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Amends the Foreign Intelligence Surveillance Act of 1978 to require the Director of the Federal Bureau of Investigation (FBI), in an application for a court order requesting access to business records and other tangible evidence in connection with a foreign intelligence investigation, to include a statement that the information sought is relevant to an authorized investigation to obtain information not concerning a U.S. person or to protect against international terrorism or clandestine intelligence activities and either: (1) pertains to a foreign power or agent of a foreign power; (2) is relevant to the activities of a suspected agent of a foreign power who is the subject of the investigation; or (3) pertains to an individual in contact with, or known to, a suspected agent of a foreign power. Requires such statement to enumerate the minimization (protection) procedures adopted by the Attorney General applicable to FBI retention and dissemination of any information made available. Excepts from such requirements any court order issued prior to six months after the date of the enactment of this Act.

To modify the Foreign Intelligence Surveillance Act of 1978 to require specific evidence for access to business records and other tangible things, and provide appropriate transition procedures, and for other purposes. 1. Specific evidence for court orders to produce records and other items in intelligence investigations (a) Factual basis for requested order Section 501(b)(2) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861(b)(2) (2) shall include— (A) a statement of facts showing that there are reasonable grounds to believe that the records or other things sought— (i) are relevant to an authorized investigation (other than a threat assessment) conducted in accordance with subsection (a)(2) to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities; and (ii) (I) pertain to a foreign power or an agent of a foreign power; (II) are relevant to the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or (III) pertain to an individual in contact with, or known to, a suspected agent of a foreign power; and (B) an enumeration of the minimization procedures adopted by the Attorney General under subsection (g) that are applicable to the retention and dissemination by the Federal Bureau of Investigation of any tangible things to be made available to the Federal Bureau of Investigation based on the order requested in such application. . (b) Exception Notwithstanding the amendment made by subsection (a), an order issued by a court established under section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) for access to business records under title V of such Act (50 U.S.C. 1861 et seq.) in effect on, and issued prior to, the effective date set out in subsection (c), shall remain in effect under the provisions of such title V in effect on the day before such effective date, until the date of expiration of such order. Any renewal or extension of such order shall be subject to the provisions of such title V in effect on the date of such renewal or extension. (c) Effective date The amendment made by subsection (a) shall take effect on the date that is 6 months after the date of the enactment of this Act.

A bill to modify the Foreign Intelligence Surveillance Act of 1978 to require specific evidence for access to business records and other tangible things, and provide appropriate transition procedures, and for other purposes.

Death Tax Repeal Act of 2013 - Amends the Internal Revenue Code to: (1) repeal the estate and generation-skipping transfer taxes, and (2) make permanent the maximum 35% gift tax rate and a $5 million lifetime gift tax exemption. Provides for an inflation adjustment to such exemption amount.

To amend the Internal Revenue Code of 1986 to repeal the estate and generation-skipping transfer taxes, and for other purposes. 1. Short title This Act may be cited as the Death Tax Repeal Act of 2013 2. Repeal of estate and generation-skipping transfer taxes (a) Estate Tax Repeal Subchapter C of chapter 11 of subtitle B of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 2210. Termination (a) In general Except as provided in subsection (b), this chapter shall not apply to the estates of decedents dying on or after the date of the enactment of the Death Tax Repeal Act of 2013 (b) Certain Distributions From Qualified Domestic Trusts In applying section 2056A with respect to the surviving spouse of a decedent dying before the date of the enactment of the Death Tax Repeal Act of 2013 (1) section 2056A(b)(1)(A) shall not apply to distributions made after the 10-year period beginning on such date, and (2) section 2056A(b)(1)(B) shall not apply on or after such date. . (b) Generation-Skipping Transfer Tax Repeal Subchapter G of chapter 13 of subtitle B of such Code is amended by adding at the end the following new section: 2664. Termination This chapter shall not apply to generation-skipping transfers on or after the date of the enactment of the Death Tax Repeal Act of 2013 . (c) Conforming Amendments (1) The table of sections for subchapter C of chapter 11 Sec. 2210. Termination. . (2) The table of sections for subchapter G of chapter 13 of such Code is amended by adding at the end the following new item: Sec. 2664. Termination. . (d) Effective Date The amendments made by this section shall apply to the estates of decedents dying, and generation-skipping transfers, after the date of the enactment of this Act. 3. Modifications of gift tax (a) Computation of gift tax Subsection (a) of section 2502 (a) Computation of tax (1) In general The tax imposed by section 2501 for each calendar year shall be an amount equal to the excess of— (A) a tentative tax, computed under paragraph (2), on the aggregate sum of the taxable gifts for such calendar year and for each of the preceding calendar periods, over (B) a tentative tax, computed under paragraph (2), on the aggregate sum of the taxable gifts for each of the preceding calendar periods. (2) Rate schedule If the amount with respect to which the tentative tax to be computed is: The tentative tax is: Not over $10,000 18% of such amount. Over $10,000 but not over $20,000 $1,800, plus 20% of the excess over $10,000. Over $20,000 but not over $40,000 $3,800, plus 22% of the excess over $20,000. Over $40,000 but not over $60,000 $8,200, plus 24% of the excess over $40,000. Over $60,000 but not over $80,000 $13,000, plus 26% of the excess over $60,000. Over $80,000 but not over $100,000 $18,200, plus 28% of the excess over $80,000. Over $100,000 but not over $150,000 $23,800, plus 30% of the excess over $100,000. Over $150,000 but not over $250,000 $38,800, plus 32% of the excess of $150,000. Over $250,000 but not over $500,000 $70,800, plus 34% of the excess over $250,000. Over $500,000 $155,800, plus 35% of the excess of $500,000. . (b) Treatment of Certain Transfers in Trust Section 2511 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (c) Treatment of Certain Transfers in Trust Notwithstanding any other provision of this section and except as provided in regulations, a transfer in trust shall be treated as a taxable gift under section 2503, unless the trust is treated as wholly owned by the donor or the donor’s spouse under subpart E of part I of subchapter J of chapter 1. . (c) Lifetime gift exemption (1) In general Paragraph (1) of section 2505(a) (1) the amount of the tentative tax which would be determined under the rate schedule set forth in section 2502(a)(2) if the amount with respect to which such tentative tax is to be computed were $5,000,000, reduced by . (2) Inflation adjustment Section 2505 of such Code is amended by adding at the end the following new subsection: (d) Inflation adjustment (1) In general In the case of any calendar year after 2011, the dollar amount in subsection (a)(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 such calendar year by substituting calendar year 2010 calendar year 1992 (2) Rounding If any amount as adjusted under paragraph (1) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000. . (d) Conforming amendments (1) Section 2505(a) of such Code is amended by striking the last sentence. (2) The heading for section 2505 of such Code is amended by striking Unified (3) The item in the table of sections for subchapter A of chapter 12 of such Code relating to section 2505 is amended to read as follows: Sec. 2505. Credit against gift tax. . (e) Effective date The amendments made by this section shall apply to gifts made on or after the date of the enactment of this Act. (f) Transition rule (1) In general For purposes of applying sections 1015(d), 2502, and 2505 of the Internal Revenue Code of 1986, the calendar year in which this Act is enacted shall be treated as 2 separate calendar years one of which ends on the day before the date of the enactment of this Act and the other of which begins on such date of enactment. (2) Application of section 2504(b) For purposes of applying section 2504(b)

Death Tax Repeal Act of 2013

Treat and Reduce Obesity Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to include information on the coverage of intensive behavioral therapy for obesity in the "Medicare and You Handbook." Directs the Secretary of Health and Human Services (HHS) to develop and implement a plan to coordinate the efforts of all HHS officers and agencies to treat, reduce, and prevent obesity and overweight in the adult population. Authorizes the Secretary, in addition to qualified primary care physicians and other primary care practitioners, to cover intensive behavioral therapy for obesity furnished by: (1) a physician who is not a qualified primary care physician; (2) an evidence-based, community-based HHS-certified lifestyle counseling program; or (3) any other appropriate health care provider (including a physician assistant, nurse practitioner, clinical nurse specialist, a clinical psychologist, and a registered dietitian or nutrition professional) upon referral from, and in coordination with, a physician or primary care practitioner in an office setting, a hospital outpatient department, or another HHS-specified setting. Authorizes the Secretary to cover under Medicare part D (Voluntary Prescription Drug Benefit Program) medication for treatment of obesity or for being overweight for individuals with one or more comorbidities.

To amend title XVIII of the Social Security Act to include information on the coverage of intensive behavioral therapy for obesity in the Medicare and You Handbook and to provide for the coordination of programs to prevent and treat obesity, and for other purposes. 1. Short title This Act may be cited as the Treat and Reduce Obesity Act of 2013 2. Findings Congress makes the following findings: (1) According to the Centers for Disease Control and Prevention, about 35 percent of adults aged 65 and over were obese in the period of 2007 through 2010, representing over 8 million adults aged 65 through 74. (2) Obesity increases the risk for chronic diseases and conditions, including high blood pressure, heart disease, and type 2 diabetes. (3) More than half of Medicare beneficiaries are treated for 5 or more chronic conditions per year. The rate of obesity among Medicare patients doubled from 1987 to 2002, and spending on those individuals more than doubled. (4) Obese men and women at age 65 have decreased life expectancy of 1.6 years for men and 1.4 years for women. (5) The direct and indirect cost of obesity is more than $450 billion annually. (6) On average, an obese Medicare beneficiary costs $1,964 more than a normal-weight beneficiary. (7) The prevalence of obesity among older Americans is growing at a linear rate and, left unchanged, nearly half of the elderly population will be obese in 2030 according to a Congressional Research Report on obesity. 3. Inclusion of information on coverage of intensive behavioral therapy for obesity in the Medicare and You Handbook (a) In general Section 1804(a) of the Social Security Act (42 U.S.C. 1395b–2(a)) is amended— (1) in paragraph (2), by striking “and” at the end; (2) in paragraph (3), by striking the period at the end and inserting , and (3) by inserting after paragraph (3) the following new paragraph: (4) information on the coverage of intensive behavioral therapy for obesity under this title, including information regarding primary care physicians and other providers of services and suppliers who are eligible to furnish such therapy. . (b) Effective date The amendments made by this section shall apply to notices distributed on or after the date of enactment of this Act. 4. Plan for coordination of HHS efforts; providing the Secretary of Health and Human Services with authority to coordinate programs to prevent and treat obesity and expand coverage options for obesity under Medicare Section 1861(ddd) of the Social Security Act ( 42 U.S.C. 1395x(ddd) (5) (A) Not later than 1 year after the date of enactment of the Treat and Reduce Obesity Act of 2013 (B) In developing and implementing the plan under subparagraph (A), the Secretary shall work with at least 5 representatives, selected by the Secretary, of expert organizations (such as public health associations, physician associations, key healthcare provider groups, planning and development organizations, education associations, advocacy groups, patient groups, relevant industries, State and local leadership, and other entities as determined appropriate by the Secretary). (C) The Secretary shall ensure that the plan under subparagraph (A) is coordinated with the National Prevention Strategy and does not duplicate the efforts of the National Prevention Council and the National Prevention Strategy. (D) The plan under subparagraph (A) shall include the following: (i) Strategies to comprehensively treat and reduce overweight and obesity. (ii) A description of— (I) the coordination of interagency cooperation under the plan; and (II) actions under the plan related to the treatment and reduction of overweight and obesity in the United States. (iii) Identification of best practices in States, communities, organizations, businesses, and other entities as appropriate, regarding treatment of overweight and obesity. (iv) A description of collaboration with States, communities, organizations, businesses, and other appropriate entities to evaluate the effectiveness of obesity and overweight interventions under the plan. (v) Research initiatives, including ongoing surveillance and monitoring using tools such as the National Health and Nutrition Examination Survey and the Behavioral Risk Factor Surveillance System and assurances for adequate and consistent funding to support data collection and analysis to inform policy under the plan. (vi) Recommendations for the coordination of budgets, grant and pilot programs, policies, and programs across Federal agencies to cohesively treat overweight and obesity. (E) Not later than 24 months after the date of enactment of the Treat and Reduce Obesity Act of 2013 (i) summarizes the plan under subparagraph (A) to coordinate interagency efforts surrounding the treatment, reduction, and prevention of obesity and overweight, including a detailed strategic plan with recommendations for each office and agency involved; (ii) in the case of the second report submitted under this subparagraph (and each subsequent report), evaluates the effectiveness of those coordinated interventions and conducts interim assessments and reporting of health outcomes, achievement of milestones, and implementation of strategic plan goals; and (iii) makes recommendations for updating the plan for the following year based on data and findings from the previous year. . 5. Authority to expand health care providers qualified to furnish intensive behavioral therapy Section 1861(ddd) of the Social Security Act ( 42 U.S.C. 1395x(ddd) (6) (A) The Secretary may, in addition to qualified primary care physicians and other primary care practitioners, cover intensive behavioral therapy for obesity— (i) furnished by a physician (as defined in subsection (r)(1)) who is not a qualified primary care physician; (ii) furnished— (I) by any other appropriate health care provider (including a physician assistant, nurse practitioner, or clinical nurse specialist (as those terms are defined in subsection (aa)(5)), a clinical psychologist, and a registered dietitian or nutrition professional (as defined in subsection (vv)); (II) upon referral from, and in coordination with, a physician or primary care practitioner operating in a primary care setting or any other setting specified by the Secretary; and (III) in an office setting, a hospital outpatient department, or another setting specified by the Secretary; or (iii) furnished by an evidence-based, community-based lifestyle counseling program certified by the Secretary. (B) In order to ensure a collaborative effort, the coordination described in subparagraph (A)(ii)(II) may include the health care provider communicating to the physician or primary care practitioner making the referral any recommendations or treatment plans made regarding the therapy. . 6. Medicare part D coverage of obesity medication (a) In general Section 1860D–2(e)(2)(A) of the Social Security Act (42 U.S.C. 1395w–102(e)(2)(A)) is amended by inserting after restricted under section 1927(d)(2), other than subparagraph (A) of such section if the drug is used for the treatment of obesity (as defined for purposes of section 1861(yy)(2)(C)) or for being overweight (as defined for purposes of section 1861(yy)(2)(F)(i)) and if the individual has one or more comorbidities, (b) Effective date The amendment made by subsection (a) shall apply to plan years beginning on or after the date that is 2 years after the date of enactment of this Act.

Treat and Reduce Obesity Act of 2013

Senior Investor Protections Enhancement Act of 2013 - Amends the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, and the Investment Advisers Act of 1940 to authorize the Securities and Exchange Commission (SEC) to impose, in addition to any other civil penalty, a maximum civil penalty of $50,000 for each violation that is directed toward, targets, or is committed against a person who at the time of the violation is age 62 or older. Directs the United States Sentencing Commission to review and amend federal sentencing guidelines and policy statements to ensure that guideline offense levels and enhancements appropriately punish criminal violations of the securities laws against seniors.

To enhance penalties for violations of securities protections that involve targeting seniors. 1. Short title This Act may be cited as the Senior Investor Protections Enhancement Act of 2013 2. Definitions (a) In general In this Act, the following definitions shall apply: (1) Senior The term senior (2) Securities laws The term securities laws 15 U.S.C. 77b et seq. 15 U.S.C. 80b et seq. (b) Application of senior definition (1) Securities Act of 1933 Section 2(a) of the Securities Act of 1933 (15 U.S.C. 77b(a)) is amended by adding at the end the following: (20) The term senior . (2) Securities Exchange Act of 1934 Section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) (A) by redesignating the first paragraph designated as (80), as added by 101(b)(2) of the Jumpstart Our Business Startups Act (126 Stat. 307) (relating to emerging growth companies), as paragraph (81); and (B) by adding at the end the following: (82) The term senior . (3) Investment Company Act of 1940 Section 2(a) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–2(a) (55) The term senior . (4) Investment Advisers Act of 1940 Section 202(a) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–2(a) (A) by redesignating the second paragraph designated as paragraph (29), as added by section 770 of the Wall Street Transparency and Accountability Act of 2010 (124 Stat. 1801), as paragraph (31) and moving such paragraph to the end; and (B) by adding at the end the following: (32) The term senior . 3. Enhanced penalties for violations of Securities Act of 1933 (a) Civil actions Section 20(d)(2) of the Securities Act of 1933 (15 U.S.C. 77t(d)(2)) is amended by adding at the end the following: (D) Special rule for seniors Notwithstanding subparagraphs (A), (B), and (C), if a person commits a violation described in paragraph (1), and the violation is directed toward, targets, or is committed against a person who, at the time of the violation, is a senior, the Commission, in addition to any other applicable civil penalty, may impose a civil penalty of not more than $50,000 for each such violation. . (b) Other violations Section 24 of the Securities Act of 1933 (15 U.S.C. 77x) is amended— (1) by inserting (a) In general Any person (2) by adding at the end the following: (b) Special rule for seniors Notwithstanding subsection (a), if a person commits a violation described in subsection (a), and the violation is directed toward, targets, or is committed against a person who, at the time of the violation is a senior, the Commission, in addition to any other applicable civil penalty, may impose a civil penalty of not more than $50,000 for each such violation. . 4. Enhanced penalties for violations of Securities Act of 1934 (a) Civil actions Section 21(d)(3)(B) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u(d)(3)(B) (iv) Special rule for seniors Notwithstanding clauses (i), (ii), and (iii), if a person commits a violation described in subparagraph (A), and the violation is directed toward, targets, or is committed against a person who, at the time of the violation, is a senior, the Commission, in addition to any other applicable civil penalty, may impose a civil penalty of not more than $50,000 for each such violation. . (b) Willful violations Section 21B(b) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–2(b) (4) Special rule for seniors Notwithstanding paragraphs (1), (2), and (3), if a person engages in an act or omission described in subsection (a), and the violation is directed toward, targets, or is committed against a person who, at the time of the violation, is a senior, the Commission, in addition to any other applicable civil penalty, may impose a civil penalty of not more than $50,000 for each such violation. . (c) Other violations Section 32 of the Securities Exchange Act of 1934 (15 U.S.C. 78ff) is amended by adding at the end the following: (d) Special rule for seniors Notwithstanding subsections (a), (b), and (c), if a person commits a violation described in this section, and the violation is directed toward, targets, or is committed against a person, who at the time of the violation, is a senior, the Commission, in addition to any other applicable civil penalty, may impose a civil penalty of not more than $50,000 for each such violation. . 5. Enhanced penalties for violations of Investment Company Act of 1940 (a) Willful violations Section 9(d)(2) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–9(d)(2) (D) Special rule for seniors Notwithstanding subparagraphs (A), (B), and (C), if a person engages in an act or omission described in paragraph (1), and the violation is directed toward, targets, or is committed against a person, who, at the time of the violation, is a senior, the Commission, in addition to any other applicable civil penalty, may impose a civil penalty of not more than $50,000 for each such violation. . (b) Civil actions Section 42(e)(2) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–41(e)(2) (D) Special rule for seniors Notwithstanding subparagraphs (A), (B), and (C), if a person commits a violation described in paragraph (1), and the violation is directed toward, targets, or is committed against a person who, at the time of the violation, is a senior, the Commission, in addition to any other applicable civil penalty, may impose a civil penalty not more than $50,000 for each such violation. . (c) Other violations Section 49 of the Investment Company Act of 1940 (15 U.S.C. 80a–48) is amended— (1) by inserting (a) In general Any person (2) by adding at the end the following: (b) Special rule for seniors Notwithstanding subsection (a), if a person commits a violation described in subsection (a), and the violation is directed toward, targets, or is committed against a person who, at the time of the violation, is a senior, the Commission, in addition to any other applicable civil penalty, may impose a civil penalty of not more than $50,000 for each such violation. . 6. Enhanced penalties for violations of Investment Advisers Act of 1940 (a) Willful violations Section 203(i)(2) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–3(i)(2) (D) Special rule for seniors Notwithstanding subparagraphs (A), (B), and (C), if a person engages in an act or omission described in paragraph (1), and the violation is directed toward, targets, or is committed against a person who, at the time of the violation, is a senior, the Commission, in addition to any other applicable civil penalty, may impose a civil penalty of not more than $50,000 for each such violation. . (b) Civil actions Section 209(e)(2) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–9(e)(2) (D) Special rule for seniors Notwithstanding subparagraphs (A), (B), and (C), if a person commits a violation under this title, and the violation is directed toward, targets, or is committed against a person who, at the time of the violation, is a senior, the Commission, in addition to any other applicable civil penalty, may impose a civil penalty of not more than $50,000 for each such violation. . (c) Other violations Section 217 of the Investment Advisers Act of 1940 (15 U.S.C. 80b–17) is amended— (1) by inserting (a) In general Any person (2) by adding at the end the following: (b) Special rule for seniors Notwithstanding subsection (a), if a person commits a violation described in subsection (a), and the violation is directed toward, targets, or is committed against a person who, at the time of the violation, is a senior, the Commission, in addition to any other applicable civil penalty, may impose a civil penalty of not more than $50,000 for each such violation. . 7. Directive to the United States Sentencing Commission (a) In general Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines and policy statements to ensure that the guideline offense levels and enhancements appropriately punish violations of the securities laws against seniors. (b) Requirements In carrying out this section, the United States Sentencing Commission shall— (1) ensure that section 2B1.1 and 2C1.1 of the Federal sentencing guidelines (and any successors thereto) apply to and punish offenses in which the victim of a violation of the securities laws is a senior; (2) ensure reasonable consistency with other relevant directives, provisions of the Federal sentencing guidelines, and statutory provisions; (3) make any necessary and conforming changes to the Federal sentencing guidelines, in accordance with the amendments made by this Act; and (4) ensure that the Federal sentencing guidelines adequately meet the purposes of sentencing set forth in section 3553(a)(2)

Senior Investor Protections Enhancement Act of 2013

Essex National Heritage Area Reauthorization Act - Amends the Omnibus Parks and Public Lands Management Act of 1996 to: (1) extend the authority for the Secretary of the Interior to make grants or provide assistance respecting the Essex National Heritage Area until September 30, 2027, and (2) increase the total amount that may be appropriated for the Area under the Act to $20 million.

To reauthorize the Essex National Heritage Area. 1. Short title This Act may be cited as the Essex National Heritage Area Reauthorization Act 2. Reauthorization of Essex National Heritage Area Division II of the Omnibus Parks and Public Lands Management Act of 1996 ( 16 U.S.C. 461 Public Law 104–333 (1) in section 507, by striking September 30, 2012 September 30, 2027 (2) in section 508(a), by striking $10,000,000 $20,000,000

Essex National Heritage Area Reauthorization Act

Mortgage Forgiveness Tax Relief Act - Amends the Internal Revenue Code to extend through 2015 the exclusion from gross income of income attributable to the discharge of indebtedness on a principal residence.

To prevent homeowners from being forced to pay taxes on forgiven mortgage loan debt. 1. Short title This Act may be cited as the Mortgage Forgiveness Tax Relief Act 2. Extension of exclusion from gross income of discharge of qualified principal residence indebtedness (a) In general Subparagraph (E) of section 108(a)(1) January 1, 2014 January 1, 2016 (b) Effective date The amendment made by this section shall apply to indebtedness discharged after December 31, 2013.

Mortgage Forgiveness Tax Relief Act

Forty Hours is Full Time Act of 2013 - Amends the Internal Revenue Code, with respect to the employer mandate to provide health care coverage, to: (1) modify the formula for calculating the number of full-time employees employed by an applicable large employer subject to the mandate; and (2) define a "full-time employee" as an employee who is employed on average at least 40 hours per week (currently, 30 hours).

To amend the Internal Revenue Code of 1986 to modify the definition of full-time employee for purposes of the individual mandate in the Patient Protection and Affordable Care Act. 1. Short title This Act may be cited as the Forty Hours Is Full Time Act of 2013 2. Definition of full-time employee Section 4980H(c) of the Internal Revenue Code of 1986 is amended— (1) in paragraph (2)(E), by striking by 120 by 174 (2) in paragraph (4)(A) by striking 30 hours 40 hours

Forty Hours Is Full Time Act of 2013

Amends the Omnibus Public Land Management Act of 2009 to include within the Paterson Great Falls National Historical Park, New Jersey, approximately six acres of land containing Hinchliffe Stadium.

To adjust the boundaries of Paterson Great Falls National Historical Park to include Hinchliffe Stadium, and for other purposes. 1. Paterson Great Falls National Historical Park boundary adjustment Section 7001 of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 410lll (1) In subsection (b)(3)— (A) by striking The Park shall (A) The Park shall (B) by redesignating subparagraphs (A) through (G) as clauses (i) through (vii), respectively; and (C) by adding at the end the following: (B) In addition to the lands described in subparagraph (A), the Park shall include the approximately 6 acres of land Hinchliffe Stadium and generally depicted as the Boundary Modification Area Paterson Great Falls National Historical Park . (2) In subsection (b)(4), by striking The Map The Map and the map referred to in paragraph (3)(B)

A bill to adjust the boundaries of Paterson Great Falls National Historical Park to include Hinchliffe Stadium, and for other purposes.

Global Democracy Promotion Act - Declares that foreign nongovernmental organizations: (1) shall not be ineligible for assistance under the Foreign Assistance Act of 1961 solely on the basis of health or medical services (including counseling and referral services) provided by them with non-U.S. government funds if such services do not violate the laws of the country in which they are being provided, and would not violate U.S. federal law if provided in the United States; and (2) shall not be subject to requirements relating to the use of non-U.S. government funds for advocacy and lobbying activities other than those that apply to U.S. nongovernmental organizations receiving such assistance.

To prohibit the application of certain restrictive eligibility requirements to foreign nongovernmental organizations with respect to the provision of assistance under part I of the Foreign Assistance Act of 1961. 1. Short title This Act may be cited as the Global Democracy Promotion Act 2. Assistance for foreign nongovernmental organizations under part I of the Foreign Assistance Act of 1961 Notwithstanding any other provision of law, regulation, or policy, in determining eligibility for assistance authorized under part I of the Foreign Assistance Act of 1961 (1) shall not be ineligible for such assistance solely on the basis of health or medical services, including counseling and referral services, provided by such organizations with non-United States Government funds if such services do not violate the laws of the country in which they are being provided and would not violate United States Federal law if provided in the United States; and (2) shall not be subject to requirements relating to the use of non-United States Government funds for advocacy and lobbying activities other than those that apply to United States nongovernmental organizations receiving assistance under part I of such Act.

Global Democracy Promotion Act

Small Business Fairness Act of 2013 - Amends the Small Business Act to permit a contract between a federal agency and a small business teaming arrangement entity to be deemed awarded for purposes of the small business procurement and services contracting goals established by the head of that agency if the obligations of such entity are performed by a qualified HUBZone (historically underutilized business zone) small business or a small business owned and controlled by service-disabled veterans, socially and economically disadvantaged individuals, or women. Defines "teaming arrangement entity" as a prime contractor under a contractor team arrangement as defined under specified provisions of the Federal Acquisition Regulation.

To amend the Small Business Act to permit agencies to count certain contracts toward contracting goals. 1. Short title This Act may be cited as the Small Business Fairness Act of 2013 2. Teaming arrangements and agency contracting goals Section 15(g) of the Small Business Act (15 U.S.C. 644(g)) is amended by adding at the end the following: (3) Teaming arrangements and agency contracting goals (A) Definitions In this paragraph— (i) the term covered small business concern (I) a small business concern owned and controlled by service-disabled veterans; (II) a small business concern owned and controlled by socially and economically disadvantaged individuals, as defined in section 8(d)(3)(C); (III) a small business concern owned and controlled by women, as defined in section 8(d)(3)(D); or (IV) a qualified HUBZone small business concern; and (ii) the term teaming arrangement entity (B) Contracting goals If a covered small business concern performs the obligations of a teaming arrangement entity under a contract between the teaming arrangement entity and a Federal agency, the head of the Federal agency may deem the contract to be a contract awarded to the covered small business concern for purposes of determining whether the Federal agency has met the goals established by the head of the Federal agency under paragraph (2). .

Small Business Fairness Act of 2013

Better Buildings Act of 2013 - Amends the Energy Independence and Security Act of 2007 to require the Department of Energy's (DOE) Assistant Secretary of Energy Efficiency and Renewable Energy to study the feasibility of: (1) significantly improving energy efficiency in commercial buildings through the design and construction of separate spaces with high-performance energy efficiency measures, and (2) encouraging owners and tenants to implement such measures in separate spaces. Requires the Secretary to publish such study on DOE's website. Requires the Administrator of the Environmental Protection Agency (EPA) and the Secretary of Energy to develop a voluntary Tenant Star program within the Energy Star program to recognize tenants in commercial buildings that voluntarily achieve high levels of energy efficiency in separate spaces. Requires DOE's Administrator of the Energy Information Administration to collect data on categories of building occupancy that consume significant quantities of energy and on other aspects of the property, building operation, or building occupancy determined to be relevant to lowering energy consumption. Prohibits the impact on climate change from being a factor in determining energy efficiency of commercial building tenants.

To facilitate better alignment, cooperation, and best practices between commercial real estate landlords and tenants regarding energy efficiency in buildings, and for other purposes. 1. Short title This Act may be cited as the Better Buildings Act of 2013 2. Separate spaces with high-performance energy efficiency measures Subtitle B of title IV of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17081 et seq. 424. Separate spaces with high-performance energy efficiency measures (a) Definitions In this section: (1) High-performance energy efficiency measure The term high-performance energy efficiency measure (2) Separate spaces The term separate spaces (b) Study (1) In general Not later than 1 year after the date of enactment of this section, the Secretary, acting through the Assistant Secretary of Energy Efficiency and Renewable Energy, shall complete a study on the feasibility of— (A) significantly improving energy efficiency in commercial buildings through the design and construction, by owners and tenants, of separate spaces with high-performance energy efficiency measures; and (B) encouraging owners and tenants to implement high-performance energy efficiency measures in separate spaces. (2) Scope The study shall, at a minimum, include— (A) descriptions of— (i) high-performance energy efficiency measures that should be considered as part of the initial design and construction of separate spaces; (ii) processes that owners, tenants, architects, and engineers may replicate when designing and constructing separate spaces with high-performance energy efficiency measures; (iii) standards and best practices to achieve appropriate energy intensities for lighting, plug loads, pipe loads, heating, cooling, cooking, laundry, and other systems to satisfy the needs of the commercial building tenant; (iv) return on investment and payback analyses of the incremental cost and projected energy savings of the proposed set of high-performance energy efficiency measures, including consideration of tax and other available incentives; (v) models and simulation methods that predict the quantity of energy used by separate spaces with high-performance energy efficiency measures and that compare that predicted quantity to the quantity of energy used by separate spaces without high-performance energy efficiency measures but that otherwise comply with applicable building code requirements; (vi) measurement and verification platforms demonstrating actual energy use of high-performance energy efficiency measures installed in separate spaces, and whether the measures generate the savings intended in the initial design and construction of the separate spaces; (vii) best practices that encourage an integrated approach to designing and constructing separate spaces to perform at optimum energy efficiency in conjunction with the central systems of a commercial building; and (viii) any impact on employment resulting from the design and construction of separate spaces with high-performance energy efficiency measures; and (B) case studies reporting economic and energy saving returns in the design and construction of separate spaces with high-performance energy efficiency measures. (3) Public participation Not later than 90 days after the date of enactment of this section, the Secretary shall publish a notice in the Federal Register requesting public comments regarding effective methods, measures, and practices for the design and construction of separate spaces with high-performance energy efficiency measures. (4) Publication The Secretary shall publish the study on the website of the Department of Energy. . 3. Tenant star program Subtitle B of title IV of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17081 et seq. 425. Tenant star program (a) Definitions In this section: (1) High-performance energy efficiency measure The term high-performance energy efficiency measure (2) Separate spaces The term separate spaces (b) Tenant star The Administrator of the Environmental Protection Agency and the Secretary shall develop a voluntary program within the Energy Star program established by section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a), which may be known as Tenant Star, to promote energy efficiency in separate spaces leased by tenants or otherwise occupied within commercial buildings. (c) Agreements Responsibilities under the program developed under subsection (b) shall be divided between the Secretary and the Administrator of the Environmental Protection Agency in accordance with the terms of applicable agreements between the Secretary and the Administrator. (d) Expanding survey data The Secretary, acting through the Administrator of the Energy Information Administration, shall— (1) collect, through each Commercial Building Energy Consumption Survey of the Energy Information Administration that is conducted after the date of enactment of this section, data on— (A) categories of building occupancy that are known to consume significant quantities of energy, such as occupancy by law firms, data centers, trading floors, restaurants, retail outlets, and financial services firms; and (B) other aspects of the property, building operation, or building occupancy determined by the Administrator of the Energy Information Administration, in consultation with the Administrator of the Environmental Protection Agency, to be relevant in lowering energy consumption; and (2) make data collected under paragraph (1) available to the public in aggregated form and provide the data, and any associated results, to the Administrator of the Environmental Protection Agency for use in accordance with subsection (e). (e) Recognition of owners and tenants (1) Occupancy-based recognition Not later than 1 year after the date on which the data described in subsection (d) is received, the Secretary and the Administrator of the Environmental Protection Agency shall, following an opportunity for public notice and comment— (A) in a manner similar to the Energy Star rating system for commercial buildings, develop voluntary policies and procedures to recognize tenants that voluntarily achieve high levels of energy efficiency in separate spaces; (B) establish building occupancy categories eligible for Tenant Star recognition based on the data collected under subsection (d)(1) and any associated results; and (C) consider other forms of recognition for commercial building tenants or other occupants that lower energy consumption in separate spaces. (2) Design- and construction-based recognition After the study required under section 424(b) is completed and following an opportunity for public notice and comment, the Administrator of the Environmental Protection and the Secretary may develop a voluntary program to recognize commercial building owners and tenants that use high-performance energy efficiency measures in the design and construction of separate spaces. (f) Effect on climate change For purposes of this section, the impact on climate change shall not be a factor in determining the energy efficiency of commercial building tenants. .

Better Buildings Act of 2013

Commonsense Contractor Compensation Act of 2013 - Prohibits civilian or defense contracts from allowing compensation of contractor and subcontractor employees to exceed the annual amount payable under the aggregate limitation established by the Office of Management and Budget (OMB) (currently, $230,700). Allows an exception to such limitation for scientists, engineers, or other specialists who are needed to ensure that an executive agency has continued access to needed skills and capabilities. Requires the Director of OMB to report to specified congressional committees on contractor compensation, including the number of contractor employees hired in the preceding fiscal year who are exempt from the limitation on compensation imposed by this Act.

To implement common sense controls on the taxpayer-funded salaries of government contractors by limiting reimbursement for excessive compensation. 1. Short title This Act may be cited as the Commonsense Contractor Compensation Act of 2013 2. Limitation on allowable government contractor compensation costs (a) Limitation (1) Civilian contracts Section 4304(a)(16) (16) Costs of compensation of contractor and subcontractor employees for a fiscal year, regardless of the contract funding source, to the extent that such compensation exceeds the annual amount payable under the aggregate limitation on pay as established by the Office of Management and Budget (currently $230,700), except that the head of an executive agency may establish one or more narrowly targeted exceptions for scientists, engineers, or other specialists upon a determination that such exceptions are needed to ensure that the executive agency has continued access to needed skills and capabilities. . (2) Defense contracts Section 2324(e)(1)(P) (P) Costs of compensation of contractor and subcontractor employees for a fiscal year, regardless of the contract funding source, to the extent that such compensation exceeds the annual amount payable under the aggregate limitation on pay as established by the Office of Management and Budget (currently $230,700), except that the head of an executive agency may establish one or more narrowly targeted exceptions for scientists, engineers, or other specialists upon a determination that such exceptions are needed to ensure that the executive agency has continued access to needed skills and capabilities. . (b) Conforming amendments (1) Repeal Section 1127 of title 41, United States Code, is hereby repealed. (2) Clerical amendment The table of sections at the beginning of chapter 11 of title 41, United States Code, is amended by striking the item relating to section 1127. (c) Applicability This section and the amendments made by this section shall apply only with respect to costs of compensation incurred under contracts entered into on or after the date that is 180 days after the date of the enactment of this Act. (d) Reports (1) In general Not later than 60 days after the end of each fiscal year, the Director of the Office of Management and Budget shall submit a report on contractor compensation to— (A) the Committee on Armed Services of the Senate; (B) the Committee on Armed Services of the House of Representatives; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Committee on Homeland Security of the House of Representatives; (E) the Committee on Appropriations of the Senate; and (F) the Committee on Appropriations of the House of Representatives. (2) Elements The report required under paragraph (1) shall include— (A) the total number of contractor employees, by executive agency, in the narrowly targeted exception positions described under subsection (a) during the preceding fiscal year; (B) the taxpayer-funded compensation amounts received by each contractor employee in a narrowly targeted exception position during such fiscal year; and (C) the duties and services performed by contractor employees in the narrowly targeted exception positions during such fiscal year.

Commonsense Contractor Compensation Act of 2013

Data Security and Breach Notification Act of 2013 - Requires commercial entities that acquire, maintain, store, or utilize personal information (covered entities) to take reasonable measures to protect and secure data in electronic form containing personal information. Directs a covered entity that owns or licenses such data to give notice of any breach of security that the entity reasonably believes has caused or will cause identity theft or other actual financial harm to each individual: (1) who is a U.S. citizen or resident; and (2) whose personal information was, or that the covered entity reasonably believes has been, accessed and acquired by an unauthorized person. Requires a covered entity to notify the Secret Service or the Federal Bureau of Investigation (FBI) of a security breach of personal information involving more than 10,000 individuals. Requires a third-party entity contracted to maintain, store, or process data containing personal information to notify the covered entity of a breach of security of a system. Requires a service provider to notify the covered entity if it becomes aware of a breach of security involving personal information owned or possessed by a covered entity and if such covered entity can be reasonably identified. Allows delays of notifications to avoid interfering with a civil or criminal investigation or threatening national or homeland security. Sets forth the methods for notification under this Act. Preempts information security practices of the Communications Act of 1934 applicable to telecommunication carriers, satellite operators, and cable operators. Sets forth the enforcement authority for the Federal Trade Commission (FTC) along with civil monetary penalties for violations of this Act. Exempts certain financial institutions and entities subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

To require certain entities that collect and maintain personal information of individuals to secure such information and to provide notice to such individuals in the case of a breach of security involving such information, and for other purposes. 1. Short title This Act may be cited as the Data Security and Breach Notification Act of 2013 2. Requirements for information security Each covered entity shall take reasonable measures to protect and secure data in electronic form containing personal information. 3. Notification of information security breach (a) Notification (1) In general A covered entity that owns or licenses data in electronic form containing personal information shall give notice of any breach of security following discovery by the covered entity of the breach of security to each individual who is a citizen or resident of the United States whose personal information was or that the covered entity reasonably believes to have been accessed and acquired by an unauthorized person and that the covered entity reasonably believes has caused or will cause identity theft or other actual financial harm. (2) Law enforcement A covered entity shall notify the Secret Service or the Federal Bureau of Investigation of the fact that a breach of security has occurred if the number of individuals whose personal information the covered entity reasonably believes to have been accessed and acquired by an unauthorized person exceeds 10,000. (b) Special notification requirements (1) Third-party agents (A) In general In the event of a breach of security of a system maintained by a third-party entity that has been contracted to maintain, store, or process data in electronic form containing personal information on behalf of a covered entity who owns or possesses such data, such third-party entity shall notify such covered entity of the breach of security. (B) Covered entities who receive notice from third parties Upon receiving notification from a third party under subparagraph (A), a covered entity shall provide notification as required under subsection (a). (C) Exception for service providers A service provider shall not be considered a third-party agent for purposes of this paragraph. (2) Service providers (A) In general If a service provider becomes aware of a breach of security involving data in electronic form containing personal information that is owned or possessed by a covered entity that connects to or uses a system or network provided by the service provider for the purpose of transmitting, routing, or providing intermediate or transient storage of such data, such service provider shall notify the covered entity who initiated such connection, transmission, routing, or storage if such covered entity can be reasonably identified. (B) Covered entities who receive notice from service providers Upon receiving notification from a service provider under subparagraph (A), a covered entity shall provide notification as required under subsection (a). (c) Timeliness of notification (1) In general Unless subject to a delay authorized under paragraph (3), a notification required under subsection (a) with respect to a breach of security shall be made as expeditiously as practicable and without unreasonable delay. (2) Reasonable delay For purposes of paragraph (1), a delay for the purpose of allowing the covered entity time to determine the scope of the breach of security, to identify individuals affected by the breach of security, and to restore the reasonable integrity of the data system that was breached, shall be considered reasonable. (3) Delay of notification authorized for law enforcement or national security purposes (A) Law enforcement If a Federal law enforcement agency determines that the notification required under subsection (a) would interfere with a civil or criminal investigation, such notification shall be delayed upon the written request of the law enforcement agency for any period which the law enforcement agency determines is reasonably necessary. A law enforcement agency may, by a subsequent written request, revoke such delay or extend the period set forth in the original request made under this subparagraph by a subsequent request if further delay is necessary. (B) National security If a Federal national security agency or homeland security agency determines that the notification required under this section would threaten national or homeland security, such notification may be delayed upon the written request of the national security agency or homeland security agency for any period which the national security agency or homeland security agency determines is reasonably necessary. A Federal national security agency or homeland security agency may revoke such delay or extend the period set forth in the original request made under this subparagraph by a subsequent written request if further delay is necessary. (d) Method and content of notification (1) Direct notification (A) Method of notification A covered entity required to provide notification to an individual under subsection (a) shall be in compliance with such requirement if the covered entity provides such notice by one of the following methods: (i) Written notification, sent to the postal address of the individual in the records of the covered entity. (ii) Telephone. (iii) Email or other electronic means. (B) Content of notification Regardless of the method by which notification is provided to an individual under subparagraph (A) with respect to a breach of security, such notification, to the extent practicable, shall include— (i) the date, estimated date, or estimated date range of the breach of security; (ii) a description of the personal information that was accessed and acquired, or reasonably believed to have been accessed and acquired, by an unauthorized person as a part of the breach of security; and (iii) information that the individual can use to contact the covered entity to inquire about— (I) the breach of security; or (II) the personal information the covered entity maintained about that individual. (2) Substitute notification (A) Circumstances giving rise to substitute notification A covered entity required to provide notification to an individual under subsection (a) may provide substitute notification in lieu of the direct notification required by paragraph (1) if such direct notification is not feasible due to— (i) excessive cost to the covered entity required to provide such notification relative to the resources of such covered entity; or (ii) lack of sufficient contact information for the individual required to be notified. (B) Form of substitute notification Such substitute notification shall include at least one of the following: (i) A conspicuous notice on the Internet website of the covered entity (if such covered entity maintains such a website). (ii) Notification in print and to broadcast media, including major media in metropolitan and rural areas where the individuals whose personal information was acquired reside. (e) Treatment of persons governed by other Federal law Except as provided in section 4(b), a covered entity who is in compliance with any other Federal law that requires such covered entity to provide notification to individuals following a breach of security shall be deemed to be in compliance with this section. 4. Application and enforcement (a) General application The requirements of sections 2 and 3 apply to— (1) those persons, partnerships, or corporations over which the Commission has authority pursuant to section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) (2) notwithstanding section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) (b) Application to cable operators, satellite operators, and telecommunications carriers Sections 222, 338, and 631 of the Communications Act of 1934 ( 47 U.S.C. 222 (c) Enforcement by Federal Trade Commission (1) Unfair or deceptive acts or practices A violation of section 2 or 3 shall be treated as an unfair or deceptive act or practice in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (2) Powers of commission (A) In general Except as provided in subsection (a), the Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (B) Privileges and immunities Any person who violates section 2 or 3 shall be subject to the penalties and entitled to the privileges and immunities provided in such Act. (3) Maximum total liability Notwithstanding the number of actions which may be brought against a covered entity under this subsection, the maximum civil penalty for which any covered entity may be liable under this subsection for all actions shall not exceed— (A) $500,000 for all violations of section 2 resulting from the same related act or omission; and (B) $500,000 for all violations of section 3 resulting from a single breach of security. (d) No private cause of action Nothing in this Act shall be construed to establish a private cause of action against a person for a violation of this Act. 5. Definitions In this Act: (1) Breach of security The term breach of security (2) Commission The term Commission (3) Covered entity (A) In general The term covered entity (B) Exemptions The term covered entity (i) Financial institutions subject to title V of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.). (ii) An entity covered by the regulations issued under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( Public Law 104–191 (4) Data in electronic form The term data in electronic form (5) Personal information (A) In general The term personal information (i) Social Security number. (ii) Driver’s license number, passport number, military identification number, or other similar number issued on a government document used to verify identity. (iii) Financial account number or credit or debit card number, in combination with any required security code, access code, or password that is necessary to permit access to an individual’s financial account. (B) Exclusions (i) public record information Personal information does not include information obtained about an individual which has been lawfully made publicly available by a Federal, State, or local government entity or widely distributed by media. (ii) Encrypted, redacted, or secured data Personal information does not include information that is encrypted, redacted, or secured by any other method or technology that removes elements that personally identify an individual or that otherwise renders the information unusable. (6) Service provider The term service provider 6. Effect on other laws This Act preempts any law, rule, regulation, requirement, standard, or other provision having the force and effect of law of any State, or political subdivision of a State, relating to the protection or security of data in electronic form containing personal information or the notification of a breach of security. 7. Effective date This Act shall take effect on the date that is 1 year after the date of enactment of this Act.

Data Security and Breach Notification Act of 2013

Amends the Internal Revenue Code to: (1) increase the tax deduction for charitable contributions of qualified wild game meat by the processing fees paid with respect to such contributions, and (2) exclude from the gross income of meat processors processing fees paid by a charitable organization for the processing of donated wild game meat. Defines "qualified wild game meat" as the meat of any animal typically used for human consumption but only if: (1) such animal is killed in the wild by the individual making the charitable contribution and is hunted or taken in accordance with all state and local laws, (2) the meat is processed for human consumption by a licensed processor, and (3) the meat is apparently wholesome as determined by regulations under the Bill Emerson Good Samaritan Food Donation Act.

To amend the Internal Revenue Code of 1986 to provide tax incentives for the donation of wild game meat. 1. Charitable deduction for costs associated with donations of wild game meat (a) In general Subsection (e) of section 170 (8) Special rule for contributions of wild game meat (A) In general In the case of a charitable contribution by an individual of qualified wild game meat, the amount of such contribution otherwise taken into account under this section (after the application of paragraph (1)(A)) shall be increased by the amount of the qualified processing fees paid with respect to such contribution. (B) Qualified wild game meat For purposes of this paragraph, the term qualified wild game meat (i) such animal is killed in the wild by the individual making the charitable contribution of such meat (not including animals raised on a farm for the purpose of sport hunting), (ii) such animal is hunted or taken in accordance with all State and local laws and regulations, including season and size restrictions, (iii) such meat is processed for human consumption by a processor which is licensed for such purpose under the appropriate Federal, State, and local laws and regulations and which is in compliance with all such laws and regulations, and (iv) such meat is apparently wholesome (under regulations similar to the regulations under section 22(b)(2) of the Bill Emerson Good Samaritan Food Donation Act). (C) Qualified processing fee For purposes of this paragraph, the term qualified processing fee . (b) Exclusion of processor's income from tax exempt organizations (1) In general Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139D the following new section: 139E. Certain income received from charitable organizations (a) In general Gross income of a qualified meat processor shall not include any amount paid to such processor as a qualified processing fee by a charitable organization for the processing of donated wild game meat. (b) Definitions For purposes of this section— (1) Qualified meat processor The term qualified meat processor (2) Charitable organization The term charitable organization (3) Donated wild game meat The term donated wild game meat (4) Qualified processing fee The term qualified processing fee . (2) Clerical amendment The table of sections for part III of subchapter B of chapter 1 Sec. 139E. Certain income received from tax exempt organizations. . (c) Effective date The amendments made by this section shall apply to donations made, and fees received, after the date of the enactment of this Act.

A bill to amend the Internal Revenue Code of 1986 to provide tax incentives for the donation of wild game meat.

Renewable Fuel Standard Repeal Act - Amends the Clean Air Act to repeal the renewable fuel standard. Amends the Energy Independence and Security Act of 2007 to repeal a requirement that the Administrator of the Environmental Protection Agency (EPA) assess and report to Congress on the impact of the renewable fuel program on environmental issues, resource conservation issues, and the growth and use of cultivated invasive or noxious plants and their impact on the environment and agriculture.

To repeal the renewable fuel standard. 1. Short title This Act may be cited as the Renewable Fuel Standard Repeal Act 2. Repeal of renewable fuel standard Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by striking subsection (o). 3. Additional repeal Section 204 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 7545 4. Regulations Beginning on the date of enactment of this Act, the regulations under subparts K and M of part 80 of title 40, Code of Federal Regulations (as in effect on that date of enactment), shall have no force or effect.

Renewable Fuel Standard Repeal Act

Aaron's Law Act of 2013 - Amends provisions of the Computer Fraud and Abuse Act (CFAA) prohibiting computer fraud to replace the phrase "exceeds authorized access" with "access without authorization," which is defined as obtaining information on a protected computer that the accesser lacks authorization to obtain by knowingly circumventing one or more technological or physical measures that are designed to exclude or prevent unauthorized individuals from obtaining that information. Modifies CFAA penalty provisions to: (1) limit the imposition of enhanced penalties to subsequent offenses under such Act (currently, additional penalties are allowed if there is a conviction for another offense) and to criminal acts punishable under federal or state law by a term of imprisonment for more than one year; and (2) require the determination of the value of information for enhanced penalty purposes to be made by reference to fair market value.

To amend title 18, United States Code, to provide for clarification as to the meaning of access without authorization, and for other purposes. 1. Short title This Act may be cited as the Aaron's Law Act of 2013 2. Clarifying that access without authorization (a) In general Section 1030(e)(6) of title 18, United States Code, is amended by— (1) striking exceeds authorized access (2) inserting the following: access without authorization (A) to obtain information on a protected computer; (B) that the accesser lacks authorization to obtain; and (C) by knowingly circumventing one or more technological or physical measures that are designed to exclude or prevent unauthorized individuals from obtaining that information; . (b) Conforming amendment Section 1030 of title 18, United States Code, is amended— (1) in subsection (d)(10), by striking unauthorized access, or exceeding authorized access, to a access without authorization of a protected (2) by striking exceeds authorized access 3. Eliminating redundancy Section 1030(a)(4) of title 18, United States Code, is repealed. 4. Making penalties proportional to crimes (a) Section 1030(c)(2) (1) in subparagraph (A)— (A) by striking conviction for another subsequent (B) by inserting such attempt to commit (2) in subparagraph (B)(i), by inserting after financial gain and the fair market value of the information obtained exceeds $5,000 (3) in subparagraph (B)(ii), by striking the offense was committed the offense was committed in furtherance of any criminal act in violation of the Constitution or laws of the United States or of any State punishable by a term of imprisonment greater than one year, unless such criminal acts are prohibited by this section or such State violation would be based solely on accessing information without authorization; (4) in subparagraph (B)(iii), by inserting fair market value (5) in subparagraph (C)— (A) by striking conviction for another subsequent (B) by inserting such attempt to commit

Aaron's Law Act of 2013

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) National Defense Authorization Act for Fiscal Year 2014 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations - (Sec. 101) Authorizes appropriations for FY2014 for the Department of Defense (DOD) for procurement for the Army, Navy and Marine Corps, Air Force, and defense-wide activities in amounts specified in the funding table in Division D of this Act. Subtitle C [sic]: Navy Programs - (Sec. 121) Authorizes the Secretary of the Navy, beginning with the FY2014 program year, to enter into a multiyear contract for the procurement of E-2D aircraft. (Sec. 122) Amends the John Warner National Defense Authorization Act for Fiscal Year 2007 (Warner Act) to increase the cost limitation baseline for the lead ship in the CVN-21 class aircraft carrier program. Includes as an additional factor for the adjustment of such limitation any increase or decrease attributable to the shipboard test program. Directs the Secretary of the Navy to submit quarterly to the congressional defense and appropriations committees the most current cost estimate for the CVN-79 class aircraft carrier, with a payment limitation for costs in excess of certain authorized amounts. (Sec. 123) Amends the National Defense Authorization Act (NDAA) for Fiscal Year 2010 to repeal certain requirements and limitations on procurement programs for future naval surface combatants. (Sec. 124) Amends the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Skelton Act) to require the Secretary of the Navy to maintain sufficient numbers of EP-3 airborne reconnaissance integrated electronic system II spiral 3 aircraft ( EP-3 aircraft) and special projects aircraft version P909 (P909 aircraft) to support the wartime operational plans of the U.S. Pacific Command using realistic basing assumptions. Requires such Secretary to maintain sufficient numbers of the EP-3 aircraft and associated personnel to sustain five such aircraft for allocation to the commanders of combatant commands under the global force management allocation plan. Directs such Secretary to: (1) extend the spiral 3 configuration upgrade to include a 12th aircraft, and (2) correct electronic intelligence system obsolescence deficiencies in both the EP-3 and P909 aircraft. Requires the Chairman of the Joint Requirements Oversight Council to coordinate with the commanders of the combatant commands to determine requirements for the intelligence, surveillance, and reconnaissance capabilities and capacity to be provided to the P909 aircraft. Directs such Secretary to maintain sufficient numbers of such aircraft to satisfy such requirements. Terminates such requirements relating to the EP-3 aircraft when the multi-intelligence broad area maritime system TRITON aircraft with signals intelligence capabilities equal or greater than the EP-3 aircraft reaches initial operational capability. (Sec. 125) Directs the Chief of Naval Operations to report to the defense and appropriations committees on the current concept of operations and expected survivability attributes of each of the littoral combat ship sea frames. Subtitle D: Air Force Programs - (Sec. 131) Requires the Secretary of the Air Force to consider, as part of the recapitalization of the Air Force tactical airlift fleet, upgrades to legacy C-130H aircraft designed to help meet Air Force fuel efficiency goals and the retention of such aircraft in the tactical airlift fleet. (Sec. 132) Amends the Warner Act to remove the requirement that: (1) any retired B-52 aircraft have a common capability configuration, and (2) the Secretary of the Air Force maintain at least 74 of the KC-135E aircraft retired after September 30, 2006, in a condition that would allow their recall for reserve, National Guard, or aerial refueling purposes. (Sec. 134) Prohibits the Secretary of the Air Force from obligating or expending any funds for procurement of C-27J aircraft not under contract as of June 1, 2013. Subtitle E: Joint and Multiservice Matters - (Sec. 151) Authorizes the Secretary of the Air Force, beginning with the FY2014 program year, to enter into a multiyear contract for the procurement of C-130J aircraft for the Air Force and the Navy. (Sec. 152) Expresses the sense of the Senate that: (1) armed, cargo, and utility helicopters are instrumental to DOD's ability to execute the National Security Strategy; (2) DOD should consider the health and viability of the military helicopter industrial base when building its annual research, development, and acquisition budget request; and (3) DOD and Congress should endeavor to maintain budget and program predictability in order to attract and retain a skilled workforce to ensure the technological capabilities required to sustain the preeminence of the U.S. military helicopter fleets. Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - (Sec. 201) Authorizes appropriations for FY2014 for DOD for research, development, test, and evaluation (RDT&E) in amounts specified in the funding table. Subtitle B: Program Requirements, Restrictions, and Limitations - (Sec. 211) Prohibits any FY2014 RDT&E funds for the conventional prompt global strike program from being obligated or expended until 60 days after the Under Secretary of Defense for Policy reports to the defense and appropriations committees addressing policy considerations concerning ambiguity problems regarding the launch of conventional prompt global strike missiles from submarine platforms. (Sec. 212) Revises, generally, elements of the biennial strategic plan of the Defense Advanced Research Projects Agency (DARPA). Transfers from the Secretary of Defense (Secretary) to the Director of DARPA responsibility for the submission of each such plan. (Sec. 213) Extends through FY2017 a DOD program of awards in recognition of advanced technology achievements. (Sec. 214) Amends the Skelton Act to extend until October 1, 2020, a pilot program to include technology protection features during research and development (R&D) of defense systems. (Sec. 215) Amends the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Hunter Act) to extend through FY2020 DOD authority to provide a certain percentage of funds to defense laboratories for competitive R&D of technologies for military missions. (Sec. 216) Authorizes the Secretary of the Air Force to procure the existing Blue Devil 1 intelligence, surveillance, and reconnaissance systems. Requires such Secretary, upon electing not to procure Blue Devil 1 aircraft systems under such systems, to submit to the defense, appropriations, and intelligence committees a plan to replace the capacity provided by such aircraft systems with a comparable or improved capability. Outlines requirements with respect to achievements of replacement capability. Subtitle C: Missile Defense Programs - (Sec. 231) Expresses the sense of Congress that: (1) it is a national priority to defend the U.S. homeland against the threat of a limited ballistic missile attack; (2) the currently-deployed ground-based midcourse defense system (GBMDS) provides protection for the entire United States against such an attack from North Korea and Iran, although its capability should be improved; (3) it is essential that the GBMDS achieve appropriate levels of reliability, availability, sustainability, and operational performance; (4) the Missile Defense Agency (MDA) should correct problems encountered during the December 2010 flight test of the GBMDS; (5) DOD should continue to enhance the performance and reliability of the GBMDS against the evolving missile threats from North Korea and Iran; (6) the MDA should continue GBMDS testing; (7) DOD has taken a number of steps to hedge against possible future growth in the ballistic threat to the U.S. homeland from such countries; and (8) DOD should continue to evaluate such threat and consider possibilities for prudent, affordable, and cost-effective steps to improve U.S. posture against future growth in such threats. Directs the Secretary to report to the defense and appropriations committees on potential future options for enhancing U.S. homeland ballistic missile defense. (Sec. 232) Expresses the sense of Congress that: (1) the threat from regional ballistic missiles, particularly from North Korea and Iran, is serious and growing and puts at risk forward-deployed U.S. forces as well as U.S. allies and partners; (2) DOD and the United States have an obligation to protect such forces and allies; (3) the European phased adaptive approach to missile defense is an appropriate and prudent response to such threat; and (4) DOD should continue to develop, test, and plan to deploy phases 2 and 3 of such approach and should continue with other phased and adaptive regional missile defense efforts. Directs the Secretary to report to the defense and appropriations committees on the status and progress of regional missile defense programs and efforts. (Sec. 233) Expresses the sense of Congress that: (1) it is in the U.S. national security interest to pursue efforts at missile defense cooperation with Russia, (2) the United States should pursue such efforts on a bilateral and multilateral basis with its North Atlantic Treaty Organization (NATO) allies, (3) such cooperation should not in any way limit U.S. or NATO missile defense capabilities, (4) the United States should pursue such cooperation in a manner that safeguards classified information and allows for a defense technology cooperation agreement with Russia, and (5) the sovereignty of the United States and its ability to pursue its own missile defense program should be protected. Prohibits FY2014 DOD funds from being used to provide the Russian Federation with sensitive missile defense information that would compromise U.S. national security in any way, including the "hit-to-kill" technology and telemetry data for missile defense interceptors or target vehicles. (Sec. 234) Directs the MDA to deploy an X-band radar or other comparable sensor at a location optimized to support U.S. defense against long-range ballistic missile threats. Provides funding from RDT&E funds. (Sec. 235) Directs the Secretary to: (1) evaluate options and alternatives for future sensor architectures for ballistic missile defense, and (2) report evaluation results to the defense and appropriations committees. (Sec. 236) Prohibits any DOD funds from being obligated or expended for the medium extended air defense system. Subtitle D: Reports and Other Matters - (Sec. 251) Directs the Comptroller General of the United States (CG) to annually: (1) review the acquisition program for the VXX presidential helicopter, and (2) report review results to the defense and appropriations committees. Terminates such requirements on the earlier of the date on which the Navy awards a contract for full-rate production of such aircraft or such acquisition program is terminated. Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - (Sec. 301) Authorizes appropriations for FY2014 for operation and maintenance (O&M) for the Armed Forces and activities and agencies of DOD as specified in the funding table. Subtitle B: Logistics and Sustainment - (Sec. 311) Directs the Secretary to: (1) review current and expected manufacturing requirements across the military services and defense agencies which are appropriate for manufacturing within an arsenal owned by the United States in order to support critical manufacturing capabilities, (2) review manufacturing capabilities for which there is no or limited domestic commercial capability, and (3) report results to the defense and appropriations committees. (Sec. 312) Includes additional elements within a current strategic policy on the DOD programs for prepositioned materiel and equipment. Requires the policy to address how such programs align with national defense strategies and departmental priorities. Directs the Secretary to: (1) establish joint oversight of the military services' prepositioning efforts to maximize efficiencies across DOD, and (2) submit to the defense and appropriations committees an implementation plan for such policy. Requires the CG to annually review the implementation plan and report review results to such committees. (Sec. 313) Extends through FY2019 DOD authority to provide to other federal agencies transportation services (under current law, only airlift services) for non-DOD cargoes at the same rate that DOD charges its own branches and agencies. Allows such services to be used in support of foreign military sales. Subtitle C: Readiness - (Sec. 321) Amends the Warner Act to: (1) include Marine Corps requirements in a required prioritization of funds for equipment readiness and strategic capability, and (2) repeal a required annual Secretary of the Army report and CG review concerning the Army's modular force structure. (Sec. 322) Directs the Secretary to: (1) establish a policy setting forth DOD's programs and priorities for the retrograde, reconstitution, and replacement of units and materiel used to support overseas contingency operations; (2) submit to the defense and appropriations committees a plan for the implementation of such policy; and (3) submit to such committees annually for three years an update on progress made toward meeting plan goals. Requires the CG to review the implementation plan and report review results to such committees over the three-year period. Subtitle D: Reports - (Sec. 331) Directs the Secretary to submit to such committees a comprehensive strategy for improving asset visibility tracking and in-transit visibility across DOD, together with the plans of the military departments for implementing such strategy. Requires a related CG assessment of such strategy and its implementation. (Sec. 332) Revises, generally, DOD quarterly reports to Congress regarding military personnel and unit readiness. (Sec. 333) Amends the Bob Stump National Defense Authorization Act for Fiscal Year 2003 to increase the threshold limits prior to a required report concerning DOD information technology capital assets. (Sec. 334) Amends the Hunter Act to require each annual military department report concerning corrosion control and prevention to: (1) provide a clear link between such department's program and the overarching goals and objectives of the long-term corrosion control and prevention strategy developed and implemented by DOD, and (2) include performance measures to ensure that such program is achieving the long-term DOD goals and objectives. Subtitle E: Limitations and Extension of Authority - (Sec. 341) Prohibits the obligation or expenditure of FY2014 DOD funds for the U.S. Special Operations Command National Capital Region until 30 days after the Secretary reports to the defense and appropriations committees on such Command. (Sec. 342) Prohibits FY2014 DOD O&M funds from being obligated or expended for the establishment of regional special operations coordination centers. Requires a report from the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict to the defense and appropriations committees on the establishment of such centers. (Sec. 343) Prohibits FY2014 DOD O&M funds from being obligated or expended to continue the Trans Regional Web Initiative. Subtitle F: Other Matters - (Sec. 351) States that it is U.S. policy that the Secretary shall take steps to reduce the separate development and fielding of service-specific combat and camouflage utility uniforms in order to collectively adopt and field the same such uniforms for use by all members of the Armed Forces (members) to the maximum extent possible. Prohibits each military service from adopting new designs for such uniforms, unless: (1) that uniform will be adopted by all military services; (2) that service adopts a uniform currently in use by another service; or (3) the Secretary grants an exception based on unique circumstances or requirements. Provides an exception to the prohibition with respect to personnel in support of the unified combatant command for special operations forces. Repeals an inconsistent policy under the NDAA for Fiscal Year 2010. (Sec. 352) Authorizes the Secretary to transfer specified O&M funds to the U.S. Postal Service for modernizing and improving the delivery of absentee ballots to military personnel serving outside the United States. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - (Sec. 401) Sets forth authorized end strengths for active-duty forces as of the end of FY2014. Subtitle B: Reserve Forces - (Sec. 411) Sets forth authorized end strengths as of the end of FY2014 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves. (Sec. 413) Sets forth minimum end strengths for FY2014 for Army and Air Force reserve dual status military technicians. (Sec. 414) Provides a FY2014 limitation on the number of non-dual status Army and Air National Guard and reserve military technicians. (Sec. 415) Sets forth the maximum number of reserve personnel authorized to be on active duty for operational support during FY2014. Subtitle C: Authorization of Appropriations - (Sec. 421) Authorizes appropriations for FY2014 for military personnel. Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy Generally - (Sec. 501) Authorizes the Secretary of a military department, upon determining that the number of commissioned officers with cyberspace-related experience or advanced education serving on active duty in that armed force is critically below the number needed, to credit any person receiving an original appointment into that armed force with special experience or training or advanced education in a cyberspace-related field if such experience or training is directly related to the operational needs. Limits such credit to one year for each year of such special experience, training, or education and three years of total credit. Terminates such credit authority at the end of 2018. Subtitle B: Reserve Component Management - (Sec. 506) Requires the Secretary of the military department concerned (Secretary concerned) to specify the number of officers that a selection board may recommend for early removal from the reserve active-status list and to submit a list that includes each officer in the same grade and competitive category in that zone of consideration, except for those officers who are approved for voluntary retirement or who will be involuntarily retired. (Sec. 507) Allows, through 2016, an officer of the Army or Air National Guard to be transferred from the active to the inactive Army or Air National Guard, and vice versa, while filling a vacancy in a federally recognized unit of such National Guard. (Sec. 508) Requires the Secretary's written approval for the cancellation of deployment of a unit of the reserves made within 180 days of the scheduled deployment when such cancellation is due to the deployment of an active-duty component to perform such mission. Directs the Secretary to notify the defense and appropriations committees and appropriate state governors of such cancellation. (Sec. 509) Requires (current law authorizes) the Secretary to use the National Guard to conduct the National Guard Youth Challenge Program. Directs the Chief of the National Guard Bureau to: (1) conduct such Program in such states as the Chief considers appropriate, (2) prescribe standards and procedures for selecting Program participants, and (3) report annually to Congress on the Program. Subtitle C: General Service Authorities - (Sec. 511) Includes as a prohibited personnel action under military whistleblower protection provisions a retaliatory action taken in response to communication with or to a representative of a Member of Congress, a court, grand jury, or court-martial proceeding, or an authorized official of the Department of Justice (DOJ) or another law enforcement agency. Includes as a retaliatory action a significant change in a member's duties or responsibilities not commensurate with the member's grade. Provides that neither an initial determination of whether a prohibited personnel retaliatory action was taken against a member for such a communication nor a subsequent investigation is required in the case of an allegation made more than 180 (under current law, 60) days after the member first becomes aware of the personnel action. Requires reports by inspectors general of the military departments concerning prohibited retaliatory personnel actions to be submitted to the Secretary concerned (under current law, to the Secretary of Defense). Requires any corrective action to occur within 30 days after the receipt of such report. Requires the Secretary of Homeland Security (with respect to the Coast Guard) and the Secretary concerned, when determining not to take a recommended corrective action, to notify the Secretary and the member of such determination and the reasons therefor. (Sec. 512) Amends the NDAA for Fiscal Year 2013 to provide an exception to the requirement that the Armed Forces accommodate individual expressions of belief of servicemembers when such an expression could have an adverse impact on military readiness, unit cohesion, and good order and discipline. (Sec. 513) Directs the DOD Inspector General to submit to the defense and appropriations committees: (1) an assessment of DOD compliance with requirements for protection of the rights of members and chaplains to their conscience, moral principles, and religious beliefs; and (2) the results of an investigation concerning adverse personnel actions against members based on such conscience, principles, or beliefs. Subtitle D: Member Education and Training - (Sec. 521) Authorizes the School of Advanced Military Studies senior-level course at the Army Command and General Staff College to offer joint professional military education phase II instruction and credit. (Sec. 522) Authorizes the Uniformed Services University of the Health Sciences to offer undergraduate degrees, certificates, and certifications (in addition to graduate degrees and certifications). Allows the Secretary to negotiate agreements with federal agencies to utilize existing federal medical resources in any area (under current law, only in or near the District of Columbia). (Sec. 523) Makes eligible for the Community College of the Air Force's associate degree program enlisted members of the Armed Forces other than the Air Force who are participating in joint-service medical training and education or serving as instructors in such training and education. (Sec. 524) Requires educational institutions participating in DOD educational assistance programs to enter into and comply with educational program participation requirements of the Higher Education Act of 1965 and to meet certain related standards. Authorizes the Secretary to waive such requirement in specified instances. (Sec. 525) Directs the department Secretaries to make information on civilian credentialing opportunities available to members beginning with, and at every stage of, their training for military occupational specialities in order to permit such members to: (1) evaluate the extent to which such training correlates with skills and training required for various civilian certifications and licenses, and (2) assess the suitability of such training for obtaining and pursuing such certifications and licenses. Requires the information made available to: (1) be consistent with the Transition Goals Plans Success program, and (2) include information on the civilian occupational equivalents of military occupational specialties. Requires such Secretaries to make available to civilian credentialing agencies specified information on the content of military training provided to members. (Sec. 526) Requires that the military occupational specialties designated under a pilot program on the receipt of civilian credentials under the NDAA for Fiscal Year 2012 include those specialties relating to the military information technology workforce. (Sec. 527) Expresses the sense of the Senate strongly urging the Secretary to: (1) ensure that the Troops-to-Teachers program is a priority for commitment to the higher education of members, and (2) provide funds for the program in order to help separating members and veterans who wish to transition into a teaching career. (Sec. 528) Reflects the name change of North Georgia College and State University (a senior military college) to the University of North Georgia. Subtitle E: Sexual Assault Prevention and Response and Military Justice Matters - Part I: Sexual Assault Prevention and Response - (Sec. 531) Prohibits any person convicted of rape or sexual assault, forcible sodomy, incest, or an attempt thereof from being processed for commissioning or being permitted to enlist in the Armed Forces. Repeals an inconsistent provision under the NDAA for Fiscal Year 2013. (Sec. 532) Authorizes the Secretary concerned to provide guidance for commanders regarding their authority to make a timely determination and take action regarding the temporary assignment or removal of a member serving on active duty who is alleged to have committed a sexual assault or other sex-related offense. (Sec. 533) Directs the Secretary concerned (under current law, the Secretaries of the military departments) to issue regulations to ensure the timely determination of a request for a permanent change of station or unit transfer by a member who is the victim of a sexual assault or related offense (thereby including the Coast Guard within such requirement). (Sec. 534) Requires inclusion in a member's personnel service record of a substantiated complaint of a sexual-related offense by such member. Requires commanding officer review of a member's history of substantiated sexual offenses upon the member's transfer to the new command. (Sec. 535) Amends the Skelton Act to provide additional duties for the Director of the Sexual Assault Prevention and Response Office within DOD, including: (1) providing guidance and assistance for the military departments in addressing matters relating to sexual assault prevention and response, (2) acting as liaison between DOD and other federal and state agencies on sexual assault prevention and response programs, and (3) overseeing development of program guidance and joint planning objectives in support of such program. Requires the Director to also collect and maintain data of the military departments concerning sexual assault prevention and response. (Sec. 536) Requires the Secretary to review the adequacy of the training, qualifications, and experience of each member and civilian DOD employee who is assigned a position that includes responsibility for sexual assault prevention and response within the Armed Forces. Includes in such review an assessment of the adequacy of the training and certifications required of sexual assault response coordinators and sexual assault victim advocates by the NDAA for Fiscal Year 2012. Requires the Secretary, upon a determination that any such member or employee does not have the necessary training, qualifications, or experience, to take appropriate responsive actions that include: (1) retraining or recertification, or (2) reassignment and replacement of the member or employee. Directs the Secretary, following the review required by this section, to prescribe in regulations: (1) appropriate minimum levels of training, qualifications, and experience for such personnel; and (2) requirements for improvements in training, including of sexual assault response coordinators and sexual assault victim advocates. Requires a report from the Secretary to the defense committees on actions taken under this section. (Sec. 537) Amends the NDAA for Fiscal Year 2012 to require the Secretary concerned to ensure that each member of the National Guard or reserves who is the victim of a sexual assault has access to a sexual assault response coordinator within two business days after requesting such assistance. (Sec. 538) Amends the NDAA for Fiscal Year 2013 to require sexual assault forms and records to be retained for at least 50 years. (Sec. 539) Directs each department Secretary to implement a program providing a Special Victims' Counsel to a member or member-dependent victim of a sexual assault committed by another member. Outlines Counsel qualifications and duties, including providing advice and assistance in connection with criminal and civil legal matters related to the assault. Allows such victim to receive Counsel assistance. Requires such victim to be informed of the availability of such assistance at the time the victim originally seeks assistance from a sexual response coordinator or sexual assault victim advocate, a military criminal investigator, a victim/witness liaison, a trial counsel, a health care provider, or any other personnel designated by the Secretary concerned. Makes such assistance available regardless of whether the victim elects unrestricted or restricted (confidential) reporting of the incident. (Sec. 540) Expresses the sense of Congress that: (1) commanding officers are responsible for establishing a command climate in which sexual assault allegations are properly managed and fairly evaluated and a victim can report criminal activity without fear of retaliation, (2) the failure of such officers to maintain such a climate is an appropriate basis for relief from their positions, and (3) senior officers should evaluate such performance in subordinate commanding officers during the regular periodic counseling and performance appraisal process. (Sec. 541) Requires a commanding officer who receives a report of a sexual-related offense involving a member in his or her chain of command to act immediately upon such report by way of referral to the appropriate criminal investigative organization or service. (Sec. 542) Requires the appropriate inspector general to investigate allegations of retaliatory personnel actions taken in response to making protected communications regarding alleged instances of rape, sexual assault, or other forms of sexual misconduct in violation of the UCMJ. (Sec. 543) Amends the NDAA for Fiscal Year 2013 to revise the termination date of a panel to review and assess sexual assault military response systems. Requires such panel to also assess: (1) the opportunities for clemency provided in the military and civilian systems; (2) the means by which identifying information of an alleged offender could be compiled in a database accessible only to appropriate investigative personnel; and (3) the effectiveness of sexual assault prevention and response provisions of this Act, provisions offered by senators of the Senate defense committee which were not adopted for this Act, provisions of this Act concerning judicial proceedings in connection with sexual assault, and judicial proceeding provisions offered by such senators which were not adopted. Requires the unadopted provisions to be transmitted to such panel. (Sec. 546) Amends such Act to require an independent panel established to review and assess judicial proceedings in connection with sexual assault cases to also assess the adequacy of the provision of compensation and restitution to such victims under the UCMJ and to recommend options for expanding such compensation and restitution. Part II: Related Military Justice Matters - (Sec. 551) Eliminates the five-year statute of limitations with respect to UCMJ actions for sexual assault and sexual assault of a child. (Sec. 552) Directs the Secretary to require the military department Secretaries to review decisions not to refer charges to trial by court-martial in cases where a specified sexual offense covered under the UCMJ has been alleged. Provides for the forwarding for review of cases not referred to court-martial following a staff judge advocate or convening authority decision not to so refer such charges. Requires the victim to be notified of the results of any such review. (Sec. 553) Requires that if a defense counsel in an action under the UCMJ wishes to interview a complaining witness, the interview request must be placed through trial counsel. Requires any such interview to take place in the presence of the trial counsel, the counsel for the witness, or outside counsel. (Sec. 554) Requires mandatory dismissal or dishonorable discharge of a person found guilty under the UCMJ of rape, sexual assault, forcible sodomy, or an attempt thereof. (Sec. 555) Limits the authority of a convening authority to modify the findings of a court-martial to those offenses for which the maximum sentence does not exceed one year and the sentence given by the court-martial does not include a punitive discharge or confinement for more than six months. Requires such authority to explain any such modification and requires the explanation to be made a part of the trial record. (Sec. 556) Allows a complaining witness to be given an opportunity to submit matters for consideration by the convening authority in the clemency phase of a court-martial. Requires such submission to be made within 10 days after the complaining witness is given a trial record. Allows such period to be extended by up to an additional 20 days for good cause shown. (Sec. 557) Directs the Secretary to submit to the defense committees recommendations for appropriate modifications to the UCMJ to prohibit sexual acts and contacts between military instructors and their trainees. (Sec. 558) Expresses the sense of the Senate, with regard to charges under the UCMJ of rape, sexual assault, forcible sodomy, or an attempt thereof, that: (1) such charge should be disposed of by court-martial rather than non-judicial punishment or administrative action, and (2) any charge that is disposed of by non-judicial punishment or administrative action should include a justification. (Sec. 559) Expresses the sense of the Senate that: (1) the Armed Forces should be sparing in discharging in lieu of court-martial members who have committed any of such offenses; (2) whenever possible, the victims should be consulted prior to a discharge determination; (3) commanding officers should consider the views of the victims when determining whether to discharge such members in lieu of court-martial; and (4) any such discharge should be characterized as "other than honorable." Part III: Other Military Justice and Legal Matters - (Sec. 561) Allows a former commissioned officer to be appointed as a judge on the U.S. Court of Appeals for the Armed Forces, but only after at least seven years after his or her active-duty service. (Sec. 562) Replaces the UCMJ offense of sodomy with the offenses of forcible sodomy and bestiality (thereby, in effect, repealing the offense of consensual sodomy). (Sec. 563) Directs the Secretary to prescribe regulations, or to require the department Secretaries to prescribe regulations, that prohibit retaliation against a victim or member who reports a criminal offense. Requires a report from the Secretary to Congress as to whether the UCMJ should be amended to prohibit such retaliation. (Sec. 564) Requires the Secretary to recommend to the President modifications to the Manual for Courts-Martial, and to prescribe other appropriate regulations, to enforce the rights of victims of military crimes and to ensure compliance with such rights by members and civilian DOD personnel. Provides specific rights for such victims under the UCMJ, including the right: (1) to be protected from the accused; (2) to reasonable, accurate, and timely notice of any public proceeding involving the offense; (3) to not be excluded from such proceeding (with an exception); (4) to confer with trial counsel; (5) to full and timely restitution; (6) to proceedings free from unreasonable delay; and (7) to be treated with fairness and respect for the victim's dignity and privacy. Provides for the assumption of such rights by a legal guardian, family member, or other designated person in the case of a victim who is under 18 years old, incompetent, incapacitated, or deceased. (Sec. 565) Requires the discussion pertaining to Rule 306 (relating to policy on initial disposition of offenses) of such Manual to be amended to strike the character and military service of the accused from factors to be considered by a commander in deciding how to dispose of an offense. Subtitle F: Defense Dependents' Education and Military Family Readiness Matters - (Sec. 571) Earmarks specified DOD O&M funds for: (1) assistance to local educational agencies that benefit a significant number of dependents of members and civilian DOD employees, and (2) the DOD payment of impact aid for children with severe disabilities, as provided under the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001. Subtitle G: Decorations and Awards - (Sec. 581) Authorizes, if warranted, the award to one individual of more than one Medal of Honor, Distinguished Service Cross, or Distinguished Service Medal. Changes the time limits for recommending (from two years to three years after the distinguished service) and awarding (from three years to five years after the date of the act justifying the award) any such medal to members of the Army and Air Force (thereby standardizing such limits for all military departments). (Sec. 582) Establishes in each military department and the Department of Homeland Security (DHS) the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll. Directs: (1) the Secretary concerned to enter and record on such Honor Roll each person who has been awarded a Medal of Honor, and (2) each person listed to be issued a certificate of enrollment. Entitles listed individuals to a special monthly pension of $1,000. Allows an individual to elect to decline such pension. (Sec. 583) Authorizes the Secretary of the Army to award the Distinguished Service Cross to: (1) Robert F. Keiser for acts of valor during the Korean War; and (2) Patrick N. Watkins, Jr., for acts of valor during the Vietnam War. Subtitle H: Other Matters - (Sec. 591) Requires the Deputy Assistant Secretary of Defense for Prisoner of War/Missing Personnel Affairs to coordinate periodic briefings for families of missing persons about DOD efforts to account for them. (Sec. 592) Requires the Secretary concerned to withhold from a missing person's personnel files, as privileged information, any survival, evasion, resistance, and escape debriefing report obtained under a promise of confidentiality made for the purpose of ensuring the fullest possible disclosure of information. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - (Sec. 601) Waives any FY2014 pay increases tied to increases in the General Schedule of Compensation for government employees. Increases by 1.0%, effective January 1, 2014, the rates of basic pay for military personnel. (Sec. 602) Repeals a provision limiting the commencement of basic pay for members of the National Guard called into service for 30 days or less to the date when the individual appears at the place of company rendezvous. (Sec. 603) Extends through 2014 DOD authority to provide a temporary increase in the rates of basic allowance for housing in areas impacted by a natural disaster or experiencing a sudden influx of military personnel. Subtitle B: Bonuses and Special and Incentive Pays - (Sec. 611) Extends through 2014 specified authorities currently scheduled to expire at the end of 2013 with respect to certain special pay and bonus programs within the regular and reserve Armed Forces. (Sec. 617) Authorizes the payment of a health professions stipend to a nurse enrolled in a critical specialty and eligible for appointment as a reserve officer in any reserve component. Subtitle C: Travel and Transportation Allowances - (Sec. 631) Makes technical and standardizing amendments to DOD travel and transportation provisions to conform with travel consolidation requirements provided under the NDAA for Fiscal Year 2012. Repeals superseded federal provisions. Subtitle D: Disability, Retired Pay, and Survivor Benefits - (Sec. 641) Prohibits the application of the military retired pay computation using the high-three years of pay to certain members who first entered into active duty on or after September 8, 1980, if such application will result in a lower retirement amount than a computation using final basic pay. (Sec. 642) Provides for the effect on the court-ordered division of military retired pay between a member and a former spouse in the case of a member election to receive combat-related special compensation after a previous election to receive concurrent retired pay and disability compensation. (Sec. 643) Allows for payment of a Survivor Benefit Plan annuity to a special needs trust established for the sole benefit of a dependent child who is incapable of self-support due to mental or physical incapacity. (Sec. 644) Directs the Secretary concerned to periodically notify members of the Ready Reserve of their current eligibility age for retirement pay, including the amount by which their eligibility retirement age (generally, 60) has been reduced by periods served after January 28, 2008, on active duty or in active federal status. (Sec. 645) Provides that in the case of an individual who is considered a permanently disabled retiree dependent on the date on which the retired member dies or becomes permanently incapacitated, no further certification as a retiree dependent shall be required. Subtitle E: Military Lending Matters - (Sec. 661) Provides for Attorney General enforcement of violations under the Military Lending Act. Authorizes the Attorney General to assess a civil penalty of up to $110,000 for a first violation, and up to $220,000 for any subsequent violation. Subtitle F: Other Matters - (Sec. 671) Authorizes DOD to provide certain expenses related to the recovery, care, and disposition of human remains retained by the Armed Forces Medical Examiner for forensic pathology investigation. (Sec. 672) Amends the NDAA for Fiscal Year 2006 to continue through 2015 any pilot program ongoing as of December 31, 2013, relating to the temporary Army authority to provide additional recruitment incentives. Title VII: Health Care Provisions - Subtitle B [sic]: Health Care Administration - (Sec. 711) Directs the Secretary to carry out a two-year pilot program to assess using commercially available enhanced recovery practices for medical payment collection to increase the amounts collected from third-party payers for health care services provided at military medical treatment facilities. (Sec. 712) Expresses the sense of the Senate that: (1) full electronic interoperability between the health records systems of DOD and the Department of Veterans Affairs (VA) has not been achieved; (2) the Secretary should fully staff the Interagency Program Office (IPO) and provide it with a robust charter meeting the original intent of Congress; (3) the Secretary should establish challenging but achievable deadlines for the development and implementation of measures and goals for such records; and (4) the IPO should establish a secure, remote, network-accessible computer storage system to allow members to upload and DOD and VA medical providers to access member health records. Subtitle C: Reports and Other Matters - (Sec. 721) Directs the DOD and VA Secretaries to jointly report to the defense and veterans committees on their plans to ensure that the most clinically appropriate prosthetics and orthotics are made available to injured members and veterans using all appropriate technological advances. Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Acquisition Policy and Management - (Sec. 801) Revises requirements with respect to multiyear defense procurement contracts equal to or greater than $500 million for a defense acquisition program that has been specifically authorized by law to require the Secretary to provide the initial findings on the contract's requirements (compiled by the appropriate defense agency head) at the same time as the request for such multiyear contract authority. Requires such findings to be certified by the Secretary at lease 30 days prior to contract award. (Sec. 802) Amends the NDAA for Fiscal Year 2010 to extend through 2015 DOD authority to acquire goods and services on a non-competitive basis from certain countries along a major supply route to Afghanistan. (Sec. 803) Directs the Secretary to submit to the defense and appropriations committees an updated version of the 2009 DOD report entitled "OSD Study of Program Manager Training and Experience." Identifies certain acquisition personnel to be covered in the report and outlines report requirements. Subtitle B: Provisions Relating to Major Defense Acquisition Programs - (Sec. 821) Requires a milestone decision authority, before Milestone B approval of a major defense acquisition program (MDAP), to certify that there is a plan to mitigate and account for costs in connection with any anticipated de-certification of cryptographic systems during MDAP production and procurement. (Sec. 822) Requires such authority, before Milestone B approval of a space system, to perform a business case analysis for any new or follow-on satellite system using a dedicated control system instead of a shared control system. Terminates such required analysis after December 31, 2019. (Sec. 823) Requires product support managers for major weapon systems to ensure that each product support arrangement for such system states explicitly how such arrangement will maximize the use of government-owned inventory before obtaining inventory from commercial sources. (Sec. 824) Directs the CG to: (1) review DOD processes and procedures for the acquisition of weapon systems, and (2) report review results to the defense and appropriations committees. Subtitle C: Amendments to General Contracting Authorities, Procedures, and Limitations - (Sec. 841) Reduces the cap on allowable compensation of defense contractor employees and allows for future cap adjustments based on changes in the Employment Cost Index for all employees. Includes medical professionals, cybersecurity experts, and others with unique areas of expertise within authorized exceptions to such cap (under current law, only scientists and engineers are excepted). Requires the Secretary to review alternative benchmarks and industry standards for compensation and provide review results to the defense and appropriations committees. (Sec. 842) Directs the Secretary to take specified actions in implementing certain CG recommendations in a January 2013 report entitled "Pension Costs on DOD Contracts," including assigning responsibility within DOD for oversight of the reasonableness of pension plans and issuing certain guidance on pension benefits. Subtitle D: Other Matters - (Sec. 861) Amends the NDAA for Fiscal Year 2012 to extend through 2016 DOD authority to void a contract being performed in the U.S. Central Command theater of operations upon determining that an entity or individual performing under the contract is engaged in, or supporting forces engaged in, hostilities against the United States or its coalition partners. (Sec. 862) Directs the Secretary to designate in each geographic combatant command an element to identify persons and entities that support a force in that area against which the United States is actively engaged in hostilities. Requires each such commander to be notified of the persons and entities identified, and to take specified responsive actions, including notifying appropriate contracting authorities. Directs the Secretary to revise the Department of Defense Supplement to the Federal Acquisition Regulation to: (1) authorize the head of a contracting activity to restrict, terminate, or void any contract, grant, or cooperative agreement in excess of $20,000 affected by the activities of identified persons and entities; and (2) require each contractor to exercise due diligence to ensure that DOD funds are not provided to such persons and entities. Requires combatant commanders to annually review the persons and entities so identified to determine whether they continue to warrant such identification. Directs the Secretary to report annually to the defense and appropriations committees on the use of the authorities provided in this section. (Sec. 863) Requires the Secretary to submit to specified congressional committees a DOD plan of action to eliminate improper payments. Title IX: Department of Defense Organization and Management - Subtitle A: Department of Defense Management - (Sec. 901) Establishes within DOD an Undersecretary of Defense for Management, who shall take over responsibilities of the current DOD Deputy Chief Management Officer, Performance Improvement Officer, and Chief Information Officer. Directs the Undersecretary to: (1) supervise the management of DOD business operations, (2) establish DOD business and strategic planning and performance management policies, and (3) establish business information technology portfolio policies and oversee investment management of that portfolio. Places such Undersecretary after the Under Secretary of Defense for Intelligence in precedence. (Sec. 902) Directs the Under Secretary of Defense for Acquisition, Technology, and Logistics (Under Secretary) to designate an official within such office to be responsible for providing oversight and direction to the Command Acquisition Executive of the U.S. Special Operations Command. Makes such Executive subject to the direction and control of the Under Secretary for certain acquisition programs having a high technology risk. (Sec. 903) Establishes within DOD the Council on Oversight of the National Leadership Command, Control, and Communications System, to be responsible for oversight of the command, control, and communications system for the national leadership of the United States, including nuclear command, control, and communications. Requires: (1) annual activities reports from the Council to the defense and appropriations committees, and (2) a one-time report from the Secretary to such committees on Council establishment, organization, and authorities. (Sec. 904) Transfers administration of the Ocean Research Advisory Panel from the Navy to the National Oceanic and Atmospheric Administration (NOAA). (Sec. 905) Directs the Secretary to develop a plan for streamlining DOD management headquarters by reducing the size of staffs, eliminating tiers of management, cutting functions that provide little or no added value, and consolidating overlapping and duplicative programs and offices. Provides a plan objective of reducing aggregate spending for such headquarters by at least $100 billion over a ten-year period beginning with FY2015. Requires an initial and status reports, for each of FY2016-FY2025, from the Secretary to Congress on such plan and its implementation and success. (Sec. 906) Requires the Chairman of the Joint Chiefs of Staff (JCS) to formulate policies for: (1) concept development and experimentation for the joint employment of the Armed Forces; and (2) gathering, developing, and disseminating joint lessons learned for the Armed Forces. (Sec. 907) Updates a reference to a major DOD headquarters activities instruction. Subtitle B: Space Activities - (Sec. 921) Limits the obligation or expenditure of specified FY2014 Air Force RDT&E funds until the Secretary submits to the defense and appropriations committees a copy of the study conducted on the counter space strategy of DOD that resulted in significant revisions to such strategy. Subtitle C: Intelligence-Related Matters - (Sec. 931) Directs the Secretary to submit to Congress an analysis comparing the cost, schedule, and performance of personnel security clearance investigations and reinvestigations for DOD employees and contractor personnel that are conducted by the Office of Personnel Management (OPM) with those conducted by DOD components. Requires the Secretary, upon determining that the current approach is not the most advantageous, to develop a plan for the transition of such investigations and reinvestigations to the preferred approach. Requires the Secretary and the Director of National Intelligence (DNI) to jointly: (1) develop and implement a strategy to continuously modernize all aspects of DOD personnel security with the objectives of lowering costs, increasing efficiencies, enabling and encouraging reciprocity, and improving security; and (2) ensure that the transition of personnel security clearances between and among DOD components, contractors, and contracts proceeds as rapidly and inexpensively as possible. (Sec. 932) Directs the Secretary to submit to the defense, appropriations, and intelligence committees an assessment of the savings and added effectiveness to be achieved in clandestine human intelligence collection by consolidating such operations in the National Clandestine Service of the Central Intelligence Agency (CIA) through the establishment of a military support division. Requires a report from DOD's Director of Cost Assessment and Program Evaluation to such committees assessing the implementation of the Defense Clandestine Service through FY2014. (Sec. 933) Directs the Secretary to modify the radar system to be deployed on the broad area maritime surveillance aircraft fleet of the Navy to provide a ground moving target indicator collection, processing, and dissemination capability comparable to the performance of such capability under the Global Hawk block 40 multi-platform radar technology insertion program of the Air Force. Requires the Secretary to designate the Navy surveillance fleet as a joint asset available to support operational requirements of the unified combatant commands. (Sec. 934) Directs the Secretary to: (1) develop and carry out a plan for the orderly transfer of the Air Force C-12 Liberty intelligence, surveillance, and reconnaissance aircraft to the Army and the U.S. Special Operations Command or one of its component commands; and (2) report on such plan to the defense, appropriations, and intelligence committees. Prohibits the Army from acquiring the enhanced medium altitude reconnaissance and surveillance system in FY2014. Subtitle D: Cyberspace-Related Matters - (Sec. 941) Directs the Secretary to determine whether the U.S. Cyber Command requires signals intelligence collection authorities to execute its missions in support of DOD, the other combatant commands, and the national cyber defense generally. Requires the Secretary, upon a positive determination, to delegate appropriate collection authorities to such Command. Directs the Secretary to: (1) adapt one or more existing cyber ranges to support the training and exercises of cyber units assigned to execute offensive military cyber operations, (2) designate a principal advisor on offensive military cyber forces, and (3) establish and maintain training capabilities and facilities to support the needs of the Armed Forces and the U.S. Cyber Command for personnel assigned to offensive and defensive cyber missions. Expresses the sense of Congress that the Secretary should fund and manage DOD personnel whose cyber operations responsibilities are primarily offensive in nature outside of the Military Intelligence Program and the Information Systems Security Program. (Sec. 942) Directs the Secretary to: (1) establish a DOD joint software assurance center, (2) issue a charter for the center, and (3) report to the defense and appropriations committees on center funding and management. (Sec. 943) Directs the Secretary to supervise the review, development, modification, and approval of requirements for cloud computing solutions and capabilities for intelligence data analysis and storage by the Armed Forces and defense agencies, as well as the acquisition of cloud computing systems and services to meet such requirements. Requires such activities to be integrated with the Intelligence Community Information Technology Enterprise in order to achieve interoperability, information sharing, and other efficiencies. (Sec. 944) Directs the Secretary to report to Congress on the status of the capability of each military department to operate in non-permissive and hostile cyber environments. (Sec. 945) Directs the Secretary, in developing the force structure to accomplish the cyber missions of DOD through the U.S. Cyber Command, to develop a strategy for integrating the reserve components of the Armed Forces into the total force to support such cyber missions. Outlines actions required during such development. Requires a report from the Secretary to the defense and appropriations committees on the strategy developed. (Sec. 946) Directs the President to establish an interagency process to provide for the establishment of an integrated policy to control the proliferation of cyber weapons through unilateral and cooperative export controls, law enforcement activities, financial means, diplomatic engagement, and other appropriate means. Requires the process established to develop recommendations on means for the control of the proliferation of such weapons. (Sec. 947) Directs the President to: (1) establish an interagency process to provide for the development of an integrated policy to deter adversaries in space, and (2) submit the policy developed to the defense and appropriations committees. (Sec. 948) Provides that the Centers of Academic Excellence for Information Assurance shall not lose certification as centers for academic excellence in FY2014 for failure to meet revised guidelines and criteria for such certification issued by the National Security Agency (NSA) if such Centers qualify for certification under the guidelines and standards as of September 30, 2013. Requires the President to: (1) determine whether information assurance warrants a national accreditation body or a direct government role is still required for such certification, and (2) submit to Congress a plan of action upon such a determination. Title X: General Provisions - Subtitle A: Financial Matters - (Sec. 1001) Authorizes the Secretary, in the national interest, to transfer up to $4 billion of the amounts made available to DOD in this Act between any such authorizations for that fiscal year, with limitations. Requires congressional notification of each transfer. (Sec. 1002) Directs the Secretary to establish the Department of Defense Readiness Restoration Fund to provide DOD with greater flexibility to transfer funds to high-priority readiness accounts when necessary to address significant shortfalls in funding for military training activities and the maintenance of military equipment. Terminates Fund transfer authority at the end of FY2014. Requires the Secretary to: (1) promptly notify the defense and appropriations of each such transfer; and (2) report annually, at the end of any fiscal year in which amounts are available in the Fund, on Fund operations. Subtitle B: Counter-Drug Activities - (Sec. 1011) Amends the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 to extend through FY2015 DOD authority to support a unified counter-drug and counterterrorism campaign in Colombia. (Sec. 1012) Amends the NDAA for Fiscal Year: (1) 2004 to extend through FY2015 the authority of a DOD joint task force to provide support to law enforcement agencies conducting counterterrorism activities, and (2) 1998 to extend through FY2018 DOD authority to support counter-drug activities of certain foreign governments. Subtitle C: Naval Vessels and Shipyards - (Sec. 1021) Amends provisions concerning the Secretary's annual naval vessel construction plan to require (current law permits) the plan to be designed so that the naval force structure provided for under the plan supports the most recent national security strategy submitted by the President. Requires the Secretary, if such plan does not result in such a force structure, to include with the defense budget materials submitted for that fiscal year an assessment of the risk to national security associated with the existing force structure. (Sec. 1022) Requires the Chief of Naval Operations to report to the defense and appropriations committees on current and anticipated requirements for combatant naval vessels over the next 30 years. (Sec. 1023) Amends the NDAA for Fiscal Year 2008 to repeal the requirement that the Navy build any new class of major surface combatant and amphibious assault ship with an integrated nuclear power system, unless it is determined to be impractical. (Sec. 1024) Eliminates the requirement that donated naval vessels be maintained in a condition satisfactory to the Navy and requires such vessels to be used as a museum or memorial for public display in the United States. Provides that the United States shall not be liable for any injury or damage to any person or property occurring on a donated vessel or responsible for vessel improvements, upgrades, or repairs. Subtitle D: Counterterrorism - (Sec. 1031) Authorizes the Secretary to transfer or release any individual detained at U.S. Naval Station Guantanamo Bay, Cuba (Guantanamo) to such individual's country of origin or another country if: (1) the Secretary determines that the individual is no longer a threat to national security, (2) such transfer or release is to effectuate an order by an appropriate U.S. court or tribunal, or (3) the individual has been tried in such a court or tribunal and has been acquitted or has completed the sentence under a conviction. Requires, as further determinations prior to such transfer, that: (1) actions have been planned or taken that will substantially mitigate the risk of such individual engaging or reengaging in any terrorist or hostile activity that threatens the United States, and (2) the transfer is in the U.S. national security interest. Outlines factors to be considered in making such determinations, including any confirmed cases of recidivism of individuals previously transferred to such country. Requires the Secretary, at least 30 days prior to such a transfer, to notify the defense, appropriations, and intelligence committees. Defines a detained individual as one located at Guantanamo as of October 1, 2009, who is not a U.S. citizen and is in the custody or control of DOD. Repeals superseded authorities. (Sec. 1032) Authorizes the Secretary to temporarily transfer any such individual to a DOD medical facility in the United States for emergency or critical medical treatment recommended by the Senior Medical Officer at Guantanamo. Allows such authority to be exercised only by the Secretary or a DOD official at the level of the Under Secretary of Defense or higher. Outlines transfer conditions, including prompt return to Guantanamo as soon as feasible. Allows no citizen status or rights to such individual while in the United States for such treatment. Requires the Secretary to notify the defense committees within five days after any such transfer. (Sec. 1033) Prohibits funds from this Act from being used during FY2014 for the transfer or release to or within the United States or its territories or possessions of Khalid Sheikh Mohammed or any other detainee who: (1) is not a U.S. citizen or member of the U.S. Armed Forces; and (2) is or was held on or after January 20, 2009, at Guantanamo by DOD. Authorizes the Secretary to transfer a detainee to the United States for detention and trial in appropriate circumstances, after notifying Congress. (Sec. 1034) Allows military commissions to include alternate members to replace primary members who are excused from service by challenge, for health reasons, or for other good cause shown. Allows a military judge to grant additional peremptory challenges as required in the interests of justice. Subtitle E: Nuclear Forces - (Sec. 1041) Repeals responsibilities of the Nuclear Weapons Council with respect to nuclear command, control, and communications. Requires the Council to report to the defense and appropriations committees on joint DOD-Department of Energy (DOE) special nuclear material protection activities. (Sec. 1042) Amends the NDAA for Fiscal Year 2012 to extend the due date for an annual DOD-DOE plan for the nuclear weapons stockpile, complex, delivery systems, and command and control system until up to 60 days after the submission of defense budget materials for each of FY2015-FY2019. Requires DOD and DOE to notify and brief the defense and appropriations committees if such deadline is not met. (Sec. 1043) Directs the Secretary to estimate the costs of life extension activities for specified deployed and hedge missile warheads and to submit such estimate to the defense and appropriations committees by February 1, 2014. Requires the Secretary to compare the cost of using such warheads to the cost of replacing them with an interoperable warhead and to submit such comparison by April 1, 2014. Prohibits DOD funds from being used for an interoperable warhead until the submission of such comparison. (Sec. 1044) States that it is the policy of the United States to modernize or replace the triad (land, sea, and air) of strategic nuclear delivery systems, to proceed with a robust stockpile stewardship program, and to maintain and modernize U.S. nuclear weapons production capabilities. Expresses the sense of Congress: (1) in support of appropriate resources to achieve such objectives and of such modernization or replacement; and (2) that the President and Congress should work together to meet such objectives in the most cost-efficient manner possible. (Sec. 1045) Authorizes the Secretary to: (1) retain intercontinental ballistic missile (ICBM) launch facilities currently supporting deployed strategic nuclear delivery vehicles within the limit of 800 deployed and non-deployed launchers, (2) maintain ICBMs on alert or operationally deployed status, and (3) preserve ICBM silos in operational or warm status. Requires a report from the Secretary to the defense and appropriations committees on the feasibility and advisability of such preservation. Subtitle F: Miscellaneous Authorities and Limitations - (Sec. 1051) Directs the Secretary to develop within one year and update at least every five years a strategy on the availability and use of the electromagnetic spectrum to meet U.S. national security requirements. (Sec. 1052) Amends the NDAA for Fiscal Year 2000 to require the Secretary to ensure that DOD has adequate representation to convey its views in any dispute resolution process involving the surrender of DOD bands of electromagnetic frequencies. (Sec. 1053) Expresses the sense of the Senate that state courts should not consider a military deployment as the sole factor in determining child custody in a proceeding involving a parent who is a member of the Armed Forces. Subtitle G: Studies and Reports - (Sec. 1061) Repeals or modifies various obsolete or unnecessary reports and report requirements under federal armed forces provisions and prior national defense authorization Acts. (Sec. 1062) Directs the Secretary to submit to the defense and appropriations committees: (1) DOD plans for the Mine Resistant Ambush Protected vehicle fleet, and (2) an assessment of the current DOD approach for managing foreign language support contracts. (Sec. 1064) Requires: (1) the Secretary of the Air Force to report to such committees on the Civil Air Patrol fleet, and (2) the Chief of Staff of the Air Force to report to such committees on the Eagle Vision system. Subtitle H: Other Matters - (Sec. 1081) Amends the NDAA for Fiscal Year 2012 to extend through FY2019 a program of assigning civilian DOD employees as advisors to the ministries of defense of friendly foreign countries. Requires the Under Secretary of Defense for Policy to issue an update of the DOD policy concerning such assignments. Extends related annual report requirements. Extends by one year the requirement for submission of a CG report on such assignments. Title XI: Civilian Personnel Matters - (Sec. 1101) Extends through FY2018: (1) a voluntary reduction-in-force authority with respect to DOD civilian employees, and (2) the authority to make lump-sum severance payments to certain DOD civilian employees. (Sec. 1103) Includes threatening to take an adverse personnel action within prohibited actions under whistleblower protections for nonappropriated fund instrumentality employees (thus affording them the same protections provided to military personnel under military whistleblower provisions). (Sec. 1104) Extends through 2020 DOD enhanced authority for the recruitment, appointment, and retention of health care personnel for the care and treatment of wounded or injured members. Repeals an obsolete strategy requirement. (Sec. 1105) Removes specific costs under the financial assistance authorized to be provided under the science, mathematics, and research for transformation (SMART) defense education program (thereby allowing the Secretary flexibility in determining the appropriate amount of such assistance). (Sec. 1106) Includes the Defense Institute for Security Assistance Management and the Joint Special Operations University among the DOD schools at which the Secretary is authorized to employ civilian faculty. (Sec. 1107) Provides the Secretary with direct appointment authority at DOD research and engineering facilities in the case of qualified candidates possessing a bachelor's degree or qualified veterans. Provides appointment limits. Terminates such appointment authority at the end of 2019. (Sec. 1108) Replaces a reference to the Army and Air Force Motion Picture Service and the Navy Ship's Stores Ashore for purposes of certain civil service laws with a reference to the Navy Ship Stores Program. Title XII: Matters Relating to Foreign Nations - Subtitle A: Assistance and Training - (Sec. 1201) Amends the NDAA for Fiscal Year 2006 concerning a DOD program to build the counterterrorism or support capacity of certain friendly foreign military forces to: (1) remove annual funding limits, and (2) extend such authority through FY2018. Requires a report from the Secretary to the defense and appropriations committees on the scope of counterterrorism operations for which such assistance is authorized. (Sec. 1202) Amends the NDAA for Fiscal Year 2012 to repeal certain transitional authorities and assistance limits under the Global Security Contingency Fund. (Sec. 1203) Allows U.S. general purpose forces to train with the military or security forces of a friendly foreign country if the Secretary determines that such training is in the national security interest. Authorizes DOD payment of incremental expenses incurred by a foreign country in connection with such training, with a fiscal year limit of $15 million. Requires reports from the Secretary to the defense committees after any year in which such training is conducted. Terminates such authority at the end of FY2018. (Sec. 1204) Directs the Secretary to develop and report to the defense and foreign relations committees on a strategic framework for U.S. counterterrorism assistance and cooperation in the Sahel region of Africa, including for programs conducted under the Trans-Sahara Counter Terrorism Partnership, Operation Enduring Freedom-Trans Sahara, and related security assistance authorities. (Sec. 1205) Authorizes the Secretary, if it is determined to be in the national interest, to furnish assistance to the armed forces of Jordan to support their ability to maintain security along the Jordan-Syria border. Provides funding limits. Requires the Secretary to notify the defense and appropriations committees at least 15 days in advance of providing such assistance. Terminates assistance authority at the end of 2014. (Sec. 1206) Authorizes the Secretary, with the concurrence of the Secretary of State, to provide assistance to the military and civilian first responders of a foreign country in responding to incidents involving weapons of mass destruction. (Sec. 1207) Authorize the Secretary to provide logistic support, supplies and services, and intelligence support to foreign forces participating in operations to mitigate and eliminate the threat posed by the Lord's Resistance Army. Provides funding. Requires 15 days' prior notification to the defense, appropriations, and foreign relations committees. Terminates such authority at the end of Operation Observant Compass. Repeals superseded authority. Subtitle B: Matters Relating to Afghanistan, Pakistan, and Iraq - (Sec. 1211) Amends the NDAA for Fiscal Year 2012 to extend through FY2014 the Commander's Emergency Response Program (urgent humanitarian and reconstruction relief) in Afghanistan. Reduces the FY2014 funding for such Program. Replaces required quarterly briefings with a one-time report from the Secretary to Congress on lessons learned and best practices from the execution of such Program in Iraq and Afghanistan. (Sec. 1212) Amends such Act to extend through FY2014 DOD authority to support operations of the Office of Security Cooperation in Iraq. Provides an FY2014 funding limit. Allows such Office's training to include elements that promote observance of and respect for human rights and fundamental freedoms, military professionalism, and respect for legitimate civilian authority within Iraq. Requires additional updates to a report on Office activities. (Sec. 1213) Amends the Skelton Act to extend through FY2014, at a reduced rate, DOD assistance for former insurgent reintegration activities in Afghanistan. Extends report requirements. (Sec. 1214) Amends such Act to extend through FY2014, with a funding limit, a DOD program to develop and carry out infrastructure projects in Afghanistan. Requires the Secretary to submit to the defense and appropriations committees a plan for the transition to the government of Afghanistan, or a utility entity owned by Afghanistan, of the management of projects funded under this section. Requires such transition to be completed by the end of 2014. (Sec. 1215) Amends the NDAA for Fiscal Year 2008 to extend through FY2014 the authority for reimbursement of certain coalition countries for logistical and military support provided in connection with U.S. military operations in Operations Iraqi Freedom and Enduring Freedom. Reduces FY2014 reimbursement funding. Extends through FY2014 notification and reimbursement limitation requirements applicable to such support provided by Pakistan. (Sec. 1216) Amends such Act to extend through FY2014 DOD authority to provide logistical support for coalition forces supporting U.S. military operations. (Sec. 1217) Amends the Refugee Crisis in Iraq Act of 2007 to direct the Secretaries of State and Homeland Security to improve the efficiency by which Iraqi special immigrant visa applications are processed so that all steps for the issuance of such visas are completed within nine months after the application is submitted. Revises Iraqi special immigrant eligibility requirements to include employment for at least one year with the U.S. government, a media or nongovernmental organization headquartered in the United States, or an organization or entity closely associated with the U.S. mission in Iraq that has received U.S. funding. Provides a review process for applicants denied Chief of Mission approval. Allows the carry-forward through FY2014 of any unused balance of authorized visas from FY2008-FY2013. Requires: (1) a one-time report from such Secretaries to the judiciary and foreign relations committees on visa efficiency improvements implemented, and (2) quarterly reports on a Department of State website describing such improvements. (Sec. 1218) Amends the Afghan Allies Protection Act of 2009 to include the same employment eligibility requirements with respect to applicants for the Afghan special immigrant visa. Includes certain family members in the visa program. Provides a similar review process for applicants denied Chief of Mission approval. Provides an FY2014 limit on the number of granted visas. Directs the Secretaries of State and Homeland Security to carry out the same application processing improvements with respect to Afghan special immigrant visas by the same deadline. Requires the same one-time and quarterly reports with respect to the implementation of efficiency improvements to the Afghan special immigrant visa process. (Sec. 1219) Expresses the sense of Congress that DOD should seek not to commence any new long-term nation building or large-scale infrastructure development project in Afghanistan after 2014. Subtitle C: Reports and Other Matters - (Sec. 1231) Amends the Hunter Act to extend through FY2015 the nonconventional assisted recovery program for certain DOD, federal government, and other designated personnel supporting U.S. national interests in isolated areas. (Sec. 1232) Amends the NDAA for Fiscal Year 2000 to include certain additional information in a required report on military and security developments involving the People's Republic of China. (Sec. 1233) Prohibits any post-FY2013 DOD funds from being used to make a contract, grant, or cooperative agreement with, or provide a loan or loan guarantee to, Rosoboronexport. Authorizes a waiver by the Secretary in the national security interest and requires 30 days' prior notification to Congress of the obligation of funds for such purpose. Requires a report to Congress if such waiver is exercised. (Sec. 1234) Corrects certain statutory references to former NATO support organizations and related agreements under federal armed forces provisions and the Arms Export Control Act. (Sec. 1236) Directs the President to: (1) establish a comprehensive strategy to advance cooperative efforts with the governments of countries in the Middle East and North Africa to reduce the threat from the proliferation of weapons of mass destruction and related materials in such regions, and (2) submit to the defense and foreign relations committees a plan for the implementation of the strategy. Title XIII: Cooperative Threat Reduction - (Sec. 1301) Specifies the cooperative threat reduction (CTR) programs to be funded through O&M funds provided under this Act. Makes funds appropriated for such purpose available for three fiscal years. Allocates such funds among specified CTR programs. Prohibits FY2014 CTR funds from being used for purposes other than those specified until 15 days after the Secretary reports to Congress on the new purposes. Provides limited authority to vary allocated amounts in the national interest, after congressional notification. (Sec. 1303) Amends the NDAA for Fiscal Year 2010 to extend through 2018 DOD authority to accept certain contributions for CTR activities. Title XIV: Other Authorizations - Subtitle A: Military Programs - (Sec. 1401) Authorizes appropriations to DOD for FY2014 for: (1) Defense Working Capital Funds, (2) the National Defense Sealift Fund, (3) chemical agents and munitions destruction, (4) drug interdiction and counter-drug activities, (5) the Defense Inspector General, and (6) the Defense Health Program. Subtitle B: Other Matters - (Sec. 1421) Authorizes appropriations for FY2014 for the Armed Forces Retirement Home and for Army cemeterial expenses. (Sec. 1422) Earmarks specified funds for transfer from the Defense Health Program to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for operations at the Captain James A. Lovell Federal Health Care Center, Illinois, under an operational agreement outlined in the Hunter Act. Title XV: Authorization of Additional Appropriations for Overseas Contingency Operations - Subtitle A: Authorization of Additional Appropriations - (Sec. 1502) Authorizes appropriations for DOD for FY2014 to provide additional funds for overseas contingency operations for: (1) procurement, (2) RDT&E, (3) O&M, (4) military personnel, (5) Defense Working Capital Funds, (6) the National Defense Sealift Fund, (7) chemical agents and munitions destruction, (8) drug interdiction and counterdrug activities, (9) the Defense Inspector General, and (10) the Defense Health Program. Subtitle B: Financial Matters - (Sec. 1522) Authorizes the Secretary, in the national interest, to transfer up to $4 billion of the amounts made available to DOD in this title between any such authorizations for that fiscal year. Subtitle C: Other Matters - (Sec. 1531) Requires funds authorized for the Joint Improvised Explosive Device Defeat Fund to be subject to fund use and transfer conditions outlined in the Warner Act. Requires FY2014 monthly Fund expenditure reports from the Secretary to the defense and appropriations committees. Terminates this section at the end of 2014. (Sec. 1532) Requires funds authorized for the Afghanistan Security Forces Fund to be subject to fund use, notification, and reporting requirements outlined in the NDAA for Fiscal Year 2008. Provides for military equipment acceptance and disposal. Requires semiannual reports from the Secretary to the defense and appropriations on the equipment accepted. (Sec. 1533) Amends the Skelton Act to extend through FY2014 the authority of, and authorization of appropriations for, the Task Force for Business and Stability Operations in Afghanistan. Provides FY2014 funding. Prohibits the availability of FY2014 funds for developing the mining and oil and gas sectors until the Secretary certifies to the defense committees that Afghanistan has agreed to reimburse the United States for any amount expended from royalties received from mining or oil and gas contracts awarded by the government of Afghanistan. Changes how frequently a report on the implementation of a Task Force transition action plan is required from quarterly to semiannually. Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 2014 - (Sec. 2002) Terminates all authorizations contained in Titles XXI through XXVII of this Act on October 1, 2016, or the date of enactment of an Act authorizing funds for military construction for FY2017, whichever is later, with an exception. Title XXI [sic]: Army Military Construction - (Sec. 2101) Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes such Secretary to construct or acquire family housing units and carry out architectural planning and design activities in specified amounts. Authorizes appropriations to the Army for fiscal years after 2013 for military construction, land acquisition, and military family housing functions of the Army. (Sec. 2104) Modifies certain prior-year military construction projects. (Sec. 2107) Extends certain prior-year military construction projects. Title XXII: Navy Military Construction - (Sec. 2201) Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title. (Sec. 2205) Modifies certain prior-year military construction projects. (Sec. 2207) Extends certain prior-year military construction projects. Title XXIII: Air Force Military Construction - (Sec. 2301) Provides, with respect to the Air Force, authorizations paralleling those provided for the Army under Title XXI. (Sec. 2305) Extends a certain prior-year military construction project. Title XXIV: Defense Agencies Military Construction - Subtitle A: Defense Agency Authorizations - (Sec. 2401) Authorizes the Secretary to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out energy conservation projects in a specified amount. Authorizes appropriations for fiscal years after 2013 for military construction, land acquisition, and military family housing functions of DOD. Subtitle B: Chemical Demilitarization Authorizations - (Sec. 2411) Authorizes appropriations for fiscal years after 2013 for military construction and land acquisition for chemical demilitarization for the construction of phase 14 of a munitions demilitarization facility at Blue Grass Army Depot, Kentucky. Title XXV: North Atlantic Treaty Organization Security Investment Program - (Sec. 2501) Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 2013 for such Program. Title XXVI: Guard and Reserve Forces Facilities - Subtitle A: Project Authorizations and Authorization of Appropriations - (Sec. 2601) Authorizes the Secretary concerned to acquire real property and carry out military construction projects for the National Guard and reserves. (Sec. 2606) Authorizes appropriations for fiscal years after 2013 for National Guard and reserve forces for acquisition, architectural and engineering services, and construction of facilities. Subtitle B: Other Matters - (Sec. 2611) Modifies a certain prior-year military construction project. (Sec. 2612) Extends certain prior-year National Guard and reserve military construction projects. Title XXVII: Base Realignment and Closure Activities - (Sec. 2701) Authorizes appropriations for fiscal years after 2013 for military base closure and realignment activities authorized under the Defense Base Closure and Realignment Act of 1990 and funded through the Department of Defense Base Closure Account 1990. (Sec. 2702) Prohibits any future base closure and realignment round for military installations within the United States and its territories and possessions until DOD has completed and submitted to Congress a formal review of the overseas military facility structure, an assessment of the need for bases to support overseas contingency operations, and the Strategic Choices and Management Review. (Sec. 2703) Requires the Deputy Under Secretary of Defense for Installations and Environment to report to the defense and appropriations committees on the 2005 base closure and realignment joint basing initiative. Title XXVIII: Military Construction General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - (Sec. 2801) Extends to future construction projects funded through in-kind payments under bilateral agreements with partner countries the requirement that such projects be submitted for congressional authorization. (Sec. 2802) Amends the Military Construction Authorization Act (MCAA) for Fiscal Year 2004 to extend through 2014 the temporary, limited authority to use O&M funds for certain contingency construction projects in the U.S. Africa Command area of responsibility. Revises the countries in which such authority may be used. Extends related report requirements. Subtitle B: Real Property and Facilities Administration - (Sec. 2811) Authorizes the Secretary to use proceeds from the lease of non-excess real or personal property to cover administrative expenses associated with such leases and easements. (Sec. 2812) Allows the Secretary concerned, beginning in FY2014, to credit payments received for DOD-provided utilities and services to the appropriation or working capital account currently available for furnishing such utilities and services. (Sec. 2813) Requires the Secretary concerned, prior to conveying all or part of a DOD utility system to another utility company, to obtain an independent estimate of the level of investment required to maintain adequate operation of that system over the term of the conveyance. (Sec. 2814) Authorizes the Secretary of the Navy to acquire certain real property and improvements at Naval Base Ventura County, California, for the long-term lease of transient and unaccompanied family housing. Subtitle C: Provisions Related to Asia-Pacific Military Realignment - (Sec. 2821) Prohibits funds under this Act or certain assistance amounts provided by Japan from being used to implement the realignment of Marine Corps forces from Okinawa to Guam or Hawaii until specified actions occur, including submission to the defense and appropriations committees of certain realignment-related plans and assessments. Prohibits the Secretary from carrying out any grant, cooperative agreement, transfer of funds, or supplement of funds available in FY2014 under federal programs administered by agencies other than DOD that the Secretary determines will result in the development of public infrastructure on Guam unless such grant, transfer, agreement, or funding is specifically authorized by law. Provides exceptions. (Sec. 2822) Amends the MCAA for Fiscal Year 2010 to require the annual report of the Interagency Coordination Group of Inspectors General for Guam Realignment to cover activities during the preceding fiscal (currently, calendar) year. Subtitle D: Land Conveyances - (Sec. 2831) Authorizes the Secretary of the Navy to convey to the Hale Keiki School all U.S. rights and interests to certain real property at the Joint Base Pearl Harbor-Hickam, Hawaii. (Sec. 2832) Authorizes the Secretary to convey all U.S. rights and interests to the Mt. Soledad Veterans Memorial, California. Subtitle E: Other Matters - (Sec. 2841) Redesignates the Asia-Pacific Center for Security Studies as the Daniel K. Inouye Asia-Pacific Center for Security Studies. Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI[sic]: Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - (Sec. 3101) Authorizes appropriations for DOE for FY2014 for: (1) activities of the National Nuclear Security Administration (NNSA) in carrying out programs necessary for national security; and (2) new plant projects in carrying out such programs, with specified allocations for defense environmental cleanup and other defense activities. Subtitle B: Program Authorizations, Restrictions, and Limitations - (Sec. 3111) Amends the National Nuclear Security Administration Act to establish within the NNSA a Director for Cost Estimating and Program Evaluation to communicate with the NNSA Administrator, the Secretary of Energy, and the Deputy Secretary of Energy with respect to NNSA cost estimation and program evaluation. Establishes two deputy directors. Requires the Director to submit cost estimate and program evaluation reports to the Administrator, who shall forward such reports to the defense and appropriations committees. Requires the Director to submit to Congress: (1) a report on any major programmatic deviations from the future-years nuclear security program discovered in conducting estimate and evaluation reviews, and (2) annual reports on budget formulation and related assessments. Requires the CG to brief Congress with respect to the Director's annual reports and to provide recommendations for improving the Director's ability to perform required functions. Directs the Administrator to submit to the defense and appropriations committees a plan for the implementation of this section. (Sec. 3112) Amends the Atomic Energy Defense Act to direct the Administrator to develop and report to the defense and appropriations committees on a plan for improving and integrating the financial management of the nuclear security enterprise. Requires the plan to be implemented within four years after the enactment of this Act. Directs the CG to review and report to such committees on plan implementation. (Sec. 3113) Directs the Energy Secretary, in 2014 and biennially thereafter, to: (1) review the security measures of DOE national security laboratories, nuclear production facilities, and the defense nuclear facilities at which defense environmental cleanup activities are occurring; and (2) certify to the defense and appropriations committees whether such measures protect special nuclear material and meet DOE standards for the protection of such facilities and their surrounding infrastructure. Requires: (1) the development and implementation of a new plan for laboratories and facilities that do not meet such standards, and (2) the DOE Inspector General to assess the adequacy and effectiveness of each new plan developed. (Sec. 3114) Directs the Administrator to develop and carry out a plan to incorporate exascale computing (computing near or above 10 to the 18th power floating point operations per second) into the DOE stockpile stewardship program during the 20-year period beginning on the date of enactment of this Act. Requires biennial reports to Congress on such plan. (Sec. 3115) Requires the Administrator to include in a plan required under the Atomic Energy Defense Act a strategy for the integrated management of plutonium for stockpile and stockpile stewardship needs over a 20-year period. Directs the Administrator to enter into an arrangement with the National Academy of Sciences (NAS) to review such plan. (Sec. 3116) Amends the NDAA for Fiscal Year 2013 to allow the Administrator to implement, in lieu of the replacement project for the chemistry and metallurgy research building at Los Alamos National Laboratory, New Mexico, a modular building strategy, as long as such strategy meets requirements for maintaining the nuclear weapons stockpile over a 30-year period. (Sec. 3117) Increases from $600,000 to $1.2 million the NNSA major capital construction design threshold. (Sec. 3118) Requires cost estimates concerning DOE life extension programs and new nuclear facilities to be submitted in unclassified form, while allowing for a classified annex if necessary. Subtitle C: Reports - (Sec. 3121) Requires the Administrator to: (1) enter into an arrangement with the NAS to conduct an assessment of existing and future nuclear nonproliferation programs, and (2) report assessment results to the defense and appropriations committees. (Sec. 3122) Amends the NDAA for Fiscal Year 2013 to allow the CG discretion in submitting reviews of NNSA reports concerning cost-benefit analyses for the competition of management and operating contracts (under current law, the CG must submit such reviews 90 days after each report). (Sec. 3123) Revises the deadline for reports concerning the DOE program on scientific engagement for global nuclear nonproliferation. (Sec. 3124) Provides the same CG discretion with respect to reports on phases of execution for the uranium capabilities replacement project at the Y-12 National Security Complex, Oak Ridge, Tennessee. (Sec. 3125) Extends the date of an interim report of the Congressional Advisory Panel on the Governance of the Nuclear Security Enterprise. Subtitle D: Technical Corrections - (Sec. 3131) Makes technical corrections to the National Nuclear Security Administration Act and the Atomic Energy Defense Act. Title XXXII: Defense Nuclear Facilities Safety Board - (Sec. 3201) Authorizes appropriations for FY2014 for the Defense Nuclear Facilities Safety Board. Title XXXV[sic]: Maritime Administration - (Sec. 3501) Revises, generally, provisions relating to the establishment and administration of, and authorization of appropriations for, the Maritime Administration. Division D: Funding Tables - (Sec. 4001) Provides that whenever a funding table in this Division specifies a dollar amount for a program, project, or activity, the obligation or expenditure of that amount is hereby authorized, subject to the availability of appropriations. Requires decisions by agency heads to commit, obligate, or expend funds with or to a specific entity on the basis of an authorized dollar amount to be based on merit-based selection procedures in accordance with federal requirements and other applicable provisions of law. Allows amounts specified in the funding tables in this Division to be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. Prohibits any oral or written communication concerning an amount specified in the funding tables from superseding the requirements of this section. Title XLI [sic ]: Procurement - (Sec. 4101) Sets forth authorized FY2014 funding levels with respect to procurement. Title XLII: Research, Development, Test, and Evaluation - (Sec. 4201) Sets forth authorized funding levels with respect to RDT&E. Title XLIII: Operation and Maintenance - (Sec. 4301) Sets forth authorized funding levels for O&M. Title XLIV: Military Personnel - (Sec. 4401) Sets forth authorized funding levels for military personnel. Title XLV: Other Authorizations - (Sec. 4501) Sets forth authorized funding levels for other authorizations. Title XLVI: Military Construction - (Sec. 4601) Sets forth authorized funding levels for military construction. Title XLVII: Department of Energy National Security Programs - (Sec. 4701) Sets forth authorized funding levels for DOE national security programs.

To authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes. 1. Short title This Act may be cited as the National Defense Authorization Act for Fiscal Year 2014 2. Organization of Act into divisions; table of contents (a) Divisions This Act is organized into four divisions as follows: (1) Division A–Department of Defense Authorizations. (2) Division B–Military Construction Authorizations. (3) Division C–Department of Energy National Security Authorizations and Other Authorizations. (4) Division D–Funding Tables. (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Organization of Act into divisions; table of contents. Sec. 3. Congressional defense committees. Sec. 4. Budgetary effects of this Act. DIVISION A—Department of Defense Authorizations TITLE I—Procurement Subtitle A—Authorization of Appropriations Sec. 101. Authorization of appropriations. Subtitle C—Navy Programs Sec. 121. Multiyear procurement authority for E–2D aircraft. Sec. 122. CVN–78 class aircraft carrier program. Sec. 123. Repeal of requirements relating to procurement of future surface combatants. Sec. 124. Modification of requirements to sustain Navy airborne intelligence, surveillance, and reconnaissance capabilities. Sec. 125. Littoral Combat Ship. Subtitle D—Air Force Programs Sec. 131. Tactical airlift fleet of the Air Force. Sec. 132. Modification of limitations on retirement of B–52 bomber aircraft. Sec. 133. Repeal of requirement for maintenance of certain retired KC–135E aircraft. Sec. 134. Prohibition of procurement of unnecessary C–27J aircraft by the Air Force. Subtitle E—Joint and Multiservice Matters Sec. 151. Multiyear procurement authority for C–130J aircraft. Sec. 152. Sense of Senate on the United States helicopter industrial base. TITLE II—Research, Development, Test, and Evaluation Subtitle A—Authorization of Appropriations Sec. 201. Authorization of appropriations. Subtitle B—Program Requirements, Restrictions, and Limitations Sec. 211. Conventional Prompt Global Strike program. Sec. 212. Modification of requirements on biennial strategic plan for the Defense Advanced Research Projects Agency. Sec. 213. Extension of authority for program to award prizes for advanced technology achievements. Sec. 214. Five-year extension of pilot program to include technology protection features during research and development of certain defense systems. Sec. 215. Extension of mechanisms to provide funds for defense laboratories for research and development of technologies for military missions. Sec. 216. Sustainment or replacement of Blue Devil Intelligence, Surveillance, and Reconnaissance System. Subtitle C—Missile Defense Programs Sec. 231. Homeland ballistic missile defense. Sec. 232. Regional ballistic missile defense. Sec. 233. Missile defense cooperation with Russia. Sec. 234. Additional missile defense radar for the protection of the United States homeland. Sec. 235. Evaluation of options for future ballistic missile defense sensor architectures. Sec. 236. Prohibition on the use of funds for the MEADS program. Subtitle D—Reports and Other Matters Sec. 251. Annual Comptroller General of the United States report on the acquisition program for the VXX Presidential Helicopter. TITLE III—Operation and Maintenance Subtitle A—Authorization of appropriations Sec. 301. Operation and maintenance funding. Subtitle B—Logistics and sustainment Sec. 311. Sustainment of critical manufacturing capabilities within Army arsenals. Sec. 312. Strategic policy for prepositioned materiel and equipment. Sec. 313. Extension and modification of authority for airlift transportation at Department of Defense rates for non-Department of Defense Federal cargoes. Subtitle C—Readiness Sec. 321. Modification of authorities on prioritization of funds for equipment readiness and strategic capability. Sec. 322. Strategic policy for the retrograde, reconstitution, and replacement of operating forces used to support overseas contingency operations. Subtitle D—Reports Sec. 331. Strategy for improving asset visibility and in-transit visibility. Sec. 332. Changes to quarterly reports on personnel and unit readiness. Sec. 333. Revision to requirement for annual submission of information regarding information technology capital assets. Sec. 334. Modification of annual corrosion control and prevention reporting requirements. Subtitle E—Limitations and extension of authority Sec. 341. Limitation on funding for United States Special Operations Command National Capital Region. Sec. 342. Limitation on funding for Regional Special Operations Coordination Centers. Sec. 343. Limitation on availability of funds for Trans Regional Web Initiative (TRWI). Subtitle F—Other matters Sec. 351. Revised policy on ground combat and camouflage utility uniforms. Sec. 352. Authorization to institute a centralized, automated mail redirection system to improve the delivery of absentee ballots to military personnel serving outside the United States. TITLE IV—Military Personnel Authorizations Subtitle A—Active Forces Sec. 401. End strengths for active forces. Subtitle B—Reserve Forces Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for Reserves on active duty in support of the reserves. Sec. 413. End strengths for military technicians (dual status). Sec. 414. Fiscal year 2014 limitation on number of non-dual status technicians. Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support. Subtitle C—Authorization of Appropriations Sec. 421. Military personnel. TITLE V—Military Personnel Policy Subtitle A—Officer Personnel Policy Generally Sec. 501. Service credit for cyberspace experience or advanced education upon original appointment as a commissioned officer. Subtitle B—Reserve Component Management Sec. 506. Information to be provided to boards considering officers for selective early removal from the reserve active-status list. Sec. 507. Removal of restrictions on the transfer of officers between the active and inactive National Guard. Sec. 508. Limitation on certain cancellations of deployment of reserve component units within 180 days of scheduled date of deployment. Sec. 509. National Guard Youth Challenge Program. Subtitle C—General Service Authorities Sec. 511. Expansion and enhancement of authorities relating to protected communications of members of the Armed Forces and prohibited retaliatory actions. Sec. 512. Enhancement of protection of rights of conscience of members of the Armed Forces and chaplains of such members. Sec. 513. Department of Defense Inspector General reports on compliance with requirements for the protection of rights of conscience of members of the Armed Forces and their chaplains. Subtitle D—Member Education and Training Sec. 521. Authority for joint professional military education Phase II instruction and credit to be offered and awarded through senior-level course of School of Advanced Military Studies of the United States Army Command and General Staff College. Sec. 522. Authority for Uniformed Services University of the Health Sciences to support undergraduate and other medical education and training programs for military medical personnel. Sec. 523. Expansion of eligibility for associate degree programs under the Community College of the Air Force. Sec. 524. Additional requirements for approval of educational programs for purposes of certain educational assistance under laws administered by the Secretary of Defense. Sec. 525. Enhancement of mechanisms to correlate skills and training for military occupational specialties with skills and training required for civilian certifications and licenses. Sec. 526. Coverage of military occupational specialities relating to military information technology under pilot program on receipt of civilian credentials for skills required for military occupational specialties. Sec. 527. Sense of Senate on the Troops-to-Teachers Program. Sec. 528. Conforming amendment relating to renaming of North Georgia College and State University as University of North Georgia. Subtitle E—Sexual Assault Prevention and Response and Military Justice Matters PART I—Sexual Assault Prevention and Response Sec. 531. Prohibition on service in the Armed Forces by individuals who have been convicted of certain sexual offenses. Sec. 532. Temporary administrative reassignment or removal of a member of the Armed Forces on active duty who is accused of committing a sexual assault or related offense. Sec. 533. Issuance of regulations applicable to the Coast Guard regarding consideration of request for permanent change of station or unit transfer by victim of sexual assault. Sec. 534. Inclusion and command review of information on sexual-related offenses in personnel service records of members of the Armed Forces. Sec. 535. Enhanced responsibilities of Sexual Assault Prevention and Response Office for Department of Defense sexual assault prevention and response program. Sec. 536. Comprehensive review of adequacy of training for members of the Armed Forces on sexual assault prevention and response. Sec. 537. Availability of Sexual Assault Response Coordinators for members of the National Guard and the Reserves. Sec. 538. Retention of certain forms in connection with Restricted Reports and Unrestricted Reports on sexual assault involving members of the Armed Forces. Sec. 539. Special Victims' Counsel for victims of sexual assault committed by members of the Armed Forces. Sec. 540. Sense of Congress on commanding officer responsibility for command climate free of retaliation. Sec. 541. Commanding officer action on reports on sexual offenses involving members of the Armed Forces. Sec. 542. Department of Defense Inspector General investigation of allegations of retaliatory personnel actions taken in response to making protected communications regarding sexual assault. Sec. 543. Advancement of submittal deadline for report of independent panel on assessment of military response systems to sexual assault. Sec. 544. Assessment of clemency in the military justice system and of database of alleged offenders of sexual assault as additional duties of independent panel on review and assessment of systems to respond to sexual assault cases. Sec. 545. Assessment of provisions and proposed provisions of law on sexual assault prevention and response as additional duties of independent panels for review and assessment of Uniform Code of Military Justice and judicial proceedings of sexual assault cases. Sec. 546. Assessment of compensation and restitution of victims of offenses under the Uniform Code of Military Justice as additional duty of independent panel on review and assessment of judicial proceedings of sexual assault cases. PART II—Related Military Justice Matters Sec. 551. Elimination of five-year statute of limitations on trial by court-martial for additional offenses involving sex-related crimes. Sec. 552. Review of decisions not to refer charges of certain sexual offenses to trial by court-martial. Sec. 553. Defense counsel interview of complaining witnesses in presence of trial counsel or outside counsel. Sec. 554. Mandatory discharge or dismissal for certain sex-related offenses under the Uniform Code of Military Justice and trial of such offenses by general courts-martial. Sec. 555. Limitation on authority of convening authority to modify findings of a court-martial. Sec. 556. Participation by complaining witnesses in clemency phase of courts-martial process. Sec. 557. Secretary of Defense report on modifications to the Uniform Code of Military Justice to prohibit sexual acts and contacts between military instructors and trainees. Sec. 558. Sense of Senate on disposition of charges involving certain sexual misconduct offenses under the Uniform Code of Military Justice through courts-martial. Sec. 559. Sense of Senate on the discharge in lieu of court-martial of members of the Armed Forces who commit sexual-related offenses. PART III—Other Military Justice and Legal Matters Sec. 561. Modification of eligibility for appointment as Judge on the United States Court of Appeals for the Armed Forces. Sec. 562. Repeal of the offense of consensual sodomy under the Uniform Code of Military Justice. Sec. 563. Prohibition of retaliation against members of the Armed Forces for reporting a criminal offense. Sec. 564. Extension of crime victims' rights to victims of offenses under the Uniform Code of Military Justice. Sec. 565. Modification of Manual for Courts-Martial to eliminate factor relating to character and military service of the accused in rule on initial disposition of offenses. Subtitle F—Defense Dependents' Education and Military Family Readiness Matters Sec. 571. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees. Sec. 572. Impact aid for children with severe disabilities. Subtitle G—Decorations and Awards Sec. 581. Matters relating to Medals of Honor and other medals of high precedence for members of the Armed Forces. Sec. 582. Recodification and revision of Army, Navy, Air Force, and Coast Guard Medal of Honor Roll. Sec. 583. Authority for award of the Distinguished Service Cross to Robert F. Keiser for valor during the Korean War. Sec. 584. Authority for award of the Distinguished Service Cross to Sergeant First Class Patrick N. Watkins, Jr., for acts of valor during the Vietnam War. Subtitle H—Other Matters Sec. 591. Additional requirements for accounting for members of the Armed Forces and Department of Defense civilian employees listed as missing. Sec. 592. Expansion of privileged information authorities to debriefing reports of certain recovered persons who were never placed in a missing status. TITLE VI—Compensation and Other Personnel Benefits Subtitle A—Pay and Allowances Sec. 601. Fiscal year 2014 increase in military basic pay. Sec. 602. Repeal of authority relating to commencement of basic pay for members of the National Guard called into Federal service for less than 30 days. Sec. 603. Extension of authority to provide temporary increase in rates of basic allowance for housing under certain circumstances. Subtitle B—Bonuses and Special and Incentive Pays Sec. 611. One-year extension of certain bonus and special pay authorities for reserve forces. Sec. 612. One-year extension of certain bonus and special pay authorities for health care professionals. Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers. Sec. 614. One-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities. Sec. 615. One-year extension of authorities relating to payment of other title 37 bonuses and special pays. Sec. 616. Correction of citation for extension of reimbursement authority for travel expenses for inactive-duty training outside of normal commuting distance and additional one-year extension. Sec. 617. Expansion to all reserve components of stipend for registered nurses in critical specialties under health professions stipend program. Subtitle C—Travel and Transportation Allowances Sec. 631. Technical and standardizing amendments to Department of Defense travel and transportation authorities in connection with reform of such authorities. Subtitle D—Disability, Retired Pay, and Survivor Benefits Sec. 641. Clarification of prevention of retired pay inversion in the case of members whose retired pay is computed using high-three. Sec. 642. Effect on division of retired pay of election to receive combat-related special compensation after previous election to receive concurrent retirement and disability compensation. Sec. 643. Survivor Benefit Plan annuities for special needs trusts established for the benefit of dependent children incapable of self-support. Sec. 644. Periodic notice to members of the Ready Reserve on early retirement credit earned for significant periods of active Federal status or active duty. Sec. 645. Preservation of retiree dependent status for certain dependents upon death or permanent incapacitation of the retired member on whom dependent status is based. Subtitle E—Military Lending Matters Sec. 661. Enhanced role for the Department of Justice under the Military Lending Act. Subtitle F—Other Matters Sec. 671. Authority to provide certain expenses for care and disposition of human remains that were retained by the Department of Defense for forensic pathology investigation. Sec. 672. Extension of ongoing pilot programs under temporary Army incentive to provide additional recruitment incentives. TITLE VII—Health Care Provisions Subtitle B—Health Care Administration Sec. 711. Pilot program on increased collection of third-party reimbursements for health care services provided in military medical treatment facilities. Sec. 712. Sense of Senate on implementation of integrated electronic health records for the Department of Defense and the Department of Veterans Affairs. Subtitle C—Reports and Other Matters Sec. 721. Report on provision of advanced prosthetics and orthotics to members of the Armed Forces and veterans. TITLE VIII—Acquisition Policy, Acquisition Management, and Related Matters Subtitle A—Acquisition Policy and Management Sec. 801. Restatement and revision of requirements applicable to multiyear defense acquisitions to be specifically authorized by law. Sec. 802. Extension of authority to acquire products and services produced in countries along a major route of supply to Afghanistan. Sec. 803. Report on program manager training and experience. Subtitle B—Provisions Relating to Major Defense Acquisition Programs Sec. 821. Synchronization of cryptographic systems for major defense acquisition programs. Sec. 822. Assessment of dedicated control system before Milestone B approval of major defense acquisition programs constituting a space program. Sec. 823. Additional responsibility for product support managers for major weapon systems. Sec. 824. Comptroller General of the United States review of Department of Defense processes for the acquisition of weapon systems. Subtitle C—Amendments to General Contracting Authorities, Procedures, and Limitations Sec. 841. Maximum amount of allowable costs of compensation of contractor employees. Sec. 842. Implementation by Department of Defense of certain recommendations of the Comptroller General of the United States on oversight of pensions offered by Department contractors. Subtitle D—Other Matters Sec. 861. Extension of prohibition on contracting with the enemy in the United States Central Command theater of operations. Sec. 862. Prohibition on contracting with the enemy. Sec. 863. Report on the elimination of improper payments. TITLE IX—Department of Defense Organization and Management Subtitle A—Department of Defense Management Sec. 901. Under Secretary of Defense for Management. Sec. 902. Supervision of Command Acquisition Executive of the United States Special Operations Command by the Under Secretary of Defense for Acquisition, Technology, and Logistics. Sec. 903. Council on Oversight of the National Leadership Command, Control, and Communications System. Sec. 904. Transfer of administration of Ocean Research Advisory Panel from Department of the Navy to National Oceanic and Atmospheric Administration. Sec. 905. Streamlining of Department of Defense management headquarters. Sec. 906. Update of statutory statement of functions of the Chairman of the Joint Chiefs of Staff relating to doctrine, training, and education. Sec. 907. Modification of reference to major Department of Defense headquarters activities instruction. Subtitle B—Space Activities Sec. 921. Limitation on use of funds for Space Protection Program. Subtitle C—Intelligence-Related Matters Sec. 931. Personnel security. Sec. 932. Reports on clandestine human intelligence collection. Sec. 933. Navy Broad-Area Maritime Surveillance aircraft. Sec. 934. Plan for transfer of Air Force C–12 Liberty Intelligence, Surveillance, and Reconnaissance aircraft. Subtitle D—Cyberspace-Related Matters Sec. 941. Authorities, capabilities, and oversight of the United States Cyber Command. Sec. 942. Joint software assurance center for the Department of Defense. Sec. 943. Supervision of the acquisition of cloud computing capabilities for intelligence analysis. Sec. 944. Cyber vulnerabilities of Department of Defense weapon systems and tactical communications systems. Sec. 945. Strategy on use of the reserve components of the Armed Forces to support Department of Defense cyber missions. Sec. 946. Control of the proliferation of cyber weapons. Sec. 947. Integrated policy to deter adversaries in cyberspace. Sec. 948. Centers of Academic Excellence for Information Assurance matters. TITLE X—General Provisions Subtitle A—Financial Matters Sec. 1001. General transfer authority. Sec. 1002. Department of Defense Readiness Restoration Fund. Subtitle B—Counter-Drug Activities Sec. 1011. Extension of authority to support unified counter-drug and counterterrorism campaign in Colombia. Sec. 1012. Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities. Sec. 1013. Extension and expansion of authority to provide additional support for counter-drug activities of certain foreign governments. Subtitle C—Naval Vessels and Shipyards Sec. 1021. Modification of requirements for annual long-range plan for the construction of naval vessels. Sec. 1022. Report on naval vessels and the Force Structure Assessment. Sec. 1023. Repeal of policy relating to propulsion systems of any new class of major combatant vessels of the strike forces of the United States Navy. Sec. 1024. Clarification of sole ownership resulting from ship donations at no cost to the Navy. Subtitle D—Counterterrorism Sec. 1031. Transfers to foreign countries of individuals detained at United States Naval Station, Guantanamo Bay, Cuba. Sec. 1032. Authority to temporarily transfer individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States for emergency or critical medical treatment. Sec. 1033. Limitation on the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba. Sec. 1034. Clarification of procedures for use of alternate members on military commissions. Subtitle E—Nuclear Forces Sec. 1041. Modification of responsibilities and reporting requirements of Nuclear Weapons Council. Sec. 1042. Modification of deadline for report on plan for nuclear weapons stockpile and nuclear weapons complex. Sec. 1043. Cost estimates and comparisons relating to interoperable warhead. Sec. 1044. Sense of Congress on ensuring the modernization of United States nuclear forces. Sec. 1045. Readiness and flexibility of intercontinental ballistic missile force. Subtitle F—Miscellaneous Authorities and Limitations Sec. 1051. National security spectrum strategy. Sec. 1052. Department of Defense representation in dispute resolution regarding surrender of Department of Defense bands of electromagnetic frequencies. Sec. 1053. Sense of Senate on parental rights of members of the Armed Forces in child custody determinations. Subtitle G—Studies and Reports Sec. 1061. Repeal and modification of reporting requirements. Sec. 1062. Report on plans for the disposition of the Mine Resistant Ambush Protected vehicle fleet. Sec. 1063. Report on foreign language support contracts for the Department of Defense. Sec. 1064. Civil Air Patrol. Sec. 1065. Eagle Vision system. Subtitle H—Other Matters Sec. 1081. Extension of Ministry of Defense Advisor Program. TITLE XI—Civilian Personnel Matters Sec. 1101. Extension of voluntary reduction-in-force authority for civilian employees of the Department of Defense. Sec. 1102. Extension of authority to make lump sum severance payments to Department of Defense employees. Sec. 1103. Expansion of protection of employees of nonappropriated fund instrumentalities from reprisals. Sec. 1104. Extension of enhanced appointment and compensation authority for civilian personnel for care and treatment of wounded and injured members of the Armed Forces. Sec. 1105. Amount of educational assistance under Science, Mathematics, and Research for Transformation Defense Education Program. Sec. 1106. Flexibility in employment and compensation of civilian faculty at certain additional Department of Defense schools. Sec. 1107. Temporary authority for direct appointment to certain positions at Department of Defense research and engineering facilities. Sec. 1108. Modernization of titles of nonappropriated fund instrumentalities for purposes of certain civil service laws. TITLE XII—Matters Relating to Foreign Nations Subtitle A—Assistance and Training Sec. 1201. Modification and extension of authorities relating to program to build the capacity of foreign military forces. Sec. 1202. Revisions to Global Security Contingency Fund authority. Sec. 1203. Training of general purpose forces of the United States Armed Forces with military and other security forces of friendly foreign countries. Sec. 1204. United States counterterrorism assistance and cooperation in North Africa. Sec. 1205. Assistance to the Government of Jordan for border security operations. Sec. 1206. Authority to conduct activities to enhance the capability of foreign countries to respond to incidents involving weapons of mass destruction. Sec. 1207. Support of foreign forces participating in operations to disarm the Lord's Resistance Army. Subtitle B—Matters Relating to Afghanistan, Pakistan, and Iraq Sec. 1211. Commanders’ Emergency Response Program in Afghanistan. Sec. 1212. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq. Sec. 1213. One-year extension and modification of authority to use funds for reintegration activities in Afghanistan. Sec. 1214. One-year extension and modification of authority for program to develop and carry out infrastructure projects in Afghanistan. Sec. 1215. Extension of authority for reimbursement of certain coalition nations for support provided to United States military operations. Sec. 1216. Extension of logistical support for coalition forces supporting certain United States military operations. Sec. 1217. Extension and improvement of the Iraqi special immigrant visa program. Sec. 1218. Extension and improvement of the Afghan special immigrant visa program. Sec. 1219. Sense of Congress on commencement of new long-term nation building or large-scale infrastructure development projects in Afghanistan. Subtitle C—Reports and Other Matters Sec. 1231. Two-year extension of authorization for non-conventional assisted recovery capabilities. Sec. 1232. Element on 5th generation fighter program in annual report on military and security developments involving the People’s Republic of China. Sec. 1233. Prohibition on use of funds to enter into contracts or agreements with Rosoboronexport. Sec. 1234. Modification of statutory references to former North Atlantic Treaty Organization support organizations and related agreements. Sec. 1235. Technical correction relating to funding for NATO Special Operations Headquarters. Sec. 1236. Strategy to prevent the proliferation of weapons of mass destruction and related materials in the Middle East and North Africa region. TITLE XIII—Cooperative threat reduction Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. Sec. 1302. Funding allocations. Sec. 1303. Extension of authority for utilization of contributions to the Cooperative Threat Reduction program. TITLE XIV—Other Authorizations Subtitle A—Military Programs Sec. 1401. Working capital funds. Sec. 1402. National Defense Sealift Fund. Sec. 1403. Chemical Agents and Munitions Destruction, Defense. Sec. 1404. Drug Interdiction and Counter-Drug Activities, Defense-wide. Sec. 1405. Defense Inspector General. Sec. 1406. Defense Health Program. Subtitle B—Other Matters Sec. 1421. Authorization of appropriations for Armed Forces Retirement Home. Sec. 1422. Authority for transfer of funds to Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois. TITLE XV—Authorization of Additional Appropriations for Overseas Contingency Operations Subtitle A—Authorization of Additional Appropriations Sec. 1501. Purpose. Sec. 1502. Procurement. Sec. 1503. Research, development, test, and evaluation. Sec. 1504. Operation and maintenance. Sec. 1505. Military personnel. Sec. 1506. Working capital funds. Sec. 1507. National Defense Sealift Fund. Sec. 1508. Chemical Agents and Munitions Destruction, Defense. Sec. 1509. Drug Interdiction and Counter-Drug Activities, Defense-wide. Sec. 1510. Defense Inspector General. Sec. 1511. Defense Health program. Subtitle B—Financial Matters Sec. 1521. Treatment as additional authorizations. Sec. 1522. Special transfer authority. Subtitle C—Other Matters Sec. 1531. Joint Improvised Explosive Device Defeat Fund. Sec. 1532. Afghanistan Security Forces Fund. Sec. 1533. Extension of authority for Task Force for Business and Stability Operations in Afghanistan. DIVISION B—Military construction authorizations Sec. 2001. Short title. Sec. 2002. Expiration of authorizations and amounts required to be specified by law. TITLE XXI—Army military construction Sec. 2101. Authorized Army construction and land acquisition projects. Sec. 2102. Family housing. Sec. 2103. Authorization of appropriations, Army. Sec. 2104. Modification of authority to carry out certain fiscal year 2011 project. Sec. 2105. Modification of authority to carry out certain fiscal year 2010 project. Sec. 2106. Modification of authority to carry out certain fiscal year 2004 project. Sec. 2107. Extension of authorizations of certain fiscal year 2011 projects. Sec. 2108. Extension of authorizations of certain fiscal year 2010 projects. Sec. 2109. Limitation on construction of cadet barracks at United States Military Academy, New York. TITLE XXII—Navy military construction Sec. 2201. Authorized Navy construction and land acquisition projects. Sec. 2202. Family housing. Sec. 2203. Improvements to military family housing units. Sec. 2204. Authorization of appropriations, Navy. Sec. 2205. Modification of authority to carry out certain fiscal year 2012 project. Sec. 2206. Modification of authority to carry out certain fiscal year 2011 project. Sec. 2207. One-year extension of authorizations of certain fiscal year 2011 project. Sec. 2208. Two-year extension of authorizations of certain fiscal year 2011 project. TITLE XXIII—Air force military construction Sec. 2301. Authorized Air Force construction and land acquisition projects. Sec. 2302. Family housing. Sec. 2303. Improvements to military family housing units. Sec. 2304. Authorization of appropriations, Air Force. Sec. 2305. Extension of authorizations of certain fiscal year 2011 project. TITLE XXIV—Defense agencies military construction Subtitle A—Defense agency authorizations Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. Sec. 2402. Authorized energy conservation projects. Sec. 2403. Authorization of appropriations, Defense Agencies. Subtitle B—Chemical demilitarization authorizations Sec. 2411. Authorization of appropriations, chemical demilitarization construction, Defense-wide. TITLE XXV—North Atlantic Treaty Organization Security Investment Program Sec. 2501. Authorized NATO construction and land acquisition projects. Sec. 2502. Authorization of appropriations, NATO. TITLE XXVI—Guard and reserve forces facilities Subtitle A—Project authorizations and authorization of appropriations Sec. 2601. Authorized Army National Guard construction and land acquisition projects. Sec. 2602. Authorized Army Reserve construction and land acquisition projects. Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects. Sec. 2604. Authorized Air National Guard construction and land acquisition projects. Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. Sec. 2606. Authorization of appropriations, National Guard and Reserve. Subtitle B—Other matters Sec. 2611. Modification of authority to carry out certain fiscal year 2013 project. Sec. 2612. Extension of authorization of certain fiscal year 2011 project. Sec. 2613. Extension of authorization of certain fiscal year 2011 project. TITLE XXVII—Base realignment and closure activities Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account. Sec. 2702. Precondition for any future base realignment and closure round. Sec. 2703. Report on 2005 base closure and realignment joint basing initiative. TITLE XXVIII—Military Construction General Provisions Subtitle A—Military Construction Program and Military Family Housing Changes Sec. 2801. Modification of authorities to fund military construction through payments-in-kind and to use residual value payments-in-kind. Sec. 2802. Extension and modification of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States. Subtitle B—Real Property and Facilities Administration Sec. 2811. Authority for acceptance of funds to cover administrative expenses associated with real property leases and easements. Sec. 2812. Application of cash payments received for utilities and services. Sec. 2813. Modification of authority to enter into long-term contracts for receipt of utility services as consideration for utility systems conveyances. Sec. 2814. Acquisition of real property at Naval Base Ventura County, California. Subtitle C—Provisions Related to Asia-Pacific Military Realignment Sec. 2821. Realignment of Marines Corps forces in Asia-Pacific Region. Sec. 2822. Modification of reporting requirements relating to Guam realignment. Subtitle D—Land Conveyances Sec. 2831. Land conveyance Joint Base Pearl Harbor Hickam, Hawaii. Sec. 2832. Mt. Soledad Veterans Memorial transfer. Subtitle E—Other matters Sec. 2841. Redesignation of the Asia-Pacific Center for Security Studies as the Daniel K. Inouye Asia-Pacific Center for Security Studies. DIVISION C—Department of Energy national security authorizations and other authorizations TITLE XXXI—Department of Energy national security programs Subtitle A—National Security Programs Authorizations Sec. 3101. National Nuclear Security Administration. Sec. 3102. Defense environmental cleanup. Sec. 3103. Other defense activities. Subtitle B—Program Authorizations, Restrictions, and Limitations Sec. 3111. Establishment of Director for Cost Estimating and Program Evaluation in National Nuclear Security Administration. Sec. 3112. Plan for improvement and integration of financial management of nuclear security enterprise. Sec. 3113. Certification of security measures at atomic energy defense facilities. Sec. 3114. Plan for incorporating exascale computing into the stockpile stewardship program. Sec. 3115. Integrated plutonium strategy. Sec. 3116. Authorization of modular building strategy as an alternative to the replacement project for the Chemistry and Metallurgy Research Building, Los Alamos National Laboratory, New Mexico. Sec. 3117. Increase in construction design threshold. Sec. 3118. Clarification of form of submission of cost estimates on life extension programs and new nuclear facilities. Subtitle C—Reports Sec. 3121. Assessment of nuclear nonproliferation programs of the National Nuclear Security Administration. Sec. 3122. Modification of reviews relating to cost-benefit analyses of management and operating contracts of the National Nuclear Security Administration. Sec. 3123. Modification of deadline for certain reports relating to program on scientific engagement for nonproliferation. Sec. 3124. Modification of certain reports on cost containment for uranium capabilities replacement project. Sec. 3125. Submission of interim report of Congressional Advisory Panel on the Governance of the Nuclear Security Enterprise. Subtitle D—Technical corrections Sec. 3131. Technical corrections to the National Nuclear Security Administration Act. Sec. 3132. Technical corrections to the Atomic Energy Defense Act. TITLE XXXII—Defense Nuclear Facilities Safety Board Sec. 3201. Authorization. TITLE XXXV—Maritime Administration Sec. 3501. Maritime Administration. DIVISION D—Funding Tables Sec. 4001. Authorization of amounts in funding tables. TITLE XLI—Procurement Sec. 4101. Procurement. Sec. 4102. Procurement for overseas contingency operations. TITLE XLII—Research, Development, Test, and Evaluation Sec. 4201. Research, development, test, and evaluation. Sec. 4202. Research, development, test, and evaluation for overseas contingency operations. TITLE XLIII—Operation and Maintenance Sec. 4301. Operation and maintenance. Sec. 4302. Operation and maintenance for overseas contingency operations. TITLE XLIV—Military Personnel Sec. 4401. Military personnel. Sec. 4402. Military personnel for overseas contingency operations. TITLE XLV—Other Authorizations Sec. 4501. Other authorizations. Sec. 4502. Other authorizations for overseas contingency operations. TITLE XLVI—Military Construction Sec. 4601. Military construction. TITLE XLVII—Department of Energy National Security Programs Sec. 4701. Department of Energy national security programs. 3. Congressional defense committees For purposes of this Act, the term congressional defense committees section 101(a)(16) 4. Budgetary effects of this Act The budgetary effects of this Act, for the purposes of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation A Department of Defense Authorizations I Procurement A Authorization of Appropriations 101. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2014 for procurement for the Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table in section 4101. C Navy Programs 121. Multiyear procurement authority for E–2D aircraft (a) Authority for multiyear procurement Subject to section 2306b (b) Condition for out-year contract payments A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2014 is subject to the availability of appropriations for that purpose for such later fiscal year. 122. CVN–78 class aircraft carrier program (a) Cost limitation baseline for lead ship Subsection (a)(1) of section 122 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2104) is amended by striking $10,500,000,000 $12,887,000,000 (b) Additional factor for adjustment of limitation amount Subsection (b) of such section is amended by adding at the end the following new paragraph: (7) The amounts of increases or decreases in costs of that ship that are attributable to the shipboard test program. . (c) Hull number Such section is further amended in subsections (a)(1), (a)(2), and (b), by striking CVN–21 CVN–78 (d) Requirements for CVN–79 Such section is further amended by adding at the end the following new subsection: (e) Requirements for CVN–79 (1) Quarterly cost estimate The Secretary of the Navy shall submit to the congressional defense committees on a quarterly basis a report setting forth the most current cost estimate for CVN–79 (as estimated by the program manager). Each cost estimate shall include the current percentage of completion of the program, the total costs incurred, and an estimate of costs at completion for ship construction, government-furnished equipment, and engineering and support costs. (2) Limitation If any report under paragraph (1) includes a cost estimate for CVN–79 in excess of the amount specified in subsection (a)(2), the Secretary may not make any payment of fees under any cost-type or incentive fee contract associated with CVN–79 until the program manager determines that the cost estimate for CVN–79 no longer exceeds the amount specified in subsection (a)(2). . (e) Conforming amendment The heading of such section is amended to read as follows: 122. Adherence to Navy cost estimates for CVN–78 class of aircraft carriers . 123. Repeal of requirements relating to procurement of future surface combatants Section 125 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 124. Modification of requirements to sustain Navy airborne intelligence, surveillance, and reconnaissance capabilities Section 112 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 (1) by striking subsections (b) and (c); and (2) by adding after subsection (a) the following new subsection (b): (b) Requirement To maintain capabilities (1) Sustainment of US Pacific Command The Secretary of the Navy shall maintain sufficient numbers of EP–3 Airborne Reconnaissance Integrated Electronic System II (ARIES II) Spiral 3 aircraft and Special Projects Aircraft version P909 to support the wartime operational plans of the United States Pacific Command using realistic basing assumptions. (2) Sustainment of EP–3 aircraft for Global Force Management Allocation Plan The Secretary shall maintain sufficient numbers of EP–3 Airborne Reconnaissance Integrated Electronic System II Spiral 3 aircraft and associated personnel to sustain five such aircraft for allocation to the commanders of the combatant commands under the Global Force Management Allocation Plan. (3) Intelligence systems The Secretary shall— (A) extend the Spiral 3 Joint Common Configuration upgrade to include the twelfth EP–3 Airborne Reconnaissance Integrated Electronic System II Spiral 3 aircraft; and (B) correct electronic intelligence system obsolescence deficiencies on the EP–3 Airborne Reconnaissance Integrated Electronic System II Spiral 3 aircraft fleet and the Special Projects Aircraft version P909 fleet. (4) Requirements of combatant commands for airborne maritime ISR capabilities The Chairman of the Joint Requirements Oversight Council shall coordinate with the commanders of the combatant commands (and, in particular, with the Commander of the United States Pacific Command and the Commander of the United States Special Operations Command) to determine requirements for the intelligence, surveillance, and reconnaissance capabilities and capacity to be provided by the Special Projects Aircraft version P909 fleet. (5) Sustainment of Special Projects Aircraft The Secretary shall sustain sufficient numbers of Special Projects Aircraft version P909 and associated personnel to satisfy any requirements determined by the Chairman of the Joint Requirements Oversight Council to be met through such aircraft under paragraph (4). (6) Termination of certain requirements (A) The requirements in paragraphs (1) and (2) shall expire with respect to the EP–3 Airborne Reconnaissance Integrated Electronic System II Spiral 3 aircraft when the multi-intelligence Broad Area Maritime System TRITON aircraft with signals intelligence capabilities equal or greater than the EP–3 Airborne Reconnaissance Integrated Electronic System II Spiral 3 aircraft reaches Initial Operational Capability (IOC). (B) The requirement in paragraph (5) shall expire when the Navy achieves Initial Operational Capability of a system providing capabilities equal to or greater than the Special Projects Aircraft version P909. . 125. Littoral Combat Ship (a) Report required Not later than 60 days after the date of the enactment of this Act, the Chief of Naval Operations shall, in coordination with the Director of Operational Test and Evaluation, submit to the congressional defense committees a report on the current concept of operations and expected survivability attributes of each of the Littoral Combat Ship (LCS) sea frames. (b) Elements The report required by subsection (a) shall set forth the following: (1) A review of the current concept of operations of the Littoral Combat Ship and a comparison of such concept of operations with the original concept of operations of the Littoral Combat Ship. (2) An assessment of the ability of the Littoral Combat Ship to carry out the core missions of the Cooperative Strategy for 21st Century Seapower of the Navy. (3) A comparison of the combat capabilities for the three missions assigned to the Littoral Combat Ship sea frames (anti-surface warfare, mine counter measures, anti-submarine warfare) with the combat capabilities for each of such missions of the systems the Littoral Combat Ship is replacing. (4) An assessment of expected survivability of the Littoral Combat Ship sea frames in the context of the planned employment of the Littoral Combat Ship as described in the concept of operations. (5) The current status of operational testing for the sea frames and the mission modules of the Littoral Combat Ship. (6) An updated test and evaluation masterplan for the Littoral Combat Ship. (7) A review of survivability testing, modeling, and simulation conducted to date on the two sea frames of the Littoral Combat Ship. (8) An updated assessment of the endurance of the Littoral Combat Ship at sea with respect to maintenance, fuel use, and sustainment of crew and mission modules. (9) An assessment of the adequacy of current ship manning plans for the Littoral Combat Ship, and an assessment the impact of increased manning on design changes and the endurance of the Littoral Combat Ship. (10) A list of the casualty reports to date on each Littoral Combat Ship, including a description of the impact of such casualties on the design or ability of that Littoral Combat Ship to perform assigned missions. (c) Form The report required by subsection (a) shall be submitted in classified form and unclassified form. D Air Force Programs 131. Tactical airlift fleet of the Air Force (a) Consideration of upgrades of certain aircraft in recapitalization of fleet The Secretary of the Air Force shall consider, as part of the recapitalization of the tactical airlift fleet of the Air Force, upgrades to legacy C–130H aircraft designed to help such aircraft meet the fuel efficiency goals of the Department of the Air Force and retention of such aircraft, as so upgraded, in the tactical airlift fleet. (b) Manner of upgrades The Secretary shall ensure that upgrades to the C–130H aircraft fleet are made in a manner that is proportional to the number of C–130H aircraft in the force structure of the regular Air Force, the Air Force Reserve, and the Air National Guard. 132. Modification of limitations on retirement of B–52 bomber aircraft Subparagraph (C) of section 131(a)(1) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2111), as added by section 137(a)(1)(C) of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 in a common capability configuration 133. Repeal of requirement for maintenance of certain retired KC–135E aircraft Section 135(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 ( Public Law 109–364 Public Law 110–417 134. Prohibition of procurement of unnecessary C–27J aircraft by the Air Force The Secretary of the Air Force shall not obligate or expend any funds for the procurement of C-27J aircraft not already on contract as of June 1, 2013. E Joint and Multiservice Matters 151. Multiyear procurement authority for C–130J aircraft (a) Authority for multiyear procurement Subject to section 2306b (b) Condition for out-year contract payments A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2014 is subject to the availability of appropriations for that purpose for such later fiscal year. 152. Sense of Senate on the United States helicopter industrial base (a) Findings The Senate makes the following findings: (1) Armed, cargo, and utility helicopters provide the Department of Defense with critical capabilities to support operations in the air, on land, and at sea. (2) According to the Aerospace Industries Association of America’s 2012 Year-End Review and Forecast, the United States military aircraft manufacturing sales declined by 2.4 percent between 2011 and 2012. (3) According to the Aerospace Industries Association of America’s July 2012 report on the aerospace industrial base, aviation industry employment of aerospace research and development scientists and engineers numbering 140,000 in 1996 has declined to 40,000 in 2008. (4) Today, five corporations manufacture all United States military helicopters. (5) Helicopter program unpredictability and reduced defense procurement have a negative impact on the ability to recruit and retain a qualified and capable aerospace workforce thereby increasing risk for the helicopter industrial base’s ability to design, build, and support the next generation of manned and unmanned military helicopters. (b) Sense of senate It is the sense of the Senate that— (1) armed, cargo, and utility helicopters are instrumental to the Department of Defense’s ability to execute the President’s National Security Strategy; (2) the Department of Defense should take into consideration the health and viability of the military helicopter industrial base in its analysis and decision making when building its annual research, development, and acquisition budget request; and (3) the Department of Defense and Congress should endeavor to maintain budget and program predictability in order to attract and retain a skilled workforce to ensure the technological capabilities required to sustain the preeminence of the United States military helicopter fleets. II Research, Development, Test, and Evaluation A Authorization of Appropriations 201. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2014 for the use of the Department of Defense for research, development, test, and evaluation as specified in the funding table in section 4201. B Program Requirements, Restrictions, and Limitations 211. Conventional Prompt Global Strike program None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the Department of Defense for research, development, test, and evaluation and available for the Prompt Global Strike Capability Development program (PE #64165D8Z) for the Conventional Prompt Global Strike (CPGS) program may be obligated or expended for any activities relating to the development of a submarine-launched capability under that program until 60 days after the date on which the Under Secretary of Defense for Policy submits to the congressional defense committees a report that addresses the policy considerations concerning the ambiguity problems regarding the launch of Conventional Prompt Global Strike missiles from submarine platforms. 212. Modification of requirements on biennial strategic plan for the Defense Advanced Research Projects Agency (a) Elements of strategic plan Subsection (b) of section 2352 (1) by striking paragraph (1) and inserting the following new paragraph (1): (1) The strategic objectives of that agency, and the linkage between such objectives and the missions of the armed forces. ; (2) in paragraph (2)(A), by striking goals objectives (3) by striking paragraph (3); (4) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and (5) in paragraph (3), as redesignated by paragraph (4) of this subsection, by striking for the programs of that agency for programs demonstrating military systems to one or more of the armed forces (b) Responsibility for submittal of plan Subsection (c) of such section is amended by striking Secretary of Defense shall Director shall, in coordination with the Under Secretary of Defense for Acquisition, Technology, and Logistics, (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to biennial strategic plans for the Defense Advanced Research Project Agency that are submitted under section 2352 213. Extension of authority for program to award prizes for advanced technology achievements Section 2374a(f) of title 10, United States Code, is amended by striking September 30, 2013 September 30, 2017 214. Five-year extension of pilot program to include technology protection features during research and development of certain defense systems Section 243(d) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( 10 U.S.C. 2358 October 1, 2015 October 1, 2020 215. Extension of mechanisms to provide funds for defense laboratories for research and development of technologies for military missions Section 219(c) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( 10 U.S.C. 2358 September 30, 2016 September 30, 2020 216. Sustainment or replacement of Blue Devil Intelligence, Surveillance, and Reconnaissance System (a) Authority for sustainment The Secretary of the Air Force may procure the existing Blue Devil 1 Intelligence, Surveillance, and Reconnaissance Systems (in this section referred to as Blue Devil 1 aircraft system (b) Requirement for plan to replace in lieu of sustainment If the Secretary elects not to procure Blue Devil 1 aircraft systems under subsection (a), the Secretary shall, not later than 15 days after the date of the enactment of this Act, submit to the appropriate committees of Congress a report setting forth a plan to replace the capability provided by the Blue Devil 1 aircraft system with a comparable or improved capability that effectively combines wide-area motion imagery (WAMI) and near-vertical direction finding (NVDF) on the same airborne platform to enable detection, identification, and immediate precision location of targets through signals intelligence in order to permit tracking of targets through the motion imaging system. (c) Requirements in achievement of replacement capability If the Secretary elects to replace the Blue Devil 1 aircraft system, the Secretary shall— (1) coordinate with the Commander of the United States Special Operations Command to ensure that the replacement program for the Blue Devil 1 aircraft system meets the operational needs of the United States Special Operations Command; (2) coordinate with the Director of the Defense Advanced Research Projects Agency to transfer to the Air Force the technology developed under the Wide-Area Network Detection program for operational integration of wide-area motion imagery and near-vertical direction finding data for effective target detection, identification, and tracking for incorporation, as practical and appropriate, into the replacement program for the Blue Devil 1 aircraft system; and (3) make available, to all companies that the Secretary determines are credible potential competitors for the future provision of near-vertical direction finding capabilities to the Air Force, the Blue Moon near-vertical direction finding technology, including hardware, software, algorithms, and drawings developed by a federally funded research and development center. (d) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress (1) the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. C Missile Defense Programs 231. Homeland ballistic missile defense (a) Findings Congress makes the following findings: (1) The Ballistic Missile Defense Review of February 2010 stated as its first policy priority that the United States will continue to defend the homeland against the threat of limited ballistic missile attack an essential element of the United States' homeland ballistic missile defense strategy is to hedge against future uncertainties, including both the uncertainty of future threat capabilities and the technical risks inherent to our own development plans (2) The United States currently has an operational Ground-based Midcourse Defense (GMD) system with 30 Ground-Based Interceptors (GBIs) deployed in Alaska and California, protecting all of the United States, including the East Coast, against the threat of limited ballistic missile attack from both North Korea and Iran. During 2013, senior military and civilian defense leaders have stated repeatedly that they have confidence in the ability of the current Ground-based Midcourse Defense system to protect the United States from limited ballistic missile attack from North Korea and Iran. (3) On March 15, 2013, Secretary of Defense Chuck Hagel announced a series of planned steps to enhance United States homeland ballistic missile defense, to stay ahead of the future missile threat from North Korea and Iran. These steps include the deployment of 14 additional Ground-Based Interceptors at Fort Greely, Alaska, by 2017, a nearly 50 percent increase in the number of such interceptors deployed by the United States. (4) In response to provocative behavior and public threats by North Korea to launch missiles at the United States, the Department of Defense took a number of actions to enhance United States homeland missile defense capabilities, including deployment of the Sea-Based X-band radar into the Pacific Ocean. (5) Before the March 15, 2013, announcement by Secretary of Defense Hagel, General Robert Kehler, Commander of the United States Strategic Command, testified that I am confident that we can defend against a limited attack from Iran, although we are not in the most optimum posture to do that today… it doesn’t provide total defense today we have the capability of limited defense right now. And I think it’s not optimum and I think that we’ve made some important steps forward in what was rolled out. And I think we need to continue to assess the threat and make sure we stay ahead of it (6) As its highest near-term priority, the Missile Defense Agency is designing a correction to the problem that caused a December 2010 flight test failure of the Ground-based Midcourse Defense system using the Capability Enhancement-II (CE-II) model of exo-atmospheric kill vehicle, and plans to demonstrate the correction through flight testing, including an intercept test, before resuming production, assembly, or refurbishment of additional Capability Enhancement-II kill vehicles. (7) The Department of Defense has a program to improve the performance and reliability of the Ground-based Midcourse Defense system. According to Department officials, the goal of the Ground-Based Interceptor reliability program is to double the number of threat Intercontinental Ballistic Missiles (ICBMs) that the current United States inventory of Ground-Based Interceptors could defeat, thereby effectively doubling the capability of the current Ground-based Midcourse Defense system. (8) The Missile Defense Agency, working with the Director of Operational Test and Evaluation and with United States Strategic Command, has developed a comprehensive Integrated Master Test Plan (IMTP) for missile defense, with flight tests for the Ground-based Midcourse Defense system planned through fiscal year 2023, including salvo testing, multiple simultaneous engagement testing, and operational testing. The current test plan includes an additional intercept flight test using the Capability Enhancement-I kill vehicle, scheduled for mid-2013, to demonstrate the reliability enhancements to Ground-Based Interceptors quipped with that kill vehicle. The Director of Operational Test and Evaluation reviewed and approved the Ground-based Midcourse Defense system test plan and pace, including the plan to demonstrate the correction of the Capability Enhancement-II kill vehicle. (9) In May, 2013, Vice Admiral James Syring, the Director of the Missile Defense Agency, testified to Congress that he is seeking to improve the performance and reliability of the Ground-Based Interceptors, and to make the Ground-based Midcourse Defense system more operationally effective and cost-effective absolutely needed equally important to interceptors (10) As part of its United States homeland defense hedging strategy, the Department of Defense has already decided upon or implemented a number of actions to improve the missile defense posture of the United States to stay ahead of the evolving threat of Intercontinental Ballistic Missiles from North Korea and Iran. These include the following actions: (A) As announced by Secretary of Defense Hagel, the Department plans to deploy 14 additional Ground-Based Interceptors at Fort Greely, Alaska, by 2017, to deploy a second AN/TPY-2 radar in Japan, and to pursue an advanced kill vehicle technology development program. (B) The Missile Defense Agency has completed construction of Missile Field-2 at Fort Greely, Alaska, with eight extra silos available to deploy the additional operational Ground-Based Interceptors announced by Secretary of Defense Hagel. (C) The Department plans to refurbish the 6 prototype silos in Missile Field-1 at Fort Greely, Alaska, to deploy the additional Ground-Based Interceptors announced by Secretary of Defense Hagel. (D) The Missile Defense Agency plans to deploy an in-flight interceptor communication system data terminal at Fort Drum, New York, to enhance the performance of Ground-Based Interceptors defending the eastern United States against possible future missile threats from Iran. (E) The Missile Defense Agency is continuing the development and testing of the two-stage Ground-Based Interceptor for possible deployment in the future, if needed. (F) The Missile Defense Agency plans to upgrade the early warning radars in Clear, Alaska, and Cape Cod, Massachusetts, to enhance the ability to defend the United States homeland against potential future Intercontinental Ballistic Missile threats from North Korea and Iran. (G) The Missile Defense Agency is evaluating sites for a possible future United States homeland ballistic missile defense interceptor site in the United States, in compliance with section 227 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 (11) As part of its United States homeland missile defense hedging strategy, the Department of Defense is considering additional options to enhance the future United States posture and capability to defend the homeland, including the feasibility, advisability, and affordability of deploying additional Ground-Based Interceptors beyond the 14 Ground-Based Interceptors announced by Secretary of Defense Hagel, including possibly at a missile defense site on the East Coast of the United States. (12) In discussing the possible benefits of a potential additional missile defense interceptor site in the United States, General Jacoby testified that exploring a third site is an important next step. What a third site gives me, whether it’s on the East Coast or an alternate location, would be increased battle space. That means increased opportunity for me to engage threats from either Iran or North Korea (b) Sense of congress It is the sense of Congress that— (1) it is a national priority to defend the United States homeland against the threat of limited ballistic missile attack from North Korea and Iran; (2) the currently deployed Ground-based Midcourse Defense system, with 30 Ground-Based Interceptors deployed in Alaska and California, provides protection of the entire United States homeland, including the East Coast, against the threat of limited ballistic missile attack from North Korea and Iran, although this capability can and should be improved;; (3) it is essential for the Ground-based Midcourse Defense system to achieve the levels of reliability, availability, sustainability, and operational performance that will allow it to continue providing protection of the United States homeland against limited ballistic missile attack and to stay ahead of the threat as it develops; (4) the Missile Defense Agency should, as its highest priority, correct the problem that caused the December 2010 Ground-based Midcourse Defense system flight test failure and demonstrate the correction through flight testing, including a successful intercept test, before resuming production of the Capability Enhancement-II kill vehicle, in order to provide confidence that the system will work as intended; (5) the Department of Defense should continue to enhance the performance and reliability of the Ground-based Midcourse Defense system, and enhance the capability of the Ballistic Missile Defense System (including through improved sensors, discrimination, kill assessment, exo-atmospheric kill vehicles, and battle management) to provide improved capability to defend the United States homeland against the evolving missile threats from North Korea and Iran; (6) the Missile Defense Agency should continue its robust, rigorous, and realistic testing of the Ground-based Midcourse Defense system, as described in the Integrated Master Test Plan, including salvo testing, multiple simultaneous engagement testing, and operational testing; (7) the Department of Defense has taken a number of prudent, affordable, cost-effective, and operationally significant steps to hedge against the possibility of future growth in the ballistic missile threat to the United States homeland from North Korea and Iran, including the planned deployment of 14 additional Ground-Based Interceptors; and (8) the Department of Defense should continue to evaluate the evolving long-range missile threat from North Korea and Iran and consider further possibilities for prudent, affordable, cost-effective, and operationally significant steps to improve the posture of the United States to defend the United States homeland against possible future growth in the threat from North Korea and Iran. (c) Report on potential future homeland ballistic missile defense options (1) Report required Not later than 180 days after the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on potential future options for enhancing United States homeland ballistic missile defense. (2) Elements The report required by paragraph (1) shall include the following: (A) A description of the current assessment of the threat to the United States from long-range ballistic missiles of North Korea and Iran, and an assessment of the projected future threat through 2022, including a discussion of confidence levels and uncertainties in such threat assessment. (B) A description of the current United States homeland ballistic missile defense capability to defend against the current threat of limited ballistic missile attack from North Korea and Iran. (C) A description of planned improvements to the current United States homeland ballistic missile defense system, and the capability enhancements that would result from such planned improvements, including— (i) deployment of 14 additional Ground-Based Interceptors at Fort Greely, Alaska; (ii) missile defense upgrades of early warning radars at Clear, Alaska, and Cape Cod, Massachusetts; (iii) deployment of an In-Flight Interceptor Communications System Data Terminal at Fort Drum, New York; and (iv) improvements to the effectiveness and reliability of the Ground-Based Interceptors and the overall Ground-based Midcourse defense system. (D) A description of potential additional future United States homeland ballistic missile defense options, in addition to those described in subparagraph (C), if future ballistic missile threats warrant deployment of such options to increase United States homeland ballistic missile defense capabilities, including— (i) deployment of a missile defense interceptor site on the East Coast; (ii) deployment of a missile defense interceptor site in another location in the United States, other than on the East Coast; (iii) expansion of Missile Field-1 at Fort Greely, Alaska, to an operationally available 20-silo configuration, to permit further interceptor deployments; (iv) deployment of additional Ground-Based Interceptors for the Ground-based Midcourse Defense system at Fort Greely, Alaska, Vandenberg Air Force Base, California, or both; (v) deployment of additional missile defense sensors, including possibly an X-band radar on the East Coast or elsewhere, to enhance system tracking and discrimination; (vi) enhancements to the operational effectiveness, cost effectiveness, and overall performance of the Ground-based Midcourse Defense system through improvements to system reliability, discrimination, battle management, exo-atmospheric kill vehicle capability, and related functions; (vii) the potential for future enhancement and deployment of the Standard Missile-3 Block IIA interceptor to augment United States homeland ballistic missile defense; (viii) missile defense options to defend the United States homeland against ballistic missiles that could be launched from vessels on the seas around the United States, including the Gulf of Mexico, or other ballistic missile threats that could approach the United States from the south, should such a threat arise in the future; and (ix) any other options the Secretary considers appropriate. (3) Evaluation of potential options For each option described under paragraph (2)(D), the Secretary shall provide an evaluation of the advantages and disadvantages of such option. The evaluation of each such option shall include consideration of the following: (A) Technical feasibility. (B) Operational effectiveness and utility against the projected future threat. (C) Cost, cost effectiveness, and affordability. (D) Schedule considerations. (E) Agility to respond to changes in future threat evolution. (4) Conclusions and recommendations Based on the evaluation required by paragraph (3), the Secretary shall include in the report required by paragraph (1) such findings, conclusions, and recommendations as the Secretary considers appropriate for potential future options for United States homeland ballistic missile defense. (5) Form The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. 232. Regional ballistic missile defense (a) Findings Congress makes the following findings: (1) In the introduction to the Ballistic Missile Defense Review of February 2010, Secretary of Defense Robert Gates wrote that I have made defending against near-term regional threats a top priority of our missile defense plans, programs and capabilities (2) In describing the threat of regional ballistic missiles, the report of the Ballistic Missile Defense Review stated that there is no uncertainty about the existence of regional threats. They are clear and present. The threat from short-range, medium-range, and intermediate-range ballistic missiles (SRBMs, MRBMs, and IRBMs) in regions where the United States deploys forces and maintains security relationships is growing at a particularly rapid pace (3) North Korea has hundreds of regional ballistic missiles, including short-range Scud missiles and medium-range Nodong missiles. North Korea also has publicly displayed, but not flight-tested, intermediate-range Musudan missiles. These regional missiles can reach United States forces and allies in South Korea and Japan, and perhaps Guam. In the spring of 2013, North Korea made public threats to use nuclear weapons and ballistic missiles against South Korea, Japan, and Guam. (4) In response to these threats from North Korea, the United States deployed Aegis Ballistic Missile Defense ships, armed with Standard Missile–3 interceptors, to the waters near the Korean Peninsula, and a Terminal High Altitude Area Defense (THAAD) battery to Guam. It also deployed the Sea-Based X-band missile defense radar into the Pacific Ocean to enhance United States missile defense capabilities. On March 15, 2013, Secretary of Defense Hagel announced a series of planned steps to enhance missile defense, including the deployment of a second AN/TPY–2 missile defense radar in Japan to improve regional and homeland defense against North Korean missiles. As part of their response to the provocations of North Korea, South Korea deployed vessels equipped with Aegis missile defense radars, and Japan deployed its Aegis Ballistic Missile Defense ships, equipped with Standard Missile–3 interceptors. (5) Iran has the largest inventory of regional ballistic missiles in the Middle East, with hundreds of missiles that can reach as far as southeastern Europe and all of the Middle East, including Israel. Iran is improving its existing missiles and developing new and longer-range regional missiles. (6) In September 2009, President Barack Obama announced that he had accepted the unanimous recommendation of the Secretary of Defense and the Joint Chiefs of Staff to establish a European Phased Adaptive Approach (EPAA) to missile defense, designed to protect deployed United States forces, allies, and partners in Europe against the large and growing threat of ballistic missiles from Iran. (7) In November 2010, at the Lisbon Summit, the North Atlantic Treaty Organization (NATO) decided to adopt the core mission of missile defense of its population, territory, and forces. The North Atlantic Treaty Organization agreed to enhance its missile defense command and control system, the Active Layered Theater Ballistic Missile Defense, to provide a North Atlantic Treaty Organization command and control capability. This is in addition to voluntary contributions of missile defense capabilities from individual nations. (8) During 2011, the United States successfully implemented Phase 1 of the European Phased Adaptive Approach, including deployment of an AN/TPY–2 radar in Turkey, deployment of an Aegis Ballistic Missile Defense ship in the eastern Mediterranean Sea with Standard Missile–3 Block IA interceptors, and the establishment of a missile defense command and control system in Germany. (9) Phase 2 of the European Phased Adaptive Approach is planned for deployment around 2015, and is planned to include the deployment of Standard Missile–3 Block IB interceptors on Aegis Ballistic Missile Defense ships and at an Aegis Ashore site in Romania. (10) Phase 3 of the European Phased Adaptive Approach is planned for deployment around 2018, and is planned to include the deployment of Standard Missile–3 Block IIA interceptors on Aegis Ballistic Missile Defense ships and at an Aegis Ashore site in Poland. (11) At the North Atlantic Treaty Organization Summit in Chicago in May 2012, the North Atlantic Treaty Organization announced it had achieved an interim capability (12) The United States has a robust program of missile defense cooperation with Israel, including joint development of the Arrow Weapon System and the new Arrow–3 interceptor, designed to defend Israel against ballistic missiles from Iran. These jointly developed missile defense systems are designed to be interoperable with United States ballistic missile defenses, and these interoperable systems are tested in large joint military exercises, such as Austere Challenge (13) The United States is working with the nations of the Gulf Cooperation Council on enhanced national and regional missile defense capabilities against the growing missile threat from Iran. As part of this effort, the United Arab Emirates plans to purchase two Terminal High Altitude Area Defense batteries, as well as other equipment. During 2012, the United States deployed an AN/TPY–2 radar in the United States Central Command area of responsibility to enhance missile defense capability of forward-deployed United States forces, allies, and partners against missiles from Iran. (14) The United States has a strong program of missile defense cooperation with Japan, including the co-development of the Standard Missile–3 Block IIA interceptor for the Aegis Ballistic Missile Defense system, intended to be deployed in Phase 3 of the European Phased Adaptive Approach, the Japanese fleet of Aegis Ballistic Missile Defense ships using Standard Missile–3 Block IA interceptors, and the United States deployment of two AN/TPY–2 radars in Japan. (b) Sense of congress It is the sense of Congress that— (1) the threat from regional ballistic missiles, particularly from North Korea and Iran, is serious and growing, and puts at risk forward-deployed United States forces, allies, and partners in the Asia-Pacific region, Europe, and the Middle East; (2) the Department of Defense has an obligation to provide force protection of forward-deployed United States forces and facilities from regional ballistic missile attack; (3) the United States has an obligation to meet its security commitments to its allies, including ballistic missile defense commitments; (4) the Department of Defense has a balanced program of investment and capabilities to provide for both homeland defense and regional defense against ballistic missiles, consistent with the Ballistic Missile Defense Review and with the prioritized and integrated needs of the commanders of the combatant commands; (5) elements of United States regional missile defenses enhance and enable the homeland defense capabilities of the United States, including forward-deployed radars and defense of critical forward-deployed missile defense systems; (6) the European Phased Adaptive Approach to missile defense is an appropriate and prudent response to the existing and growing ballistic missile threat from Iran to forward-deployed United States forces, allies, and partners in Europe; (7) the Department of Defense should, as a high priority, continue to develop, test, and plan to deploy Phases 2 and 3 of the European Phased Adaptive Approach, including the planned Aegis Ashore sites in Romania and Poland; (8) the Department of Defense should also continue with its other phased and adaptive regional missile defense efforts tailored to the Middle East and the Asia-Pacific region; (9) European members of the North Atlantic Treaty Organization are making valuable contributions to missile defense in Europe, by hosting elements of United States missile defense systems on their territories, through individual national contributions to missile defense capability, and by collective funding and development of the Active Layered Theater Ballistic Missile Defense system; (10) the actions taken by the Department of Defense to improve its regional missile defense posture in response to the provocative actions and threats of North Korea were prudent and appropriate and demonstrated the flexible and adaptive nature of its regional missile defense capabilities, which allows for surge deployments to meet regional contingencies in a timely manner; and (11) Japan and South Korea are making notable progress in enhancing their missile defense capabilities, in partnership with the United States, to protect against regional missiles from North Korea. (c) Report (1) Report required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the status and progress of regional missile defense programs and efforts. (2) Elements The report required by paragraph (1) shall include the following: (A) A description of the overall risk assessment from the most recent Global Ballistic Defense Assessment of regional missile defense capabilities relative to meeting the operational needs of the commanders of the geographic combatant commands, including the need for force protection of United States forward-deployed forces and capabilities and for defense of allies and partners. (B) An assessment whether the currently planned European Phased Adaptive Approach and other planned regional missile defense approaches and capabilities of the United States meet the integrated priorities of the commanders of the geographic combatant commands in an affordable and balanced manner. (C) A description of the progress made in the development and testing of elements of systems intended for deployment in Phases 2 and 3 of the European Phased Adaptive Approach, including the Standard Missile–3 Block IB and IIA interceptors and the Aegis Ashore system. (D) A description of the manner in which elements of regional missile defense architectures, such as forward-based X-band radars in Japan, Israel, Turkey, and the area of responsibility of the United States Central Command, contribute to the enhancement of the homeland defense of the United States. (E) A description of the manner in which enhanced integration of offensive military capabilities and defensive missile defense capabilities will fit into regional missile defense planning and force structure assessments. (3) Form The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. 233. Missile defense cooperation with Russia (a) Findings Congress makes the following findings: (1) For more than a decade, the United States and Russia have discussed a variety of options for cooperation on shared early warning and ballistic missile defense. For example, on May 1, 2001, President George W. Bush spoke of a new cooperative relationship it should be premised on openness, mutual confidence and real opportunities for cooperation, including the area of missile defense. It should allow us to share information so that each nation can improve its early warning capability, and its capability to defend its people and territory. And perhaps one day, we can even cooperate in a joint defense (2) Section 1231 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398 joint center for the exchange of data from systems to provide early warning of launches of ballistic missiles and for notification of launches of such missiles (3) On March 31, 2008, Deputy Secretary of Defense Gordon England stated that we have offered Russia a wide-ranging proposal to cooperate on missile defense—everything from modeling and simulation, to data sharing, to joint development of a regional missile defense architecture—all designed to defend the United States, Europe, and Russia from the growing threat of Iranian ballistic missiles. An extraordinary series of transparency measures have also been offered to reassure Russia. Despite some Russian reluctance to sign up to these cooperative missile defense activities, we continue to work toward this goal (4) The February 2010 report of the Ballistic Missile Defense Review established as one of its central policy pillars that increased international missile defense cooperation is in the national security interest of the United States and, with regard to cooperation with Russia, the United States is pursuing a broad agenda focused on shared early warning of missile launches, possible technical cooperation, and even operational cooperation (5) At the November 2010 Lisbon Summit, the North Atlantic Treaty Organization (NATO) decided to develop a missile defense system to protect NATO European populations, territory and forces invite Russia to explore jointly the potential for linking current and planned missile defense systems at an appropriate time in mutually beneficial ways we will actively seek cooperation on missile defense with Russia NATO-Russia cooperation is of strategic importance the security of the North Atlantic Treaty Organization and Russia is intertwined (6) In a December 18, 2010, letter to the leadership of the Senate, President Obama wrote that the North Atlantic Treaty Organization invited Russia to cooperate on missile defense, which could lead to adding Russian capabilities to those deployed by NATO to enhance our common security against common threats. The Lisbon Summit thus demonstrated that the Alliance's missile defenses can be strengthened by improving NATO-Russian relations. This comes even as we have made clear that the system we intend to pursue with Russia will not be a joint system, and it will not in any way limit United States' or NATO's missile defense capabilities. Effective cooperation with Russia could enhance the overall efficiency of our combined territorial missile defenses, and at the same time provide Russia with greater security (7) Section 221(a)(3) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 to support the efforts of the United States Government and the North Atlantic Treaty Organization to pursue cooperation with the Russian Federation on ballistic missile defense relative to Iranian missile threats (8) In a speech in Russia on March 21, 2011, Secretary of Defense Robert Gates cited the NATO-Russian decision to cooperate on defense against ballistic missiles. We've disagreed before, and Russia still has uncertainties about the European Phased Adaptive Approach, a limited system that poses no challenges to the large Russian nuclear arsenal. However, we've mutually committed to resolving these difficulties in order to develop a roadmap toward truly effective anti-ballistic missile collaboration. This collaboration may include exchanging launch information, setting up a joint data fusion center, allowing greater transparency with respect to our missile defense plans and exercises, and conducting a joint analysis to determine areas of future cooperation (9) In testimony to the Committee on Armed Services of the Senate on April 13, 2011, Deputy Assistant Secretary of Defense for Nuclear and Missile Defense Policy Bradley H. Roberts stated that the United States has been pursuing a Defense Technology Cooperation Agreement with Russia since 2004, and that such an agreement is necessary for the safeguarding of sensitive information in support of cooperation provide the legal framework for undertaking cooperative efforts (10) In a March 2012 answer to a question from the Committee on Armed Services of the Senate on missile defense cooperation with Russia, Acting Under Secretary of Defense for Policy Jim Miller wrote that I support U.S.-Russian cooperation on missile defenses first and foremost because it could improve the effectiveness of U.S. and NATO missile defenses, thereby improving the protection of the United States, our forces overseas, and our Allies. Missile defense cooperation with Russia is in the security interests of the United States, NATO, and Russia, first and foremost because it could strengthen capabilities across Europe to intercept Iranian missiles [t]he United States has pursued missile defense cooperation with Russia with the clear understanding that we would not accept constraints on missile defense, and that we would undertake necessary qualitative and quantitative improvements to meet U.S. Security needs (11) In February 2012, an international group of independent experts known as the Euro-Atlantic Security Initiative issued a report proposing missile defense cooperation between the United States (with its North Atlantic Treaty Organization allies) and Russia. The group, whose leaders included Stephen Hadley, the National Security Advisor to President George W. Bush, proposed that the nations share satellite and radar early warning data at joint cooperation centers in order to improve their ability to detect, track, and defeat medium-range and intermediate-range ballistic missiles from the Middle East. (12) In a letter dated April 13, 2012, Robert Nabors, Assistant to the President and Director of the Office of Legislative Affairs, wrote that it is Administration policy that we will only provide information to Russia that will enhance the effectiveness of our missile defenses. The Administration will not provide Russia with sensitive information that would in any way compromise our national security, including hit-to-kill technology and interceptor telemetry (13) The May 20, 2012, NATO Chicago Summit Declaration included the following statement: Given our shared security interests with Russia, we remain committed to cooperation on missile defense in the spirit of mutual trust and reciprocity, such as the recent [NATO-Russia Council] Theatre Missile Defense Exercise. Through ongoing efforts in the NATO-Russia Council, we seek to determine how independent NATO and Russian missile defense systems can work together to enhance European security. We look forward to establishing the proposed joint NATO-Russia Missile Data Fusion Centre and the joint Planning Operations Centre to cooperate on missile defense. We propose to develop a transparency regime based upon a regular exchange of information about the current respective missile defense capabilities of NATO and Russia (14) The United States currently has agreements and programs of cooperation on shared early warning with eight nations in addition to the North Atlantic Treaty Organization. The United States has developed procedures and mechanisms for sharing early warning information with partner nations while ensuring the protection of sensitive United States information. (15) Russia and the United States each have ballistic missile launch early warning and detection and tracking sensors that could contribute to and enhance each others' ability to detect, track, and defend against ballistic missile threats from Iran. (16) The Obama Administration has provided regular briefings to Congress on its discussions with Russia on possible missile defense cooperation. (b) Sense of Congress It is the sense of Congress that— (1) it is in the national security interest of the United States to pursue efforts at missile defense cooperation with Russia that would enhance the security of the United States, its North Atlantic Treaty Organization allies, and Russia, particularly against missile threats from Iran; (2) the United States should pursue ballistic missile defense cooperation with Russia on both a bilateral basis and a multilateral basis with its North Atlantic Treaty Organization allies, particularly through the NATO-Russia Council, when it is in the national security interests of the United States to do so; (3) missile defense cooperation with Russia should not in any way limit United States' or NATO's missile defense capabilities (4) the United States should not provide Russia with sensitive missile defense information that would in any way compromise United States national security, including hit-to-kill (5) the United States should pursue missile defense cooperation with Russia in a manner that ensures that— (A) United States classified information is appropriately safeguarded and protected from unauthorized disclosure; (B) prior to entering into missile defense technology cooperation projects, the United States enters into a Defense Technology Cooperation Agreement with Russia that establishes the legal framework for a broad spectrum of potential cooperative defense projects; and (C) such cooperation does not limit the missile defense capabilities of the United States or its North Atlantic Treaty Organization allies; and (6) the sovereignty of the United States and its ability to unilaterally pursue its own missile defense program shall be protected. (c) Limitation on use of funds To provide Russian Federation access to certain missile defense information No funds authorized to be appropriated or otherwise made available for fiscal year 2014 for the Department of Defense may be used to provide the Russian Federation with sensitive missile defense information that would in any way compromise United States national security, including hit-to-kill 234. Additional missile defense radar for the protection of the United States homeland (a) In general The Missile Defense Agency shall deploy an X-band radar, or other comparable sensor, at a location optimized to support the defense of the United States homeland against long-range ballistic missile threats. (b) Funding Of the amount authorized to be appropriated by section 201 for fiscal year 2014 for the Department of Defense for research, development, test, and evaluation, Defense-wide, for the Missile Defense Agency for BMD Sensors (PE 63884C) as specified in the funding table in section 4201, $30,000,000 is available for initial costs toward deployment of the radar required by subsection (a). 235. Evaluation of options for future ballistic missile defense sensor architectures (a) Evaluation required (1) In general The Secretary of Defense shall conduct an evaluation of options and alternatives for future sensor architectures for ballistic missile defense in order to enhance United States ballistic missile defense capabilities. (2) Scope of evaluation In conducting the evaluation, the Secretary shall consider a wide range of options for a future sensor architecture for ballistic missile defense, including options for future development, integration, exploitation, and deployment of sensor systems and assets. (3) Objective The objective of the evaluation shall be to identify one or more future sensor architectures for ballistic missile defense that will result in an improvement of the performance of the Ballistic Missile Defense System in a cost-effective, operationally effective, timely, and affordable manner. (b) Elements To be evaluated The evaluation required by subsection (a) shall include a consideration of the following: (1) Sensor types The types of sensors as follows: (A) Radar. (B) Infrared. (C) Optical and electro-optical. (D) Directed energy. (2) Sensor modes Deployment modes of sensors as follows: (A) Ground-based sensors. (B) Sea-based sensors. (C) Airborne sensors. (D) Space-based sensors. (3) Sensor functions Missile defense-related sensor functions as follows: (A) Detection. (B) Tracking. (C) Characterization. (D) Classification. (E) Discrimination. (F) Debris mitigation. (G) Kill assessment. (4) Sensor architecture capabilities Maximization or improvement of sensor-related capabilities as follows: (A) Handling of increasing raid sizes. (B) Precision tracking of threat missiles. (C) Providing fire-control quality tracks of evolving threat missiles. (D) Enabling launch-on-remote and engage-on-remote capabilities. (E) Discriminating lethal objects (warheads) from other objects. (F) Effectively assessing the results of engagements. (G) Enabling enhanced shot doctrine. (c) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report setting forth the results of the evaluation required by subsection (a). The report shall include such findings, conclusions, and recommendations on future sensor architectures for ballistic missile defense as the Secretary considers appropriate in light of the evaluation. (2) Form The report shall be submitted in unclassified form, but may include a classified annex. 236. Prohibition on the use of funds for the MEADS program None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the Department of Defense may be obligated or expended for the medium extended air defense system. D Reports and Other Matters 251. Annual Comptroller General of the United States report on the acquisition program for the VXX Presidential Helicopter (a) Annual GAO review The Comptroller General of the United States shall conduct on an annual basis a review of the acquisition program for the VXX Presidential Helicopter aircraft. (b) Annual reports (1) In general Not later than March 1 each year, the Comptroller General shall submit to the congressional defense committees a report on the review of the acquisition program for the VXX Presidential Helicopter aircraft conducted under subsection (a) during the preceding year. (2) Elements Each report under paragraph (1) shall include such matters as the Comptroller General considers appropriate to fully inform the congressional defense committees of the stage of the acquisition process for the VXX Presidential Helicopter aircraft covered by the review described in such report. Such matters may include the following: (A) The extent to which the acquisition program for the VXX Presidential Helicopter aircraft is meeting cost, schedule, and performance goals. (B) The progress and results of developmental testing. (C) An assessment of the acquisition strategy for the program, including whether the strategy is consistent with acquisition management best practices identified by the Comptroller General for purposes of the program. (c) Sunset The requirements in this section shall cease upon the earlier of— (1) the date on which the Navy awards a contract for full rate production for the VXX Presidential Helicopter aircraft; or (2) the date on which the acquisition program for the VXX Presidential Helicopter aircraft is terminated. III Operation and Maintenance A Authorization of appropriations 301. Operation and maintenance funding Funds are hereby authorized to be appropriated for fiscal year 2014 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301. B Logistics and sustainment 311. Sustainment of critical manufacturing capabilities within Army arsenals (a) Review (1) Manufacturing requirements The Secretary of Defense, in consultation with the military services and defense agencies, shall review current and expected manufacturing requirements across the military services and defense agencies to identify critical manufacturing competencies and supplies, components, end items, parts, assemblies, and sub-assemblies for which there is no or limited domestic commercial source and which are appropriate for manufacturing within an arsenal owned by the United States in order to support critical manufacturing capabilities. (2) Mechanisms for determining manufacturing capabilities The Secretary shall review mechanisms within the Department for ensuring that appropriate consideration is given to the unique manufacturing capabilities of arsenals owned by the United States to fulfill manufacturing requirements of the Department of Defense for which there is no or limited domestic commercial capability. (b) Report required Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report including the results of the reviews conducted under subsection (a) and a description of actions planned to support critical manufacturing capabilities within arsenals owned by the United States. 312. Strategic policy for prepositioned materiel and equipment (a) Modifications to strategic policy Section 2229(a) (a) Policy required (1) In general The Secretary of Defense shall maintain a strategic policy on the programs of the Department of Defense for prepositioned materiel and equipment. Such policy shall take into account national security threats, strategic mobility, service requirements, and the requirements of the combatant commands, and shall address how the Department's prepositioning programs, both ground and afloat, align with national defense strategies and departmental priorities. (2) Elements The strategic policy required under paragraph (1) shall include the following elements: (A) Overarching strategic guidance concerning planning and resource priorities that link the Department of Defense's current and future needs for prepositioned stocks, such as desired responsiveness, to evolving national defense objectives. (B) A description of the Department's vision for prepositioning programs and the desired end state. (C) Specific interim goals demonstrating how the vision and end state will be achieved. (D) A description of the strategic environment, requirements for, and challenges associated with prepositioning. (E) Metrics for how the Department will evaluate the extent to which prepositioned assets are achieving defense objectives. (F) A framework for joint departmental oversight that reviews and synchronizes the military services’ prepositioning strategies to minimize potentially duplicative efforts and maximize efficiencies in prepositioned materiel and equipment across the Department of Defense. (3) Joint oversight The Secretary of Defense shall establish joint oversight of the military services’ prepositioning efforts to maximize efficiencies across the Department of Defense. . (b) Implementation plan (1) In general Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan for implementation of the prepositioning strategic policy required under section 2229(a) (2) Elements The implementation plan required under paragraph (1) shall include the following elements: (A) Detailed guidance for how the Department of Defense will achieve the vision, end state, and goals outlined in the strategic policy. (B) A comprehensive list of the Department's prepositioned material and equipment programs. (C) A detailed description of how the plan will be implemented. (D) A schedule with milestones for the implementation of the plan. (E) An assignment of roles and responsibilities for the implementation of the plan. (F) A description of the resources required to implement the plan. (G) A description of how the plan will be reviewed and assessed to monitor progress. (c) Comptroller General report Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Comptroller General of the United States shall review the implementation plan submitted under subsection (b) and the prepositioning strategic policy required under section 2229(a) of title 10, United States Code, as amended by subsection (a), and submit to the congressional defense committees a report describing the findings of such review and including any additional information relating to the propositioning strategic policy and plan that the Comptroller General determines appropriate. 313. Extension and modification of authority for airlift transportation at Department of Defense rates for non-Department of Defense Federal cargoes Section 2642(a) (1) in the matter preceding paragraph (1), by striking airlift transportation (2) in paragraph (3)— (A) by striking October 28, 2014 September 30, 2019 (B) by striking airlift transportation (C) by inserting , and for military transportation services provided in support of foreign military sales, Department of Defense (D) by striking air industry transportation industry C Readiness 321. Modification of authorities on prioritization of funds for equipment readiness and strategic capability (a) Inclusion of Marine Corps in requirements Section 323 of the John Warner National Defense Authorization Act for Fiscal Year 2007 ( 10 U.S.C. 229 (1) in subsection (a), by striking paragraph (2) and inserting the following new paragraph (2): (2) the Secretary of the Army to meet the requirements of the Army, and the Secretary of the Navy to meet the requirements of the Marine Corps, for that fiscal year, in addition to the requirements under paragraph (1), for the reconstitution of equipment and materiel in prepositioned stocks in accordance with requirements under the policy or strategy implemented under the guidelines in section 2229 of title 10, United States Code. ; and (2) in subsection (b)(2), by striking subparagraph (B) and inserting the following new subparagraph (B): (B) the Army and the Marine Corps for the reconstitution of equipment and materiel in prepositioned stocks. . (b) Repeal of requirement for annual Army report and GAO review Such section is further amended by striking subsections (c) through (f) and inserting the following new subsection (c): (c) Contingency operation defined In this section, the term contingency operation . 322. Strategic policy for the retrograde, reconstitution, and replacement of operating forces used to support overseas contingency operations (a) Establishment of policy (1) In general The Secretary of Defense shall establish a policy setting forth the programs and priorities of the Department of Defense for the retrograde, reconstitution, and replacement of units and materiel used to support overseas contingency operations. The policy shall take into account national security threats, the requirements of the combatant commands, the current readiness of the operating forces of the military departments, and risk associated with strategic depth and the time necessary to reestablish required personnel, equipment, and training readiness in such operating forces. (2) Elements The policy required under paragraph (1) shall include the following elements: (A) Establishment and assignment of responsibilities and authorities within the Department for oversight and execution of the planning, organization, and management of the programs to reestablish the readiness of redeployed operating forces. (B) Guidance concerning priorities, goals, objectives, timelines, and resources to reestablish the readiness of redeployed operating forces in support of national defense objectives and combatant command requirements. (C) Oversight reporting requirements and metrics for the evaluation of Department of Defense and military department progress on restoring the readiness of redeployed operating forces in accordance with the policy required under paragraph (1). (D) A framework for joint departmental reviews of military services’ annual budgets proposed for retrograde, reconstitution, or replacement activities, including an assessment of the strategic and operational risk assumed by the proposed levels of investment across the Department of Defense. (b) Implementation plan (1) In general Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan for implementation of the policy required under this section. (2) Elements The implementation plan required under paragraph (1) shall include the following elements: (A) The assignment of responsibilities and authorities for oversight and execution of the planning, organization, and management of the programs to reestablish the readiness of redeployed operating forces. (B) Establishment of priorities, goals, objectives, timelines, and resources to reestablish the readiness of redeployed operating forces in support of national defense objectives and combatant command requirements. (C) A description of how the plan will be implemented, including a schedule with milestones to meet the goals of the plan. (D) An estimate of the resources by military service and by year required to implement the plan, including an assessment of the risks assumed in the plan. (3) Updates Not later than one year after submitting the plan required under paragraph (1), and annually thereafter for two years, the Secretary of Defense shall submit to the congressional defense committees an update on progress toward meeting the goals of the plan. (c) Comptroller general report Not later than 180 days after the date of the enactment of this Act, and annually thereafter for three years, the Comptroller General of the United States shall review the implementation plan submitted under subsection (b) and the policy required by subsection (a), and submit to the congressional defense committees a report describing the findings of such review and progress made toward meeting the goals of the plan and including any additional information relating to the policy and plan that the Comptroller General determines appropriate. D Reports 331. Strategy for improving asset visibility and in-transit visibility (a) Strategy and implementation plans (1) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a comprehensive strategy for improving asset visibility tracking and in-transit visibility across the Department of Defense, together with the plans of the military departments for implementing the strategy. (2) Elements The strategy and implementation plans required under paragraph (1) shall include the following elements: (A) A comprehensive statement that summarizes the main purpose of the strategy. (B) A description of the issues to be addressed by the strategy, the scope of the strategy, and the process by which it was developed. (C) The overarching goals and objectives that address the overall results desired from implementation of the strategy. (D) A description of steps to achieve those results, as well as milestones and performance measures to gauge results. (E) An estimate of the costs associated with executing the plan, and the sources and types of resources and investments, including skills, technology, human capital, information, and other resources, required to meet the goals and objectives. (F) A description of roles and responsibilities for managing and overseeing the implementation of the strategy and the establishment of mechanisms for multiple stakeholders to coordinate their efforts throughout implementation and make necessary adjustments to the strategy based on performance. (G) A description of a description of key factors external to the Department of Defense and beyond its control that could significantly affect the achievement of the long-term goals contained in the strategy. (b) Comptroller general report Not later than one year after the strategy is submitted under subsection (a), the Comptroller General shall submit to the congressional defense committees a report setting forth an assessment of the extent to which the strategy and its accompanying implementation plans— (1) include the elements set forth under subsection (a)(2); (2) align to achieve the overarching asset visibility and in-transit visibility goals and objectives of the Department of Defense; and (3) have been implemented. 332. Changes to quarterly reports on personnel and unit readiness Section 482 (1) in subsection (a)— (A) by striking The report for a quarter Each report (B) by striking (e), and (f) (f), and (g), and the reports for the second and fourth quarters of a calendar year shall also contain the information required by subsection (e) (2) in subsection (d)— (A) in paragraph (1)— (i) in subparagraph (A), by striking , including the extent , including an assessment of the manning of units (authorized versus assigned numbers of personnel) for units not scheduled for deployment and the timing of the arrival of personnel into units preparing for deployments. (ii) in subparagraph (B), by inserting unit personnel strength (B) by amending paragraph (2) to read as follows: (2) Personnel turbulence (A) Recruit quality. (B) Personnel assigned to a unit but not trained for the level of assigned responsibility or mission. (C) Fitness for deployment. (D) Recruiting and retention status. ; (C) by striking paragraph (3) and redesignating paragraph (4) as paragraph (3); and (D) in paragraph (3), as redesignated by subparagraph (C), by striking Training commitments Mission rehearsals (3) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; (4) by inserting after subsection (d)(3), as redesignated by paragraph (1)(C), the following new subsection: (e) Logistics indicators The reports for the second and fourth quarters of a calendar year shall also include information regarding the active components of the armed forces (and an evaluation of such information) with respect to each of the following logistics indicators: ; and (5) in subsection (e), as designated by paragraph (4)— (A) by redesignating paragraphs (5), (6), and (7) as paragraphs (1), (2), and (3), respectively; (B) in paragraph (1), as redesignated by subparagraph (A), by striking subparagraph (E); and (C) in paragraph (2), as so redesignated— (i) in subparagraph (A), by striking Maintenance Depot maintenance (ii) by inserting after subparagraph (A) the following new subparagraph: (B) Equipment not available due to a lack of supplies or parts. . 333. Revision to requirement for annual submission of information regarding information technology capital assets Section 351(a)(1) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 ( Public Law 107–314 in excess of $30,000,000 (as computed in fiscal year 2000 constant dollars) in excess of $32,000,000 or an estimated total cost for the future-years defense program for which the budget is submitted (as computed in fiscal year 2000 constant dollars) in excess of $378,000,000, for all expenditures, for all increments, regardless of the appropriation and fund source, directly related to the assets definition, design, development, deployment, sustainment, and disposal. 334. Modification of annual corrosion control and prevention reporting requirements Section 903(b)(5) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 (1) by inserting (A) (5) (2) by adding at the end the following new subparagraph: (B) The report required under subparagraph (A) shall— (i) provide a clear linkage between the corrosion control and prevention program of the military department and the overarching goals and objectives of the long-term corrosion control and prevention strategy developed and implemented by the Secretary of Defense under section 2228(d) (ii) include performance measures to ensure that the corrosion control and prevention program is achieving the goals and objectives described in clause (i). . E Limitations and extension of authority 341. Limitation on funding for United States Special Operations Command National Capital Region (a) Limitation None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the Department of Defense may be obligated or expended for the United States Special Operations Command National Capital Region (USSOCOM–NCR) until 30 days after the Secretary of Defense submits to the congressional defense committees a report on the USSOCOM–NCR. (b) Report elements The report required under subsection (a) shall include the following elements: (1) A description of the purpose of the USSOCOM-NCR. (2) A description of the activities to be performed by the USSOCOM–NCR. (3) An explanation of the impact of the USSOCOM-NCR on existing activities at United States Special Operations Command headquarters. (4) A detailed, by fiscal year, breakout of the staffing and other costs associated with the USSOCOM-NCR over the future years defense program. (5) A description of the relationship between the USSOCOM-NCR and the Office of the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict. (6) A description of the role of the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict in providing oversight of USSOCOM-NCR activities. (7) Any other matters the Secretary determines appropriate. 342. Limitation on funding for Regional Special Operations Coordination Centers (a) Limitation None of the funds authorized to be appropriated for fiscal year 2014 for operation and maintenance, Defense-wide, may be obligated or expended for the establishment of Regional Special Operations Coordination Centers (RSCCs). (b) Report required (1) In general Not later than September 30, 2013, the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict, in coordination with the Commander of the United States Special Operations Command, shall submit to the congressional defense committees a report on the establishment of RSCCs. (2) Elements The report required under paragraph (1) shall outline, at a minimum— (A) the requirement and justification for the establishment of RSCCs; (B) the number and locations of planned RSCCs; (C) the projected cost to establish and maintain the proposed RSCCs in future years; (D) the relevance to and coordination with other multilateral engagement activities and academic institutes supported by the geographic combatant commanders and the Department of State; and (E) any legislative authorities that may be needed to establish RSCCs. 343. Limitation on availability of funds for Trans Regional Web Initiative (TRWI) None of the funds authorized to be appropriated for fiscal year 2014 by section 301 for operation and maintenance, Defense-wide, may be obligated or expended to continue the Trans Regional Web Initiative (TRWI). F Other matters 351. Revised policy on ground combat and camouflage utility uniforms (a) Establishment of policy It is the policy of the United States that the Secretary of Defense shall take steps to reduce the separate development and fielding of service-specific combat and camouflage utility uniforms, in order to collectively adopt and field the same combat and camouflage utility uniforms for use by all members of the Armed Forces to the maximum extent practicable. (b) Prohibition Except as provided in subsection (c), each military service shall be prohibited from adopting after the date of the enactment of this Act new designs for combat and camouflage utility uniforms, including uniforms reflecting changes to the fabric and camouflage patterns used in current combat and camouflage utility uniforms, unless— (1) the combat or camouflage utility uniform will be adopted by all military services; (2) the military service adopts a uniform currently in use by another military service; or (3) the Secretary of Defense grants an exception, based on unique circumstances or requirements. (c) Exception Nothing in subsection (b) shall be construed as prohibiting the development of combat and camouflage utility uniforms for use by personnel assigned to or operating in support of the unified combatant command for special operations forces described in section 167 (d) Limitation on restrictions No military service may prevent another military service from authorizing the use of any combat or camouflage utility uniform. (e) Guidance required (1) In general Not later than 60 days after the date of enactment of this Act, the Secretary of Defense shall issue guidance to implement this section. (2) Content At a minimum, the guidance required by paragraph (1) shall— (A) require the secretaries of the military departments, in cooperation with the commanders of the combatant commands, including the unified combatant command for special operations forces, to collaborate on the development of joint criteria for the design, development, fielding, and characteristics of combat and camouflage utility uniforms; (B) require the secretaries of the military departments to ensure that new combat and camouflage utility uniforms meet the geographic and operational requirements of the commanders of the combatant commands; and (C) require the secretaries of the military departments to ensure that all new combat and camouflage utility uniforms achieve interoperability with all components of individual war fighter systems, including body armor, organizational clothing and individual equipment, and other individual protective systems. (f) Repeal of policy Section 352 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 10 U.S.C. 771 352. Authorization to institute a centralized, automated mail redirection system to improve the delivery of absentee ballots to military personnel serving outside the United States The Secretary of Defense may immediately transfer up to $4,500,000 from amounts appropriated or otherwise made available for operation and maintenance for Defense-wide activities to the Postal Service Fund for purposes of implementing the modernization of the United States Postal Services's mail delivery system to improve the delivery of absentee ballots to military personnel serving outside the United States. A Active Forces 401. End strengths for active forces The Armed Forces are authorized strengths for active duty personnel as of September 30, 2014, as follows: (1) The Army, 520,000. (2) The Navy, 323,600. (3) The Marine Corps, 190,200. (4) The Air Force, 327,600. B Reserve Forces 411. End strengths for Selected Reserve (a) In general The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2014, as follows: (1) The Army National Guard of the United States, 354,200. (2) The Army Reserve, 205,000. (3) The Navy Reserve, 59,100. (4) The Marine Corps Reserve, 39,600. (5) The Air National Guard of the United States, 105,400. (6) The Air Force Reserve, 70,400. (7) The Coast Guard Reserve, 9,000. (b) End strength reductions The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by— (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year. (c) End strength increases Whenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members. 412. End strengths for Reserves on active duty in support of the reserves Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2014, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components: (1) The Army National Guard of the United States, 32,060. (2) The Army Reserve, 16,261. (3) The Navy Reserve, 10,159. (4) The Marine Corps Reserve, 2,261. (5) The Air National Guard of the United States, 14,734. (6) The Air Force Reserve, 2,911. 413. End strengths for military technicians (dual status) The minimum number of military technicians (dual status) as of the last day of fiscal year 2014 for the reserve components of the Army and the Air Force (notwithstanding section 129 (1) For the Army National Guard of the United States, 27,210. (2) For the Army Reserve, 8,395. (3) For the Air National Guard of the United States, 21,875. (4) For the Air Force Reserve, 10,429. 414. Fiscal year 2014 limitation on number of non-dual status technicians (a) Limitations (1) National Guard Within the limitation provided in section 10217(c)(2) of title 10, United States Code, the number of non-dual status technicians employed by the National Guard as of September 30, 2014, may not exceed the following: (A) For the Army National Guard of the United States, 1,600. (B) For the Air National Guard of the United States, 350. (2) Army Reserve The number of non-dual status technicians employed by the Army Reserve as of September 30, 2014, may not exceed 595. (3) Air Force Reserve The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2014, may not exceed 90. (b) Non-dual status technicians defined In this section, the term non-dual status technician 415. Maximum number of reserve personnel authorized to be on active duty for operational support During fiscal year 2014, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) (1) The Army National Guard of the United States, 17,000. (2) The Army Reserve, 13,000. (3) The Navy Reserve, 6,200. (4) The Marine Corps Reserve, 3,000. (5) The Air National Guard of the United States, 16,000. (6) The Air Force Reserve, 14,000. C Authorization of Appropriations 421. Military personnel (a) Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2014 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401. (b) Construction of authorization The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2014. V Military Personnel Policy A Officer Personnel Policy Generally 501. Service credit for cyberspace experience or advanced education upon original appointment as a commissioned officer Section 533 of title 10, United States Code, is amended— (1) in subsections (a)(2) and (c), by inserting or (g) subsection (b) (2) by adding at the end the following new subsection: (g) (1) Under regulations prescribed by the Secretary of Defense, if the Secretary of a military department determines that the number of commissioned officers with cyberspace-related experience or advanced education serving on active duty in an armed force under the jurisdiction of such Secretary is critically below the number needed, such Secretary may credit any person receiving an original appointment with a period of constructive service for the following: (A) Special experience or training in a particular cyberspace-related field if such experience or training is directly related to the operational needs of the armed force concerned. (B) Any period of advanced education in a cyberspace-related field beyond the baccalaureate degree level if such advanced education is directly related to the operational needs of the armed force concerned. (2) Constructive service credited an officer under this subsection shall not exceed one year for each year of special experience, training, or advanced education, and not more than three years total constructive service may be credited. (3) Constructive service credited an officer under this subsection is in addition to any service credited that officer under subsection (a) and shall be credited at the time of the original appointment of the officer. (4) The authority to award constructive service credit under this subsection expires on December 31, 2018. . B Reserve Component Management 506. Information to be provided to boards considering officers for selective early removal from the reserve active-status list Section 14704(a) (1) by inserting (1) Active-Status List (2) by striking all (3) by striking , in the number specified by the Secretary by each grade and competitive category (4) by adding at the end the following new paragraphs: (2) The Secretary of the military department concerned shall specify the number of officers described in paragraph (1) that a selection board convened under section 14101(b) of this title may recommend for removal from the reserve active-status list. (3) When the Secretary of the military department concerned submits a list of officers to a selection board convened under section 14101(b) of this title to consider officers for selection for removal from the reserve active-status list under this section, such list (except as provided in paragraph (4)) shall include each officer on the reserve active-status list in the same grade and competitive category whose position on the reserve active-status list is between that of the most junior officer in that grade and competitive category whose name is submitted to the board and that of the most senior officer in that grade and competitive category whose name is submitted to the board. (4) A list under paragraph (3) may not include an officer in that grade and competitive category who has been approved for voluntary retirement or who is to be involuntary retired under any provision of law during the fiscal year in which the selection board is convened or during the following fiscal year. . 507. Removal of restrictions on the transfer of officers between the active and inactive National Guard (a) Army National Guard During the period ending on December 31, 2016, under regulations prescribed by the Secretary of the Army: (1) An officer of the Army National Guard who fills a vacancy in a federally recognized unit of the Army National Guard may be transferred from the active Army National Guard to the inactive Army National Guard. (2) An officer of the Army National Guard transferred to the inactive Army National Guard pursuant to paragraph (1) may be transferred from the inactive Army National Guard to the active Army National Guard to fill a vacancy in a federally recognized unit. (b) Air National Guard During the period ending on December 31, 2016, under regulations prescribed by the Secretary of the Air Force: (1) An officer of the Air National Guard who fills a vacancy in a federally recognized unit of the Air National Guard may be transferred from the active Air National Guard to the inactive Air National Guard. (2) An officer of the Air National Guard transferred to the inactive Air National Guard pursuant to paragraph (1) may be transferred from the inactive Air National Guard to the active Air National Guard to fill a vacancy in a federally recognized unit. 508. Limitation on certain cancellations of deployment of reserve component units within 180 days of scheduled date of deployment (a) Limitation The deployment of a unit of a reserve component of the Armed Forces described in subsection (b) may not be cancelled during the 180-day period ending on the date on which the unit is otherwise scheduled for deployment without the approval, in writing, of the Secretary of Defense. (b) Covered deployments A deployment of a unit of a reserve component described in this subsection is a deployment whose cancellation as described in subsection (a) is due to the deployment of a unit of a regular component of the Armed Forces to carry out the mission for which the unit of the reserve component was otherwise to be deployed. (c) Nondelegation of approval The Secretary may not delegate the approval of cancellations of deployments under subsection (a). (d) Notice to Congress and Governors On approving the cancellation of deployment of a unit under subsection (a), the Secretary shall submit to the congressional defense committees and the Governor concerned a notice on the approval of cancellation of deployment of the unit. 509. National Guard Youth Challenge Program (a) In general Subsection (a) of section 509 may use shall use (b) Conduct of program Subsection (b) of such section is amended— (1) in paragraph (1)— (A) by striking Secretary of Defense Chief of the National Guard Bureau (B) by striking Secretary Chief of the National Guard Bureau (2) in paragraph (2)— (A) by inserting of Defense Secretary (B) in subparagraph (A), by striking , except that $62,500,000 (3) in paragraph (4), by striking may use shall use (c) Persons eligible to participate Subsection (e) of such section is amended by striking Secretary of Defense Chief of the National Guard Bureau (d) Report Subsection (k) of such section is amended— (1) by striking Secretary of Defense Chief of the National Guard Bureau (2) by striking Secretary Chief of the National Guard Bureau C General Service Authorities 511. Expansion and enhancement of authorities relating to protected communications of members of the Armed Forces and prohibited retaliatory actions (a) Expansion of prohibited retaliatory personnel actions Subsection (b) of section 1034 (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by inserting or being perceived as making or preparing making or preparing (B) in subparagraph (A), by striking or (C) in subparagraph (B)— (i) in clause (i), by inserting or a representative of a Member of Congress a Member of Congress (ii) in clause (iv), by striking or (iii) by redesignating clause (v) as clause (vi); (iv) by inserting after clause (v) the following new clause (v): (v) a court, grand jury, or court-martial proceeding, or an authorized official of the Department of Justice or another law enforcement agency; or ; and (v) in clause (vi), as redesignated by clause (iii) of this subparagraph, by striking the period at the end and inserting ; or (D) by adding at the end the following new subparagraph: (C) testimony, or otherwise participating in or assisting in an investigation or proceeding related to a communication under subparagraph (A) or (B), or filing, causing to be filed, participating in, or otherwise assisting in an action brought under this section. ; and (2) in paragraph (2), by inserting after any favorable action , or a significant change in a member's duties or responsibilities not commensurate with the member's grade (b) Inspector General investigations of allegations Subsection (c) of such section is amended— (1) in paragraph (1), by striking paragraph (3) paragraph (4) (2) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; (3) by inserting after paragraph (2) the following new paragraph (3): (3) A communication described in paragraph (2) shall not be excluded from the protections provided in this section because— (A) the communication was made to a person who participated in an activity that the member reasonably believed to be covered by paragraph (2); (B) the communication revealed information that had previously been disclosed; (C) of the member’s motive for making the communication; (D) the communication was not made in writing; (E) the communication was made while the member was off duty; (F) the communication was made during the normal course of duties of the member. ; and (4) in paragraph (5), as so redesignated— (A) by striking paragraph (3)(A) paragraph (4)(A) (B) by striking paragraph (3)(D) paragraph (4)(D) (C) by striking 60 days 180 days (c) Inspector General investigations of underlying allegations Subsection (d) of such section is amended by striking subparagraph (A) or (B) of subsection (c)(2) subparagraph (A), (B), or (C) of subsection (c)(2) (d) Reports on investigations Subsection (e) of such section is amended— (1) in paragraph (1)— (A) by striking subsection (c)(3)(E) subsection (c)(4)(E) (B) by inserting and the Secretary of the military department concerned the Secretary of Defense (C) by striking to the Secretary, to such Secretaries, (2) in paragraph (3), by inserting and the Secretary of the military department concerned the Secretary of Defense (e) Action in case of violations Such section is further amended— (1) by redesignating subsections (f), (g), (h), and (i) as subsections (g), (h), (j), and (k), respectively; and (2) by inserting after subsection (e) the following new subsection (f): (f) Action in case of violations (1) Not later than 30 days after receiving a report from the Inspector General under subsection (e), the Secretary of Homeland Security or the Secretary of the military department concerned, as applicable, shall determine whether there is sufficient basis to conclude whether a personnel action prohibited by subsection (b) has occurred, and, if so, shall order such action as is necessary to correct the record of a personnel action prohibited by subsection (b). Such Secretary shall take any appropriate disciplinary action against the individual who committed such prohibited personnel action. (2) If the Secretary of Homeland Security or the Secretary of the military department concerned, as applicable, determines that an order for corrective or disciplinary action is not appropriate, not later than 30 days after making the determination, such Secretary shall— (A) provide to the Secretary of Defense and the member or former member, a notice of the determination and the reasons for not taking action; or (B) refer the report to the appropriate board for the correction of military records for further review under subsection (g). . (f) Correction of records Subsection (g) of such section, as redesignated by subsection (e)(1) of this section, is further amended— (1) in paragraph (1), by adding at the end the following new sentence: In a case referred to a board by the Secretary of Homeland Security or the Secretary of a military department when such Secretary has determined that a personnel action prohibited by subsection (b) has occurred, the board shall review the matter. (2) in paragraph (3), by striking board elects to hold board holds (g) Review Subsection (h) of such section, as redesignated by subsection (e)(1) of this section, is further amended by striking subsection (f) subsection (g) 512. Enhancement of protection of rights of conscience of members of the Armed Forces and chaplains of such members (a) In general Subsection (a)(1) of section 533 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 (1) by striking The Armed Forces shall accommodate the beliefs Unless it could have an adverse impact on military readiness, unit cohesion, and good order and discipline, the Armed Forces shall accommodate individual expressions of belief (2) by inserting sincerely held conscience (3) by striking use such beliefs use such expression of belief (b) Regulations The implementing regulations required by subsection (c) of such section shall be prescribed by not later than 120 days after the date of the enactment of this Act. In prescribing such regulations, the Secretary of Defense shall consult with the official military faith-group representatives who endorse military chaplains. 513. Department of Defense Inspector General reports on compliance with requirements for the protection of rights of conscience of members of the Armed Forces and their chaplains (a) Report on assessment (1) In general Not later than 180 days after the date on which the regulations required by subsection (c) of section 533 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 (2) Elements The report required by paragraph (1) shall include the following: (A) An analysis of the regulations referred to in paragraph (1) for purposes of implementing the requirements of section 533 of the National Defense Authorization Act for Fiscal Year 2013, and an analysis of the compliance of the Department of Defense with that section and such regulations. The analysis shall include a review of the use by the Secretary and the Department of policy recommendations from nongovernment organizations for purposes of that section and such regulations, and an assessment whether the Department is seeking a wide variety of perspectives from outside nongovernment organizations with respect to policy on religious beliefs and expression for such purposes. (B) An anonymous survey of a representative sample of members of the Armed Forces as to whether they have experienced or witnessed adverse personnel actions, discrimination, or denials of promotion, schooling, training, or assignment in the Armed Forces based on conscience, moral principles, or religious beliefs. (C) An anonymous survey of a representative sample of military chaplains as to whether they have experienced or witnessed adverse personnel actions, discrimination, or denials of promotion, schooling, training, or assignment in the Armed Forces due to a refusal to perform any rite, ritual, or ceremony that violates their conscience, moral principles, or religious beliefs. (b) Report on investigation into compliance (1) In general Not later than 18 months after the date on which the regulations required by subsection (c) of section 533 of the National Defense Authorization Act for Fiscal Year 2013 are prescribed, the Inspector General of the Department of Defense shall submit to the congressional defense committees a report setting forth the results of an investigation by the Inspector General into the compliance by the Armed Forces with the elements of the regulations on adverse personnel actions, discrimination, or denials of promotion, schooling, training, or assignment for members of the Armed Forces based on conscience, moral principles, or religious beliefs. (2) Elements The report required by paragraph (1) shall include an identification of the number of times the Inspector General or the Inspector General of a military department was contacted during the 18-month period beginning on the date the regulations were prescribed regarding an incident involving the conscience, moral principles, or religious beliefs of a member of the Armed Forces. (c) Consultation In conducting any analysis, investigation, or survey for purposes of this section, the Inspector General shall consult with the Armed Forces Chaplains Board, as appropriate. D Member Education and Training 521. Authority for joint professional military education Phase II instruction and credit to be offered and awarded through senior-level course of School of Advanced Military Studies of the United States Army Command and General Staff College Section 2151(b)(1) of title 10, United States Code, is amended by adding at the end the following new subparagraph: (E) The senior-level course of the School of Advanced Military Studies of the United States Army Command and General Staff College. . 522. Authority for Uniformed Services University of the Health Sciences to support undergraduate and other medical education and training programs for military medical personnel (a) In general Section 2112(a) (1) by striking established headquartered (2) inserting after advanced degrees , undergraduate degrees, and certificates and certifications (b) Administration Section 2113 of such title is amended— (1) in subsection (d)— (A) in the first sentence, by striking located in or near the District of Columbia (B) in the third sentence, by striking in or near the District of Columbia (C) by striking the fifth sentence; and (2) in subsection (e)(3) by inserting after programs , including undergraduate degree programs and certificate and certification programs, 523. Expansion of eligibility for associate degree programs under the Community College of the Air Force Section 9315(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: (3) Enlisted members of the armed forces other than the Air Force who are participating in joint-service medical training and education or are serving as instructors in such joint-service medical training and education. . 524. Additional requirements for approval of educational programs for purposes of certain educational assistance under laws administered by the Secretary of Defense (a) In general Chapter 101 2006a. Assistance for education and training: availability of certain assistance for use only at certain institutions of higher education (a) In general Effective as of August, 1, 2014, an individual eligible for assistance under a Department of Defense educational assistance program or authority covered by this section may, except as provided in subsection (b), only use such assistance for educational expenses incurred for an eligible program (as defined in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088)) that— (1) is offered by an institution of higher education that has entered into, and is complying with, a program participation agreement under section 487 of such Act (20 U.S.C. 1094); (2) in the case of a program designed to prepare individuals for licensure or certification in any State, meets the instructional curriculum licensure or certification requirements of such State; and (3) in the case of a program designed to prepare individuals for employment pursuant to standards developed by a State board or agency in an occupation that requires approval or licensure for such employment, is approved or licensed by such State board or agency. (b) Waiver The Secretary of Defense may, by regulation, authorize the use of educational assistance under a Department of Defense educational assistance program or authority covered by this chapter for educational expenses incurred for a program of education that is not described in subsection (a) if the program— (1) is accredited and approved by a nationally recognized accrediting agency or association; (2) was not an eligible program described in subsection (a) at any time during the most recent two-year period; (3) is a program that the Secretary determines would further the purposes of the educational assistance programs or authorities covered by this chapter, or would further the education interests of students eligible for assistance under the such programs or authorities; (4) in the case of a program that prepares individuals for licensure or certification, includes instructional curriculum that satisfies the licensure or certification requirements of each State represented by the institution as being met by such program; (5) in the case of a program designed to prepare a student for employment in a recognized occupation requiring approval or licensure for employment by a State board or agency, the program is approved or licensed by such State board or agency; and (6) the institution providing the program does not provide any commission, bonus, or other incentive payment based directly or indirectly on success in securing enrollments or financial aid to any persons or entities engaged in any student recruiting or admission activities or in making decisions regarding the award of student financial assistance, except for the recruitment of foreign students residing in foreign countries who are not eligible to receive Federal student assistance. (c) Definitions In this section: (1) The term Department of Defense educational assistance programs and authorities covered by this section (A) The programs to assist military spouses in achieving education and training to expand employment and portable career opportunities under section 1784a of this title. (B) The authority to pay tuition for off-duty training or education of members of the armed forces under section 2007 of this title. (C) The program of educational assistance for members of the Selected Reserve under chapter 1606 of this title. (D) The program of educational assistance for reserve component members supporting contingency operations and certain other operations under chapter 1607 of this title. (E) Any other program or authority of the Department of Defense for assistance in education or training carried out under the laws administered by the Secretary of Defense that is designated by the Secretary, by regulation, for purposes of this section. (2) The term institution of higher education . (b) Clerical amendment The table of sections at the beginning of chapter 101 of such title is amended by inserting after the item relating to section 2006 the following new item: 2006a. Assistance for education and training: availability of certain assistance for use only at certain institutions of higher education. . (c) Effective date The amendments made by this section shall take effect on August 1, 2014. 525. Enhancement of mechanisms to correlate skills and training for military occupational specialties with skills and training required for civilian certifications and licenses (a) Improvement of information available to members of the Armed Forces about correlation (1) In general The Secretaries of the military departments, in coordination with the Under Secretary of Defense for Personnel and Readiness, shall, to the maximum extent practicable, make information on civilian credentialing opportunities available to members of the Armed Forces beginning with, and at every stage of, training of members for military occupational specialties, in order to permit members— (A) to evaluate the extent to which such training correlates with the skills and training required in connection with various civilian certifications and licenses; and (B) to assess the suitability of such training for obtaining or pursuing such civilian certifications and licenses. (2) Coordination with Transition Goals Plans Success program Information shall be made available under paragraph (1) in a manner consistent with the Transition Goals Plans Success (GPS) program. (3) Types of information The information made available under paragraph (1) shall include, but not be limited to, the following: (A) Information on the civilian occupational equivalents of military occupational specialties (MOS). (B) Information on civilian license or certification requirements, including examination requirements. (C) Information on the availability and opportunities for use of educational benefits available to members of the Armed Forces, as appropriate, corresponding training, or continuing education that leads to a certification exam in order to provide a pathway to credentialing opportunities. (4) Use and adaptation of certain programs In making information available under paragraph (1), the Secretaries of the military departments may use and adapt appropriate portions of the Credentialing Opportunities On-line (COOL) programs of the Army and the Navy and the Credentialing and Educational Research Tool (CERT) of the Air Force. (b) Improvement of access of accredited civilian credentialing and related entities to military training content (1) In general The Secretaries of the military departments, in coordination with the Under Secretary of Defense for Personnel and Readiness, shall, to the maximum extent practicable consistent with national security and privacy requirements, make available to entities specified in paragraph (2), upon request of such entities, information such as military course training curricula, syllabi, and materials, levels of military advancement attained, and professional skills developed. (2) Entities The entities specified in this paragraph are the following: (A) Civilian credentialing agencies. (B) Entities approved by the Secretary of Veterans Affairs, or by State approving agencies, for purposes of the use of educational assistance benefits under the laws administered by the Secretary of Veterans Affairs. (3) Central repository The actions taken pursuant to paragraph (1) may include the establishment of a central repository of information on training and training materials provided members in connection with military occupational specialities that is readily accessible by entities specified in paragraph (2) in order to meet requests described in paragraph (1). 526. Coverage of military occupational specialities relating to military information technology under pilot program on receipt of civilian credentials for skills required for military occupational specialties The military occupational specialties designated for purposes of the pilot program on receipt of civilian credentials for skills required for military occupational specialities under section 558 of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 2015 note) shall include military occupational specialities relating to the military information technology workforce. 527. Sense of Senate on the Troops-to-Teachers Program It is the sense of the Senate to strongly urge the Secretary of Defense— (1) to ensure that the Troops-to-Teachers Program is a priority of the nation’s commitment to the higher education of members of the Armed Forces; and (2) to provide funds for the Troops-to-Teachers Program in order to help separating members of the Armed Forces and veterans who wish to transition into a teaching career. 528. Conforming amendment relating to renaming of North Georgia College and State University as University of North Georgia Paragraph (6) of section 2111a(f) of title 10, United States Code, is amended to read as follows: (6) University of North Georgia. . E Sexual Assault Prevention and Response and Military Justice Matters I Sexual Assault Prevention and Response 531. Prohibition on service in the Armed Forces by individuals who have been convicted of certain sexual offenses (a) Prohibition (1) In general Chapter 37 657. Prohibition on service in the armed forces by individuals convicted of certain sexual offenses (a) Prohibition on commissioning or enlistment A person who has been convicted of an offense specified in subsection (b) under Federal or State law may not be processed for commissioning or permitted to enlist in the armed forces. (b) Covered offenses An offense specified in this subsection is any felony offense as follows: (1) Rape or sexual assault. (2) Forcible sodomy. (3) Incest. (4) An attempt to commit an offense specified in paragraph (1) through (3), as punishable under applicable Federal or State law. . (2) Clerical amendment The table of sections at the beginning of chapter 37 of such title is amended by adding at the end the following new item: 657. Prohibition on service in the armed forces by individuals convicted of certain sexual offenses. . (b) Repeal of superseded prohibition Section 523 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 532. Temporary administrative reassignment or removal of a member of the Armed Forces on active duty who is accused of committing a sexual assault or related offense (a) In general Chapter 39 674. Temporary administrative reassignment or removal of a member on active duty accused of committing a sexual assault or related offense (a) Guidance for timely consideration and action The Secretary concerned may provide guidance, within guidelines provided by the Secretary of Defense, for commanders regarding their authority to make a timely determination, and to take action, regarding whether a member of the armed forces serving on active duty who is alleged to have committed an offense under section 920, 920a, 920b, 920c, or 925 of this title (article 120, 120a, 120b, 120c, or 125 of the Uniform Code of Military Justice) or an attempt to commit such an offense as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice) should be temporarily reassigned or removed from a position of authority or from an assignment, not as a punitive measure, but solely for the purpose of maintaining good order and discipline within the member's unit. (b) Time for determination A determination described in subsection (a) may be made at any time afer receipt of notification of an unrestricted report of a sexual assault or other sex-related offense that identifies the member as an alleged perpetrator. . (b) Clerical amendment The table of sections at the beginning of chapter 39 of such title is amended by inserting after the item relating to section 673 the following new item: 674. Temporary administrative reassignment or removal of a member on active duty accused of committing a sexual assault or related offense. . (c) Additional training requirement for commanders The Secretary of Defense shall provide for inclusion of information and discussion regarding the availability and use of the authority described by section 674 10 U.S.C. 1561 533. Issuance of regulations applicable to the Coast Guard regarding consideration of request for permanent change of station or unit transfer by victim of sexual assault Section 673(b) of title 10, United States Code, is amended by striking The Secretaries of the military departments The Secretary concerned 534. Inclusion and command review of information on sexual-related offenses in personnel service records of members of the Armed Forces (a) Information on substantiated reports on sexual-Related offenses (1) In general If a complaint of a sexual-related offense is made against a member of the Armed Forces and the complaint is substantiated and the member is convicted by court-martial or receives non-judicial punishment or administrative action for such sexual-related offense, a notation to that effect shall be placed in the personnel service record of the member, regardless of the member's grade. (2) Purpose The purpose of the inclusion of information in personnel service records under paragraph (1) is to alert commanders to the members of their command who have received courts-martial conviction, non-judicial punishment, or administrative action for sexual-related offenses in order to reduce the likelihood that repeat offenses will escape the notice of commanders. (b) Limitation on placement A notation under subsection (a) may not be placed in the restricted section of the personnel service record of a member. (c) Construction Nothing in subsection (a) or (b) may be construed to prohibit or limit the capacity of a member of the Armed Forces to challenge or appeal the placement of a notation, or location of placement of a notation, in the member's personnel service record in accordance with procedures otherwise applicable to such challenges or appeals. (d) Substantiated complaints For purposes of implementing this section, the Secretary of Defense shall use the definition of substantiated developed for purposes of the annual report on sexual assaults involving members of the Armed Forces prepared under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( 10 U.S.C. 1561 (e) Command review of history of sexual-Related offenses of members upon assignment or transfer to new unit (1) Review required Under uniform regulations prescribed by the Secretary of Defense, the commanding officer of a facility, installation, or unit to which a member of the Armed Forces described in paragraph (2) is permanently assigned or transferred shall review the history of substantiated sexual offenses of the member in order to familiarize such officer with such history of the member. (2) Covered members A member of the Armed Forces described in this paragraph is a member of the Armed Forces who, at the time of assignment or transfer as described in paragraph (1), has a history of one or more substantiated sexual offenses as documented in the personnel service record of such member or such other records or files as the Secretary shall specify in the regulations prescribed under paragraph (1). 535. Enhanced responsibilities of Sexual Assault Prevention and Response Office for Department of Defense sexual assault prevention and response program (a) In general Section 1611(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( 10 U.S.C. 1561 shall— (1) Oversee development and implementation of the comprehensive policy for the Department of Defense sexual assault prevention and response program, including guidance and assistance for the military departments in addressing matters relating to sexual assault prevention and response. (2) Serve as the single point of authority, accountability, and oversight for the sexual assault prevention and response program. (3) Undertake responsibility for the oversight of the implementation of the sexual assault prevention and response program by the Armed Forces. (4) Collect and maintain data of the military departments on sexual assault in accordance with section 1615. (5) Provide oversight to ensure that the military departments maintain documents relating to the following: (A) Allegations and complaints of sexual assault involving members of the Armed Forces. (B) Courts-martial or trials of members of the Armed Forces for offenses relating to sexual assault. (6) Act as liaison between the Department of Defense and other Federal and State agencies on programs and efforts relating to sexual assault prevention and response. (7) Oversee development of strategic program guidance and joint planning objectives for resources in support of the sexual assault prevention and response program, and make recommendations on modifications to policy, law, and regulations needed to ensure the continuing availability of such resources. (8) Provide to the Secretary of Veterans Affairs any records or documents on sexual assault in the Armed Forces, including restricted reports with the approval of the individuals who filed such reports, that are required by the Secretary for purposes of the administration of the laws administered by the Secretary. . (b) Collection and maintenance of data Subtitle A of title XVI of such Act (10 U.S.C. 1561 note) is amended by adding at the end the following new section: 1615. Collection and maintenance of data of military departments on sexual assault prevention and response In carrying out the requirements of section 1611(b)(4), the Director of the Sexual Assault Prevention and Response Office shall do the following: (1) Collect from each military department on a quarterly and annual basis data of such military department on sexual assaults involving members of the Armed Forces in a manner consistent with the policy and procedures developed pursuant to section 586 of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 1561 note) that protect the privacy of individuals named in records and the status of records. (2) Maintain data collected from the military departments under paragraph (1). (3) Assemble from the data collected and maintained under this section quarterly and annual reports on the involvement of members of the Armed Forces in incidents of sexual assault. (4) Develop metrics to measure the effectiveness of, and compliance with, training and awareness objectives of the military departments on sexual assault prevention and response. (5) Establish categories of information to be provided by the military departments in connection with reports on sexual assault prevention and response, including, but not limited to, the annual reports required by section 1631, and ensure that the submittals of the military departments for purposes of such reports include data within such categories. . (c) Element on unit of accused and victim in case synopses in annual report on sexual assaults (1) In general Section 1631(f) of such Act ( 10 U.S.C. 1561 (A) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; and (B) by inserting after paragraph (4) the following new paragraph (5): (5) The case synopsis shall indicate the unit of each member of the Armed Forces accused of committing a sexual assault and the unit of each member of the Armed Forces who is a victim of sexual assault. . (2) Application of amendments The amendments made by paragraph (1) shall apply beginning with the report regarding sexual assaults involving members of the Armed Forces required to be submitted by March 1, 2014, under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011. 536. Comprehensive review of adequacy of training for members of the Armed Forces on sexual assault prevention and response (a) Comprehensive review required (1) In general The Secretary of Defense shall carry out a review of the adequacy of the training provided members of the Armed Forces on sexual assault prevention and response. (2) Responsive action Upon completion of the review under paragraph (1), the Secretary shall prescribe in regulations such modifications of the training provided members of the Armed Forces on sexual assault prevention and response as the Secretary considers appropriate to address any inadequacies in such training identified during the review. (b) Review of personnel responsible for sexual assault prevention and response activities (1) Review of personnel The Secretary shall carry out a review of the adequacy of the training, qualifications, and experience of each member of the Armed Forces and civilian employee of the Department of Defense who is assigned to a position that includes responsibility for sexual assault prevention and response within the Armed Forces for the discharge of such responsibility. (2) Assessment of certain elements of prevention and response program In carrying out the review under paragraph (1), the Secretary shall also conduct an assessment of the adequacy of the training and certifications required for certain such personnel by section 584 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 (3) Responsive personnel actions If as a result of the review under paragraph (1) the Secretary determines that any member or civilian employee described in that paragraph does not have the training, qualifications, or experience required to discharge the responsibility referred to in that paragraph, the Secretary shall take appropriate responsive actions, including— (A) re-training or re-certification of such member or civilian employee; or (B) reassigning such member or civilian employee to duties other than sexual assault prevention and response and replacing such member or civilian with a member or civilian employee qualified to discharge such responsibility. (4) Responsive actions regarding program elements Upon completion of the review under paragraph (1), the Secretary shall prescribe in regulations the following: (A) Appropriate minimum levels of training, qualifications, and experience for members of the Armed Forces and civilian personnel of the Department for the discharge of responsibilities for sexual assault prevention and response within the Armed Forces. (B) Such requirements for improvements in the training provided to members and civilian employees referred to in subparagraph (A) as the Secretary considers appropriate, including improvements to the training and certifications referred to in paragraph (2), in order to ensure that such members and civilian employees are properly trained and certified to discharge responsibilities for sexual assault prevention and response within the Armed Forces. (C) Such requirements for improvements in the processes used to select and assign personnel to sexual assault prevention and response billets as the Secretary considers appropriate to ensure that the highest caliber candidates are selected and assigned to such billets. (5) Report required Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the following: (A) The findings and responsive action taken based on review under paragraph (1). (B) Recommendations of the Secretary for such legislative action as the Secretary considers appropriate— (i) to improve training provided members of the Armed Forces on sexual assault and prevention; and (ii) to ensure that sexual assault prevention and response positions are considered career enhancing assignments. 537. Availability of Sexual Assault Response Coordinators for members of the National Guard and the Reserves Section 584(a) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 10 U.S.C. 1561 (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following new paragraph (2): (2) Availability for members of the National Guard and Reserves The Secretary of the military department concerned shall ensure that each member of the National Guard or Reserve who— (A) is the victim of a sexual assault during the performance of duties as a member of the National Guard or Reserve; or (B) is the victim of a sexual assault committed by a member of the National Guard or Reserves, has access to a Sexual Assault Response Coordinator not later than two business days following the date of such member's request for assistance from a Sexual Assault Response Coordinator. . 538. Retention of certain forms in connection with Restricted Reports and Unrestricted Reports on sexual assault involving members of the Armed Forces (a) Requirement for retention Subsection (a) of section 577 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 (1) by striking At the request of a member of the Armed Forces who files a Restricted Report on an incident of sexual assault involving the member, the Secretary of Defense shall The Secretary of Defense shall (2) by striking the Restricted Report a Restricted Report or Unrestricted Report on an incident of sexual assault involving a member of the Armed Forces (b) Conforming amendment The heading of such section is amended to read as follows: 577. Retention of certain forms in connection with Restricted Reports and Unrestricted Reports on sexual assault involving members of the Armed Forces . 539. Special Victims' Counsel for victims of sexual assault committed by members of the Armed Forces (a) Special Victims' Counsel for certain victims of sexual assault committed by members of the Armed Forces (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretaries of the military departments shall each implement a program on the provision of a Special Victims' Counsel to members of the Armed Forces, and dependents of members, who are victims of a sexual assault committed by a member of the Armed Forces. (2) Qualification An individual may not be designated as a Special Victims' Counsel under this subsection unless the individual is— (A) a judge advocate who is a graduate of an accredited law school or is a member of the bar of a Federal court or the highest court of a State; and (B) certified as competent to be designated as a Special Victims' Counsel by the Judge Advocate General of the Armed Force of which the individual is a member. (3) Duties (A) In general Subject to subparagraph (C), the duties of a Special Victims' Counsel shall include the provision of legal advice and assistance to a victim described in paragraph (1) in connection with criminal and civil legal matters related to the sexual assault committed against the victim, including the following: (i) Legal advice and assistance regarding any potential criminal liability of the victim. (ii) Legal advice and assistance regarding the victim’s responsibility to testify, and other duties to the court. (iii) Legal advice regarding the potential for civil litigation against other parties (other than the Department of Defense). (iv) Legal advice regarding any proceedings of the military justice process which the victim may observe. (v) Legal advice and assistance regarding any proceeding of the military justice process in which the victim may participate as a witness or other party. (vi) Legal advice and assistance regarding available military or civilian restraining or protective orders. (vii) Legal advice and assistance regarding available military and veteran benefits. (viii) Legal assistance in personal civil legal matters in connection with the sexual assault in accordance with section 1044 (ix) Such other legal advice and assistance as the Secretary of the military department concerned shall specify for purposes of the program implemented under this subsection. (B) Nature of relationship The relationship between a Special Victims' Counsel and a victim in the provision of legal advice and assistance shall be the relationship between an attorney and client. (b) Assistance and reporting (1) Assistance Section 1565b of title 10, United States Code, is amended— (A) by redesignating subsection (b) as subsection (c); and (B) by inserting after subsection (a) the following new subsection (b): (b) Availability of Special Victims' Counsel for victims of sexual assault committed by members of the Armed Forces (1) A member of the armed forces, or a dependent of a member, who is the victim of a sexual assault described in paragraph (2) may be provided assistance by a Special Victims' Counsel. (2) A sexual assault described in this paragraph is any offense if alleged to have been committed by a member of the armed forces as follows: (A) Rape or sexual assault under section 920 of this title (article 120 of the Uniform Code of Military Justice). (B) An attempt to commit an offense specified in subparagraph (A) as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice). (3) A member of the armed forces or dependent who is the victim of sexual assault described in paragraph (2) shall be informed of the availability of assistance under paragraph (1) as soon as the member or dependent seeks assistance from a Sexual Assault Response Coordinator, a Sexual Assault Victim Advocate, a military criminal investigator, a victim/witness liaison, a trial counsel, health care providers, or any other personnel designated by the Secretary of the military department concerned for purposes of this paragraph. The member or dependent shall also be informed that the assistance of a Special Victims' Counsel under paragraph (1) is optional and may be declined, in whole or in part, at any time. (4) Assistance of a Special Victims' Counsel under paragraph (1) shall be available to a member or dependent regardless of whether the member or dependent elects unrestricted or restricted (confidential) reporting of the sexual assault. . (2) Reporting Subsection (c) of such section, as redesignated by paragraph (1)(A) of this subsection, is further amended in paragraph (2)— (A) by redesignating subparagraph (C) as subparagraph (D); and (B) by inserting after subparagraph (B) the following new subparagraph (C): (C) A Special Victims' Counsel. . (c) Conforming amendments to authority on SARC, SAVA, and related assistance Subsection (a) of such section is amended— (1) in paragraph (1), by striking may shall, upon request, (2) in paragraph (2)— (A) by inserting a Special Victims' Counsel, a Sexual Assault Victim Advocate, (B) by striking or a trial counsel a trial counsel, health care providers, or any other personnel designated by the Secretary of the military department concerned for purposes of this paragraph (d) Conforming and clerical amendments (1) Heading amendment The heading of such section is amended to read as follows: 1565b. Victims of sexual assault: access to legal assistance and services of Sexual Assault Coordinators, Sexual Assault Victim Advocates, and Special Victims' Counsels . (2) Table of sections The table of sections at the beginning of chapter 80 of such title is amended by striking the item relating to section 1565b and inserting the following new item: 1565b. Victims of sexual assault: access to legal assistance and services of Sexual Assault Coordinators, Sexual Assault Victim Advocates, and Special Victims' Counsels. . 540. Sense of Congress on commanding officer responsibility for command climate free of retaliation It is the sense of Congress that— (1) commanding officers are responsible for establishing a command climate in which sexual assault allegations are properly managed and fairly evaluated and a victim can report criminal activity, including sexual assault, without fear of retaliation, including ostracism and group pressure from other members of the command; (2) the failure of commanding officers to maintain such a command climate is an appropriate basis for relief from their command positions; and (3) senior officers should evaluate subordinate commanding officers on their performance in establishing a command climate as described in paragraph (1) during the regular periodic counseling and performance appraisal process prescribed by the Armed Force concerned for inclusion in the systems of records maintained and used for assignment and promotion selection boards. 541. Commanding officer action on reports on sexual offenses involving members of the Armed Forces (a) Immediate action required A commanding officer who receives a report of a sexual-related offense involving a member of the Armed Forces in the chain of command of such officer shall act upon the report in accordance with subsection (b) immediately after receipt of the report by the commanding officer. (b) Action required The action required by this subsection with respect to a report described in subsection (a) is the referral of the report to the military criminal investigation organization with responsibility for investigating that offense of the military department concerned or such other investigation service of the military department concerned as the Secretary of the military department concerned may specify for purposes of this section. 542. Department of Defense Inspector General investigation of allegations of retaliatory personnel actions taken in response to making protected communications regarding sexual assault Section 1034(c)(2)(A) of title 10, United States Code, is amended by striking sexual harassment or rape, sexual assault, or other sexual misconduct in violation of sections 920 through 920c of this title (articles 120 through 120c of the Uniform Code of Military Justice), sexual harassment, or 543. Advancement of submittal deadline for report of independent panel on assessment of military response systems to sexual assault Section 576(c)(1)(B) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 Eighteen months Twelve months 544. Assessment of clemency in the military justice system and of database of alleged offenders of sexual assault as additional duties of independent panel on review and assessment of systems to respond to sexual assault cases Paragraph (1) of Section 576(d) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 (1) in subparagraph (B), by adding at the end the following new sentence: The comparison shall also include an assessment of the opportunities for clemency provided in the military and civilian systems, the appropriateness of clemency proceedings in the military system, the manner in which clemency is used in the military system, and whether clemency in the military justice system could be reserved until the end of the military appeals process. (2) by redesignating subparagraph (I) as subparagraph (J); and (3) by inserting after subparagraph (H) the following new subparagraph (I): (I) An assessment of the means by which the name, if known, and other necessary identifying information of an alleged offender that is collected as part of a restricted report of a sexual assault could be compiled into a protected, searchable database accessible only to military criminal investigators, Sexual Assault Response Coordinators, or other appropriate personnel only for the purposes of identifying individuals who are subjects of multiple accusations of sexual assault and encouraging victims to make an unrestricted report of sexual assault in those cases in order to facilitate increased prosecutions, particularly of serial offenders. The assessment should include an evaluation of the appropriate content to be included in the database, as well as the best means to maintain the privacy of those making a restricted report. . 545. Assessment of provisions and proposed provisions of law on sexual assault prevention and response as additional duties of independent panels for review and assessment of Uniform Code of Military Justice and judicial proceedings of sexual assault cases (a) Assessment as additional duties of panel on response systems to sexual assault crimes Paragraph (1) of section 576(d) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 (1) by redesignating subparagraph (J) as subparagraph (L); and (2) by inserting after subparagraph (I) the following new subparagraphs: (J) An assessment of the effectiveness of the provisions of law on sexual assault prevention and response in the National Defense Authorization Act for Fiscal Year 2014, including the provisions establishing or amending requirements and authorities relating to sexual assault prevention and response. (K) An assessment of the potential effectiveness of the provisions of law on sexual assault prevention and response offered by Senators who are members of the Committee on Armed of the Senate in the markup by the Committee of the Bill to enact the National Defense Authorization Act for Fiscal Year 2014, and not adopted by the Committee during that markup for that Bill, including the provisions seeking to establish or amend requirements and authorities relating to sexual assault prevention and response. . (b) Assessment as additional duties of panel on judicial proceedings Paragraph (2) of such section is amended— (1) by redesignating subparagraph (J) as subparagraph (L); and (2) by inserting after subparagraph (I) the following new subparagraphs: (J) Monitor and assess the implementation of the provisions of law on judicial proceedings in connection with sexual assault in the National Defense Authorization Act for Fiscal Year 2014, including provisions amending chapter 47 (K) Assess the potential effectiveness of the provisions of law on judicial proceedings on sexual assault offered by Senators who are members of the Committee on Armed of the Senate in the markup by the Committee of the Bill to enact the National Defense Authorization Act for Fiscal Year 2014, and not adopted by the Committee during that markup for that Bill, including provisions seeking to amend chapter 47 . (c) Transmittal of provisions offered but not adopted The Chairman and Ranking Member of the Committee on Armed Services of the Senate shall jointly transmit to the independent panels established pursuant to paragraphs (1) and (2) of section 576(a) of the National Defense Authorization Act for Fiscal Year 2013 (126 Stat. 1758) the applicable provisions of law offered by Senators who are members of the Committee on Armed of the Senate in the markup by the Committee of the Bill to enact this Act, and not adopted by the Committee during that markup for that Bill, for purposes of the discharge by such panels of the additional duties arising under the amendments made by subsections (a) and (b). 546. Assessment of compensation and restitution of victims of offenses under the Uniform Code of Military Justice as additional duty of independent panel on review and assessment of judicial proceedings of sexual assault cases Paragraph (2) of section 576(d) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 (1) by redesignating subparagraph (L) as subparagraph (M); and (2) by inserting after subparagraph (K) the following new subparagraph (L): (L) Assess the adequacy of the provision of compensation and restitution for victims of offenses under chapter 47, of title 10, United States Code (the Uniform Code of Military Justice), and develop recommendations on expanding such compensation and restitution, including consideration of the options as follows: (i) Providing the forfeited wages of incarcerated members of the Armed Forces to victims of offenses as compensation. (ii) Including bodily harm among the injuries meriting compensation for redress under section 939 of title 10, United States Code (article 139 of the Uniform Code of Military Justice). (iii) Requiring restitution by members of the Armed Forces to victims of their offenses upon the direction of a court-martial. . II Related Military Justice Matters 551. Elimination of five-year statute of limitations on trial by court-martial for additional offenses involving sex-related crimes (a) In general Subsection (a) of section 843 rape, or rape of a child rape or sexual assault, or rape or sexual assault of a child (b) Conforming amendment Subsection (b)(2)(B)(i) of such section (article) is amended by inserting before the period at the end the following: , unless the offense is covered by subsection (a) (c) Effective date The amendments made by this section shall apply with respect to offenses committed on or after the date of the enactment of this Act. 552. Review of decisions not to refer charges of certain sexual offenses to trial by court-martial (a) In general The Secretary of Defense shall require the Secretaries of the military departments to provide for review of decisions not to refer charges to trial by court-martial in cases where a specified sexual offense has been alleged by a victim of the alleged offense. (b) Specified sexual offenses For purposes of this section, a specified sexual offense is any of the following: (1) Rape or sexual assault under subsection (a) or (b) of section 920 (2) Forcible sodomy under section 925 (3) An attempt to commit an offense specified in paragraph (1) or (2) as punishable under section 880 of title 10, United States Code (article 80 of the Uniform Code of Military Justice). (c) Review of cases not referred to court-martial following staff judge advocate recommendation of referral for trial In any case where a staff judge advocate, pursuant to section 834 (d) Review of cases not referred to court-martial following staff judge advocate recommendation not to refer for trial In any case where a staff judge advocate, pursuant to section 834 (e) Elements of case file A case file forwarded to higher authority pursuant to subsection (c) or (d) shall include the following: (1) All charges and specifications preferred under section 830 (2) All reports of investigations of such charges, including the military criminal investigative organization investigation report and the investigating officer’s report under section 832 (3) The written advice of the staff judge advocate to the convening authority pursuant to section 834 (4) A written statement explaining the reasons for the convening authority’s decision not to refer the charges to trial by court-martial. (5) A certification that the victim of the alleged offense or complaining witness was informed of the convening authority’s decision to forward the case as provided in subsection (c) or (d). (f) Notice on results or review The victim of the alleged offense shall be notified of the results of the review conducted under subsection (c) or (d) in the manner prescribed by the victims and witness assistance program of the Armed Force concerned. (g) Allegation of specified sexual offense The Secretary of Defense shall require the Secretaries of the military departments to develop a system to ensure that a victim of an alleged offense has an opportunity to specify that the offense alleged is a specified sexual offense either at the time of making an unrestricted report of the allegation or during the criminal investigation of the allegation. 553. Defense counsel interview of complaining witnesses in presence of trial counsel or outside counsel Section 846 of title 10, United States Code (article 46 of the Uniform Code of Military Justice), is amended— (1) by inserting (a) Opportunity To obtain witnesses and other evidence The trial counsel (2) by striking Process issued (c) Process Process issued ; and (3) by inserting after subsection (a), as designated by paragraph (1), the following new subsection (b): (b) Interview of complaining witnesses by defense counsel (1) Upon notice by trial counsel to defense counsel of the name and address of the complaining witness or witnesses trial counsel intends to call to testify in any portion of an investigation under section 832 of this title (article 32) or a court-martial under this chapter, defense counsel shall make all requests to interview any such complaining witness through trial counsel. (2) If requested by a complaining witness subject to a request for interview under paragraph (1), any interview of the witness by defense counsel shall take place only in the presence of trial counsel, counsel for the witness, or outside counsel. . 554. Mandatory discharge or dismissal for certain sex-related offenses under the Uniform Code of Military Justice and trial of such offenses by general courts-martial (a) Mandatory discharge or dismissal required (1) In general Section 856 (A) by inserting (a) The punishment (B) by adding at the end the following new subsection: (b) While a person subject to this chapter who is found guilty of an offense under section 920, 920b, or 925 of this title (article 120, 120b, or 125) or an attempt to commit such an offense as punishable under section 880 of this title (article 80) shall be punished as a general court-martial may direct, such punishment must include, at a minimum, dismissal or dishonorable discharge. . (2) Clerical amendments (A) Section heading The heading of such section is amended to read as follows: 856. Art. 56. Maximum and minimum limits . (B) Table of sections The table of sections at the beginning of subchapter VIII of chapter 47 of such title is amended by striking the item relating to section 856 and inserting the following new item: 856. Art. 56. Maximum and minimum limits. . (b) Jurisdiction limited to general courts-martial Section 818 of such title (article 18 of the Uniform Code of Military Justice) is amended— (1) by inserting (a) (2) in the third sentence, by striking However, a general court-martial (b) A general court-martial ; and (3) by adding at the end the following new subsection: (c) Consistent with section 810, 820, and 856(b) of this title (articles 19, 20, and 56(b)), only general courts-martial have jurisdiction over an offense specified in section 856(b)(2) of this title (article 56(b)(2)). . (c) Effective date The amendments made by this section shall take effect 180 days after the date of the enactment of this Act. 555. Limitation on authority of convening authority to modify findings of a court-martial (a) Limitation of authority to offenses that would not normally warrant trial by court-martial Subsection (c) of section 860 (1) in paragraph (3)— (A) by inserting may be taken findings of a court-martial (B) by striking is not required. However, only with respect to a qualified offense. With respect to such an offense, (C) by striking may— (A) dismiss may dismiss (D) by striking ; or (E) by striking subparagraph (B); and (2) by adding at the end the following new paragraph: (4) (A) In paragraph (3), the term qualified offense (i) the maximum sentence of confinement that may be adjudged does not exceed one year; and (ii) the sentence adjudged does not include dismissal, a dishonorable or bad-conduct discharge, or confinement for more than six months. (B) Such term does not include the following: (i) An offense under section 920 of this title (article 120). (ii) An offense under section 920a of this title (article 120a). (iii) An offense under section 920b of this title (article 120b). (iv) An offense under section 920c of this title (article 120c). (v) Such other offenses as the Secretary of Defense may prescribe by regulation. . (b) Requirement for explanation in writing Such subsection is further amended by adding after paragraph (4), as added by subsection (a)(2), the following new paragraph: (5) If the convening authority or other person authorized to act under this section modifies the findings or sentence of a court-martial, such person shall prepare a written explanation for such modification. Such explanation shall be made a part of the record of trial and action thereon. . (c) Conforming amendment Subsection (e)(3) of such section (article) is amended in the first sentence by inserting (if authorized to do so under subsection (c)) findings and sentence (d) Effective date The amendments made by subsections (a) and (c) shall apply with respect to offenses committed on or after the date of the enactment of this Act. 556. Participation by complaining witnesses in clemency phase of courts-martial process Section 860(b) (5) (A) If an accused elects to submit matters for consideration by the convening authority under this subsection, a copy of any portion of such matters that refers to a complaining witness shall be provided to the complaining witness before the convening authority takes any action on the findings or sentence under this section. (B) (i) Upon receipt of matters under this paragraph, a complaining witness shall have 10 days to submit materials in response to such matters to the convening authority. (ii) If a complaining witness shows that additional time is required for submission of materials under this subparagraph, the convening authority or other person taking action under this section, for good cause, may extend the applicable period for submission of such materials for not more than an additional 20 days. (6) In any case in which findings and sentence have been adjudged for an offense involving a complaining witness, the complaining witness shall be provided an opportunity to submit matters to the convening authority for consideration prior to taking action under this section. (7) The convening authority shall not consider under this section any submitted matters that go to the character of a complaining witness unless such matters were presented at the court-martial. . 557. Secretary of Defense report on modifications to the Uniform Code of Military Justice to prohibit sexual acts and contacts between military instructors and trainees (a) Report required Not later than 120 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 setting forth the recommendations of the Secretary for such legislative action as the Secretary considers appropriate to modify chapter 47 (b) Covered military instructors For purposes the report required by this section, military instructors shall include the following: (1) Drill Sergeants in the Army. (2) Drill Instructors in the Marine Corps. (3) Recruit Division Commanders in the Navy. (4) Military Training instructors in the Air Force. (5) Company Commanders in the Coast Guard. (6) Such other members of the Armed Forces as the Secretary considers appropriate for purposes of the report as having supervisory authority over new recruits in the Armed Forces undergoing basic training (or its equivalent). 558. Sense of Senate on disposition of charges involving certain sexual misconduct offenses under the Uniform Code of Military Justice through courts-martial (a) Sense of Senate It is the sense of the Senate that— (1) any charge regarding an offense specified in subsection (b) should be disposed of by court-martial, rather than by non-judicial punishment or administrative action; and (2) in the case of any charge regarding an offense specified in subsection (b) that is disposed of by non-judicial punishment or administrative action, rather than by court-martial, the disposition authority should include in the case file a justification for the disposition of the charge by non-judicial punishment or administrative action, rather than by court-martial. (b) Covered offenses An offense specified in this subsection is any of the following offenses under chapter 47 (1) Rape or sexual assault under subsection (a) or (b) of section 920 of such chapter (article 120 of the Uniform Code of Military Justice). (2) Forcible sodomy under section 925 of such chapter (article 125 of the Uniform Code of Military Justice). (3) An attempt to commit an offense specified in paragraph (1) or (2), as punishable under section 880 of such chapter (article 80 of the Uniform Code of Military Justice). 559. Sense of Senate on the discharge in lieu of court-martial of members of the Armed Forces who commit sexual-related offenses It is the sense of the Senate that— (1) the Armed Forces should be sparing in discharging in lieu of court-martial members of the Armed Forces who have committed rape, sexual assault, forcible sodomy, or attempts to commit such offenses, and should do so only when the facts of the case clearly warrant such discharge; (2) whenever possible, the victims of offenses referred to in paragraph (1) should be consulted prior to the determination regarding whether to discharge the members who committed such offenses; (3) commanding officers should consider the views of victims of offenses referred to in paragraph (1) when determining whether to discharge the members who committed such offenses in lieu of trying such members by court-martial; and (4) the discharge of any member who is discharged as described in paragraph (1) should be characterized as Other Than Honorable. III Other Military Justice and Legal Matters 561. Modification of eligibility for appointment as Judge on the United States Court of Appeals for the Armed Forces (a) Modification Section 942(b) (1) in paragraph (1), by striking from civilian life (2) by striking paragraph (4) and inserting the following new paragraph (4): (4) A person may not be appointed as a judge of the court within seven years after relief from active duty as a commissioned officer of a regular component of an armed force. . (b) Effective date The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to appointments to the United States Court of Appeals for the Armed Forces that occur on or after that date. 562. Repeal of the offense of consensual sodomy under the Uniform Code of Military Justice (a) Restatement of Article 125 with consensual sodomy omitted Section 925 of title 10, United States Code (article 125 of the Uniform Code of Military Justice), is amended to read as follows: 925. Art 125. Forcible sodomy; bestiality (a) Forcible sodomy Any person subject to this chapter who engages in unnatural carnal copulation with another person of the same or opposite sex by force or without the consent of the other person is guilty of forcible sodomy and shall be punished as a court-martial may direct. (b) Bestiality Any person subject to this chapter who engages in unnatural carnal copulation with an animal is guilty of bestiality and shall be punished as a court-martial may direct. (c) Scope of offenses Penetration, however slight, is sufficient to complete an offense under subsection (a) or (b). . (b) Clerical amendment The table of sections at the beginning of subchapter X of chapter 47 925. Art 125. Forcible sodomy; bestiality. . 563. Prohibition of retaliation against members of the Armed Forces for reporting a criminal offense (a) Regulations on prohibition of retaliation required The Secretary of Defense shall, not later than 120 days after the date of the enactment of this Act, prescribe regulations, or require the Secretaries of the military departments to prescribe regulations, that prohibit retaliation against an alleged victim or other member of the Armed Forces who reports a criminal offense. The regulations shall prescribe that a violation of the regulations is an offense punishable under section 892 (b) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report setting forth the recommendations of the Secretary as to whether chapter 47 (c) Retaliation For purposes of this section, retaliation shall include, as a minimum, taking or threatening to take any adverse personnel action, or failing to take or threatening not to take a favorable personnel action, with respect to a member of the Armed Forces because the member reported a criminal offense. 564. Extension of crime victims' rights to victims of offenses under the Uniform Code of Military Justice (a) In general Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall recommend to the President modifications to the Manual for Courts-Martial, and prescribe such other regulations as the Secretary considers appropriate, to enforce the rights of victims of military crimes as specified in subsection (b) and to ensure compliance by responsible members of the Armed Forces and personnel of the Department of Defense with the obligations to enforce such rights. (b) Rights The rights of victims of military crimes specified in this subsection are the following rights: (1) The right to be reasonably protected from the accused. (2) The right to reasonable, accurate, and timely notice of any public proceeding in an investigation under section 832 (3) The right not to be excluded from any public proceeding referred to in paragraph (2) unless the military judge or investigating officer, as applicable, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding. (4) The right to be reasonably heard at any public proceeding referred to in paragraph (2). (5) The reasonable right to confer with the trial counsel in the case. (6) The right to full and timely restitution as provided in law. (7) The right to proceedings free from unreasonable delay. (8) The right to be treated with fairness and with respect for the victim's dignity and privacy. (c) Victims (1) In general For purposes of the recommendations and regulations required by subsection (a), a victim of a military crime shall be any person who has suffered direct physical, emotional, or pecuniary harm as a result of the commission of— (A) an offense under chapter 47 of the Uniform Code of Military Justice; or (B) a violation of any other law if any portion of the investigation of such violation is conducted primarily by an element of the Department of Defense. (2) Underage, incompetent, and other individual victims For such purposes, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, a victim of a military crime includes one of the following (in order of precedence): a spouse, legal guardian, parent, child, sibling, another family member, or another person designated by the military judge or other appropriate authority. (3) Institutional entity victims For such purposes, if a victim is an institutional entity, the victim of a military crime is an authorized representative of the entity. (4) Governmental entities excluded For such purposes, departments and agencies of the Federal Government, and agencies of State and local governments, are not victims of military crimes. (d) Mechanisms for affording rights The recommendations and regulations required by subsection (a) shall include the following: (1) Mechanisms for ensuring that victims of military crimes are afforded the rights specified in subsection (b) in all applicable proceedings. (2) Mechanisms for ensuring that members of the Armed Forces and civilian personnel of the Department of Defense (including military judges, trial counsel, military criminal investigation organizations, services, and personnel, and other members and personnel of the Department of Defense engaged in the detection, investigation, or prosecution of offenses under chapter 47 (3) Mechanisms for the enforcement of such rights, including such mechanisms for application for such rights and for consideration and disposition of applications for such rights as the Secretary of Defense considers appropriate. (4) The designation of an authority within the Department of Defense to receive and investigate complaints relating to the provision or violation of the rights of victims of military crimes. (5) Disciplinary sanctions for members of the Armed Forces and other personnel of the Department of Defense who willfully or wantonly fail to comply with requirements relating to the rights of victims of military crimes. (6) Such other mechanisms as the Secretary of Defense considers appropriate. 565. Modification of Manual for Courts-Martial to eliminate factor relating to character and military service of the accused in rule on initial disposition of offenses Not later than 180 days after the date of the enactment of this Act, the discussion pertaining to Rule 306 of the Manual for Courts-Martial (relating to policy on initial disposition of offenses) shall be amended to strike the character and military service of the accused from the matters a commander should consider in deciding how to dispose of an offense. F Defense Dependents' Education and Military Family Readiness Matters 571. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees (a) Assistance to schools with significant numbers of military dependent students Of the amount authorized to be appropriated for fiscal year 2014 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $25,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 (b) Local educational agency defined In this section, the term local educational agency 20 U.S.C. 7713(9) 572. Impact aid for children with severe disabilities Of the amount authorized to be appropriated for fiscal year 2014 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $5,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398 G Decorations and Awards 581. Matters relating to Medals of Honor and other medals of high precedence for members of the Armed Forces (a) Repeal of limitation on number of Medals of Honor awardable to a member (1) Army Section 3744(a) of title 10, United States Code, is amended by striking medal of honor, distinguished-service cross, or distinguished-service cross or (2) Navy and Marine Corps Section 6247 of such title is amended by striking medal of honor, (3) Air Force Section 8744(a) of such title is amended by striking medal of honor, Air Force cross, or Air Force cross or (4) Coast Guard Section 494 medal of honor, (b) Standardization of time-limits for recommending and awarding Medal of Honor, service cross, or distinguished-service medal across the Armed Forces (1) Army Section 3744 of title 10, United States Code, is further amended— (A) in subsection (b)— (i) in paragraph (1), by striking three years five years (ii) in paragraph (2), by striking two years three years (B) in subsection (d)(1), by striking two years three years (2) Air Force Section 8744 of such title is further amended— (A) in subsection (b)— (i) in paragraph (1), by striking three years five years (ii) in paragraph (2), by striking two years three years (B) in subsection (d)(1), by striking two years three years 582. Recodification and revision of Army, Navy, Air Force, and Coast Guard Medal of Honor Roll (a) Automatic enrollment and furnishing of certificate (1) In general Chapter 57 1136. Army, Navy, Air Force, and Coast Guard Medal of Honor Roll (a) Establishment There shall be in the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Department of Homeland Security, respectively, a roll designated as the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll (b) Enrollment The Secretary concerned shall enter and record on such roll the name of each person who has served on active duty in the armed forces and who has been awarded a medal of honor pursuant to section 3741, 6241, or 8741 of this title or section 491 of title 14. (c) Certificate (1) In general Each living person whose name is entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll shall be furnished a certificate of enrollment on such roll. (2) Entitlement to special pension The Secretary concerned shall deliver to the Secretary of Veterans Affairs a certified copy of each certificate of enrollment issued under paragraph (1). Such copy shall authorize the Secretary of Veterans Affairs to pay the special pension provided by section 1562 of title 38 to the person named in the certificate. . (2) Clerical amendment The table of sections at the beginning of chapter 57 of such title is amended by adding at the end the following new item: 1136. Army, Navy, Air Force, and Coast Guard Medal of Honor Roll. . (b) Special pension (1) Automatic entitlement Section 1562(a) (A) by inserting living each (B) by striking subsection (c) of section 1561 of this title section 1136(c)(2) of title 10 (C) by striking application therefor under section 1560 of this title such person's name is entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll under section 1136(b) of title 10 (2) Election to decline special pension Section 1562 of such title is further amended by adding at the end the following new subsection: (g) (1) A person who is entitled to a special pension under subsection (a) may elect not to receive such special pension by notifying the Secretary of such election in writing. (2) The Secretary, upon receipt of such election, shall cease payments of the special pension to such person. . (3) Technical amendment Section 1562(a) of such title is further amended by striking roll Roll (c) Conforming amendments (1) Repeal of superseded provisions Sections 1560 1561 (2) Clerical amendments The table of sections at the beginning of chapter 15 of such title is amended by striking the items relating to sections 1560 and 1561. (d) Effective date The amendments made by this section shall be effective with respect to medals of honor awarded on or after the date of the enactment of this Act. 583. Authority for award of the Distinguished Service Cross to Robert F. Keiser for valor during the Korean War (a) Waiver of time limitations Notwithstanding the time limitations specified in section 3744 (b) Action described The acts of valor referred to in subsection (a) are the actions of Robert F. Keiser as a member of the 2d Military Police Company, 2d Infantry Division during the Korean War. 584. Authority for award of the Distinguished Service Cross to Sergeant First Class Patrick N. Watkins, Jr., for acts of valor during the Vietnam War (a) Waiver of time limitations Notwithstanding the time limitations specified in section 3744 (b) Action described The acts of valor referred to in subsection (a) are the actions of Sergeant First Class Patrick N. Watkins, Jr., from August 22 to August 23, 1968, as a member of the United States Army serving in the grade of Sergeant First Class in the Republic of Vietnam while serving with Headquarters and Headquarters Company, 5th Special Forces Group (Airborne), 1st Special Forces Regiment. H Other Matters 591. Additional requirements for accounting for members of the Armed Forces and Department of Defense civilian employees listed as missing Section 1501(a)(1) (1) in subparagraph (B), by striking and (2) in subparagraph (C), by striking the period at the end and inserting ; and (3) by adding at the end the following new subparagraph: (D) coordination of periodic briefing of families of missing persons about the efforts of the Department of Defense to account for those persons. . 592. Expansion of privileged information authorities to debriefing reports of certain recovered persons who were never placed in a missing status (a) Expansion of covered reports Section 1506 (1) in subsection (d)— (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (B) by inserting after paragraph (1) the following new paragraph (2): (2) The Secretary concerned shall withhold from personnel files under this section, as privileged information, any survival, evasion, resistance, and escape debriefing report provided by a person described in section 1501(c) of this title who is returned to United States control which is obtained under a promise of confidentiality made for the purpose of ensuring the fullest possible disclosure of information. ; and (2) in subsection (f), by striking paragraphs (2) and (3) paragraphs (3) and (4) (b) Definition applicable to covered reports Section 1513 of such title is amended by adding at the end the following new paragraph: (9) The term survival, evasion, resistance, and escape debriefing . VI Compensation and Other Personnel Benefits A Pay and Allowances 601. Fiscal year 2014 increase in military basic pay (a) Waiver of section 1009 adjustment The adjustment to become effective during fiscal year 2014 required by section 1009 (b) Increase in Basic Pay Effective on January 1, 2014, the rates of monthly basic pay for members of the uniformed services are increased by 1 percent. 602. Repeal of authority relating to commencement of basic pay for members of the National Guard called into Federal service for less than 30 days (a) Repeal Section 204 of title 37, United States Code, is amended by striking subsection (c). (b) Effective date The amendment made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to members of the National Guard who are called into Federal service for a period of less than 30 days on or after that date. 603. Extension of authority to provide temporary increase in rates of basic allowance for housing under certain circumstances Section 403(b)(7)(E) December 31, 2013 December 31, 2014 B Bonuses and Special and Incentive Pays 611. One-year extension of certain bonus and special pay authorities for reserve forces The following sections of title 37, United States Code, are amended by striking December 31, 2013 December 31, 2014 (1) Section 308b(g), relating to Selected Reserve reenlistment bonus. (2) Section 308c(i), relating to Selected Reserve affiliation or enlistment bonus. (3) Section 308d(c), relating to special pay for enlisted members assigned to certain high-priority units. (4) Section 308g(f)(2), relating to Ready Reserve enlistment bonus for persons without prior service. (5) Section 308h(e), relating to Ready Reserve enlistment and reenlistment bonus for persons with prior service. (6) Section 308i(f), relating to Selected Reserve enlistment and reenlistment bonus for persons with prior service. (7) Section 910(g), relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service. 612. One-year extension of certain bonus and special pay authorities for health care professionals (a) Title 10 authorities The following sections of title 10, United States Code, are amended by striking December 31, 2013 December 31, 2014 (1) Section 2130a(a)(1), relating to nurse officer candidate accession program. (2) Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve. (b) Title 37 authorities The following sections of title 37, United States Code, are amended by striking December 31, 2013 December 31, 2014 (1) Section 302c-1(f), relating to accession and retention bonuses for psychologists. (2) Section 302d(a)(1), relating to accession bonus for registered nurses. (3) Section 302e(a)(1), relating to incentive special pay for nurse anesthetists. (4) Section 302g(e), relating to special pay for Selected Reserve health professionals in critically short wartime specialties. (5) Section 302h(a)(1), relating to accession bonus for dental officers. (6) Section 302j(a), relating to accession bonus for pharmacy officers. (7) Section 302k(f), relating to accession bonus for medical officers in critically short wartime specialties. (8) Section 302l(g), relating to accession bonus for dental specialist officers in critically short wartime specialties. 613. One-year extension of special pay and bonus authorities for nuclear officers The following sections of title 37, United States Code, are amended by striking December 31, 2013 December 31, 2014 (1) Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service. (2) Section 312b(c), relating to nuclear career accession bonus. (3) Section 312c(d), relating to nuclear career annual incentive bonus. 614. One-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities The following sections of title 37, United States Code, are amended by striking December 31, 2013 December 31, 2014 (1) Section 331(h), relating to general bonus authority for enlisted members. (2) Section 332(g), relating to general bonus authority for officers. (3) Section 333(i), relating to special bonus and incentive pay authorities for nuclear officers. (4) Section 334(i), relating to special aviation incentive pay and bonus authorities for officers. (5) Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions. (6) Section 351(h), relating to hazardous duty pay. (7) Section 352(g), relating to assignment pay or special duty pay. (8) Section 353(i), relating to skill incentive pay or proficiency bonus. (9) Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units. 615. One-year extension of authorities relating to payment of other title 37 bonuses and special pays The following sections of title 37, United States Code, are amended by striking December 31, 2013 December 31, 2014 (1) Section 301b(a), relating to aviation officer retention bonus. (2) Section 307a(g), relating to assignment incentive pay. (3) Section 308(g), relating to reenlistment bonus for active members. (4) Section 309(e), relating to enlistment bonus. (5) Section 324(g), relating to accession bonus for new officers in critical skills. (6) Section 326(g), relating to incentive bonus for conversion to military occupational specialty to ease personnel shortage. (7) Section 327(h), relating to incentive bonus for transfer between Armed Forces. (8) Section 330(f), relating to accession bonus for officer candidates. 616. Correction of citation for extension of reimbursement authority for travel expenses for inactive-duty training outside of normal commuting distance and additional one-year extension (a) Correction of erroneous citation to former provision Effective as of January 2, 2013, and as if included therein as enacted, section 611(7) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 Section 408a(e) Section 478a(e) (b) Additional one-year extension Section 478a(e) of title 37, United States Code, as amended by section 611(7) of the National Defense Authorization Act for Fiscal Year 2013, as corrected by subsection (a), is further amended by striking December 31, 2013 December 31, 2014 617. Expansion to all reserve components of stipend for registered nurses in critical specialties under health professions stipend program Section 16201(d) (1) in paragraph (1), by striking subparagraph (B) and inserting the following new subparagraph (B): (B) is eligible for appointment as a Reserve officer for service in a reserve component in a Nurse Corps or as a nurse; and ; and (2) in paragraph (2), by striking subparagraph (B) and inserting the following new subparagraph (B): (B) the participant shall not be eligible to receive such stipend before being appointed as a Reserve officer for service in the Ready Reserve in a Nurse Corps or as a nurse; and . C Travel and Transportation Allowances 631. Technical and standardizing amendments to Department of Defense travel and transportation authorities in connection with reform of such authorities (a) Escorts of dependents of members (1) Incorporation of escorts of dependents under general authority Section 451(a)(2)(C) of title 37, United States Code, is amended by inserting before the period the following: or as an escort or attendant for dependents of a member of the armed forces for necessary travel performed not later than one year after the member is unable to accompany the dependents who are incapable of traveling alone (2) Repeal of superseded authority (A) Section 1036 of title 10, United States Code, is repealed. (B) The table of sections at the beginning of chapter 53 of such title is amended by striking the item relating to section 1036. (b) Travel and transportation of dependent patients Section 1040 (1) in subsection (a)(1), by striking round-trip transportation may be paid at the expense of the United States travel and transportation allowances may be furnished necessary attendants. The dependents and any attendants shall be provided such travel and transportation allowances as specified in regulations prescribed under section 464 (2) by striking subsection (d). (c) Travel in connection with leave cancelled due to contingency operations (1) Incorporation of expenses under general authority Section 453 (g) Reimbursement for travel in connection with leave cancelled due to contingency operations A member may be reimbursed as specified in regulations prescribed under section 464 of this title for travel and related expenses incurred by the member as a result of the cancellation of previously approved leave when the leave is cancelled in conjunction with the member's participation in a contingency operation and the cancellation occurs within 48 hours of the time the leave would have commenced. The settlement for reimbursement under this subsection is final and conclusive. . (2) Repeal of superseded authority (A) Section 1053a of title 10, United States Code, is repealed. (B) The table of sections at the beginning of chapter 53 of such title is amended by striking the item relating to section 1053a. (d) Travel and transportation for travel for specialty health care Section 1074i of title 10, United States Code, is amended— (1) in subsection (a), by striking reimbursement for reasonable travel expenses travel and transportation allowances as specified in regulations prescribed under section 464 (2) in subsection (b), striking Reimbursement for travel under exceptional circumstances Allowable travel and transportation under exceptional circumstances (e) Travel and transportation in connection with the disposition of remains of members Section 1482(a)(8) and roundtrip transportation and prescribed allowances and travel and transportation allowances as specified in regulations prescribed under section 464 of title 37 (f) Travel and transportation in connection with funeral honors functions at funerals for veterans Section 1491(d)(1) transportation (or reimbursement for transportation) and expenses travel and transportation allowances as specified in regulations prescribed under section 464 of title 37 (g) Repeal of redundant authority on motor vehicle transportation or storage for members undergoing PCS or extended deployment (1) Repeal Section 2634 of title 10, United States Code, is repealed. (2) Clerical amendment The table of section at the beginning of chapter 157 of such title is amended by striking the item relating to section 2634. (h) Clarification of limitation on transportation of household goods Section 453(c)(3) of title 37, United States Code, is amended by striking (including packing, crating, and household goods in temporary storage) (including household goods in temporary storage, but excluding packing and crating) D Disability, Retired Pay, and Survivor Benefits 641. Clarification of prevention of retired pay inversion in the case of members whose retired pay is computed using high-three (a) Clarification Subsection (f) of section 1401a (1) in paragraph (1)— (A) by striking Prevention of retired pay inversions Prevention of retired pay inversions for members with retired pay computed using final basic pay (B) by inserting who first became a member of a uniformed service before September 8, 1980, and of an armed force (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following new paragraph (2): (2) Prevention of retired pay inversions for members with retired pay computed using high-three Subject to subsections (d) and (e), the monthly retired pay of a member or former member of an armed force who first became a member of a uniformed service on or after September 8, 1980, may not be less, on the date on which the member or former member initially becomes entitled to such pay, than the monthly retired pay to which the member or former member would be entitled on that date if the member or former member had become entitled to retired pay on an earlier date, adjusted to reflect any applicable increases in such pay under this section. However, in the case of a member or former member whose retired pay is computed subject to section 1407(f) of this title, paragraph (1) (rather than the preceding sentence) shall apply in the same manner as if the member or former member first became a member of a uniformed service before September 8, 1980, but only with respect to a calculation as of the date on which the member or former member first became entitled to retired pay. . (b) Cross-reference amendments Such section is further amended by striking subsection (f)(2) subsection (f)(3) (c) Applicability Paragraph (2) of section 1401a(f) (d) Technical amendments Such section is further amended by striking before the enactment of the National Defense Authorization Act for Fiscal Year 2008 before January 28, 2008 642. Effect on division of retired pay of election to receive combat-related special compensation after previous election to receive concurrent retirement and disability compensation (a) In general Section 1414(d) (3) Payments before election to receive combat-related special compensation (A) An election by a member pursuant to paragraph (2) to change from receipt of retired pay in accordance with this section to receipt of special compensation in accordance with section 1413a of this title shall not affect payments made before the date of such election to the member’s spouse or former spouse pursuant to section 1408 of this title of disposable retired pay that a court treated as property for the purpose of issuing a final decree of divorce, dissolution, annulment, or legal separation, including a court ordered, ratified, or approved property settlement incident to such decree. (B) In this paragraph: (i) The term court (ii) The term disposable retired pay (iii) The term final decree (iv) The term member (v) The term spouse or former spouse . (b) Applicability Paragraph (3) of section 1414(d) section 1408 643. Survivor Benefit Plan annuities for special needs trusts established for the benefit of dependent children incapable of self-support (a) Special needs trust as eligible beneficiary (1) In general Subsection (a) of section 1450 (A) by redesignating paragraph (4) as paragraph (5); and (B) by inserting after paragraph (3) the following new paragraph (4): (4) Special needs trusts for sole benefit of certain dependent children Notwithstanding subsection (i), a supplemental or special needs trust established under subparagraph (A) or (C) of section 1917(d)(4) of the Social Security Act ( 42 U.S.C. 1396p(d)(4) 42 U.S.C. 1382c(a)(3) . (2) Conforming amendment Subsection (i) of such section is amended by inserting (a)(4) or subsection (b) Regulations Section 1455(d) of such title is amended— (1) in the subsection caption, by striking and fiduciaries , fiduciaries, and special needs trusts (2) in paragraph (1)— (A) in subparagraph (A), by striking and (B) in subparagraph (B), by striking the period at the end and inserting ; and (C) by adding at the end the following new subparagraph: (C) a dependent child incapable of self-support because of mental or physical incapacity for whom a supplemental or special needs trust has been established under subparagraph (A) or (C) of section 1917(d)(4) of the Social Security Act (42 U.S.C. 1396p(d)(4)). ; (3) in paragraph (2)— (A) by redesignating subparagraphs (C) through (H) as subparagraphs (D) through (I), respectively; (B) by inserting after subparagraph (B) the following new subparagraph (C): (C) In the case of an annuitant referred to in paragraph (1)(C), payment of the annuity to the supplemental or special needs trust established for the annuitant. ; (C) in subparagraph (D), as redesignated by subparagraph (A) of this paragraph, by striking subparagraphs (D) and (E) subparagraphs (E) and (F) (D) in subparagraph (H), as so redesignated— (i) by inserting or (1)(C) paragraph (1)(B) (ii) in clause (i), by striking and (iii) in clause (ii), by striking the period at the end and inserting ; and (iv) by adding at the end the following new clause: (iii) procedures for determining when annuity payments to a supplemental or special needs trust shall end based on the death or marriage of the dependent child for which the trust was established. ; and (4) in paragraph (3), by striking or fiduciary , fiduciary, or trust 644. Periodic notice to members of the Ready Reserve on early retirement credit earned for significant periods of active Federal status or active duty Section 12731(f) (3) The Secretary concerned shall periodically notify each member of the Ready Reserve described by paragraph (2) of the current eligibility age for retired pay of such member under this section, including any reduced eligibility age by reason of the operation of that paragraph. Notice shall be provided by such means as the Secretary considers appropriate taking into account the cost of provision of notice and the convenience of members. . 645. Preservation of retiree dependent status for certain dependents upon death or permanent incapacitation of the retired member on whom dependent status is based Section 1060b(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: (3) In the case of an individual who is treated as a retiree dependent described in paragraph (1)(B) on the date on which the member providing the basis for such individual's dependent status under this section dies or becomes permanently incapacitated, no further certification of the individual as a retiree dependent on the basis of dependency for financial support shall be required or carried out for purposes of this section on or after that date. . E Military Lending Matters 661. Enhanced role for the Department of Justice under the Military Lending Act (a) Enforcement by the Attorney General Subsection (f) of section 987 (7) Enforcement by the Attorney General (A) In general The Attorney General may commence a civil action in any appropriate district court of the United States against any person who— (i) engages in a pattern or practice of violating this section; or (ii) engages in a violation of this section that raises an issue of general public importance. (B) Relief In a civil action commenced under subparagraph (A), the court— (i) may grant any appropriate equitable or declaratory relief with respect to the violation of this section; (ii) may award all other appropriate relief, including monetary damages, to any person aggrieved by the violation; and (iii) may, to vindicate the public interest, assess a civil penalty— (I) in an amount not exceeding $110,000 for a first violation; and (II) in an amount not exceeding $220,000 for any subsequent violation. (C) Intervention Upon timely application, a person aggrieved by a violation of this section with respect to which the civil action is commenced may intervene in such action, and may obtain such appropriate relief as the person could obtain in a civil action under paragraph (5) with respect to that violation, along with costs and a reasonable attorney fee. (D) Issuance and service of civil investigative demands Whenever the Attorney General, or a designee, has reason to believe that any person may be in possession, custody, or control of any documentary material relevant to an investigation under this section, the Attorney General, or a designee, may, before commencing a civil action under subparagraph (A), issue in writing and cause to be served upon such person, a civil investigative demand requiring— (i) the production of such documentary material for inspection and copying; (ii) that the custodian of such documentary material answer in writing written questions with respect to such documentary material; or (iii) the production of any combination of such documentary material or answers. (E) Relationship to False Claims Act The statutory provisions governing the authority to issue, use, and enforce civil investigative demands under section 3733 of title 31 (known as the False Claims Act (i) any reference in that section to false claims law investigators or investigations shall be applied for purposes of subparagraph (D) as referring to investigators or investigations under this section; (ii) any reference in that section to interrogatories shall be applied for purposes of subparagraph (D) as referring to written questions and answers to such need not be under oath; (iii) the statutory definitions for purposes of that section relating to false claims law (iv) provisions of that section relating to qui tam relators shall not apply. . (b) Consultation with Department of Justice Subsection (h)(3) of such section is amended by adding at the end the following new subparagraph: (H) The Department of Justice. . F Other Matters 671. Authority to provide certain expenses for care and disposition of human remains that were retained by the Department of Defense for forensic pathology investigation (a) Disposition of remains of persons whose death is investigated by the Armed Forces Medical Examiner (1) Covered decedents Section 1481(a) (10) To the extent authorized under section 1482(g) of this title, any person not otherwise covered by the preceding paragraphs whose remains (or partial remains) have been retained by the Secretary concerned for purposes of a forensic pathology investigation by the Armed Forces Medical Examiner under section 1471 of this title. . (2) Authorized expenses relating to care and disposition of remains Section 1482 of such title is amended by adding at the end the following new subsection: (g) (1) The payment of expenses incident to the recovery, care, and disposition of the remains of a decedent covered by section 1481(a)(10) of this title is limited to those expenses that, as determined under regulations prescribed by the Secretary of Defense, would not have been incurred but for the retention of those remains for purposes of a forensic pathology investigation by the Armed Forces Medical Examiner under section 1471 of this title. (2) In a case covered by paragraph (1), if the person designated under subsection (c) to direct disposition of the remains of a decedent does not direct disposition of the remains that were retained for the forensic pathology investigation, the Secretary may pay for the transportation of those remains to, and interment or inurnment of those remains in, an appropriate place selected by the Secretary, in lieu of the transportation authorized to be paid under paragraph (8) of subsection (a). (3) In a case covered by paragraph (1), expenses that may be paid do not include expenses with respect to an escort under paragraph (8) of subsection (a), whether or not on a reimbursable basis. (4) The Secretary concerned may pay any other expenses relating to the remains of such a decedent that are authorized to be paid under this section only on a reimbursable basis. Amounts reimbursed to the Secretary concerned under this subsection shall be credited to appropriations available at the time of reimbursement for the payment of such expenses. . (b) Clarification of coverage of inurnment Section 1482(a)(9) of such title is amended by inserting or inurnment Interment (c) Technical amendment Section 1482(f) of such title is amended by striking the third sentence and inserting the following new sentence: The Secretary concerned may pay any other expenses relating to the remains of such a decedent that are authorized to be paid under this section only on a reimbursable basis. 672. Extension of ongoing pilot programs under temporary Army incentive to provide additional recruitment incentives Section 681(i) of the National Defense Authorization Act for Fiscal Year 2006 (10 U.S.C. 503 note) is amended— (1) in paragraph (1), by striking The Secretary may not Except as provided in paragraph (2), the Secretary may not (2) by redesignating paragraph (2) as paragraph (3); (3) by inserting after paragraph (1) the following new paragraph (2): (2) Authority to continue certain pilot programs The Secretary may continue through December 31, 2015, any pilot program carried out under the authority in this section that was ongoing as of December 31, 2012. ; and (4) in paragraph (3), as redesignated by paragraph (2) of this section— (A) by striking paragraph (1) this subsection (B) by striking that paragraph the applicable paragraph of this subsection VII Health Care Provisions B Health Care Administration 711. Pilot program on increased collection of third-party reimbursements for health care services provided in military medical treatment facilities (a) Pilot program The Secretary of Defense shall, in coordination with the Secretaries of the military departments, carry out a pilot program to assess the feasibility and advisability of using processes described in subsection (b) to increase the amounts collected under section 1095 (b) Covered processes The processes described in this subsection are commercially available enhanced recovery practices for medical payment collection, including rates and percentages of collection in accordance with industry standards for such practices. (c) Elements The Secretary shall carry out the pilot program so as— (1) to facilitate the identification and analysis of best practices in connection with the processes described in subsection (b) that are used in nonmilitary health care facilities; and (2) to permit a cost-benefit analysis of the processes used under the pilot program, including an analysis of— (A) the amount of third-party collections that resulted from such processes; (B) the cost to implement and sustain such processes; and (C) such other matters as the Secretary considers appropriate for the pilot program. (d) Location The Secretary shall carry out the pilot program at not less than two military installations of different military departments each of which meets the following criteria: (1) Such installation has a military medical treatment facility with both inpatient and outpatient capabilities. (2) The catchment area of such installation contains a significant-sized military beneficiary population who are potentially covered by third-party payers (as defined in section 1095(h)(1) (e) Duration The Secretary shall commence the pilot program by not later than 270 days after the date of the enactment of this Act, and shall carry out the pilot program for two years. (f) Report Not later than 180 days after the completion of the pilot program, the Secretary shall submit to the congressional defense committees a report on the pilot program. The report shall include the following: (1) A description of the pilot program. (2) A comparative description of— (A) the processes described in subsection (b) that were used in the military medical treatment facilities included in the pilot program; and (B) third-party collection processes used by similar military medical treatment facilities not included in the pilot program. (3) An assessment of the feasibility and advisability of using processes described in subsection (b) to increase the amounts collected from third-party payers for charges for health care services incurred by the United States at military medical treatment facilities, including a cost-benefit analysis of the implementation of such processes for third-party collections for health care services at military medical treatment facilities. (4) Such recommendations for legislative or administrative action to improve third-party collections for health care services at military medical treatment facilities as the Secretary considers appropriate in light of the pilot program. 712. Sense of Senate on implementation of integrated electronic health records for the Department of Defense and the Department of Veterans Affairs (a) Findings The Senate makes the following findings: (1) The electronic health records systems used by the Department of Defense and the Department of Veterans Affairs have been independently developed and implemented by each Department. As a result, and despite more than 15 years of efforts including numerous initiatives and programs, full interoperability between the systems has yet to be achieved. (2) The lack of full interoperability between the health records systems negatively impacts members of the Armed Forces who separate from military service and transition to veteran status. Medical records may be lost, requiring patients to repeat tests, increase overall costs, and further exacerbate the backlog of disability claims at the Department of Veterans Affairs. (3) The Government Accountability Office has identified several problems that the Department of Defense and the Department of Veterans Affairs face in their efforts to achieve full interoperability of their health records systems. The Government Accountability Office points to the failure of the Departments to define performance goals and measures that would allow for program management and assessment of progress. The Government Accountability Office also highlights inadequate management in the Departments and the Interagency Program Office, which oversees the integration of Department of Defense and Department of Veterans Affairs medical records. (4) The National Defense Authorization Act for Fiscal Year 2008 directed the Department of Defense and the Department of Veterans Affairs to jointly develop and implement fully interoperable health record capabilities by September 30, 2009. (b) Sense of Senate It is the sense of the Senate that— (1) despite clear congressional direction, years of effort, and the expenditure of significant resources, full electronic interoperability between the health records systems of the Department of Defense and the Department of Veterans Affairs has not been achieved; (2) the Secretary of Defense, in collaboration with the Secretary of Veterans Affairs, should fully staff the Interagency Program Office and provide it with a robust charter meeting the original intent of Congress; (3) the Secretary of Defense, in collaboration with the Secretary of Veterans Affairs, should establish challenging, but achievable, deadlines for the development and implementation of measures and goals for electronic health records for the Department of Defense and the Department of Veterans Affairs, including measures and goals relating to— (A) the creation of a health data authoritative source; (B) the ability of patients of both the Department of Defense and the Department of Veterans Affairs to download their medical records (commonly referred to as the Blue Button Initiative (C) the full interoperability of personal health care information between the Departments; (D) the standardization of health care data between the Departments; (E) the acceleration of the exchange of real-time health care data between the Departments; (F) the upgrade of the graphical user interface to display the new standardized health care data of the Departments; and (G) the provision to members of the Armed Forces of access to an electronic copy of their health care records throughout the course of their military career; and (4) the Interagency Program Office should establish a secure, remote, network-accessible computer storage system (commonly referred to as cloud storage (A) provide members of the Armed Forces and veterans the ability to upload their health care records; and (B) allow medical providers of the Department of Defense and the Department of Veterans Affairs to access such records in the course of providing care to members of the Armed Forces and veterans. C Reports and Other Matters 721. Report on provision of advanced prosthetics and orthotics to members of the Armed Forces and veterans (a) Report required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to the appropriate committees of Congress a report on the plans of the Department of Defense and the Department of Veterans Affairs, respectively, to ensure that the most clinically appropriate prosthetics and orthotics are made available to injured members of the Armed Forces and veterans using technological advances as appropriate. (b) Covered prosthetics and orthotics The prosthetics and orthotics to be covered by the report under subsection (a) shall include, but not be limited to, powered prosthetics and orthotics that will enable members of the Armed Forces and veterans who have suffered amputation and, in the case of orthotics wearers, other injuries with limb salvage, to restore functionality to the maximum extent practicable. (c) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress (1) the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and (2) the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives. VIII Acquisition Policy, Acquisition Management, and Related Matters A Acquisition Policy and Management 801. Restatement and revision of requirements applicable to multiyear defense acquisitions to be specifically authorized by law (a) In general Subsection (i) of section 2306b (i) Defense acquisitions specifically authorized by law (1) In the case of the Department of Defense, a multiyear contract in amount equal to or greater than $500,000,000 may not be entered into under this section unless the contract is specifically authorized by law in an Act other than an appropriations Act. (2) In submitting a request for a specific authorization by law to carry out a defense acquisition program using multiyear contract authority under this section, the Secretary shall include in the request a report containing preliminary findings of the agency head required in paragraphs (1) through (6) of subsection (a) together with the basis for such findings. (3) A multiyear contract may not be entered into under this section for a defense acquisition program that has been specifically authorized by law to be carried out using multiyear contract authority unless the Secretary of Defense certifies in writing, not later than 30 days before entry into the contract, that each of the following conditions is satisfied: (A) The Secretary has determined that each of the requirements in paragraphs (1) through (6) of subsection (a) will be met by such contract and has provided the basis for such determination to the congressional defense committees. (B) The Secretary's determination under subparagraph (A) was made after the completion of a cost analysis performed by the Director of Cost Assessment and Program Analysis and such analysis supports the findings. (C) The system being acquired pursuant to such contract has not been determined to have experienced cost growth in excess of the critical cost growth threshold pursuant to section 2433(d) of this title within 5 years prior to the date the Secretary anticipates such contract (or a contract for advance procurement entered into consistent with the authorization for such contract) will be awarded. (D) A sufficient number of end items of the system being acquired under such contract have been delivered at or within the most current estimates of the program acquisition unit cost or procurement unit cost for such system to determine that current estimates of such unit costs are realistic. (E) During the fiscal year in which such contract is to be awarded, sufficient funds will be available to perform the contract in such fiscal year, and the future-years defense program for such fiscal year will include the funding required to execute the program without cancellation. (F) The contract is a fixed price type contract. (G) The proposed multiyear contract provides for production at not less than minimum economic rates given the existing tooling and facilities. (4) If for any fiscal year a multiyear contract to be entered into under this section is authorized by law for a particular procurement program and that authorization is subject to certain conditions established by law (including a condition as to cost savings to be achieved under the multiyear contract in comparison to specified other contracts) and if it appears (after negotiations with contractors) that such savings cannot be achieved, but that substantial savings could nevertheless be achieved through the use of a multiyear contract rather than specified other contracts, the President may submit to Congress a request for relief from the specified cost savings that must be achieved through multiyear contracting for that program. Any such request by the President shall include details about the request for a multiyear contract, including details about the negotiated contract terms and conditions. (5) (A) The Secretary may obligate funds for procurement of an end item under a multiyear contract for the purchase of property only for procurement of a complete and usable end item. (B) The Secretary may obligate funds appropriated for any fiscal year for advance procurement under a contract for the purchase of property only for the procurement of those long-lead items necessary in order to meet a planned delivery schedule for complete major end items that are programmed under the contract to be acquired with funds appropriated for a subsequent fiscal year (including an economic order quantity of such long-lead items when authorized by law). (6) The Secretary may make the certification under paragraph (3) notwithstanding the fact that one or more of the conditions of such certification are not met, if the Secretary determines that, due to exceptional circumstances, proceeding with a multiyear contract under this section is in the best interest of the Department of Defense and the Secretary provides the basis for such determination with the certification. (7) The Secretary may not delegate the authority to make the certification under paragraph (3) or the determination under paragraph (6) to an official below the level of Under Secretary of Defense for Acquisition, Technology, and Logistics. . (b) Conforming amendment Subsection (a)(7) of such section is amended by striking subparagaphs (C) through (F) of paragraph (1) of subsection (i) subparagraphs (C) through (F) of subsection (i)(3) (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to requests for specific authorization by law to carry out defense acquisition programs using multiyear contract authority that are made on or after that date. 802. Extension of authority to acquire products and services produced in countries along a major route of supply to Afghanistan (a) Extension Subsection (f) of section 801 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 Public Law 112–239 December 31, 2014 December 31, 2015 (b) Clarification of authority Subsection (b)(1)(B) of such section is amended— (1) by striking and the NATO International Security Assistance Force or NATO forces (2) by striking to Afghanistan to or from Afghanistan 803. Report on program manager training and experience (a) Updated report on program manager training and experience deficiencies Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees an updated version of the 2009 Department of Defense report entitled OSD Study of Program Manager Training and Experience (b) Covered personnel The personnel to be addressed by the report required by subsection (a) shall be the acquisition personnel of the Department of Defense as follows: (1) Acquisition personnel classified as ACAT I personnel. (2) Acquisition personnel classified as ACAT IA personnel. (3) Acquisition personnel classified as ACAT II personnel. (c) Elements The report required in subsection (a) shall— (1) take into consideration the training, qualifications, and experience of covered personnel to perform acquisition program management functions for the Department of Defense; (2) summarize assessments by covered personnel of the practicality and comprehensiveness of the training provided such personnel in acquisition program management; (3) identify, describe, and analyze trends in the training and experience of covered personnel in acquisition program management between the time of the report referred to in subsection (a) and the updated version of the report as required by subsection (a); and (4) set forth such recommendations for improvements to the training and experience of covered personnel in acquisition program management as the Secretary considers appropriate. B Provisions Relating to Major Defense Acquisition Programs 821. Synchronization of cryptographic systems for major defense acquisition programs (a) In general Section 2366b(a)(3) (1) in subparagraph (F), by striking and (2) by redesignating subparagraph (G) as subparagraph (H); and (3) by inserting after subparagraph (F) the following new subparagraph (G): (G) there is a plan to mitigate and account for any costs in connection with any anticipated de-certification of cryptographic systems and components during the production and procurement of the major defense acquisition program to be acquired; and . (b) Effective date The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to major defense acquisition programs which are subject to Milestone B approval on or after that date. 822. Assessment of dedicated control system before Milestone B approval of major defense acquisition programs constituting a space program (a) In general As part of the certification required by section 2366b(a) (b) Sunset No business case analysis is required to be performed under subsection (a) for any Milestone B approval of a space system after December 31, 2019. 823. Additional responsibility for product support managers for major weapon systems Section 2337(b)(2) of title 10, United States Code, is amended— (1) in subparagraph (G), by striking and (2) in subparagraph (H), by striking the period at the end and inserting ; and (3) by adding at the end the following new subparagraph: (I) ensure that each product support arrangement for the weapon system states explicitly how such arrangement will maximize use of government-owned inventory before obtaining inventory from commercial sources. . 824. Comptroller General of the United States review of Department of Defense processes for the acquisition of weapon systems (a) Review required Not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall carry out a comprehensive review of the processes and procedures of the Department of Defense for the acquisition of weapon systems. (b) Objective of review The objective of the review required by subsection (a) shall be to identify the following: (1) Processes and procedures that provide little or no value added, or for which any value added is outweighed by the cost or schedule delay of the processes or procedures. (2) Elements of organizations and layers of review that are redundant or unnecessary, add cost, or create schedule delays to the acquisition of weapon systems without adding commensurate value. (c) Report (1) In general Not later than 120 days after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees a report on the results of the review required by subsection (a). (2) Elements The report required by paragraph (1) shall include, at a minimum, the following: (A) A statement of any processes, procedures, organizations, or layers of review that are recommended by the Comptroller General for modification or elimination, including the rationale for the modification or elimination recommended and the legislative or administrative action required to carry out the modification or elimination recommended. (B) Such other findings and recommendations, including recommendations for legislative or administrative action, as the Comptroller General considers appropriate in light of the review required by subsection (a). (3) Consistency with WSARA Any modification or elimination of a process, procedure, organization, or layer of review recommended in the report required by paragraph (1) shall be consistent with the requirements of the Weapon Systems Acquisition Reform Act of 2009 ( Public Law 111–23 C Amendments to General Contracting Authorities, Procedures, and Limitations 841. Maximum amount of allowable costs of compensation of contractor employees (a) Amendment to cost principles Section 2324(e)(1)(P) (1) by striking the benchmark section 1127 of title 41 $487,000 per year, adjusted annually to reflect the change in the Employment Cost Index for all workers, as calculated by the Bureau of Labor Statistics (2) by striking scientists and engineers scientists, engineers, medical professionals, cybersecurity experts, and other workers with unique areas of expertise (b) Review Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall review alternative benchmarks and industry standards for compensation and provide the congressional defense committees with the views of the Department of Defense as to whether any such benchmarks or standards would provide a more appropriate measure of allowable compensation for the purposes of section 2324(e)(1)(P) (c) Effective date The amendment mades by subsection (a) shall take effect on January 1, 2014, and shall apply with respect to costs of compensation incurred on or after that date under contracts entered into before, on, or after that date. 842. Implementation by Department of Defense of certain recommendations of the Comptroller General of the United States on oversight of pensions offered by Department contractors In order to implement certain of the recommendations of the Comptroller General of the United States in the January 2013 report entitled Pension Costs on DOD Contacts (1) Assign responsibility within the Department of Defense for oversight of the reasonableness of the pension plans offered by Department contractors, including, in specific, the value of benefits earned by participants in such pension plans. (2) Issue guidance on the measurement of the value of pension benefits that participants earn in a given year in order to permit the Department to obtain a comprehensive understanding of the total compensation provided employees by Department contractors. (3) Issue guidance on the extent to which defined benefit pension plans are to be included in assessments of the reasonableness of compensation for executives of Department contractors. (4) Issue guidance for the acquisition organizations of the Department, including the Defense Contract Management Activity and the Defense Contract Audit Activity, on the discount rate or rates that are acceptable for Department contractors to use in calculating person costs for forward pricing purposes. D Other Matters 861. Extension of prohibition on contracting with the enemy in the United States Central Command theater of operations Section 841(g) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1510; 10 U.S.C. 2302 the date that is three years after the date of the enactment of this Act December 31, 2016 862. Prohibition on contracting with the enemy (a) Authority To terminate or void contracts, grants, and cooperative agreements and To restrict future award (1) Identification of persons and entities The Secretary of Defense shall designate in each geographic combatant command an element to carry out intelligence missions within the area of responsibility of such combatant command outside the United States to identify persons and entities that— (A) provide funds received under a contract, grant, or cooperative agreement of the Department of Defense directly or indirectly to a person or entity who is supporting a force within the area of responsibility of such combatant command against which the United States is actively engaged in hostilities in accordance with the law of armed conflict; or (B) fail to exercise due diligence to ensure that none of the funds received under a contract, grant, or cooperative agreement of the Department of Defense are provided directly or indirectly to a person or entity who is supporting a force within the area of responsibility of such combatant command against which the United States is actively engaged in hostilities in accordance with the law of armed conflict. (2) Notice on supporters identified Upon the identification of a person or entity as meeting subparagraph (A) or (B) of paragraph (1), the element making the identification shall notify the commander of the combatant command concerned, and any deputies of the commander specified by the commander for purposes of this section, of such identification of such person or entity. (3) Responsive actions Upon receipt of a notice under paragraph (2), the commander of the combatant command concerned may, in consultation with the Under Secretary of Defense for Policy, the Under Secretary of Defense for Acquisition, Technology, and Logistics, and the appropriate Chief of Mission, notify the heads of appropriate contracting activities, in writing, of such identification and request that the heads of such contracting activities exercise the authorities provided pursuant to paragraph (4) and in the Federal Acquisition Regulation, as revised pursuant to subsection (b), with respect to any contract, grant, or cooperative agreement that provides funding directly or indirectly to the person or entity covered by the notice. (4) Authorities Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to authorize the head of contracting activity in each geographic combatant command, pursuant to a request from the commander of a combatant command under paragraph (3)— (A) to restrict the award of Department of Defense contracts, grants, or cooperative agreements that such head of contracting activity determines in writing would provide funding directly or indirectly to a person or entity that has been identified by the commander as supporting a force within the area of responsibility of such combatant command against which the United States is actively engaged in hostilities in accordance with the law of armed conflict; (B) to terminate for default any Department contract, grant, or cooperative agreement upon a written determination by such head of contracting activity that the contractor, or the recipient of the grant or cooperative agreement, has failed to exercise due diligence to ensure that none of the funds received under the contract, grant, or cooperative agreement are provided directly or indirectly to a person or entity that has been identified by a commander of a combatant command as supporting a force within the area of responsibility of such combatant command against which the United States is actively engaged in hostilities in accordance with the law of armed conflict; or (C) to void in whole or in part any Department contract, grant, or cooperative agreement upon a written determination by such head of contracting activity that the contract, grant, or cooperative agreement provides funding directly or indirectly to a person or entity that has been identified by a commander of a combatant command as supporting a force within the area of responsibility of such combatant command against which the United States is actively engaged in hostilities in accordance with the law of armed conflict (b) Contract clause (1) In general Not later than 30 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to require that— (A) the clause described in paragraph (2) shall be included in each covered contract, grant, and cooperative agreement of the Department of Defense that is awarded on or after the date of the enactment of this Act; and (B) to the maximum extent practicable, each covered contract, grant, and cooperative agreement of the Department of Defense that is awarded before the date of the enactment of this Act shall be modified to include the clause described in paragraph (2). (2) Clause described The clause described in this paragraph is a clause that— (A) requires the contractor, or the recipient of the grant or cooperative agreement, to exercise due diligence to ensure that none of the funds received under the contract, grant, or cooperative agreement are provided directly or indirectly to a person or entity that has been identified by a commander of a combatant command as supporting a force within the area of responsibility of such combatant command against which the United States is actively engaged in hostilities in accordance with the law of armed conflict; and (B) notifies the contractor, or the recipient of the grant or cooperative agreement, of the authority of the head of the contracting activity to terminate or void the contract, grant, or cooperative agreement, in whole or in part. (3) Covered contract, grant, or cooperative agreement In this subsection, the term covered contract, grant, or cooperative agreement (4) Treatment as void For purposes of subsection (a)(4) and the exercise under subsection (a)(3) of the authorities in the Federal Acquisition Regulation pursuant to this subsection: (A) A contract, grant, or cooperative agreement that is void is unenforceable as contrary to public policy. (B) A contract, grant, or cooperative agreement that is void in part is unenforceable as contrary to public policy with regard to a segregable task or effort under the contract, grant, or cooperative agreement. (c) Requirements following contract actions Not later than 30 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised as follows: (1) To require that any head of contracting activity taking an action pursuant to subsection (a)(3) or (a)(4) to terminate, void, or restrict a contract, grant, or cooperative agreement notify in writing the contractor or recipient of the grant or cooperative agreement, as applicable, of the action. (2) To permit, in such manner as the Federal Acquisition Regulation as so revised shall provide, the contractor or recipient of a grant or cooperative agreement subject to an action taken pursuant to subsection (a)(3) or (a)(4) to terminate or void the contract, grant, or cooperative agreement, as the case may be, an opportunity to contest the action within 30 days of receipt of notice of the action. (d) Annual review The commanders of the geographic combatant commands covered by subsection (a) shall, on an annual basis, review the lists of persons and entities previously identified pursuant to subsection (a)(1) in order to determine whether or not such persons and entities continue to warrant identification pursuant to that subsection. If a commander determines pursuant to such a review that a person or entity no longer warrants identification pursuant to subsection (a)(1), the commander shall notify the heads of contracting activities of the Department of Defense in writing of such determination. (e) Protection of classified information Classified information relied upon to make an identification pursuant to subsection (a)(1) may not be disclosed to a contractor or a recipient of a grant or cooperative agreement with respect to which an action is taken pursuant to subsection (a)(3) or (a)(4), or to their representatives, in the absence of a protective order issued by a court of competent jurisdiction established under Article I or Article III of the Constitution of the United States that specifically addresses the conditions upon which such classified information may be so disclosed. (f) Delegation of certain responsibilities (1) Responsibilities relating to identification and review The commander of a geographic combatant command may delegate the responsibilities in subsection (a)(3) to any deputies of the commander specified by the commander pursuant to that subsection. The commander may delegate under any responsibilities under subsection (d) to the deputy commander of the combatant command. Any delegation of responsibilities under this paragraph shall be made in writing. (2) Nondelegation of responsibility for contract actions The authority provided by subsections (a)(3) and (a)(4) to terminate, void, or restrict contracts, grants, and cooperative agreements may not be delegated below the level of head of contracting activity. (g) Inclusion of information on contract actions in FAPIIS Upon the termination, voiding, or restriction of a contract, grant, or cooperative agreement pursuant to subsection (a)(3) or (a)(4), the head of contracting activity concerned shall provide for the inclusion in the Federal Awardee Performance and Integrity Information System (FAPIIS), or other formal system of records on contractors or entities, of appropriate information on the termination, voiding, or restriction, as the case may be, of the contract, grant, or cooperative agreement. (h) Reports (1) In general Not later than March 1 each year, the Secretary of Defense shall submit to the congressional defense committees a report on the use of the authorities in this section in the preceding calendar year, including the following: (A) For each instance in which a contract, grant, or cooperative agreement was terminated or voided, or entry into contracts, grants, and cooperative agreements was restricted, pursuant to subsection (a)(3) or (a)(4), the following: (i) An explanation of the basis for the action taken. (ii) The value of the contract, grant, or cooperative agreement terminated or voided. (iii) The value of all contracts, grants, or cooperative agreements of the Department of Defense in force with the person or entity concerned at the time the contract, grant, or cooperative agreement was terminated or voided. (iv) Information on how the goods or services covered by the terminated or voided contract, grant, or cooperative agreement were otherwise obtained by the commander of the combatant command concerned. (B) For each instance in which a contract, grant, or cooperative agreement of a person or entity identified pursuant to subsection (a)(2) was not terminated or voided pursuant to subsection (a)(3) or (a)(4), or the future award of contracts, grants, and cooperative agreements to such person or entity was not restricted pursuant to subsection (a)(3) or (a)(4), an explanation why such action was not taken. (2) Form Any report under this subsection may be submitted in classified form. (i) Other definitions In this section: (1) The term combatant command (2) The term head of contracting activity (j) Sunset The provisions of this section shall cease to be effective on December 31, 2018. 863. Report on the elimination of improper payments (a) Secretary of Defense report on Department of Defense plan of action (1) In general Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report setting forth the plan of action of the Department of Defense to achieve the following: (A) Implementation of the recommendations of the Comptroller General of the United States in the May 2013 report GAO 13–227 entitled Significant Improvements Needed in Efforts to Address Improper Payment Requirements (B) Reduction of occurrences of improper payments by the Department of Defense. (2) Information on recommendations not To be implemented If the plan of action does not provide for implementation of one or more of the recommendations of the Comptroller General described in paragraph (1)(A), the report shall include a description of each such recommendation and a detailed statement of the reasons why the plan of action does not include implementation of such recommendation. (b) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress (1) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and (2) the Committee on Armed Services and the Committee on Oversight and Government Reform of the House of Representatives. IX Department of Defense Organization and Management A Department of Defense Management 901. Under Secretary of Defense for Management (a) Conversion of position of Deputy Chief Management Officer to position of Under Secretary of Defense for Management (1) In general Chapter 4 of title 10, United States Code, is amended— (A) by redesignating section 137a as section 137b; and (B) by inserting after section 137 the following new section 137a: 137a. Under Secretary of Defense for Management (a) Appointment There is an Undersecretary of Defense for Management, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Under Secretary shall be appointed from among persons who have an extensive management background, as well as a concrete understanding of Department of Defense business operations. (b) Responsibility for discharge of certain statutory position requirements (1) In addition to the responsibilities specified in subsection (c), the Under Secretary of Defense for Management is also the following: (A) The Deputy Chief Management Officer of the Department of Defense. (B) The Performance Improvement Officer of the Department of Defense. (C) The Chief Information Officer of the Department of Defense. (2) In the capacity of Chief Information Officer of the Department of Defense, the Under Secretary of Defense for Management shall exercise authority, direction, and control over the Information Assurance Directorate of the National Security Agency. (c) General responsibilities The Under Secretary of Defense for Management is responsible, subject to the authority, direction, and control of the Secretary of Defense and the Deputy Secretary of Defense in the role of the Deputy Secretary as Chief Management Officer of the Department of Defense, for— (1) supervising the management of the business operations of the Department of Defense and adjudicating issues and conflicts in functional domain business policies; (2) establishing business strategic planning and performance management policies and the Department of Defense Strategic Management Plan; (3) establishing business information technology portfolio policies and overseeing investment management of that portfolio for the Department of Defense; and (4) establishing end-to-end process and standards policies and the Business Enterprise Architecture. (d) Precedence The Under Secretary of Defense for Management takes precedence in the Department of Defense after the Under Secretary of Defense for Intelligence. . (2) Conforming repeal of superseded authority Section 132a of such title is repealed. (3) Continuation of office Notwithstanding subsection (a) of section 137a of title 10, United States Code (as amended by paragraph (1)), the individual serving in the position of Deputy Chief Management Officer of the Department of Defense as of the date of the enactment of this Act may serve as Under Secretary of Defense for Management under that section until a successor is appointed Under Secretary of Defense for Management as specified in that subsection. (b) Clarification of order of precedence for the Principal Deputy Under Secretaries of Defense Subsection (d) of section 137b of such title, as redesignated by subsection (a)(1) of this section, is amended by striking and the Deputy Chief Management Officer of the Department of Defense the Under Secretary of Defense for Management, and the officials serving in the positions specified in section 131(b)(4) of this title (c) Technical and conforming amendments (1) In general Title 10, United States Code, is further amended as follows: (A) In section 131(b)— (i) in paragraph (2), by adding at the end the following new subparagraph: (F) The Under Secretary of Defense for Management. ; (ii) by striking paragraph (3); and (iii) by redesignating paragraphs (4) through (8) as paragraphs (3) through (7), respectively. (B) In section 186— (i) in subsection (a), by striking paragraph (2) and inserting the following new paragraph (2): (2) The Under Secretary of Defense for Management. ; and (ii) in subsection (b), by striking the Deputy Chief Management Officer of the Department of Defense the Under Secretary of Defense for Management (C) In section 2222, by striking the Deputy Chief Management Officer of the Department of Defense the Under Secretary of Defense for Management (2) Clerical amendments The table of sections at the beginning of chapter 4 of such title is amended— (A) by striking the item relating to section 132a; and (B) by striking the item relating to section 137a and inserting the following new items: 137a. Under Secretary of Defense for Management. 137b. Principal Deputy Under Secretaries of Defense. . (3) Executive schedule matters Section 5314 Under Secretary of Defense for Management. . 902. Supervision of Command Acquisition Executive of the United States Special Operations Command by the Under Secretary of Defense for Acquisition, Technology, and Logistics (a) In general Section 167(e)(4)(C)(i) of title 10, United States Code, is amended in the matter preceding subclause (I) by inserting after who shall , subject to the direction of the Under Secretary of Defense for Acquisition, Technology, and Logistics for acquisition programs expected to require the expenditure of at least $75,000,000 in research, development, test, and evaluation funds or such other programs as the Under Secretary shall designate as having high technology risk, (b) Designation of responsible official in Office of USD for ATL Not later than 90 days after the enactment of this Act, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall designate an official within the Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics who shall be responsible for providing oversight and direction to the Command Acquisition Executive of the United States Special Operations Command. 903. Council on Oversight of the National Leadership Command, Control, and Communications System (a) Establishment (1) In general Chapter 7 171a. Council on Oversight of the National Leadership Command, Control, and Communications System (a) Establishment There is hereby established within the Department of Defense a council to be known as the Council on Oversight of the National Leadership Command, Control, and Communications System Council (b) Membership The members of the Council shall be as follows: (1) The Undersecretary of Defense for Policy. (2) The Under Secretary of Defense for Acquisition, Technology, and Logistics. (3) The Vice Chairman of the Joint Staff. (4) The Chief Information Officer of the Department of Defense. (5) Such other officers of the Department of Defense as the Secretary may designate. (c) Co-Chair The Council shall be co-chaired by the Under Secretary of Defense for Policy and the Under Secretary of Defense for Acquisition, Technology, and Logistics. (d) Responsibilities (1) The Council shall be responsible for oversight of the command, control, and communications system for the national leadership of the United States, including nuclear command, control, and communications. (2) In carrying out the responsibility specified in paragraph (1), the Council shall be responsible for the following with respect to the command, control, and communications system referred to in that paragraph: (A) Oversight of performance assessments (including interoperability). (B) Vulnerability identification and mitigation. (C) Architecture development. (D) Resource prioritization. (E) Such other responsibilities as the Secretary of Defense shall specify for purposes of this section. (e) Annual reports At the same time each year the budget of the President for the fiscal year beginning in such year is submitted to Congress under section 1105(a) (1) A description and assessment of the activities of the Council during the previous fiscal year. (2) A description of the activities proposed to be undertaken by the Council during the period of the current fiscal-years defense program under section 221 of this title. (f) National leadership of the United States defined In this section, the term national leadership of the United States (1) The President. (2) The Vice President. (3) Such other civilian officials of the United States Government as the President shall designate for purposes of this section. . (2) Clerical amendment The table of sections at the beginning of chapter 7 of such title is amended by inserting after the item relating to section 171 the following new item: 171a. Council on Oversight of the National Leadership Command, Control, and Communications System. . (b) Report on establishment Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the Council on Oversight of the National Leadership Command, Control, and Communications System established by section 171a (1) The charter and organizational structure of the Council. (2) Such recommendations for legislative action as the Secretary considers appropriate to improve the authorities relating to the Council. (3) A funding plan over the period of the current future-years defense program under section 221 of title 10, United States Code, to ensure a robust and modern nuclear command, control, and communications capability. 904. Transfer of administration of Ocean Research Advisory Panel from Department of the Navy to National Oceanic and Atmospheric Administration (a) Authority for Ocean Research Advisory Panel Subsection (a) of section 7903 of title 10, United States Code, is amended— (1) in the matter preceding paragraph (1)— (A) by inserting , through the Administrator of the National Oceanic and Atmospheric Administration, The Council (B) by striking Panel consisting Panel. The Panel shall consist (C) by striking chairman Administrator of the National Oceanic and Atmospheric Administration, on behalf of the Council (2) in paragraph (1), by striking National Academy of Science National Academies (3) by striking paragraphs (2) and (3); and (4) by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively. (b) Responsibilities of panel Subsection (b) of such section is amended— (1) by inserting , through the Administrator of the National Oceanic and Atmospheric Administration, The Council (2) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (3) by striking paragraph (2) and inserting the following new paragraphs (2) and (3): (2) To advise the Council on the determination of scientific priorities and needs. (3) To provide the Council strategic advice regarding national ocean program execution and collaboration. . (c) Funding to support activities of panel Subsection (c) of such section is amended by striking Secretary of the Navy Secretary of Commerce 905. Streamlining of Department of Defense management headquarters (a) Plan required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop a plan for streamlining Department of Defense management headquarters by reducing the size of staffs, eliminating tiers of management, cutting functions that provide little or no added value, and consolidating overlapping and duplicative programs and offices. (b) Scope of plan The plan required by subsection (a) shall specifically address staffing and services provided by military personnel, civilian personnel, and contractor personnel to each of the following: (1) The Office of the Secretary of Defense. (2) The Joint Staff. (3) The Defense Agencies. (4) The Department of Defense field activities. (5) The headquarters of the combatant commands. (6) Headquarters, Department of the Army, including the Office of the Secretary of the Army, the Office of the Chief of Staff of the Army, and the Army Staff. (7) The major command headquarters of the Army. (8) The Office of the Secretary of the Navy, the Office of the Chief of Naval Operations, and Headquarters, United States Marine Corps. (9) The major command headquarters of the Navy and the Marine Corps. (10) Headquarters, Department of the Air Force, including the Office of the Secretary of the Air Force, the Office of the Air Force Chief of Staff, and the Air Staff. (11) The major command headquarters of the Air Force. (12) The National Guard Bureau. (c) Savings objective The objective of the plan required by subsection (a) shall be to reduce aggregate spending by the Department for management headquarters by not less than $100,000,000,000 over a ten fiscal-year period beginning with fiscal year 2015. (d) Reports (1) Initial report Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees the plan required by subsection (a). (2) Status report The Secretary shall include with the Department of Defense materials submitted to Congress with the budget of the President for each of fiscal years 2016 through 2025 (as submitted to Congress pursuant to section 1105 of title 31, United States Code) a report describing the implementation of the plan required by subsection (a) during the preceding fiscal year and any modifications to the plan required due to changing circumstances. Each such report shall include the following: (A) A summary of savings achieved for each organization covered by the plan in the fiscal year covered by such report. (B) A description of the amount saved through reductions in military personnel, civilian personnel, and contract services personnel in the fiscal year covered by such report. (C) In any case in which savings under the plan fall short of the objective of the plan for the fiscal year covered by such report, an explanation of the reasons for the shortfall. (D) A description of any modifications to the plan made during the fiscal year covered by such report, and an explanation of the reasons for such modifications. 906. Update of statutory statement of functions of the Chairman of the Joint Chiefs of Staff relating to doctrine, training, and education (a) In general Paragraph (5) of section 153(a) (1) in subparagraph (B), by inserting and technical standards, and executing actions, policies (2) in subparagraph (C), by striking and training (3) by adding at the end the following new subparagraphs: (D) Formulating policies for concept development and experimentation for the joint employment of the armed forces. (E) Formulating policies for gathering, developing, and disseminating joint lessons learned for the armed forces. . (b) Conforming amendment The heading of such paragraph is amended by striking Doctrine, training, and education Joint force development activities 907. Modification of reference to major Department of Defense headquarters activities instruction Section 194(f) of title 10, United States Code, is amended by striking Directive 5100.73 Instruction 5100.73, entitled Major DoD Headquarters Activities B Space Activities 921. Limitation on use of funds for Space Protection Program Of the amount authorized to be appropriated for fiscal year 2014 by section 201 for the Department of Defense for research, test, development, and evaluation, Air Force, and available for the Space Protection Program (PE# 0603830F) as specified in the funding table in section 4201, $10,000,000 may not be obligated or expended until the Secretary of Defense submits to the congressional defense committees a copy of the study conducted at the direction of the Deputy Secretary of Defense on the counter space strategy of the Department of Defense that resulted in significant revisions to that strategy by the Department. C Intelligence-Related Matters 931. Personnel security (a) Comparative analysis (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, acting through the Director of Cost Assessment and Program Evaluation, submit to Congress a report setting forth a comprehensive analysis comparing the cost, schedule, and performance of personnel security clearance investigations and reinvestigations for employees and contractor personnel of the Department of Defense that are conducted by the Office of Personnel Management with the cost, schedule, and performance of personnel security clearance investigations and reinvestigations for such personnel that are conducted by the components of the Department of Defense. (2) Elements of analysis The analysis under paragraph (1) shall do the following: (A) Determine, for each of the Office of Personnel Management and the components of the Department that conduct personnel security investigations, the cost, schedule, and performance associated with personnel security investigations and reinvestigations of each type and level of clearance, and identify the elements that contribute to such cost, schedule, and performance. (B) Identify mechanisms for permanently improving the transparency of the cost structure of personnel security investigations and reinvestigations. (b) Personnel security for Department of Defense employees and contractors (1) In general If the Secretary of Defense determines that the current approach for obtaining personnel security investigations and reinvestigations for employees and contractor personnel of the Department of Defense is not the most advantageous approach for the Department, the Secretary shall develop a plan, by not later than October 1, 2014, for the transition of personnel security investigations and reinvestigations to the approach preferred by the Secretary. (2) Considerations In selecting the most advantageous approach preferred for the Department under paragraph (1), the Secretary shall consider whether cost, schedule, and performance could be improved through increased reliance on private-sector entities to conduct, or provide supporting information for, personnel security investigations and reinvestigations for employees and contractor personnel of the Department. (c) Strategy for continuous modernization of personnel security (1) Strategy required The Secretary of Defense and the Director of National Intelligence shall jointly develop and implement a strategy to continuously modernize all aspects of personnel security for the Department of Defense with the objectives of lowering costs, increasing efficiencies, enabling and encouraging reciprocity, and improving security. (2) Metrics (A) Metrics required In developing the strategy required by paragraph (1), the Secretary and the Director shall jointly establish metrics to measure the effectiveness of the strategy in meeting the objectives specified in that paragraph. (B) Report At the same time the budget of the President for each of fiscal years 2015 through 2018 is submitted to Congress pursuant to section 1105 (3) Elements In developing the strategy required by paragraph (1), the Secretary and the Director shall consider, and may adopt, mechanisms for the following: (A) Elimination of manual or inefficient processes in investigations and reinvestigations for personnel security, wherever practicable, and automating and integrating the elements of the investigation process, including in the following: (i) The clearance application process. (ii) Case management. (iii) Adjudication management. (iv) Investigation methods for the collection, analysis, storage, retrieval, and transfer of data and records. (v) Records management for access and eligibility determinations. (B) Elimination or reduction, where possible, of the use of databases and information sources that cannot be accessed and processed automatically electronically, or modification of such databases and information sources, if appropriate and cost-effective, to enable electronic access and processing. (C) Access and analysis of government, publically available, and commercial data sources, including social media, that provide independent information pertinent to adjudication guidelines to improve quality and timeliness, and reduce costs, of investigations and reinvestigations. (D) Use of government-developed and commercial technology for continuous monitoring and evaluation of government and commercial data sources that can identify and flag information pertinent to adjudication guidelines and eligibility determinations. (E) Standardization of forms used for routine reporting required of cleared personnel (such as travel, foreign contacts, and financial disclosures) and use of continuous monitoring technology to access databases containing such reportable information to independently obtain and analyze reportable data and events. (F) Establishment of an authoritative central repository of personnel security information that is accessible electronically at multiple levels of classification and eliminates technical barriers to rapid access to information necessary for eligibility determinations and reciprocal recognition thereof. (G) Elimination or reduction of the scope of, or alteration of the schedule for, periodic reinvestigations of cleared personnel, when such action is appropriate in light of the information provided by continuous monitoring or evaluation technology. (H) Electronic integration of personnel security processes and information systems with insider threat detection and monitoring systems, and pertinent law enforcement, counterintelligence and intelligence information, for threat detection and correlation. (I) Determination of the net value of implementing phased investigative approaches designed to reach an adjudicative decision sooner than is currently achievable by truncating investigations based on thresholds where no derogatory information or clearly unacceptably derogatory information is obtained through initial background checks. (4) Appropriate committees of Congress defined In this subsection, the term appropriate committees of Congress (A) the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. (d) Reciprocity of clearances The Secretary of Defense and the Director of National Intelligence shall jointly ensure that the transition of personnel security clearances between and among Department of Defense components, Department contractors, and Department contracts proceeds as rapidly and inexpensively as possible, including through the following: (1) By providing for reciprocity of personnel security clearances among positions requiring personnel holding secret, top secret, or sensitive compartmented information clearances (the latter with a counterintelligence polygraph examination), to the maximum extent feasible consistent with national security requirements. (2) By permitting personnel, when feasible and consistent with national security requirements, to begin work in positions requiring additional security requirements, such as a full-scope polygraph examination, pending satisfaction of such additional requirements. (e) Benchmarks For purposes of carrying out the requirements of this section, the Secretary of Defense and the Director of National Intelligence shall jointly determine, by not later than 180 days after the date of the enactment of this Act, the following: (1) The current level of mobility and personnel security clearance reciprocity of cleared personnel as personnel make a transition between Department of Defense components, between Department contracts, and between government and the private sector. (2) The costs due to lost productivity in inefficiencies in such transitions arising from personnel security clearance matters. 932. Reports on clandestine human intelligence collection (a) Report on establishment of military support division in National Clandestine Service (1) In general Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall, acting through the Director of Cost Assessment and Program Evaluation of the Department of Defense and in consultation with the Director of National Intelligence (acting through the Director of the Cost Analysis Improvement Group) and the Director of the Central Intelligence Agency, submit to the appropriate committees of Congress an assessment of the savings and added effectiveness to be achieved in clandestine human intelligence collection by consolidating clandestine human intelligence collection operations in the National Clandestine Service of the Central Intelligence Agency through the establishment of a military support division in the National Clandestine Service. (2) Assumption on supervision of detailed personnel For the purposes of the assessment required by paragraph (1), the Secretary and the Director of National Intelligence shall assume that the military and civilian case officers and support personnel in the military support division referred to in that paragraph shall be detailed to the National Clandestine Service under the supervision of a general or flag officer of the Armed Forces assigned to the National Clandestine Service. (3) Elements The assessment required by paragraph (1) shall include the following: (A) A determination whether savings could be achieved through the reduction of overhead and management by eliminating the clandestine human intelligence (HUMINT) management element at the Defense Intelligence Agency. (B) The development and use of a methodology for comparing the effectiveness of the ratios of support personnel to deployed case officers maintained by the Central Intelligence Agency and the military support division referred to in paragraph (1), and a recommendation on an optimum ratio of support personnel to deployed case officers for the military support division. (C) A determination whether institutional and procedural safeguards are available to ensure that the Department of Defense could rely on the National Clandestine Service, with the military support division referred to in paragraph (1), to support the human intelligence collection requirements of the Department, and, if so, a description of such safeguards. (D) A determination of the advisability of conducting a pilot program on a military support division within the National Clandestine Service using available personnel. (b) Report on implementation of Defense Clandestine Service (1) In general Not later than January 15, 2015, the Director of Cost Assessment and Program Evaluation shall submit to the appropriate committees of Congress a report setting forth an assessment of the implementation of the Defense Clandestine Service through September 30, 2014. (2) Elements The report required by paragraph (1) shall include an assessment of the following: (A) The commitment and ability of the Armed Forces to provide and sustain qualified military case officers and to manage their careers effectively. (B) The ability of the Defense Intelligence Agency to provide effective cover and support for case officers deployed overseas with the planned ratio of support personnel to case officers. (C) Whether the locations overseas where capacity exists to deploy additional Department of Defense case officers can address the human intelligence collection needs of the Department. (c) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress (1) the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. 933. Navy Broad-Area Maritime Surveillance aircraft (a) Modification of radar The Secretary of Defense shall take appropriate actions to modify the radar system that will be deployed on the Broad Area Maritime Surveillance (BAMS) aircraft fleet of the Navy to provide a ground moving target indicator collection, processing, and dissemination capability that is comparable to the performance of such capability under the Global Hawk Block 40 Multi-Platform Radar Technology Insertion Program of the Air Force. (b) Designation of aircraft fleet as joint asset The Secretary shall designate the Broad Area Maritime Surveillance aircraft fleet of the Navy as a joint asset available to support operational requirements of the unified combatant commands, including requirements for ground moving target indicator and signals intelligence support to commanders of air and ground components. 934. Plan for transfer of Air Force C–12 Liberty Intelligence, Surveillance, and Reconnaissance aircraft (a) Plan for transfer The Secretary of Defense shall develop and carry out a plan for the orderly transfer of the Air Force C–12 Liberty Intelligence, Surveillance, and Reconnaissance (ISR) aircraft to the Army and to the United States Special Operations Command or one of its component commands. (b) Elements The plan required by subsection (a) shall— (1) ensure that the transfer does not affect ongoing intelligence, surveillance, and reconnaissance operations in Afghanistan and elsewhere around the world; (2) identify the appropriate size, composition, and configuration of the fleet of manned intelligence, surveillance, and reconnaissance aircraft of the Army; (3) identify the appropriate size, composition, configuration, and disposition of the remaining fleet of Air Force C–12 Liberty Intelligence, Surveillance, and Reconnaissance aircraft; (4) provide for the modification of the Air Force Liberty C–12 Intelligence, Surveillance, and Reconnaissance aircraft transferred under the plan to meet the long-term needs of the Army and the United States Special Operations Command; and (5) include a timeline for the orderly transfer of Air Force Liberty C–12 Intelligence, Surveillance, and Reconnaissance aircraft in manner consistent with the requirement in paragraph (1). (c) Report Not later than the date on which the budget of the President for fiscal year 2015 is submitted to Congress pursuant to section 1105 (d) Prohibition on acquisition of certain system The Army may not acquire the Enhanced Medium Altitude Reconnaissance and Surveillance System in fiscal year 2014. (e) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress (1) the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. D Cyberspace-Related Matters 941. Authorities, capabilities, and oversight of the United States Cyber Command (a) Assignment of SIGINT collection authorities (1) Determination of necessity of assignment The Secretary of Defense shall, in consultation with the Joint Chiefs of Staff, determine whether the United States Cyber Command requires signals intelligence (SIGINT) collection authorities to execute its missions in support of the Department of Defense, the other combatant commands, and the national cyber defense generally, whether in peacetime or conflict, including in the operational preparation of the environment. (2) Delegation of authority If the Secretary determines pursuant to paragraph (1) that the United States Cyber Command requires signals intelligence collection authorities to execute its missions, the Secretary, as the executive agent of the President for signals intelligence pursuant to Executive Order No. 12333, shall, in consultation with the Director of National Intelligence, delegate appropriate signals intelligence collection authorities to the United States Cyber Command. (b) Provision of certain operational capabilities The Secretary shall take such actions as the Secretary considers appropriate to provide the United States Cyber Command operational military units with infrastructure and equipment enabling access to the Internet and other types of networks in order to permit the United States Cyber Command to conduct its peacetime and wartime missions independently of the National Security Agency so as to avoid compromising sources and methods in the execution of military operations. (c) Cyber ranges (1) In general The Secretary shall review existing cyber ranges and adapt one or more such ranges, as necessary, to support training and exercises of cyber units that are assigned to execute offensive military cyber operations. (2) Elements Each range so adapted under this subsection shall have the capability to support offensive military operations against targets that— (A) have not been previously identified and prepared for attack; and (B) must be compromised or neutralized immediately without regard to whether the adversary can detect and attribute the attack. (d) Principal advisor on offensive military cyber force matters (1) Designation The Secretary shall designate, from among the existing personnel of the Office of the Under Secretary of Defense for Policy, an official to act as the principal advisor to the Secretary on offensive military cyber forces. Any official so designated shall be an official who holds the official's current position by and with the advice and consent of the Senate. (2) Responsibilities The official designated under this subsection shall have responsibility for the following: (A) Resource management and oversight of the organizing, training, and equipping of offensive military cyber forces, including oversight of the planning, programming, and budgeting process for such forces. (B) Such other matters relating to offensive military cyber forces as the Secretary shall specify for purposes of this subsection. (e) Training of cyber personnel The Secretary shall establish and maintain training capabilities and facilities in the Armed Forces and, as the Secretary considers appropriate, at United States Cyber Command, to support the needs of the Armed Forces and the United States Cyber Command for personnel who are assigned offensive and defensive cyber missions in the Department of Defense. (f) Sense of Congress on funding and management of personnel It is the sense of Congress that the Secretary should fund and manage personnel of the Department whose cyber operations responsibilities are primarily offensive in nature outside of the Military Intelligence Program (MIP) and the Information Systems Security Program. 942. Joint software assurance center for the Department of Defense (a) Center required (1) In general The Secretary of Defense shall provide for the establishment of a joint software assurance center for the Department of Defense (in this section referred to as the center (2) Purpose The purpose of the center shall be to serve as a joint, Department-wide resource for efforts of the Department to ensure security in the software developed, acquired, maintained, and used by the Department. (b) Discharge of establishment In providing for the establishment of the center, the Secretary shall consider whether the purpose of the center can be met by an existing software assurance center in the Department. (c) Charter Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue a charter for the center. The charter shall set forth the following: (1) The role of the center in supporting program offices in implementing the supply chain risk management strategy of the Department. (2) The software assurance expertise and capabilities of the center, including policies, standards, requirements, best practices, contracting, training, testing, and code analysis and remediation. (3) Requirements for the discharge by the center, in coordination with the Center for Assured Software of the National Security Agency, of a program of research and development to improve automated software code vulnerability analysis and testing tools. (4) Requirements for the center to procure, manage, and distribute enterprise licenses for automated software vulnerability analysis tools. (d) Report The Secretary shall submit to the congressional defense committees, at the time of the submittal to Congress of the budget of the President for fiscal year 2016 (as submitted pursuant to section 1105 943. Supervision of the acquisition of cloud computing capabilities for intelligence analysis (a) Supervision (1) In general The Secretary of Defense shall, acting through the Under Secretary of Defense for Acquisition, Technology, and Logistics, the Under Secretary of Defense for Intelligence, the Chief Information Officer of the Department of Defense, and the Chairman of the Joint Requirements Oversight Council, supervise the following: (A) Review, development, modification, and approval of requirements for cloud computing solutions for intelligence data analysis and storage by the Armed Forces and the Defense Agencies, including requirements for cross-domain, enterprise-wide discovery and correlation of data stored in cloud and non-cloud computing databases, relational and non-relational databases, and hybrid databases. (B) Review, development, modification, approval, and implementation of plans for the competitive acquisition of cloud computing systems or services to meet requirements described in subparagraph (A), including plans for the transition from current computing systems to systems or services acquired. (C) Development and implementation of plans to ensure that the cloud systems or services acquired pursuant to subparagraph (B) are interoperable and universally accessible and usable through attribute-based access controls. (D) Integration of plans under subparagraphs (B) and (C) with enterprise-wide plans of the Armed Forces and the Department of Defense for the Joint Information Environment and the Defense Intelligence Information Environment. (2) Direction The Secretary shall provide direction to the Armed Forces and the Defense Agencies on the matters covered by paragraph (1) by not later than March 15, 2014. (b) Integration with intelligence community efforts The Secretary shall coordinate with the Director of National Intelligence to ensure that activities under this section are integrated with the Intelligence Community Information Technology Enterprise in order to achieve interoperability, information sharing, and other efficiencies. 944. Cyber vulnerabilities of Department of Defense weapon systems and tactical communications systems (a) Report required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the status of the capability of each military department to operate in non-permissive and hostile cyber environments. (b) Elements The report required by subsection (a) shall include the following: (1) A description and assessment of potential cyber threats or threat systems to major weapon systems and tactical communications systems that could emerge in the next five years. (2) A description and assessment of cyber vulnerabilities of current major weapons and tactical communications systems. (3) A detailed description of the current strategy to detect, deter, and defend against cyber attacks on current and planned major weapon systems and tactical communications systems. (4) An estimate of the costs anticipated to be incurred in addressing cyber vulnerabilities to Department of Defense weapons systems and tactical communications systems over the next five years (c) Form The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 945. Strategy on use of the reserve components of the Armed Forces to support Department of Defense cyber missions (a) Strategy required In developing the force structure to accomplish the cyber missions of the Department of Defense through United States Cyber Command, the Secretary of Defense shall develop a strategy for integrating the reserve components of the Armed Forces into the total force to support the cyber missions of the United States Cyber Command, including support for civil authorities, in the discharge of such missions. (b) Actions required during development In developing the strategy, the Secretary shall do the following: (1) In consultation with the Secretaries of the military departments and the Commander of the United States Cyber Command, identify the Department of Defense cyber mission requirements that could be discharged by members of the reserve components. (2) In consultation with the Secretary of Homeland Security, ensure that the Governors of the several States, through the Council of Governors, as appropriate, have an opportunity to provide the Secretary of Defense and the Secretary of Homeland Security an independent evaluation of State cyber capabilities, and State cyber needs that cannot be fulfilled through the private sector. (3) Identify the existing capabilities and plans for cyber activities of the reserve components, including by the following: (A) An identification of current positions in the reserve components serving Department cyber missions. (B) An inventory of the existing cyber skills of reserve component personnel. (C) An assessment of the manner in which the military departments plan to use the reserve components to meet total force resource requirements, and the effect of such plans on the potential ability of members of the reserve components to support the cyber missions of the United States Cyber Command. (4) Assess whether the National Guard, when activated in a State status (either State Active Duty or in a duty status under title 32, United States Code) can operate under unique and useful authorities to support domestic cyber missions and requirements of the Department or the United States Cyber Command. (5) Assess the appropriateness of hiring on a part-time basis non-dual status technicians who possess appropriate cyber security expertise for purposes of assisting the National Guard in protecting critical infrastructure and carrying out cyber security missions in defense of the United States homeland. (6) Assess the current and potential ability of the reserve components to— (A) attract and retain personnel with substantial, relevant cyber technical expertise who use those skills in the private sector; (B) organize such personnel into units at the State, regional, or national level under appropriate command and control arrangements for Department cyber missions; (C) meet and sustain the training standards of the United States Cyber Command; and (D) establish and manage career paths for such personnel. (7) Determine how the reserve components could contribute to total force solutions to cyber operations requirements of the United States Cyber Command. (8) Develop an estimate of the personnel, infrastructure, and training required, and the costs that would be incurred, in connection with implementing the strategy for integrating the reserve components into the total force for support of the cyber missions of the Department and United States Cyber Command. (c) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the strategy developed under this section. The report shall include a comprehensive description of the strategy, including the results of the actions required by subsection (b), and such other matters on the strategy as the Secretary considers appropriate. 946. Control of the proliferation of cyber weapons (a) Interagency process for establishment of policy The President shall establish an interagency process to provide for the establishment of an integrated policy to control the proliferation of cyber weapons through unilateral and cooperative export controls, law enforcement activities, financial means, diplomatic engagement, and such other means as the President considers appropriate. (b) Objectives The objectives of the interagency process established under subsection (a) shall be as follows: (1) To identify the types of dangerous software that can and should be controlled through export controls, whether unilaterally or cooperatively with other countries. (2) To identify the intelligence, law enforcement, and financial sanctions tools that can and should be used to suppress the trade in cyber tools and infrastructure that are or can be used for criminal, terrorist, or military activities while preserving the ability of governments and the private sector to use such tools for legitimate purposes of self-defense. (3) To establish a statement of principles to control the proliferation of cyber weapons, including principles for controlling the proliferation of cyber weapons that can lead to expanded cooperation and engagement with international partners. (c) Recommendations The interagency process established under subsection (a) shall develop, by not later than 270 days after the date of the enactment of this Act, recommendations on means for the control of the proliferation of cyber weapons, including a draft statement of principles and a review of applicable legal authorities. 947. Integrated policy to deter adversaries in cyberspace (a) Integrated policy The President shall establish an interagency process to provide for the development of an integrated policy to deter adversaries in cyberspace. (b) Objective The objective of the interagency process established under subsection (a) shall be to develop a deterrence policy for reducing cyber risks to the United States and our allies. (c) Report (1) In general Not later than 270 days after the date of the enactment of this Act, the President shall submit to the congressional defense committees a report setting forth the integrated policy developed pursuant to subsection (a). (2) Form The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. 948. Centers of Academic Excellence for Information Assurance matters (a) Contingent preservation of certification during fiscal year 2014 The Centers of Academic Excellence for Information Assurance shall not lose their certification as centers of academic excellence in fiscal year 2014 for failure to meet revised guidelines and criteria for such certification issued by the National Security Agency if the Centers qualify for certification as centers of academic excellence under guidelines and standards for such certification as of September 30, 2013. (b) Assessment of proper body for accreditation or certification Not later than 180 days after the date of the enactment of this Act, the President shall, in consultation with the Secretary of Education and with the advice of the National Advisory Committee on Institutional Quality and Integrity, determine whether either— (1) information assurance has become a mature academic discipline that warrants the creation of a non-government national accreditation body for the development of curricula and other criteria for accrediting the information assurance programs of institutions of higher education; or (2) a direct Government role is still required for the development of curricula and other criteria for certifying the information assurance programs of the existing Centers of Academic Excellence for Information Assurance. (c) Plan (1) In general Not later than one year after the date of the enactment of this Act, the President shall submit to Congress a plan on the following: (A) Implementing the determination made pursuant to subsection (b) on appropriate mechanisms for developing the curricula and other criteria for accrediting or certifying the the information assurance programs of the Centers of Academic Excellence for Information Assurance. (B) Transitioning the responsibility specified in subparagraph (A) from the sole administration of the National Security Agency. (2) Consultation In developing the plan, the President shall consult with appropriate representatives of information assurance interests in all departments and agencies of the Federal Government, State and local governments, academia, and the private sector. (3) Conforming of process to processes for other academic disciplines In developing the plan, the President shall seek to conform the accreditation or certification process for the Centers of Academic Excellence for Information Assurance to the peer-based accreditation practices used for all other established academic disciplines, including a process involving all appropriate constituency communities, and covering standards for curriculum, quality of instruction, contribution to the discipline, and supporting facilities. X General Provisions A Financial Matters 1001. General transfer authority (a) Authority To transfer authorizations (1) Authority Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2014 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred. (2) Limitation Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $4,000,000,000. (3) Exception for transfers between military personnel authorizations A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2). (b) Limitations The authority provided by subsection (a) to transfer authorizations— (1) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and (2) may not be used to provide authority for an item that has been denied authorization by Congress. (c) Effect on authorization amounts A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred. (d) Notice to Congress The Secretary shall promptly notify Congress of each transfer made under subsection (a). 1002. Department of Defense Readiness Restoration Fund (a) Establishment The Secretary of Defense shall establish a fund to be known as the Department of Defense Readiness Restoration Fund Fund (b) Purpose The purpose of the Fund is to provide the Department of Defense with increased flexibility to transfer funds to high priority readiness accounts, where necessary to address significant shortfalls in funding otherwise available for the training activities of the Armed Forces (including flying hours and steaming days) and the maintenance of military equipment. (c) Management (1) In general The Fund shall be managed by a senior official of the Department of Defense designated by the Under Secretary of Defense (Comptroller) for that purpose. (2) Consultation The senior official designated under paragraph (1) shall manage the Fund in consultation with the Assistant Secretary of Defense for Logistics and Materiel Readiness and the Assistant Secretary of Defense for Readiness. (d) Elements (1) In general The Fund shall consist of the following: (A) Amounts transferred to the Fund in accordance with paragraph (2). (B) Any other amounts appropriated to, credited to, or deposited into the Fund by law. (2) Transfers The Secretary of Defense may transfer to the Fund, in accordance with established procedures governing such transfers, any unobligated funds available to the Department of Defense. Any amount so transferred shall be credited to the Fund. (e) Availability of funds (1) In general Subject to the provisions of this subsection, amounts in the Fund shall be available to the Secretary of Defense for transfer to the operation and maintenance accounts of a military department or Defense Agency for expenditure for training activities of the Armed Forces (including flying hours and steaming days) and the maintenance of military equipment. (2) Limitation Amounts in the Fund may not be obligated for any purpose other than purposes described in paragraph (1). (3) Priority in readiness needs The Assistant Secretary of Defense for Logistics and Materiel Readiness and the Assistant Secretary of Defense for Readiness shall establish a process for identifying, evaluating, and prioritizing the key readiness needs of the Department and for ensuring that amounts in the Fund are made available for the highest priority readiness needs so identified. (4) Period of availability The period of availability for obligation of amounts in the Fund shall not be affected by a transfer of such amounts under this section. (5) Effect on authorization amounts A transfer made from one account to another under the authority of this section shall be deemed to change the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred. (f) Construction of transfer authority (1) Transfers to Fund The transfer of amounts to the Fund pursuant to subsection (d)(2) shall not be counted toward the dollar limitation on transfer authority in section 1001, any similar provision in an annual Act authorizing appropriations for a fiscal year for the Department of Defense, or any other provision of law imposing a ceiling on amounts that may be transferred by the Department. (2) Transfers from Fund The transfer of amounts from the Fund to a military department or Defense Agency pursuant to subsection (e)(1) shall not be counted toward the dollar limitation on transfer authority in section 1001, any similar provision in an annual Act authorizing appropriations for a fiscal year for the Department of Defense, or any other provision of law imposing a ceiling on amounts that may be transferred by the Department. (g) Sunset (1) Transfers of unobligated funds The authority to transfer unobligated funds to the Fund under subsection (d)(2) shall cease on September 30, 2014. (2) Transfers from Fund The authority to transfer amounts from the Fund under subsection (e) shall expire on April 1, 2015. (3) Exceptions from transfer limitations The exception from the provisions of law referred to in paragraphs (1) and (2) of subsection (f) of transfers of amounts referred to in such paragraphs shall cease on September 30, 2014. (h) Notice to Congress The Secretary of Defense shall promptly notify the congressional defense committees of each transfer under subsection (d)(2) or (e)(1). (i) Annual report Not later than 60 days after the end of any fiscal year in which amounts are available in the Fund, the Secretary of Defense shall submit to the congressional defense committees a report on the operation of the Fund during such fiscal year. Each report shall include, for the fiscal year covered by such report, the following: (1) A statement of the amounts transferred, appropriated, credited, or deposited to or into the Fund, and the source of such amounts. (2) A description of the expenditures made from the Fund (including expenditures following a transfer of amounts in the Fund to a military department or Defense Agency), including the purpose of such expenditures. (3) A description and assessment of the improvements to the readiness of the Department of Defense resulting from such expenditures. (4) A statement of the balance in the Fund at the beginning and end of such fiscal year. B Counter-Drug Activities 1011. Extension of authority to support unified counter-drug and counterterrorism campaign in Colombia (a) Extension Section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ( Public Law 108–375 Public Law 112–239 (1) in subsection (a), by striking 2013 2015 (2) in subsection (c), by striking 2013 2015 (b) Notice to Congress on assistance Not later than 15 days before providing assistance under section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (as amended by subsection (a)) using funds available for fiscal year 2014, the Secretary of Defense shall submit to the congressional defense committees a notice setting forth the assistance to be provided, including the types of such assistance, the budget for such assistance, and the completion date for the provision of such assistance. 1012. Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities Section 1022(b) of the National Defense Authorization Act for Fiscal Year 2004 ( 10 U.S.C. 371 2013 2015 1013. Extension and expansion of authority to provide additional support for counter-drug activities of certain foreign governments (a) Extension Subsection (a)(2) of section 1033 of the National Defense Authorization Act for Fiscal Year 1998 ( Public Law 105–85 Public Law 112–81 2013 2018 (b) Maximum amount of support Subsection (e)(2) of such section 1033, as so amended, is further amended by striking 2013 2018 (c) Additional governments eligible To receive support Subsection (b) of such section 1033, as so amended, is further amended by adding at the end the following new paragraphs: (36) Government of Chad. (37) Government of Libya. (38) Government of Mali. (39) Government of Niger. . C Naval Vessels and Shipyards 1021. Modification of requirements for annual long-range plan for the construction of naval vessels (a) Annual naval vessel construction plan Subsection (b) of section 231 (1) in paragraph (1)— (A) by striking should be designed shall be designed (B) by striking is capable of supporting supports (2) in paragraph (2)— (A) in subparagraph (B), by inserting and capabilities naval vessel force structure (B) by adding at the end the following new subparagraph: (D) The estimated total cost of construction for each vessel used to determine estimated levels of annual funding under subparagraph (C). . (b) Assessment when construction plan does not meet force structure requirements Such section is further amended— (1) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; and (2) by inserting after subsection (c) the following new subsection (d): (d) Assessment when annual naval vessel construction plan does not meet force structure requirements If the annual naval vessel construction plan for a fiscal year under subsection (b) does not result in a force structure or capabilities that meet the requirements identified in subsection (b)(2)(B), the Secretary shall include with the defense budget materials for that fiscal year an assessment of the extent of the strategic and operational risk to national security associated with the reduced force structure of naval vessels over the period of time that the required force structure or capabilities are not achieved. Such assessment shall include an analysis whether the risks are acceptable, and plans to mitigate such risks. Such assessment shall be coordinated in advance with the commanders of the combatant commands and the Nuclear Weapons Council under section 179 of this title. . 1022. Report on naval vessels and the Force Structure Assessment (a) Report required Not later than February 1, 2014, the Chief of Naval Operations shall submit to the congressional defense committees a report on current and anticipated requirements for combatant vessels of the Navy over the next 30 years. (b) Elements The report required by subsection (a) shall include the following: (1) A description of the naval capability requirements identified by the combatant commands in developing the Force Structure Assessment (FSA) in 2005 and revalidating that Assessment in 2010. (2) The capabilities for each class of vessel that was assumed in the Force Structure Assessment. (3) An assessment of the capabilities of the current fleet of combatant vessels of the Navy to meet current and anticipated requirements. (4) An assessment the capabilities of the anticipated fleet of combatant vessels of the Navy to meet emerging threats over the next 30 years. (5) An assessment of how the Navy will meet combatant command requirements for forward-deployed naval capabilities with a smaller number of ships and submarines. (6) An assessment of how the Navy will manage the risk of massing a greater set of capabilities on a smaller number of ships while facing an expanding range of asymmetrical threats, such as— (A) anti-access/area-denial capabilities; (B) diesel-electric submarines; (C) mines; and (D) anti-ship cruise and ballistic missiles. (c) Form The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 1023. Repeal of policy relating to propulsion systems of any new class of major combatant vessels of the strike forces of the United States Navy Section 1012 of the National Defense Authorization Act for Fiscal Year 2008 ( 10 U.S.C. 7291 1024. Clarification of sole ownership resulting from ship donations at no cost to the Navy (a) Clarification of transfer authority Subsection (a) of section 7306 (a) Authority To make transfer The Secretary of the Navy may convey, by donation, all right, title, and interest to any vessel stricken from the Naval Vessel Register or any captured vessel, for use as a museum or memorial for public display in the United States, to— (1) any State, the District of Columbia, any Commonwealth or possession of the United States, or any municipal corporation or political subdivision thereof; or (2) any nonprofit entity. . (b) Clarification of limitations on liability and responsibility Subsection (b) of such section is amended to read as follows: (b) Limitations on liability and responsibility (1) Immunity of United States The United States and all departments and agencies thereof, and their officers and employees, shall not be liable at law or in equity for any injury or damage to any person or property occurring on a vessel donated under this section. (2) Improvements, upgrades, and repairs Notwithstanding any other law, the United States and all departments and agencies thereof, and their officers and employees, shall have no responsibility or obligation to make, engage in, or provide funding for, any improvement, upgrade, modification, maintenance, preservation, or repair to a vessel donated under this section. . (c) Clarification that transfers to be made at no cost to united states Subsection (c) of such section is amended by inserting after under this section , the maintenance and preservation of that vessel as a museum or memorial, and the ultimate disposal of that vessel, including demilitarization of Munitions List items at the end of the useful life of the vessel as a museum or memorial, (d) Application of environmental laws; definitions Such section is further amended by adding at the end the following new subsections: (e) Application of environmental laws Nothing in this section shall affect the applicability of Federal, State, interstate, and local environmental laws and regulations, including the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. (f) Definitions In this section: (1) The term nonprofit entity (2) The term Munitions List (3) The term donee . (e) Clerical amendments (1) Section heading The heading of such section is amended to read as follows: 7306. Vessels stricken from Naval Vessel Register; captured vessels: conveyance by donation . (2) Table of sections The table of sections at the beginning of chapter 633 of such title is amended by striking the item relating to section 7306 and inserting the following new item: 7306. Vessels stricken from Naval Vessel Register; captured vessels: conveyance by donation. . D Counterterrorism 1031. Transfers to foreign countries of individuals detained at United States Naval Station, Guantanamo Bay, Cuba (a) Authority To transfer under certain circumstances The Secretary of Defense is authorized to transfer or release any individual detained at Guantanamo to the individual’s country of origin, or any other foreign country, if— (1) the Secretary determines, following a review conducted in accordance with the requirements of section 1023 of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 801 note) and Executive Order No. 13567, that the individual is no longer a threat to the national security of the United States; (2) such transfer or release outside the United States is to effectuate an order affecting disposition of the individual by a court or competent tribunal of the United States having jurisdiction; or (3) such individual has been tried in a court or competent tribunal of the United States having jurisdiction on charges based on the same conduct that serves as the basis for the determination that the individual is an enemy combatant and— (A) has been acquitted of such charges; or (B) has been convicted and has completed serving the sentence pursuant to the conviction. (b) Determination required prior to transfer Except as provided in subsection (a), the Secretary of Defense may transfer an individual detained at Guantanamo to the custody or control of the individual’s country origin, or any other foreign country, only if the Secretary determines that— (1) actions that have been or are planned to be taken will substantially mitigate the risk of such individual engaging or reengaging in any terrorist or other hostile activity that threatens the United States or United States persons or interests; and (2) the transfer is in the national security interest of the United States. (c) Factors To Be considered in making determination In making the determination specified in subsection (b), the Secretary of Defense shall take into consideration the following factors: (1) The recommendations of the Guantanamo Detainee Review Task Force established pursuant to Executive Order No. 13492 and the recommendations of the Periodic Review Boards established pursuant to No. Executive Order 13567, as applicable. (2) Any confirmed case in which an individual transferred to the foreign country to which the individual is to be transferred subsequently engaged in terrorist or other other hostile activity that threatened the United States or United States persons or interests. (3) Any actions taken by the United States or the foreign country to which the individual is to be transferred, or change in circumstances in such country, that reduce the risk of recidivism of the type described in paragraph (2). (4) Any assurances provided by the government of the foreign country to which the individual is to be transferred, including that— (A) such government maintains control over any facility at which the individual is to be detained if the individual is to be housed in a government-controlled facility; and (B) such government has taken or agreed to take actions to substantially mitigate the risk of the individual engaging or reengaging in any terrorist or other hostile activity that threatens the United States or United States persons or interests. (5) An assessment of the capacity, willingness, and past practices (if applicable) of the foreign country described in paragraph (4) in meeting any assurances it has provided, including assurances under paragraph (4) regarding its capacity and willingness to mitigate the risk of recidivism. (6) Any record of cooperation by the individual to be transferred with United States intelligence and law enforcement authorities, pursuant to a pre-trial agreement, while in the custody of or under the effective control of the Department of Defense, and any agreements and effective mechanisms that may be in place, to the extent relevant and necessary, to provide continued cooperation with United States intelligence and law enforcement authorities. (d) Notification The Secretary of Defense shall notify the appropriate committees of Congress of a determination of the Secretary under subsection (a) or (b) not later than 30 days before the transfer or release of the individual under such subsection. Each notification shall include, at a minimum, the following: (1) A detailed statement of the basis for the transfer or release. (2) An explanation of why the transfer or release is in the national security interests of the United States. (3) A description of any actions to be taken to mitigate the risks of recidivism by the individual to be transferred or released. (e) Definitions In this section: (1) The term appropriate committees of Congress (A) the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) The term individual detained at Guantanamo (A) is not a citizen of the United States or a member of the Armed Forces of the United States; and (B) is— (i) in the custody or under the control of the Department of Defense; or (ii) otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba. (f) Repeal of superseded authorities The following provisions of law are repealed: (1) Section 1033 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4351). (2) Section 1028 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 10 U.S.C. 801 (3) Section 1028 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1914; 10 U.S.C. 801 1032. Authority to temporarily transfer individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States for emergency or critical medical treatment (a) Transfer for emergency or critical medical treatment authorized Notwithstanding section 1031(a), or any similar provision of law enacted after September 30, 2013, the Secretary of Defense may temporarily transfer any individual detained at Guantanamo to a Department of Defense medical facility in the United States for the sole purpose of providing the individual medical treatment if the Secretary determines that— (1) the Senior Medical Officer, Joint Task Force–Guantanamo Bay, Cuba, has determined that the medical treatment is necessary to prevent death or imminent significant injury or harm to the health of the individual; (2) based on the recommendation of the Senior Medical Officer, Joint Task Force–Guantanamo Bay, Cuba, the medical treatment is not available to be provided at United States Naval Station, Guantanamo Bay, Cuba, without incurring excessive and unreasonable costs; and (3) the Department of Defense has provided for appropriate security measures for the custody and control of the individual during any period in which the individual is temporarily in the United States under this subsection. (b) Limitation on exercise of authority The authority of the Secretary of Defense under subsection (a) may be exercised only by the Secretary of Defense or by another official of the Department of Defense at the level of Under Secretary of Defense or higher. (c) Conditions of transfer An individual who is temporarily transferred under the authority in subsection (a) shall— (1) remain in the custody and control of the Secretary of Defense at all times; and (2) be returned to United States Naval Station, Guantanamo Bay, Cuba, as soon as feasible after a Department of Defense physician determines that— (A) the individual is medically cleared to travel; and (B) in consultation with the Commander, Joint Task Force–Guantanamo Bay, Cuba, any necessary follow-up medical care may reasonably be provided the individual at United States Naval Station, Guantanamo Bay, Cuba. (d) Status while in United States An individual who is temporarily transferred under the authority in subsection (a), while in the United States— (1) shall be considered to be paroled into the United States temporarily pursuant to section 212(d)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)(A)); (2) shall not be permitted to apply for asylum under section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 8 U.S.C. 1229a (3) shall not be permitted to avail himself of any right, privilege, or benefit of any law of the United States beyond those available to individuals detained at United States Naval Station, Guantanamo Bay, Cuba. (e) Judicial review precluded A decision not to grant a temporary transfer under subsection (a), or not to recommend the granting of such a transfer, shall not give rise to a judicial cause of action. (f) Notification The Secretary of Defense shall notify the Committees on Armed Services of the Senate and the House of Representatives of any temporary transfer of an individual under the authority in subsection (a) not later than 5 days after the transfer of the individual under that authority. (g) Individual detained at Guantanamo defined In this section, the term individual detained at Guantanamo 1033. Limitation on the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba (a) In general Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act for fiscal year 2014 may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions of Khalid Sheikh Mohammed or any other detainee who— (1) is not a United States citizen or a member of the Armed Forces of the United States; and (2) is or was held on or after January 20, 2009, at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. (b) Transfer for detention and trial The Secretary of Defense may transfer a detainee described in subsection (a) to the United States for detention and trial if the Secretary— (1) determines that the transfer is in the national security interest of the United States; (2) determines that appropriate actions have been taken, or will be taken, to address any risk to public safety that could arise in connection with the detention and trial in the United States; and (3) notifies the appropriate committees of Congress not later than 30 days before the date of the proposed transfer. (c) Notification elements A notification on a transfer under subsection (b)(3) shall include the following: (1) A statement of the basis for the determination that the transfer is in the national security interest of the United States. (2) A description of the actions the Secretary determines have been taken, or will be taken, to address any risk to public safety that could arise in connection with the detention and trial in the United States. (d) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress (1) the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. 1034. Clarification of procedures for use of alternate members on military commissions (a) Primary and alternate members (1) Number of members Subsection (a) of section 948m (A) in paragraph (1)— (i) by striking at least five members at least five primary members and as many alternate members as the convening authority shall detail (ii) by adding at the end the following new sentence: Alternate members shall be designated in the order in which they will replace an excused primary member. (B) in paragraph (2), by inserting primary the number of (2) General rules Such section is further amended— (A) by redesignating subsection (b) and (c) as subsections (d) and (e), respectively; and (B) by inserting after subsection (a) the following new subsections (b) and (c): (b) Primary members Primary members of a military commission under this chapter are voting members. (c) Alternate members (1) A military commission may include alternate members to replace primary members who are excused from service on the commission. (2) Whenever a primary member is excused from service on the commission, an alternate member, if available, shall replace the excused primary member and the trial may proceed. . (3) Excuse of members Subsection (d) of such section, as redesignated by paragraph (2)(A), is amended— (A) in the matter before paragraph (1), by inserting primary or alternate member (B) in paragraph (2), by striking or (C) in paragraph (3), by striking the period at the end and inserting ; or (D) by adding at the end the following new paragraph: (4) in the case of an alternate member, in order to reduce the number of alternate members required for service on the commission, as determined by the convening authority. . (4) Absent and additional members Subsection (e) of such section, as redesignated by paragraph (2)(A), is amended— (A) in the first sentence— (i) by inserting the number of primary members of Whenever (ii) by inserting primary members required by (iii) by inserting and there are no remaining alternate members to replace the excused primary members subsection (a) (B) by adding at the end the following new sentence: An alternate member who was present for the introduction of all evidence shall not be considered to be a new or additional member. (b) Challenges Section 949f of such title is amended— (1) in subsection (a), by inserting primary or alternate members (2) in subsection (b), by adding at the end the following new sentence: Nothing in this section prohibits the military judge from awarding to each party such additional peremptory challenges as may be required in the interests of justice. (c) Number of votes required Section 949m of such title is amended— (1) by inserting primary members (2) in subsection (b), by adding at the end the following new paragraph: (4) The primary members present for a vote on a sentence need not be the same primary members who voted on the conviction if the requirements of section 948m(d) of this title are met. . E Nuclear Forces 1041. Modification of responsibilities and reporting requirements of Nuclear Weapons Council (a) Responsibilities Subsection (d) of section 179 (1) by striking paragraph (10); and (2) by redesignating paragraphs (11) and (12) as paragraphs (10) and (11), respectively. (b) Annual report Subsection (g) of such section is amended by adding at the end the following new paragraph: (6) A description of the joint efforts of the Department of Defense and the Department of Energy with respect to the physical protection of special nuclear material and the development of common physical protection standards for such material. . 1042. Modification of deadline for report on plan for nuclear weapons stockpile and nuclear weapons complex Section 1043(a) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1576) is amended— (1) in the subsection heading, by striking on the plan control system required (2) in paragraph (1)— (A) by striking Together with the budget of the President submitted to Congress under section 1105(a) The President (B) by striking control system. (A) together with the budget of the President submitted to Congress under section 1105(a) of title 31, United States Code, for each of fiscal years 2013 and 2014; and (B) except as provided in paragraph (2), not later than 60 days after the submission of the budget of the President to Congress under that section for each of fiscal years 2015 through 2019. ; (3) by redesignating paragraph (2) as paragraph (3); and (4) by inserting after paragraph (1) the following new paragraph (2): (2) Extension of deadline for report If the Secretary of Defense and the Secretary of Energy jointly determine that a report required by paragraph (1) for any of fiscal years 2015 through 2019 will not able to be transmitted to the committees specified in that paragraph by the time required under subparagraph (B) of that paragraph, such Secretaries shall— (A) promptly, and before the submission to Congress of the budget of the President for that fiscal year under section 1105(a) (B) not later than 30 days after the submission of that budget to Congress, provide a briefing to those committees on the content of the report. . 1043. Cost estimates and comparisons relating to interoperable warhead (a) Cost estimate of certain life extension activities (1) In general The Secretary of Defense, acting through the Director of Cost Assessment and Program Evaluation, shall estimate the costs of life extension activities for the following: (A) Deployed and hedge W88 Trident II D5 missile warheads. (B) Deployed and hedge W78 intercontinental ballistic missile warheads. (C) Deployed and hedge W87 intercontinental ballistic missile warheads. (2) Submission The Secretary shall submit the cost estimate required by paragraph (1) to the congressional defense committees not later than February 1, 2014. (b) Cost comparison relating to interoperable warhead (1) In general The Secretary, acting through the Director, shall compare the costs of life extension activities for the warheads referred to in subsection (a)(1), using the cost estimate required by that subsection, to the costs of replacing the W88 Trident II D5 missile warheads and the W78 intercontinental ballistic missile warheads with an interoperable warhead, using the cost estimate for phase 6.2A (relating to design definition and cost study) for the interoperable warhead. (2) Submission The Secretary shall submit to the congressional defense committees a report on the cost comparison required by paragraph (1) not later than April 1, 2014. (c) Limitation on use of funds None of the funds authorized to be appropriated or otherwise made available by this Act may be obligated or expended for an interoperable warhead to replace the W88 Trident II D5 missile warheads and the W78 intercontinental ballistic missile warheads after the completion of phase 6.2A for the interoperable warhead until the Secretary submits to the congressional defense committees the report on the cost comparison required by subsection (b). 1044. Sense of Congress on ensuring the modernization of United States nuclear forces (a) Policy It is the policy of the United States to modernize or replace the triad of strategic nuclear delivery systems, to proceed with a robust stockpile stewardship program, and to maintain and modernize the nuclear weapons production capabilities that will ensure the safety, security, reliability, and performance of the United States nuclear arsenal at the New START Treaty levels and meet requirements for hedging against possible international developments or technical problems, in conformance with United States policies and to underpin deterrence. (b) Sense of Congress It is the sense of Congress that— (1) Congress is committed to providing the resources needed to achieve the objectives stated in subsection (a) at a minimum at the level set forth in the 10-year plan provided to Congress on an annual basis pursuant to section 1043 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 (2) Congress supports the modernization or replacement of the triad of strategic nuclear delivery systems: a heavy bomber and air-launched cruise missile, an ICBM, and an SSBN and SLBM; and (3) the President and Congress should work together to meet the objectives stated in subsection (a) in the most cost-efficient manner possible. 1045. Readiness and flexibility of intercontinental ballistic missile force (a) In general The Secretary of Defense may, in a manner consistent with the obligations of the United States under international agreements— (1) retain intercontinental ballistic missile launch facilities currently supporting deployed strategic nuclear delivery vehicles within the limit of 800 deployed and non-deployed strategic launchers; (2) maintain intercontinental ballistic missiles on alert or operationally deployed status; and (3) preserve intercontinental ballistic missile silos in operational or warm status. (b) Report required Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the feasibility and advisability of preserving intercontinental ballistic missile silos in operational or warm status. F Miscellaneous Authorities and Limitations 1051. National security spectrum strategy (a) National security spectrum strategy (1) In general Chapter 2 119a. National security spectrum strategy (a) Strategy required The Secretary of Defense shall, in consultation with the Director of National Intelligence and the Secretary of Commerce, develop and update from time to time a strategy on the availability and use of the electromagnetic spectrum to meet the national security requirements of the United States. (b) Periods covered by strategy The strategy shall cover each of the following periods (counting from the date of the issuance of the strategy or any update of the strategy): (1) Zero to five years. (2) Five to ten years. (3) Ten to thirty years. (c) Elements The strategy shall include the following (current as of the date of the issuance of the strategy or any update of the strategy): (1) An inventory of the uses of the electromagnetic spectrum for national security purposes and other purposes. (2) An estimate of the need for electromagnetic spectrum for national security and other purposes over each of the periods specified in subsection (b). (3) An estimate of the capacity to share electromagnetic spectrum over each of the period specified in subsection (b) among national security purposes and other purposes in accordance with the estimate developed under paragraph (2). (4) Plans to continue to use blocks of electromagnetic spectrum, or to relocate to or commence use of blocks of electromagnetic spectrum, over each of the periods specified in subsection (b). (5) An estimate of the costs of any plans to relocate to or commence use of blocks of electromagnetic spectrum, over each of the periods specified in subsection (b). (6) Any other matters that the Secretary of Defense, in consultation with the Director of National Intelligence and the Secretary of Commerce, considers appropriate for the strategy. (d) Frequency of updates The strategy shall be updated not less often than once every five years. (e) Form The strategy, and any update of the strategy, shall be issued in unclassified form, but may include a classified annex. . (2) Clerical amendment The table of sections at the beginning of chapter 2 of such title is amended by adding at the end the following new item: 119a. National security spectrum strategy. . (b) Deadline for development of strategy The national security spectrum strategy required by section 119a 1052. Department of Defense representation in dispute resolution regarding surrender of Department of Defense bands of electromagnetic frequencies Section 1062(b) of the National Defense Authorization Act for Fiscal Year 2000 ( Public Law 106–65 (3) Dispute resolution In the event of any dispute resolution process involving the surrender of use of such band of frequencies, the Secretary shall ensure the Department of Defense has adequate representation to convey its views. . 1053. Sense of Senate on parental rights of members of the Armed Forces in child custody determinations It is the sense of the Senate that State courts should not consider a military deployment, including past, present, or future deployment, as the sole factor in determining child custody in a State court proceeding involving a parent who is a member of the Armed Forces. The best interest of the child should always prevail in custody cases, but members of the Armed Forces should not lose custody of their children based solely upon service to our country. G Studies and Reports 1061. Repeal and modification of reporting requirements (a) Title 10, United States Code Title 10, United States Code, is amended as follows: (1) Section 113 is amended by striking subsection (m). (2) Section 117 is amended— (A) by striking subsection (e); and (B) by redesignating subsection (f) as subsection (e). (3) Section 127 is amended by striking subsection (d). (4) Section 153 is amended by striking subsection (c). (5) (A) Section 483 is repealed. (B) The table of sections at the beginning of chapter 23 is amended by striking the item relating to section 483. (6) Section 1781b is amended by striking subsection (d). (7) Section 2216 is amended— (A) by striking subsection (i); and (B) by redesignating subsections (j) and (k) as subsections (i) and (j), respectively. (8) Section 2244a(c) is amended by striking the last sentence. (9) Section 2410i(c) is amended by striking the last sentence. (10) Section 2835 is amended— (A) in subsection (a), by striking Subject to subsection (b), the Secretary The Secretary (B) by striking subsection (b); and (C) by redesignating subsections (c) through (f) as subsections (b) through (e), respectively. (11) Section 2861 is amended— (A) by striking subsection (c); and (B) by redesignating subsection (d) as subsection (c). (12) (A) Section 2884 is amended— (i) by striking subsection (b); (ii) in subsection (a)— (I) by redesignating paragraph (2) as subsection (b); (II) in paragraph (1)— (aa) by striking Project reports Reports (bb) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; (iii) in subsection (b), as redesignated by clause (ii)(I), by striking For each Content of reports (iv) by redesignating paragraphs (3) and (4) of subsection (a) as paragraphs (2) and (3), respectively, of subsection (b), as redesignated by clause (ii)(I); and (v) in paragraph (2), as redesignated by clause (iv), of subsection (b), as redesignated by clause (ii)(I), by striking contract described in paragraph (1) contract described in subsection (a) (B) (i) The heading of such section is amended to read as follows: 2884. Project reports . (ii) The item relating to such section in the table of sections at the beginning of subchapter IV of chapter 169 is amended to read as follows: 2884. Project reports. . (13) Section 2885(a)(3) is amended by striking If a project In the case of a project for new construction, if the project (14) Section 2916 is amended by striking subsection (c). (b) Annual National Defense Authorization Acts (1) Fiscal year 2009 Section 903(b)(5) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 (5) Not later than December 31 of each year, the corrosion control and prevention executive of a military department shall submit to the Secretary of Defense a report containing recommendations pertaining to the corrosion control and prevention program of the military department. Such report shall include recommendations for the funding levels necessary for the executive to carry out the duties of the executive under this section. . (2) Fiscal year 2008 The National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 (A) Section 1074(b)(6) ( 10 U.S.C. 113 (i) in subparagraph (A), by striking The Secretary Except as provided in subparagraph (D), the Secretary (ii) by adding at the end the following new subparagraph: (D) Exceptions Subparagraph (A) does not apply to determinations made with respect to the following individuals: (i) An individual described in paragraph (2)(C) who is otherwise sponsored by the Secretary of Defense, the Deputy Secretary of Defense, the Chairman of the Joint Chiefs of Staff, or the Vice Chairman of the Joint Chiefs of Staff. (ii) An individual described in paragraph (2)(E). . (B) Section 2864 (10 U.S.C. 2911 note) is repealed. (3) Fiscal year 2007 The John Warner National Defense Authorization Act for Fiscal Year 2007 ( Public Law 109–364 (A) Section 226 (120 Stat. 2131) is repealed. (B) Section 323 (10 U.S.C. 229 note) is amended— (i) by striking subsection (c); and (ii) by redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively. (4) Fiscal year 1999 Section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( Public Law 105–261 5 U.S.C. 3104 (c) Security report Section 3151 of the Department of Energy Facilities Safeguards, Security, and Counterintelligence Enhancement Act of 1999 (subtitle D of title XXXI of Public Law 106–65 42 U.S.C. 7383e 1062. Report on plans for the disposition of the Mine Resistant Ambush Protected vehicle fleet (a) Report Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretaries of the military departments and the commanders of the geographic combatant commands, submit to the congressional defense committees a report setting forth the plans of the Department of Defense for the Mine Resistant Ambush Protected (MRAP) vehicle fleet. (b) Elements The report under subsection (a) shall include the following: (1) An enumeration of the number, type, and status of Mine Resistant Ambush Protected vehicles that have been selected for integration into the overall tactical wheeled vehicle fleet across the Armed Forces, including the reserve components of the Armed Forces. (2) An enumeration of the number, type, and status of Mine Resistant Ambush Protected vehicles that have been selected for sustainment stocks, prepositioned stocks, or war reserve, or for training purposes. (3) An enumeration of the number, type, and status of Mine Resistant Ambush Protected vehicles that have been selected for divestiture or some other purpose. (4) An analysis of the lessons learned from the rapid acquisition process used to procure Mine Resistant Ambush Protected vehicles, and recommendations for future rapid acquisitions processes with respect to similar vehicles. (5) A cost-benefit analysis of the proposed divestiture of Mine Resistant Ambush Protected vehicles, and an identification of opportunities for, and impediments to, foreign military sale, transfer, or commercial reuse of vehicles proposed for divestiture. (6) A description of the operations, sustainment, and modernization plans for Mine Resistant Ambush Protected vehicles proposed for retention by the Armed Forces. 1063. Report on foreign language support contracts for the Department of Defense (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report setting forth an assessment of the current approach of the Department of Defense for managing foreign language support contracts for the Department. (b) Elements The report required by subsection (a) shall set forth the following: (1) A description and analysis of the spending by the Department on all types of foreign language support services and products acquired by the components of the Department. (2) An assessment, in light of the analysis under paragraph (1), whether adjustment are needed in the management of foreign language support contracts for Department in order to obtain efficiencies in contracts for all types of foreign language support for the Department. 1064. Civil Air Patrol (a) Report The Secretary of the Air Force shall submit to the congressional defense committees a report on the Civil Air Patrol fleet. (b) Elements The report required by subsection (a) shall include the following: (1) An assessment whether the current number of aircraft, operating locations, and types of aircraft in the Civil Air Patrol fleet are suitable for each of the following: (A) Emergency missions in support of the Air Force, the Federal Emergency Management Agency, State and local governments, and others. (B) Other operational missions in support of the Air Force, other Federal agencies, State and local governments, and others. (C) Flight proficiency, flight training, and operational mission training and support for cadet orientation and cadet flight training programs in every State Civil Air Patrol wing. (2) An assessment of the ideal overall size of the Civil Air Patrol aircraft fleet, including a description of the factors used in determining that size. (3) An assessment of the process used by the Civil Air Patrol and the Air Force to determine aircraft operating locations, and whether State wing commanders are appropriately involved in that process. (4) An assessment of the process used by the Civil Air Patrol, the Air Force, the Federal Emergency Management Agency, and others to determine the type of aircraft and number of aircraft to be needed to support emergency, operational, and training missions. 1065. Eagle Vision system (a) Report required (1) In general Not later than 180 days after the date of the enactment of this Act, the Chief of Staff of the Air Force shall submit to the congressional defense committees a report on the Eagle Vision system. (2) Elements The report required by paragraph (1) shall include a description and assessment of the various commands, components of the Armed Forces, and Defense Agencies to which control of the Eagle Vision system could be transferred from the Headquarters of the Air Force, including the actions to be completed before transfer, potential schedules for transfer, and the effects of transfer on the capabilities of the system or use of the system by other elements of the Department. (b) Limitation on certain actions The Secretary of the Air Force may not undertake any changes to the organization or control of the Eagle Vision system until 90 days after the date of the submittal to the congressional defense committees of the report required by subsection (a). H Other Matters 1081. Extension of Ministry of Defense Advisor Program (a) Extension of authority Subsection (b) of section 1081 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 (1) in paragraph (1), by striking September 30, 2014 September 30, 2019 (2) in paragraph (2), by striking fiscal year 2012, 2013, or 2014 a fiscal year ending on or before that date (b) Update of policy guidance on authority The Under Secretary of Defense for Policy shall issue an update of the policy of the Department of Defense for assignment of civilian employees of the Department as advisors to foreign ministries of defense under the authority in section 1081 of the National Defense Authorization Act for Fiscal Year 2012, as amended by this section. (c) Additional annual reports Subsection (c) of such section is amended by striking 2014 2019 (d) Technical amendment Subsection (c)(4) of such section is amended by striking carried out such by such carried out by such (e) Date for submittal of Comptroller General of the United States report Subsection (d) of such section is amended by striking December 30, 2013 December 31, 2014 XI Civilian Personnel Matters 1101. Extension of voluntary reduction-in-force authority for civilian employees of the Department of Defense Section 3502(f)(5) of title 5, United States Code, is amended by striking September 30, 2014 September 30, 2018 1102. Extension of authority to make lump sum severance payments to Department of Defense employees Section 5595(i)(4) of title 5, United States Code, is amended by striking October 1, 2014 October 1, 2018 1103. Expansion of protection of employees of nonappropriated fund instrumentalities from reprisals Section 1587(b) of title 10, United States Code, is amended by inserting after take or fail to take , or threaten to take or fail to take, 1104. Extension of enhanced appointment and compensation authority for civilian personnel for care and treatment of wounded and injured members of the Armed Forces (a) Extension Subsection (c) of section 1599c December 31, 2015 December 31, 2020 (b) Repeal of fulfilled requirement Such section is further amended— (1) by striking subsection (b); and (2) by redesignating subsection (c), as amended by subsection (a) of this section, as subsection (b). (c) Repeal of references to certain title 5 authorities Subsection (a)(2)(A) of such section is amended by striking sections 3304, 5333, and 5753 of title 5 section 3304 of title 5 1105. Amount of educational assistance under Science, Mathematics, and Research for Transformation Defense Education Program Section 2192a(b)(2) the amount determined room and board an amount determined by the Secretary of Defense 1106. Flexibility in employment and compensation of civilian faculty at certain additional Department of Defense schools Section 1595(c) (5) The Defense Institute for Security Assistance Management. (6) The Joint Special Operations University. . 1107. Temporary authority for direct appointment to certain positions at Department of Defense research and engineering facilities (a) Authority for direct appointment (1) Candidates for scientific and engineering positions at science and technology reinvention laboratories The Secretary of Defense may appoint qualified candidates possessing a bachelor’s degree to positions described in paragraph (1) of subsection (b) as an employee in a laboratory described in that paragraph without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code (other than sections 3303 and 3328 of such title). (2) Veteran candidates for similar positions at research and engineering facilities The Secretary may appoint qualified veteran candidates to positions described in paragraph (2) of subsection (b) as an employee at a laboratory, agency, or organization specified in that paragraph without regard to the provisions of subchapter I of chapter 33 (b) Covered positions (1) Candidates for scientific and engineering positions The positions described in this paragraph are scientific and engineering positions in any laboratory designated by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 10 U.S.C. 2358 (2) Qualified veteran candidates The positions described in this paragraph are scientific, technical, engineering, and mathematics positions, including technicians, in the following: (A) Any laboratory referred to in paragraph (1). (B) Any other Department of Defense research and engineering agency or organization designated by the Secretary for purposes of subsection (a)(2). (c) Limitation on number appointable in any calendar year (1) In general The authority under this section may not, in any calendar year and with respect to any laboratory, agency, or organization described in subsection (b), be exercised with respect to a number of candidates greater than the following: (A) In the case of a laboratory described in subsection (b)(1) with respect to appointment authority under subsection (a)(1), the number equal to 1 percent of the total number of scientific and engineering positions in such laboratory that are filled as of the close of the fiscal year last ending before the start of such calendar year. (B) In the case of a laboratory, agency, or organization described in subsection (b)(2) with respect to appointment authority under subsection (a)(2), the number equal to 1 percent of the total number of scientific, technical, engineering, mathematics, and technician positions in such laboratory, agency, or organization that are filled as of the close of the fiscal year last ending before the start of such calendar year. (2) Full-time equivalent basis For purposes of this subsection, positions and candidates shall be counted on a full-time equivalent basis. (d) Definitions In this section: (1) The term employee (2) The term veteran (e) Sunset Appointments may not be made under this section after December 31, 2019. 1108. Modernization of titles of nonappropriated fund instrumentalities for purposes of certain civil service laws Section 2105(c) of title 5, United States Code, is amended in the matter preceding paragraph (1) by striking Army and Air Force Motion Picture Service, Navy Ship's Stores Ashore Navy Ship Stores Program XII Matters Relating to Foreign Nations A Assistance and Training 1201. Modification and extension of authorities relating to program to build the capacity of foreign military forces (a) Availability of funds Subsection (c)(5) of section 1206 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 Public Law 112–239 (1) by striking not more than $75,000,000 may be used during fiscal year 2010, not more than $75,000,000 may be used during fiscal year 2011, and (2) by striking each of fiscal years 2012, 2013, and 2014 each fiscal year through fiscal year 2018 (b) Extension of program authorization Subsection (g) of such section, as so amended, is further amended— (1) by striking September 30, 2014 September 30, 2018 (2) by striking through 2014 through 2018 (c) Report Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretary of State, submit to the congressional defense committees a report on the scope of counterterrorism operations for which assistance is authorized to be provided under section 1206 of the National Defense Authorization Act for Fiscal Year 2006. The report shall include the following: (1) A statement of the purposes for which assistance may be provided under the authority of section 1206 of the National Defense Authorization Act for Fiscal Year 2006, consistent with the Presidential Policy Directive on United States Security Sector Assistance issued on April 5, 2013. (2) A description of the types of activities that are appropriately within the scope of capacity building assistance under such authority. (3) A description and assessment of the monitoring and evaluation procedures for such assistance, including measures of effectiveness applicable to counterterrorism capacity building activities under such authority. (4) A prioritized list and discussion of the primary security threats as of the date of the report against which counterterrorism capacity building under such authority is or may be directed, in light of the end of combat operations in Iraq and the expected completion of combat operations by coalition forces in Afghanistan by December 2014. 1202. Revisions to Global Security Contingency Fund authority (a) Authority Subsection (b)(1) of section 1207 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 22 U.S.C. 2151 (1) in the matter preceding subparagraph (A), by striking forces, and forces, or (2) in subparagraph (A)— (A) by striking and or (B) by striking ; and ; or (b) Annual report requirement Subsection (m) of such section is amended in the matter preceding paragraph (1)— (1) by striking October 30, 2012, and annually thereafter October 30 each year (2) by striking subsection (q) subsection (o) (c) Repeal of fiscal year 2012 transitional authorities Subsection (n) of such section is repealed. (d) Repeal of statutory funding limitation Subsection (o) of such section is repealed. (e) Redesignation of provisions Such section is further amended by redesignating subsections (p) and (q) as subsections (n) and (o), respectively. 1203. Training of general purpose forces of the United States Armed Forces with military and other security forces of friendly foreign countries (a) In general Under regulations prescribed under subsection (d), general purpose forces of the United States Armed Forces may train with the military forces or other security forces of a friendly foreign country if the Secretary of Defense determines that it is in the national security interests of the United States to do so. Training may be conducted under this section only with the prior approval of the Secretary. (b) Authority To pay expenses (1) In general The Secretary of a military department or the commander of a combatant command may pay, or authorize payment for, the incremental expenses incurred by a friendly foreign country as the direct result of training with general purpose forces of the United States Armed Forces pursuant to subsection (a). (2) Limitation The amount of incremental expenses payable under paragraph (1) in any fiscal year may not exceed $15,000,000. (c) Reports to Congress Not later than April 1 of each year following a fiscal year in which training is conducted pursuant to subsection (a), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representative a report on the training conducted pursuant to that subsection during that fiscal year. Each report shall specify, for the fiscal year covered by such report, the following: (1) Each country in which training was conducted. (2) The type of training conducted, the duration of such training, the number of members of the United States Armed Forces involved in such training. (3) The extent of participation in such training by foreign military forces and other security forces, including the number and service affiliation of foreign military and other security force personnel involved and the physical and financial contribution of each country specified in paragraph (1) in such training. (4) The relationship of such training to other overseas training programs conducted by the United States Armed Forces, such as military exercise programs sponsored by the Joint Chiefs of Staff, military exercise programs sponsored by a combatant command, and military training activities sponsored by a military department (including deployments for training, short duration exercises, and other similar unit training events). (5) A summary of the expenditures under subsection (b) in connection with such training. (6) A description and assessment of the unique military training benefits for members of the United States Armed Forces involved in such training. (d) Regulations Any training conducted pursuant to subsection (a) shall be conducted under regulations prescribed by the Secretary of Defense for the administration of this section. The regulations shall be prescribed not later than 180 days after the date of the enactment of this Act. The regulations shall establish accounting procedures to ensure that any expenditures pursuant to this section are accounted for and appropriate. (e) Definitions In this section: (1) The term incremental expenses (2) The term other security forces (f) Expiration The authority under this section may not be exercised after September 30, 2018. 1204. United States counterterrorism assistance and cooperation in North Africa (a) Strategic framework required The Secretary of Defense shall, in coordination with appropriate officials of the Executive Branch, develop a strategic framework for United States counterterrorism assistance and cooperation in the Sahel region of Africa, including for programs conducted under the Trans-Sahara Counter Terrorism Partnership, Operation Enduring Freedom–Trans Sahara, and related security assistance authorities. (b) Elements The strategic framework required by subsection (a) shall include the following: (1) An evaluation of the threat of terrorist organizations operating in the Sahel region to the national security of the United States. (2) An identification on a regional basis of the primary objectives, priorities, and desired end-states of United States counterterrorism assistance and cooperation programs in the region, and of the resources required to achieve such objectives, priorities, and end-states. (3) A methodology for assessing the effectiveness of United States counterterrorism assistance and cooperation programs in the region in making progress towards the objectives and desired end-states identified pursuant to paragraph (2), including an identification of key benchmarks of such progress. (4) Criteria for bilateral partnerships in the region. (5) Plans for enhancing coordination among United States and international agencies for planning and implementation of United States counterterrorism assistance and cooperation programs for the region on a regional basis, rather than a country-by-country basis, in order to improve coordination among United States regional and bilateral counterterrorism assistance and cooperation programs in the region. (c) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall jointly submit to the appropriate committees of Congress a report that includes the following: (1) A comprehensive description of the strategic framework required by subsection (a). (2) A description of lessons learned regarding the organization and implementation of United States counterterrorism assistance and cooperation programs for the Sahel region of Africa, including an evaluation of the performance and commitment of regional partners in the Sahel region, including Mali in particular, in 2012 and 2013. (d) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress (1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and (2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives. 1205. Assistance to the Government of Jordan for border security operations (a) Authority If the President determines that it is in the national security interests of the United States, the Secretary of Defense may furnish assistance, including on a reimbursement basis, to the armed forces of Jordan on such terms as the President considers appropriate for purposes of supporting and maintaining the ability of the armed forces of Jordan to maintain security along the border between Jordan and Syria. (b) Funds Available The Secretary of Defense may use the following funds to furnish assistance pursuant to subsection (a): (1) Funds authorized to be appropriated by section 1504 and available for the Department of Defense for operation and maintenance for Defense-wide activities as specified in the funding table in section 4302. (2) Funds authorized to be appropriated by title XV of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 Public Law 110–181 (c) Limitations (1) Limitation on amount The total amount of assistance, including reimbursements, provided under the authority in subsection (a) may not exceed the following: (A) In the case of assistance using amounts available under subsection (b)(1), $75,000,000. (B) In the case of assistance using amounts available under subsection (b)(2), $75,000,000. (2) Applicability of certain regulations The provision of any reimbursements as assistance under the authority in subsection (a) shall be subject to regulations applicable to reimbursements of certain coalition nations for support provided to United States military operations under section 1233 of the National Defense Authorization Act for Fiscal Year 2008. (3) Prohibition on contractual obligation The Secretary of Defense may not enter into any contractual obligation to provide assistance under subsection (a). (d) Notice to Congress (1) Notice on determination to use authority The President shall notify the congressional defense committees of the determination under subsection (a). Such notice shall include a full description of the reasons the President determines that the exercise of the authority in subsection (a) is the national security interests of the United States. (2) Notice before exercise The Secretary of Defense shall submit to the congressional defense committees, not later than 15 days before providing assistance under the authority in subsection (a), a full description of the assistance to be provided (including the amount of assistance to be provided) and the timeline for the provision of such assistance. (e) Expiration No assistance may be provided under the authority in subsection (a) after December 31, 2014. 1206. Authority to conduct activities to enhance the capability of foreign countries to respond to incidents involving weapons of mass destruction (a) Authority The Secretary of Defense may, with the concurrence of the Secretary of State, and in consultation with the Attorney General and the Secretary of Homeland Security, provide assistance to the military and civilian first responders of a foreign country in order for that country to respond effectively to incidents involving weapons of mass destruction. (b) Authorized elements Assistance provided under this section may include training, equipment, and supplies. (c) Availability of funds for activities across fiscal years Amounts available for any fiscal year for the provision of assistance under the authority in subsection (a) may be used for an activity to provide such assistance that begins in that fiscal year but ends in the next fiscal year. (d) Interagency coordination In carrying out this section, the Secretary of Defense shall comply with any otherwise applicable requirement for coordination or consultation within the executive branch. 1207. Support of foreign forces participating in operations to disarm the Lord's Resistance Army (a) Authority Pursuant to the policy established by the Lord's Resistance Army Disarmament and Northern Uganda Recovery Act of 2009 ( Public Law 111–172 (1) The national military forces of Uganda. (2) The national military forces of any other country determined by the Secretary of Defense to be participating in such operations. (b) Funding (1) In general Of the amount authorized to be appropriated for a fiscal year for the Department of Defense for operation and maintenance, not more than $50,000,000 may be utilized in such fiscal year to provide support under subsection (a). (2) Availability of funds across fiscal years Amounts available under this subsection for a fiscal year for support under the authority in subsection (a) may be used for support under that authority that begins in such fiscal year but ends in the next fiscal year. (c) Limitations The Secretary of Defense may not use the authority in subsection (a) to provide any type of support that is otherwise prohibited by any provision of law. (d) Notice to congress on support To be provided Not less than 15 days before the date on which funds are obligated to provide support under subsection (a), the Secretary of Defense shall submit to the appropriate committees of Congress a notice setting forth the following: (1) The type of support to be provided. (2) The national military forces to be supported. (3) The objectives of such support. (4) The estimated cost of such support. (5) The intended duration of such support. (e) Definitions In this section: (1) The term appropriate committees of Congress (A) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. (2) The term logistic support, supplies, and services section 2350(1) (f) Expiration The authority provided under this section may not be exercised after the termination by the Secretary of Defense of Operation Observant Compass. (g) Repeal of superseded authority Section 1206 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 B Matters Relating to Afghanistan, Pakistan, and Iraq 1211. Commanders’ Emergency Response Program in Afghanistan (a) One year extension (1) In general Section 1201 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 fiscal year 2013 fiscal year 2014 (2) Conforming amendment The heading of subsection (a) of such section is amended by striking for fiscal year 2013 (b) Funds available during fiscal year 2014 Subsection (a) of such section is further amended by striking $200,000,000 $60,000,000 (c) Repeal of requirement for quarterly briefings Subsection (b) of such section is amended— (1) in the subsection heading, by striking and briefings (2) by striking paragraph (3). (d) Review required Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Department of Defense Office of the Inspector General, the Special Inspector General for Afghanistan Reconstruction, the Special Inspector General for Iraq Reconstruction, and the Government Accountability Office, shall submit to Congress a comprehensive report on lessons learned and best practices from execution of the Commanders’ Emergency Response Program (CERP) from Iraq and Afghanistan. (e) Contents of report The report required by subsection (d) shall include a description of CERP best practices and lessons learned related to: (1) Requirements, training, and/or certifications for CERP managers in the field and headquarters. (2) Project planning, execution, management, closeout, sustainability, and transfer to host government. (3) Project approval process, including appropriate approval levels for higher-value projects. (4) Project monitoring and evaluation. (5) Control and accountability of funds. (6) Procurement procedures, including local procurement. (7) Processes to maintain flexibility and rapid implementation of funds, but retain accountability of CERP projects. (8) Reporting requirements to the Defense Department and Congress. (9) Recommendations for the use of CERP in future contingency operations. (10) Recommendations for developing a CERP handbook for use by future CERP administrators. 1212. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq (a) Extension and modification of authority Subsection (f) of section 1215 of the National Defense Authorization Act for Fiscal Year 2012 ( 10 U.S.C. 113 (1) by striking (f) fiscal year 2013, (f) Additional authority for activities of OSCI (1) In general During fiscal year 2014, ; and (2) by adding at the end the following new paragraph (2): (2) Required elements of training The training conducted under paragraph (1) shall include elements that promote the following: (A) Observance of and respect for human rights and fundamental freedoms. (B) Military professionalism. (C) Respect for legitimate civilian authority within Iraq. . (b) Limitation on amount Subsection (c) of such section is amended by striking 2012 2014 may not exceed $209,000,000. (c) Source of funds Subsection (d) of such section is amended— (1) by striking fiscal year 2012 or fiscal year 2013 fiscal year 2014 (2) by striking fiscal year 2012 or 2013, as the case may be, that fiscal year (d) Updates of report on activities of OSCI Section 1211(d)(3) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 (1) by striking Update required Updates required (2) by striking including (A) A description of any changes to the specific element or process described in subparagraphs (A) through (F) of paragraph (2). (B) An evaluation of the activities of the Office of Security Cooperation in Iraq based on the measures of effectiveness described in paragraph (2)(F) and a discussion of any determinations to expand, alter, or terminate specific activities of the Office based on those measures. (C) An evaluation of the effectiveness of the training provided pursuant to section 1215(f)(2) of the National Defense Authorization Act for Fiscal Year 2012 in promoting respect for human rights, military professionalism, and respect for legitimate civilian authority in Iraq. . 1213. One-year extension and modification of authority to use funds for reintegration activities in Afghanistan Section 1216 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 Public Law 112–239 (1) in subsection (a)— (A) by striking $35,000,000 $25,000,000 (B) by striking for fiscal year 2013 for fiscal year 2014 (2) in subsection (e), by striking December 31, 2013 December 31, 2014 1214. One-year extension and modification of authority for program to develop and carry out infrastructure projects in Afghanistan (a) Extension of authority Section 1217(f) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 Public Law 112–239 (1) in paragraph (1), by adding at the end the following new subparagraph: (C) Up to $250,000,000 made available to the Department of Defense for operation and maintenance for fiscal year 2014. ; and (2) in paragraph (3), by adding at the end the following new subparagraph: (D) In the case of funds for fiscal year 2014, until September 30, 2015. . (b) Effective date The amendments made by this section shall take effect on October 1, 2013. (c) Report on transition of project management (1) Report Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretary of State and the Administrator of the United States Agency for International Development, submit to the congressional defense committees a plan for the transition to the Government of Afghanistan, or a utility entity owned by the Government of Afghanistan, of the project management of projects funded with amounts authorized by this Act for the Afghanistan Infrastructure Fund. Such transition shall be planned to be completed by not later December 31, 2014. (2) Elements The report required under paragraph (1) shall include the following: (A) A description of the projects to be transitioned as described in that paragraph, the cost of such projects, and the timelines for completion and other key implementation milestones for such projects. (B) For each such project the following: (i) An estimate of the financial and other requirements necessary to manage such project, and sustain the infrastructure developed through such project, on an annual basis after the completion of such project. (ii) An assessment of the capacity of the Government of Afghanistan or such utility entity to manage such project, and maintain and use the infrastructure developed through such project, after the completion of such project. (iii) A description of any arrangements, and an estimate of associated costs, to support the Government of Afghanistan or such utility entity if the Government of Afghanistan or such utility entity, as the case may be, lacks the capacity (in either financial or human resources) to manage such project, or sustain the infrastructure developed through such project, following the completion of such project. (C) An assessment of the ministries or organizations of Afghanistan that will be responsible for the management of such projects after transition, including an assessment of any critical institutional shortfalls of such ministries and organizations that must be addressed for such ministries and organization to acquire the capacity required to assume project management responsibilities for such projects. 1215. Extension of authority for reimbursement of certain coalition nations for support provided to United States military operations (a) Extension of authority Subsection (a) of section 1233 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 Public Law 112–239 fiscal year 2013 fiscal year 2014 (b) Limitation on amount available Subsection (d)(1) of such section 1233, as so amended, is further amended by striking during fiscal year 2013 may not exceed $1,650,000,000 during fiscal year 2014 may not exceed $1,500,000,000 (c) Extension of notice requirement relating to reimbursement of Pakistan for support provided by Pakistan Section 1232(b)(6) of the National Defense Authorization Act for Fiscal Year 2008 (122 Stat. 393), as most recently amended by section 1213(c) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 September 30, 2013 September 30, 2014 (d) Extension of limitation on reimbursement of Pakistan pending certification on Pakistan Subsection (d) of section 1227 of the National Defense Authorization Act for Fiscal Year 2013 (126 Stat. 2000) is amended— (1) in the subsection heading, by striking in fiscal year 2013 in certain fiscal years (2) in paragraph (1), by striking Effective as of the date of the enactment of this Act, no amounts authorized to be appropriated by this Act, No amounts authorized to be appropriated for the Department of Defense for fiscal year 2013 or 2014, 1216. Extension of logistical support for coalition forces supporting certain United States military operations Section 1234 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 394), as most recently amended by section 1216(a) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 fiscal year 2013 fiscal year 2014 1217. Extension and improvement of the Iraqi special immigrant visa program The Refugee Crisis in Iraq Act of 2007 (8 U.S.C. 1157 note) is amended— (1) in section 1242, by amending subsection (c) to read as follows: (c) Improved application process Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014 ; (2) in section 1244— (A) in subsection (b)— (i) in paragraph (1)— (I) by amending subparagraph (B) to read as follows: (B) was or is employed in Iraq on or after March 20, 2003, for not less than 1 year, by, or on behalf of— (i) the United States Government; (ii) a media or nongovernmental organization headquartered in the United States; or (iii) an organization or entity closely associated with the United States mission in Iraq that has received United States Government funding through an official and documented contract, award, grant, or cooperative agreement; ; (II) in subparagraph (C), by striking the United States Government an entity or organization described in subparagraph (B) (III) in subparagraph (D), by striking by striking the United States Government. such entity or organization. (ii) in paragraph (4)— (I) by striking A recommendation (A) In general Except as provided under subparagraph (B), a recommendation ; (II) by striking the United States Government prior an entity or organization described in paragraph (1)(B) prior (III) by adding at the end the following: (B) Review process for denial by Chief of Mission (i) In general An applicant who has been denied Chief of Mission approval required by subparagraph (A) shall— (I) receive a written decision; and (II) be provided 120 days from the date of the decision to request reopening of the decision to provide additional information, clarify existing information, or explain any unfavorable information. (ii) Senior coordinator The Secretary of State shall designate, in the Embassy of the United States in Baghdad, Iraq, a senior coordinator responsible for overseeing the efficiency and integrity of the processing of special immigrant visas under this section, who shall be given— (I) sufficiently high security clearance to review Chief of Mission denials in cases that appear to have relied upon insufficient or incorrect information; and (II) responsibility for ensuring that an applicant described in clause (i) receives the information described in clause (i)(I). ; and (B) in subsection (c)(3), by adding at the end the following: (C) Fiscal year 2014 Notwithstanding subparagraphs (A) and (B), and consistent with subsection (b), any unused balance of the total number of principal aliens who may be provided special immigrant status under this section in fiscal years 2008 through 2013 may be carried forward and provided through the end of fiscal year 2014. ; and (3) in section 1248, by adding at the end the following: (f) Report on improvements (1) In general Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014 (A) the Committee on the Judiciary of the Senate; (B) the Committee on Foreign Relations of the Senate; (C) the Committee on the Judiciary of the House of Representatives; and (D) the Committee on Foreign Affairs of the House of Representatives. (2) Contents The report submitted under paragraph (1) shall describe the implementation of improvements to the processing of applications for special immigrant visas under section 1244(a), including information relating to— (A) enhancing existing systems for conducting background and security checks of persons applying for special immigrant status, which shall— (i) support immigration security; and (ii) provide for the orderly processing of such applications without delay; (B) the financial, security, and personnel considerations and resources necessary to carry out this subtitle; (C) the number of aliens who have applied for special immigrant visas under section 1244 during each month of the preceding fiscal year; (D) the reasons for the failure to expeditiously process any applications that have been pending for longer than 9 months; (E) the total number of applications that are pending due to the failure— (i) to receive approval from the Chief of Mission; (ii) for U.S. Citizenship and Immigration Services to complete the adjudication of the Form I–360; (iii) to conduct a visa interview; or (iv) to issue the visa to an eligible alien; (F) the average wait times for an applicant at each of the stages described in subparagraph (E); (G) the number of denials or rejections at each of the stages described in subparagraph (E); and (H) a breakdown of reasons for denials at by the Chief of Mission based on the categories already made available to denied special immigrant visa applicants in the denial letter sent to them by the Chief of Mission. (g) Public quarterly reports Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014 . 1218. Extension and improvement of the Afghan special immigrant visa program Section 602(b) of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 (1) in paragraph (2)— (A) in subparagraph (A)— (i) by amending clause (ii) to read as follows: (ii) was or is employed in Afghanistan on or after October 7, 2001, for not less than 1 year, by, or on behalf of— (I) the United States Government; (II) a media or nongovernmental organization headquartered in the United States; or (III) an organization or entity closely associated with the United States mission in Afghanistan that has received United States Government funding through an official and documented contract, award, grant, or cooperative agreement; ; (ii) in clause (iii), by striking the United States Government an entity or organization described in clause (ii) (iii) in clause (iv), by striking by striking the United States Government. such entity or organization. (B) by amending subparagraph (B) to read as follows: (B) Family members An alien is described in this subparagraph if the alien is— (i) the spouse or minor child of a principal alien described in subparagraph (A) who is accompanying or following to join the principal alien in the United States; or (ii) (I) the spouse, child, parent, or sibling of a principal alien described in subparagraph (A), whether or not accompanying or following to join; and (II) has experienced or is experiencing an ongoing serious threat as a consequence of the qualifying employment of a principal alien described in subparagraph (A). ; and (C) in subparagraph (D)— (i) by striking A recommendation (i) In general Except as provided under clause (ii), a recommendation ; (ii) by striking the United States Government prior an entity or organization described in paragraph (2)(A)(ii) prior (iii) by adding at the end the following: (ii) Review process for denial by Chief of Mission (I) In general An applicant who has been denied Chief of Mission approval shall— (aa) receive a written decision; and (bb) be provided 120 days from the date of receipt of such opinion to request reconsideration of the decision to provide additional information, clarify existing information, or explain any unfavorable information. (II) Senior coordinator The Secretary of State shall designate, in the Embassy of the United States in Kabul, Afghanistan, a senior coordinator responsible for overseeing the efficiency and integrity of the processing of special immigrant visas under this section, who shall be given— (aa) sufficiently high security clearance to review Chief of Mission denials in cases that appear to have relied upon insufficient or incorrect information; and (bb) responsibility for ensuring that an applicant described in subclause (I) receives the information described in subclause (I)(aa). ; (2) in paragraph (3)(C), by amending clause (iii) to read as follows: (iii) Fiscal year 2014 For fiscal year 2014, the total number of principal aliens who may be provided special immigrant status under this section may not exceed the sum of— (I) 5,000; (II) the difference between the number of special immigrant visas allocated under this section for fiscal years 2009 through 2013 and the number of such allocated visas that were issued; and (III) any unused balance of the total number of principal aliens who may be provided special immigrant status in fiscal years 2014 through 2018 that have been carried forward. ; (3) in paragraph (4)— (A) in the heading, by striking Prohibition on fees Application process (B) by striking The Secretary (A) In general Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014 (B) Prohibition on fees The Secretary ; and (4) by adding at the end the following: (12) Report on improvements Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014 (A) enhancing existing systems for conducting background and security checks of persons applying for special immigrant status, which shall— (i) support immigration security; and (ii) provide for the orderly processing of such applications without delay; (B) the financial, security, and personnel considerations and resources necessary to carry out this section; (C) the number of aliens who have applied for special immigrant visas under this subsection during each month of the preceding fiscal year; (D) the reasons for the failure to expeditiously process any applications that have been pending for longer than 9 months; (E) the total number of applications that are pending due to the failure— (i) to receive approval from the Chief of Mission; (ii) for U.S. Citizenship and Immigration Services to complete the adjudication of the Form I–360; (iii) to conduct a visa interview; or (iv) to issue the visa to an eligible alien; (F) the average wait times for an applicant at each of the stages described in subparagraph (E); (G) the number of denials or rejections at each of the stages described in subparagraph (E); and (H) a breakdown of reasons for denials by the Chief of Mission based on the categories already made available to denied special immigrant visa applicants in the denial letter sent to them by the Chief of Mission. (13) Public quarterly reports Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014 . 1219. Sense of Congress on commencement of new long-term nation building or large-scale infrastructure development projects in Afghanistan It is the sense of Congress that the Department of Defense should seek not to commence any new long-term nation building or large-scale infrastructure development project in Afghanistan after 2014. C Reports and Other Matters 1231. Two-year extension of authorization for non-conventional assisted recovery capabilities Section 943(h) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 Public Law 112–81 2013 2015 1232. Element on 5th generation fighter program in annual report on military and security developments involving the People’s Republic of China Section 1202(b) of the National Defense Authorization Act for Fiscal Year 2000 ( 10 U.S.C. 113 (20) The status of the 5th generation fighter program of the People's Republic of China, including an assessment of each individual aircraft type, estimated initial and full operational capability dates, and the ability of such aircraft to provide air superiority. . 1233. Prohibition on use of funds to enter into contracts or agreements with Rosoboronexport (a) Prohibition None of the funds authorized to be appropriated for the Department of Defense for any fiscal year after fiscal year 2013 may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, to make a grant, to, or to provide a loan or loan guarantee to Rosoboronexport. (b) National security waiver authority The Secretary of Defense may waive the applicability of subsection (a) if the Secretary determines that such a waiver is in the national security interests of the United States. (c) Requirements relating to use of funds pursuant to waiver (1) Notice to Congress before obligation of funds Not later than 30 days before obligating funds pursuant to the waiver under subsection (b), the Secretary of Defense shall submit to Congress a notice on the obligation of funds pursuant to the waiver. (2) Report Not later than 15 days after the submittal of the notice under paragraph (1), the Secretary shall submit to Congress a report setting forth the following: (A) An assessment of the number, if any, of S–300 advanced anti-aircraft missiles that Rosoboronexport has delivered to the Assad regime in Syria. (B) A list of the known contracts, if any, that Rosoboronexport has signed with the Assad regime since January 1, 2013. 1234. Modification of statutory references to former North Atlantic Treaty Organization support organizations and related agreements (a) Title 10, United States Code Section 2350d (1) in subsection (a)(1)— (A) by striking Weapon System Partnership Agreements Support Partnership Agreements (B) in subparagraph (B), by striking a specific weapon system activities (2) by striking NATO Maintenance and Supply Organization NATO Support Organization and its executive agencies (3) by striking Weapon System Partnership Agreement Support Partnership Agreement (b) Arms Export Control Act Section 21(e)(3) of the Arms Export Control Act (22 U.S.C. 2761(e)(3)) is amended— (1) in subparagraphs (A) and (C)(i), by striking Maintenance and Supply Agency of the North Atlantic Treaty Organization North Atlantic Treaty Organization (NATO) Support Organization and its executive agencies (2) in subparagraph (A)(i), by striking weapon system partnership agreement support partnership agreement (3) in subparagraph (C)(i)(II), by striking a specific weapon system activities 1235. Technical correction relating to funding for NATO Special Operations Headquarters Section 1244(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2541), as most recently amended by section 1272(a) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 for the Army 1236. Strategy to prevent the proliferation of weapons of mass destruction and related materials in the Middle East and North Africa region (a) Strategy required The President shall establish a comprehensive strategy to advance cooperative efforts with the governments of countries in the Middle East and North Africa to reduce the threat from the proliferation of weapons of mass destruction and related materials in the Middle East and North Africa region. (b) Elements In establishing the strategy required by subsection (a), the President shall ensure that the strategy— (1) builds upon the current activities of the nonproliferation programs of the Department of Defense, the Department of State, the Department of Energy, and other agencies of the United States Government designed to mitigate the range of threats posed by weapons of mass destruction and related materials in the Middle East and North Africa region; (2) addresses issues relating to the threat from the proliferation of weapons of mass destruction and related materials in the Middle East and North Africa region on a regional basis as well as on a country-by-country basis; (3) includes a review of the activities and achievements in the Middle East and North Africa region of— (A) the Cooperative Threat Reduction program of the Department of Defense; (B) the nonproliferation programs of the Department of State and the Department of Energy; and (C) programs of other agencies of the United States Government designed to address nuclear, chemical, and biological safety and security issues; (4) provides for the continued coordination of cooperative nonproliferation efforts within the United States Government; and (5) mobilizes and leverages additional resources from countries that cooperate with the United States with respect to nonproliferation efforts, nongovernmental and multilateral organizations, and international institutions. (c) Integration and coordination The strategy required by subsection (a) shall include— (1) an assessment of gaps in current cooperative efforts to reduce the threat from the proliferation of weapons of mass destruction and related materials in the Middle East and North Africa region; (2) an articulation of the priorities of the United States with respect to reducing that threat; (3) the establishment of appropriate metrics for determining success with respect to reducing that threat; and (4) methods for ensuring that the strategy conforms to broader efforts by the United States to reduce the threat from weapons of mass destruction. (d) Consultations In establishing the strategy required by subsection (a), the President shall consult with governmental and nongovernmental experts in matters relating to nonproliferation that present a diverse set of views. (e) Submission of strategy and implementation plan Not later than March 31, 2014, the President shall submit the strategy required by subsection (a) and a plan for the implementation of the strategy to— (1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and (2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives. XIII Cooperative threat reduction 1301. Specification of Cooperative Threat Reduction programs and funds (a) Specification of cooperative threat reduction programs For purposes of section 301 and other provisions of this Act, Cooperative Threat Reduction programs are the programs specified in section 1501 of the National Defense Authorization Act for Fiscal Year 1997 ( 50 U.S.C. 2362 (b) Fiscal year 2014 cooperative threat reduction funds defined As used in this title, the term fiscal year 2014 Cooperative Threat Reduction funds (c) Availability of funds Funds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in section 4301 for Cooperative Threat Reduction programs shall be available for obligation for fiscal years 2014, 2015, and 2016. 1302. Funding allocations (a) Funding for specific purposes Of the $528,455,000 authorized to be appropriated to the Department of Defense for fiscal year 2014 in section 301 and made available by the funding table in section 4301 for Cooperative Threat Reduction programs, the following amounts may be obligated for the purposes specified: (1) For strategic offensive arms elimination, $5,700,000. (2) For chemical weapons destruction, $13,000,000. (3) For global nuclear security, $32,808,000. (4) For cooperative biological engagement, $306,325,000. (5) For proliferation prevention, $136,072,000. (6) For threat reduction engagement, $6,375,000. (7) For activities designated as Other Assessments/Administrative Costs, $28,175,000. (b) Report on obligation or expenditure of funds for other purposes No fiscal year 2014 Cooperative Threat Reduction funds may be obligated or expended for a purpose other than a purpose listed in paragraphs (1) through (7) of subsection (a) until 15 days after the date that the Secretary of Defense submits to Congress a report on the purpose for which the funds will be obligated or expended and the amount of funds to be obligated or expended. Nothing in the preceding sentence shall be construed as authorizing the obligation or expenditure of fiscal year 2014 Cooperative Threat Reduction funds for a purpose for which the obligation or expenditure of such funds is specifically prohibited under this title or any other provision of law. (c) Limited authority to vary individual amounts (1) In general Subject to paragraph (2), in any case in which the Secretary of Defense determines that it is necessary to do so in the national interest, the Secretary may obligate amounts appropriated for fiscal year 2014 for a purpose listed in paragraphs (1) through (7) of subsection (a) in excess of the specific amount authorized for that purpose. (2) Notice-and-wait required An obligation of funds for a purpose stated in paragraphs (1) through (7) of subsection (a) in excess of the specific amount authorized for such purpose may be made using the authority provided in paragraph (1) only after— (A) the Secretary submits to Congress notification of the intent to do so together with a complete discussion of the justification for doing so; and (B) 15 days have elapsed following the date of the notification. 1303. Extension of authority for utilization of contributions to the Cooperative Threat Reduction program Section 1303(g) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 22 U.S.C. 5952 December 31, 2015 December 31, 2018 XIV Other Authorizations A Military Programs 1401. Working capital funds Funds are hereby authorized to be appropriated for fiscal year 2014 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds, as specified in the funding table in section 4501. 1402. National Defense Sealift Fund Funds are hereby authorized to be appropriated for fiscal year 2014 for the National Defense Sealift Fund, as specified in the funding table in section 4501. 1403. Chemical Agents and Munitions Destruction, Defense (a) Authorization of appropriations Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2014 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, as specified in the funding table in section 4501. (b) Use Amounts authorized to be appropriated under subsection (a) are authorized for— (1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 ( 50 U.S.C. 1521 (2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act. 1404. Drug Interdiction and Counter-Drug Activities, Defense-wide Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2014 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4501. 1405. Defense Inspector General Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2014 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4501. 1406. Defense Health Program Funds are hereby authorized to be appropriated for fiscal year 2014 for the Defense Health Program, as specified in the funding table in section 4501, for use of the Armed Forces and other activities and agencies of the Department of Defense in providing for the health of eligible beneficiaries. B Other Matters 1421. Authorization of appropriations for Armed Forces Retirement Home There is hereby authorized to be appropriated for fiscal year 2014 from the Armed Forces Retirement Home Trust Fund the sum of $67,800,000 for the operation of the Armed Forces Retirement Home. 1422. Authority for transfer of funds to Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois (a) Authority for transfer of funds Of the funds authorized to be appropriated by section 1406 and available for the Defense Health Program for operation and maintenance, $143,087,000 may be transferred by the Secretary of Defense to the Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 (b) Use of transferred funds For the purposes of subsection (b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 XV Authorization of Additional Appropriations for Overseas Contingency Operations A Authorization of Additional Appropriations 1501. Purpose The purpose of this subtitle is to authorize appropriations for the Department of Defense for fiscal year 2014 to provide additional funds for overseas contingency operations being carried out by the Armed Forces. 1502. Procurement Funds are hereby authorized to be appropriated for fiscal year 2014 for procurement accounts for the Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table in section 4102. 1503. Research, development, test, and evaluation Funds are hereby authorized to be appropriated for fiscal year 2014 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4202. 1504. Operation and maintenance Funds are hereby authorized to be appropriated for fiscal year 2014 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4302. 1505. Military personnel Funds are hereby authorized to be appropriated for fiscal year 2014 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4402. 1506. Working capital funds Funds are hereby authorized to be appropriated for fiscal year 2014 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds, as specified in the funding table in section 4502. 1507. National Defense Sealift Fund Funds are hereby authorized to be appropriated for fiscal year 2014 for the National Defense Sealift Fund. as specified in the funding table in section 4502. 1508. Chemical Agents and Munitions Destruction, Defense (a) Authorization of appropriations Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2014 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, as specified in the funding table in section 4502. (b) Use Amounts authorized to be appropriated under subsection (a) are authorized for— (1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 ( 50 U.S.C. 1521 (2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act. 1509. Drug Interdiction and Counter-Drug Activities, Defense-wide Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2014 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4502. 1510. Defense Inspector General Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2014 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4502. 1511. Defense Health program Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2014 for expenses, not otherwise provided for, for the Defense Health Program, as specified in the funding table in section 4502. B Financial Matters 1521. Treatment as additional authorizations The amounts authorized to be appropriated by this title are in addition to amounts otherwise authorized to be appropriated by this Act. 1522. Special transfer authority (a) Authority To transfer authorizations (1) Authority Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this title for fiscal year 2014 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred. (2) Limitation The total amount of authorizations that the Secretary may transfer under the authority of this subsection may not exceed $4,000,000,000. (b) Terms and conditions Transfers under this section shall be subject to the same terms and conditions as transfers under section 1001. (c) Additional authority The transfer authority provided by this section is in addition to the transfer authority provided under section 1001. C Other Matters 1531. Joint Improvised Explosive Device Defeat Fund (a) Use and transfer of funds Subsections (b) and (c) of section 1514 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2439), as in effect before the amendments made by section 1503 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 (b) Monthly obligations and expenditure reports Not later than 15 days after the end of each month of fiscal year 2014, the Secretary of Defense shall provide to the congressional defense committees a report on the Joint Improvised Explosive Device Defeat Fund explaining monthly commitments, obligations, and expenditures by line of operation. (c) Expiration This section shall cease to be effective on December 31, 2014. 1532. Afghanistan Security Forces Fund (a) Continuation of prior authorities and notice and reporting requirements Funds available to the Department of Defense for the Afghanistan Security Forces Fund for fiscal year 2014 shall be subject to the conditions contained in subsections (b) through (g) of section 1513 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 428), as amended by section 1531(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 (b) Equipment disposal (1) Acceptance of certain equipment The Secretary of Defense may accept equipment procured using funds authorized under prior Acts that was transferred to the security forces of Afghanistan and returned by such forces to the United States. (2) Treatment as Department of Defense stocks The equipment described in paragraph (1), and equipment not yet transferred to the security forces of Afghanistan that is determined by the Commander, Combined Security Transition Command-Afghanistan (or the Commander’s designee) to no longer be required for transfer to such forces, may be treated as stocks of the Department of Defense upon notification to the congressional defense committees of such treatment. (3) Reports Not later than 30 days after the end of the first two fiscal year quarters of fiscal year 2014, and not later than 30 days after the end of each fiscal half-year thereafter, the Secretary shall submit to the congressional defense committees a report on the equipment accepted under paragraph (1) during such fiscal year quarter or half-year, as the case may be. Each report shall include, for the period covered by such report, a list of all equipment accepted under paragraph (1) that was treated as the stocks of the Department pursuant to paragraph (2). 1533. Extension of authority for Task Force for Business and Stability Operations in Afghanistan (a) Extension Subsection (a) of section 1535 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 Public Law 112–239 (1) in paragraph (6), by striking and October 31, 2011, October 31, 2012, and October 31, 2013 October, 31 of each of 2011 through 2014 (2) in paragraph (8), by striking September 30, 2013 December 31, 2014 (b) Funding Subparagraph (B) of paragraph (4) of such subsection is amended— (1) in clause (i), by striking and (2) in clause (ii), by striking the period at the end and inserting ; and (3) by adding at the end the following new clause: (iii) may not exceed $63,800,000 for fiscal year 2014. . (c) Limitation on availability of funds for fiscal year 2014 Paragraph (4) of such subsection is further amended— (1) by redesignating subparagraph (C) as subparagraph (D); (2) by inserting after subparagraph (B) the following new subparagraph (C): (C) Limitation on availability of funds for fiscal year 2014 None of the funds available for fiscal year 2014 pursuant to subparagraph (B)(iii) may be obligated to assist the Government of Afghanistan in the development of mining and oil and gas resources during fiscal year 2014 until the date on which the Secretary of Defense certifies to the Committees on Armed Services of the Senate and the House of Representatives that the Government of Afghanistan has agreed to reimburse the Government of the United States for the amount of any such funds, from royalties received from mining or oil and gas contracts awarded by the Government of Afghanistan. ; and (3) in subparagraph (D), as redesignated by paragraph (1), by inserting of funds across fiscal years Availability (d) Conversion of update of implementation of transition action plan from quarterly to biannually Paragraph (7)(B) of such subsection is amended by striking 90 days 180 days B Military construction authorizations 2001. Short title This division may be cited as the Military Construction Authorization Act for Fiscal Year 2014 2002. Expiration of authorizations and amounts required to be specified by law (a) Expiration of authorizations after three years Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of— (1) October 1, 2016; or (2) the date of the enactment of an Act authorizing funds for military construction for fiscal year 2017. (b) Exception Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of— (1) October 1, 2016; or (2) the date of the enactment of an Act authorizing funds for fiscal year 2017 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program. XXI Army military construction 2101. Authorized Army construction and land acquisition projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2103(1) and available for military construction projects inside the United States as specified in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Army: Inside the United States State Installation or Location Amount Alaska Fort Wainwright $103,000,000 Colorado Fort Carson $242,200,000 Florida Eglin Air Force Base $4,700,000 Georgia Fort Gordon $61,000,000 Hawaii Fort Shafter $75,000,000 Kansas Fort Leavenworth $17,000,000 Kentucky Fort Campbell $4,800,000 Maryland Aberdeen Proving Found $21,000,000 Fort Detrick $7,100,000 Missouri Fort Leonard Wood $90,700,000 North Carolina Fort Bragg $5,900,000 Texas Fort Bliss $46,800,00 Virginia Joint Base Langley-Eustis $50,000,000 Washington Joint Base Lewis McChord $144,000,000 Yakima $9,100,000 (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2103(2) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Army: Outside the United States Country Installation or Location Amount Kwajalein Kwajalein Atoll $63,000,000 Worldwide Classified Classified Location $33,000,000 2102. Family housing (a) Construction and acquisition Using amounts appropriated pursuant to the authorization of appropriations in section 2103(5)(A) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installation, in the number of units, and in the amount set forth in the following table: Army: Family Housing State Installation Units Amount Wisconsin Fort McCoy 56 $23,000,000 (b) Planning and design Using amounts appropriated pursuant to the authorization of appropriations in section 2103(5)(A), the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $4,408,000. 2103. Authorization of appropriations, Army Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $1,660,154,000 as follows: (1) For military construction projects inside the United States authorized by section 2101(a), $882,300,000. (2) For military construction projects outside the United States authorized by section 2101(b), $96,000,000. (3) For unspecified minor military construction projects authorized by section 2805 (4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $74,575,000. (5) For military family housing functions: (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $27,408,000. (B) For support of military family housing (including the functions described in section 2833 of title 10, United States Code), $512,871,000. (6) For the construction of increment 2 of the Cadet Barracks at the United States Military Academy, New York, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239 2104. Modification of authority to carry out certain fiscal year 2011 project In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 2105. Modification of authority to carry out certain fiscal year 2010 project In the case of the authorization contained in the table in section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84 2106. Modification of authority to carry out certain fiscal year 2004 project In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136 2107. Extension of authorizations of certain fiscal year 2011 projects (a) Extensions Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 (b) Table The table referred to in subsection (a) is as follows: Army: Extension of 2011 Project Authorizations State/Country Installation or Location Project Amount California Presidio Monterey Advanced Individual Training Barracks $63,000,000 Georgia Fort Benning Land Acquisition $12,200,000 New Mexico White Sands Missile Range Barracks $29,000,000 Germany Wiesbaden Air Base Access Control Point $5,100,000 2108. Extension of authorizations of certain fiscal year 2010 projects (a) Extensions Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84 (b) Table The table referred to in subsection (a) is as follows: Army: Extension of 2010 Project Authorizations State/Country Installation or Location Project Amount Virginia Fort Belvoir Road and Access Control Point $9,500,000 Washington Fort Lewis Fort Lewis-McCord AFB Joint Access $9,000,000 Kuwait Camp Arifjian APS Warehouses $82,000,000 2109. Limitation on construction of cadet barracks at United States Military Academy, New York No amounts may be obligated or expended for the construction of increment 2 of the Cadet Barracks at the United States Military Academy, New York, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239 XXII Navy military construction 2201. Authorized Navy construction and land acquisition projects (a) Inside the united states Using amounts appropriated pursuant to the authorization of appropriations in section 2204(1) and available for military construction projects inside the United States as specified in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Inside the United States State Installation or Location Amount California Camp Pendleton $13,124,000 Coronado $8,910,000 San Diego $34,331,000 Twentynine Palms $33,437,000 Barstow $14,998,000 Point Mugu $24,667,000 Port Hueneme $33,600,000 Florida Jacksonville $20,752,000 Key West $14,001,000 Mayport $16,093,000 Georgia Albany $16,610,000 Savannah $61,717,000 Hawaii Kaneohe Bay $236,982,000 Pearl City $30,100,000 Pearl Harbor $57,998,000 Illinois Great Lakes $35,851,000 Maine Bangor $13,800,000 Kittery $11,522,000 Maryland Fort Meade $83,988,000 Nevada Fallon $11,334,000 North Carolina Camp Lejeune $77,999,000 New River $45,863,000 Oklahoma Tinker Air Force Base $14,144,000 Rhode Island Newport $12,422,000 South Carolina Charleston $73,932,000 Virginia Norfolk $3,380,000 Quantico $38,374,000 Yorktown $18,700,000 Dam Neck $10,587,000 Washington Whidbey Island $117,649,000 Bremerton $18,189,000 (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2204(2) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installation or location outside the United States, and in the amounts, set forth in the following table: Navy: Outside the United States Country Installation or Location Amount Djibouti Camp Lemonier $29,000,000 Guam Joint Region Marianas $232,704,000 Japan Yokosuka $7,568,000 Camp Butler $5,820,000 2202. Family housing Using amounts appropriated pursuant to the authorization of appropriations in section 2204(5)(A) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $4,438,000. 2203. Improvements to military family housing units Subject to section 2825 2204. Authorization of appropriations, Navy Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for military construction, land acquisition, and military family housing functions of the Department of the Navy in the total amount of $2,077,847,000, as follows: (1) For military construction projects inside the United States authorized by section 2201(a), $1,205,054,000. (2) For military construction projects outside the United States authorized by section 2201(b), $275,092,000. (3) For unspecified minor military construction projects authorized by section 2805 (4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $89,830,000. (5) For military family housing functions: (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $73,407,000. (B) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $389,844,000. (6) For the construction of increment 3 of the Explosives Handling Wharf No. 2 at Kitsap, Washington, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 Public Law 112–239 2205. Modification of authority to carry out certain fiscal year 2012 project In the case of the authorization contained in the table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 2206. Modification of authority to carry out certain fiscal year 2011 project In the case of the authorization contained in the table in section 2201(b) of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 2207. One-year extension of authorizations of certain fiscal year 2011 project (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 (b) Table The table referred to in subsection (a) is as follows: Navy: Extension of 2011 Project Authorization Country Installation or Location Project Amount Bahrain Island Southwest Asia Navy Central Command Ammunition Magazines $89,280,000 2208. Two-year extension of authorizations of certain fiscal year 2011 project (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 (b) Table The table referred to in subsection (a) is as follows: Navy: Extension of 2011 Project Authorization Country Installation or Location Project Amount Guam Guam Defense Access Roads Improvements $66,730,000 XXIII Air force military construction 2301. Authorized Air Force construction and land acquisition projects (a) Inside the united states Using amounts appropriated pursuant to the authorization of appropriations in section 2304(1) and available for military construction projects inside the United States as specified in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Air Force: Inside the United States State Installation or Location Amount Arizona Luke Air Force Base $26,900,000 California Beale Air Force Base $62,000,000 Florida Tyndall Air Force Base $9,100,000 Hawaii Joint Base Pearl Harbor-Hickam $4,800,000 Kansas McConnell Air Force Base $219,120,000 Kentucky Fort Campbell $8,000,000 Maryland Fort Meade $358,000,000 Joint Base Andrews $30,000,000 Missouri Whiteman Air Force Base $5,900,000 Nevada Nellis Air Force Base $78,500,000 New Mexico Cannon Air Force Base $34,100,000 Holloman Air Force Base $2,250,000 Kirtland Air Force Base $30,500,000 North Dakota Minot Air Force Base $23,830,000 Oklahoma Altus Air Force Base $30,850,000 Tinker Air Force Base $8,600,000 Texas Fort Bliss $3,350,000 Utah Hill Air Force Base $32,000,000 Virginia Joint Base Langley-Eustis $4,800,000 (b) Outside the united states Using amounts appropriated pursuant to the authorization of appropriations in section 2304(2) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Air Force: Outside the United States Country Installation or Location Amount Greenland Thule Air Base $43,904,000 Guam Joint Region Marianas $23,630,000 Mariana Islands Saipan $29,300,000 2302. Family housing Using amounts appropriated pursuant to the authorization of appropriations in section 2304(5)(A) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $4,267,000. 2303. Improvements to military family housing units Subject to section 2825 2304. Authorization of appropriations, Air Force Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for military construction, land acquisition, and military family housing functions of the Department of the Air Force in the total amount of $1,702,154,000, as follows: (1) For military construction projects inside the United States authorized by section 2301(a), $972,600,000. (2) For military construction projects outside the United States authorized by section 2301(b), $96,834,000. (3) For unspecified minor military construction projects authorized by section 2805 (4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $11,314,000. (5) For military family housing functions: (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $76,360,000. (B) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $388,598,000. (6) For the construction of increment 3 of the United States Strategic Command Replacement Facility at Offutt Air Force Base, Nebraska, authorized by section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of the Public Law 112–81 2305. Extension of authorizations of certain fiscal year 2011 project (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 (b) Table The table referred to in subsection (a) is as follows: Air Force: Extension of 2011 Project Authorization Country Installation or Project Amount Bahrain Shaikh Isa Air Base North Apron Expansion $45,000,000 XXIV Defense agencies military construction A Defense agency authorizations 2401. Authorized Defense Agencies construction and land acquisition projects (a) Inside the united states Using amounts appropriated pursuant to the authorization of appropriations in section 2403(1) and available for military construction projects inside the United States as specified in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Defense Agencies: Inside the United States State Installation or Location Amount Alaska Clear Air Force Station $17,204,000 Fort Greely $82,000,000 California Miramar $6,000,000 Defense Distribution Depot-Tracy $37,554,000 Brawley $23,095,000 Colorado Fort Carson $22,282,000 Florida Hurlburt Field $7,900,000 Jacksonville $7,500,000 Tyndall Air Force Base $9,500,000 Key West $3,600,000 Panama City $2,600,000 Georgia Fort Benning $43,335,000 Fort Stewart $44,504,000 Moody Air Force Base $3,800,000 Hunter Army Airfield $13,500,000 Hawaii Joint Base Pearl Harbor-Hickam $2,800,000 Ford Island $2,615,000 Kentucky Fort Campbell $124,211,000 Fort Knox $303,023,000 Maryland Aberdeen Proving Ground $210,000,000 Bethesda Naval Hospital $66,800,000 Massachusetts Hanscom Air Force Base $36,213,000 New Jersey Joint Base McGuire-Dix-Lakehurst $10,000,000 New Mexico Holloman Air Force Base $81,400,000 North Carolina Camp Lejeune $43,377,000 Fort Bragg $172,065,000 North Dakota Minot Air Force Base $6,400,000 Oklahoma Tinker Air Force Base $36,000,000 Altus Air Force Base $2,100,000 Pennsylvania Defense Distribution Depot New Cumberland $9,000,000 South Carolina Beaufort $41,324,000 Tennessee Arnold Air Force Base $2,200,000 Texas Joint Base San Antonio $12,600,000 Virginia Joint Expeditionary Base Little Creek - Story $30,404,000 Quantico $40,586,000 Dam Neck $11,147,000 DLA Aviation Richmond $87,000,000 Pentagon $57,600,000 Washington Whidbey Island $10,000,000 (b) Outside the united states Using amounts appropriated pursuant to the authorization of appropriations in section 2403(2) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Defense Agencies: Outside the United States Country Installation or Location Amount Bahrain Island Southwest Asia $45,400,000 Belgium Brussels $67,613,000 Japan Iwakuni $34,000,000 Kadena Air Base $38,792,000 Yokosuka $10,600,000 Atsugi $4,100,000 Torri Commo Station $71,451,000 Korea Camp Walker $52,164,000 Worldwide Classified Classified Location $15,000,000 2402. Authorized energy conservation projects Using amounts appropriated pursuant to the authorization of appropriations in section 2403(6) and available for military construction projects inside and outside the United States as specified in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 2403. Authorization of appropriations, Defense Agencies Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments) in the total amount of $3,313,284,000, as follows: (1) For military construction projects inside the United States authorized by section 2401(a), $1,723,239,000. (2) For military construction projects outside the United States authorized by section 2401(b), $339,120,000. (3) For unspecified minor military construction projects under section 2805 (4) For contingency construction projects of the Secretary of Defense under section 2804 of title 10, United States Code, $10,000,000. (5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $237,838,000. (6) For energy conservation projects under chapter 173 (7) For military family housing functions: (A) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $55,845,000. (B) For credits to the Department of Defense Family Housing Improvement Fund under section 2883 of title 10, United States Code, and the Homeowners Assistance Fund established under section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966 ( 42 U.S.C. 3374 (8) For the construction of increment 8 of the Army Medical Research Institute of Infectious Diseases Stage I at Fort Detrick, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act of Fiscal Year 2007 (division B of Public Law 109–364 (9) For the construction of increment 5 of the hospital at Fort Bliss, Texas, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84 (10) For the construction of increment 3 of the High Performance Computing Center at Fort Meade, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 Public Law 112–239 (11) For the construction of increment 3 of the Medical Center Replacement at Rhine Ordnance Barracks, Germany, authorized by section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 Public Law 112–239 (12) For the construction of increment 2 of the Ambulatory Care Center at Joint Base Andrews, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 (13) For the construction of increment 2 of the NSAW Recapitalize Building #1 at Fort Meade, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239 (14) For the construction of increment 2 of the Aegis Ashore Missile Defense System Complex at Deveselu, Romania, authorized by section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2128), $85,000,000. B Chemical demilitarization authorizations 2411. Authorization of appropriations, chemical demilitarization construction, Defense-wide Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for the construction of phase XIV of a munitions demilitarization facility at Blue Grass Army Depot, Kentucky, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65 Public Law 111–383 XXV North Atlantic Treaty Organization Security Investment Program 2501. Authorized NATO construction and land acquisition projects The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 2502. Authorization of appropriations, NATO Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501, in the amount of $239,700,000. XXVI Guard and reserve forces facilities A Project authorizations and authorization of appropriations 2601. Authorized Army National Guard construction and land acquisition projects (a) Inside the united states Using amounts appropriated pursuant to the authorization of appropriations in section 2606(1) and available for the National Guard and Reserve as specified in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations inside the United States, and in the amounts, set forth in the following table: Army National Guard: Inside the United States State Location Amount Alabama Decatur $4,000,000 Arkansas Fort Chaffee $21,000,000 Florida Pinellas Park $5,700,000 Illinois Kankakee $42,000,000 Massachusetts Camp Edwards $19,000,000 Michigan Camp Grayling $17,000,000 Minnesota Stillwater $17,000,000 Mississippi Camp Shelby $3,000,000 Pascagoula $4,500,000 Missouri Whitman Air Force Base $5,000,000 Macon $9,100,000 New York New York $31,000,000 Ohio Ravenna Army Ammunition Plant $5,200,000 Pennsylvania Fort Indiantown Gap $40,000,000 South Carolina Greenville $26,000,000 Texas Fort Worth $14,270,000 Wyoming Afton $10,200,000 (b) Outside the united states Using amounts appropriated pursuant to the authorization of appropriations in section 2606(1) and available for the National Guard and Reserve as specified in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations outside the United States, and in the amounts, set forth in the following table: Army National Guard: Outside the United States Country Location Amount Puerto Rico Camp Santiago $5,600,000 2602. Authorized Army Reserve construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606(2) and available for the National Guard and Reserve as specified in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve locations inside the United States, and in the amounts, set forth in the following table: Army Reserve State Location Amount California Fort Hunter Liggett $16,500,000 Camp Parks $17,500,000 Maryland Bowie $25,500,000 New Jersey Joint Base McGuire-Dix-Lakehurst $36,200,000 New York Bullville $14,500,000 North Carolina Fort Bragg $24,500,000 Wisconsin Fort McCoy $23,400,000 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606(3) and available for the National Guard and Reserve as specified in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve locations inside the United States, and in the amounts, set forth in the following table: Navy Reserve Marine Corps Reserve State Location Amount California March Air Force Base $11,086,000 Missouri Kansas City $15,020,000 Tennessee Memphis $4,330,000 2604. Authorized Air National Guard construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606(4) and available for the National Guard and Reserve as specified in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard locations inside the United States, and in the amounts, set forth in the following table: Air National Guard State Installation Amount Alabama Birmingham IAP $8,500,000 Indiana Hulman Regional Airport $7,300,000 Maryland Fort Meade $4,000,000 Martin State Airport $12,900,000 Montana Great Falls IAP $22,000,000 New York Fort Drum $4,700,000 Ohio Springfield Beckley-Map $7,200,000 Pennsylvania Fort Indiantown Gap $7,700,000 Rhode Island Quonset State Airport $6,000,000 Tennessee Mcghee-Tyson Airport $18,000,000 2605. Authorized Air Force Reserve construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606(5) and available for the National Guard and Reserve as specified in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air Force Reserve locations inside the United States, and in the amounts, set forth in the following table: Air Force Reserve State Location Amount California March Air Force Base $19,900,000 Florida Homestead Air Force Base $9,800,000 Oklahoma Tinker Air Force Base $12,200,000 2606. Authorization of appropriations, National Guard and Reserve Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 (1) For the Department of the Army, for the Army National Guard of the United States, $320,815,000. (2) For the Department of the Army, for the Army Reserve, $174,060,000. (3) For the Department of the Navy, for the Navy and Marine Corps Reserve, $32,976,000. (4) For the Department of the Air Force, for the Air National Guard of the United States, $119,800,000. (5) For the Department of the Air Force, for the Air Force Reserve, $45,659,000. B Other matters 2611. Modification of authority to carry out certain fiscal year 2013 project In the case of the authorization contained in the table in section 2603 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239 2612. Extension of authorization of certain fiscal year 2011 project (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 (b) Table The table referred to in subsection (a) is as follows: State Installation or Project Amount Tennessee Nashville International Airport Intelligence Group and Remotely Piloted Aircraft Remote Split Operations Group $5,500,000 2613. Extension of authorization of certain fiscal year 2011 project (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 (b) Table The table referred to in subsection (a) is a follows: State Location Project Amount Puerto Rico Camp Santiago Multi Purpose Machine Gun Range $9,200,000 XXVII Base realignment and closure activities 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 (1) For the Department of the Army, $180,401,000. (2) For the Department of the Navy, $144,580,000. (3) For the Department of the Air Force, $126,376,000. 2702. Precondition for any future base realignment and closure round No future Base Realignment and Closure round for military installations within the United Sates, its commonwealths, territories, and possessions for realignment or closure shall be authorized until, at the very earliest, the Department of Defense has completed and submitted to Congress a formal review of the overseas military facility structure, which incorporates overseas basing consolidations, an assessment of the need for bases to support overseas contingency operations, and the Department of Defense's Strategic Choices and Management Review. 2703. Report on 2005 base closure and realignment joint basing initiative (a) In general Not later than 180 days after the date of the enactment of this Act, the Deputy Under Secretary of Defense for Installations and Environment shall submit to the congressional defense committees a report on the 2005 base closure and realignment joint basing initiative. (b) Elements The report required under subsection (a) shall include the following elements: (1) An analysis and explanation of the costs necessary to implement the joint basing initiative. (2) An analysis and explanation of any savings achieved to date and planned in future years, including quantifiable goals and a timeline for meeting such goals. (3) A description of implementation challenges and other lessons learned. (4) An assessment of any additional savings that could be achieved through more rigorous management and streamlined administration of joint bases. (5) Any other matters the Under Secretary considers appropriate. XXVIII Military Construction General Provisions A Military Construction Program and Military Family Housing Changes 2801. Modification of authorities to fund military construction through payments-in-kind and to use residual value payments-in-kind (a) Authorization requirement for military construction projects funded through payment-in-kind contributions Section 2802 (d) (1) The requirement under subsection (a) for military construction projects to be authorized by law includes military construction projects funded through payment-in-kind contributions pursuant to bilateral agreements with host countries, other than particular military construction projects specified in bilateral agreements entered into before the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2014, and military construction projects accepted as payment-in-kind contributions for the residual value of improvements made by the United States at military installations released to the host country under section 2921 of the Military Construction Authorization Act for Fiscal Year 1991 (division B of Public Law 101–501 (2) The Secretary of Defense or the Secretary concerned shall include military construction projects covered under paragraph (1) in the budget justification documents for the Department of Defense submitted to Congress in connection with the budget submitted under 1105 of title 31. . (b) Restriction on use of payments-in-kind received as residual value payments Section 2921(g) of the Military Construction Authorization Act for Fiscal Year 1991 (division B of Public Law 101–501 (g) Use of payments-in-kind (1) A military construction project or facility improvement may be accepted as a payment-in-kind under this section only if such military construction project or facility improvement has been authorized by Congress. (2) Operating costs of United States forces may be funded through a payment-in-kind under this section only if the costs covered by such payment are included in the budget justification documents for the Department of Defense submitted to Congress in connection with the budget submitted under 1105 of title 31, United States Code. (3) If funds were previously appropriated for a military construction project, facility improvement, or operating costs subsequently paid for with payments-in-kind, the Secretary of Defense shall return to the Treasury funds in the amount equal to the value of the appropriated funds. . 2802. Extension and modification of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States Section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136 Public Law 112–239 (1) in subsection (a), by striking The Secretary conditions: The Secretary of Defense may obligate appropriated funds available for operation and maintenance to carry out, inside the area of responsibility of the United States Central Command or certain countries in the area of responsibility of United States Africa Command, a construction project that the Secretary determines meets each of the following conditions: (2) in subsection (c)(1), by striking shall not exceed shall not exceed $100,000,000 between October 1, 2013, and December 31, 2014 (3) in subsection (h)— (A) in paragraph (1), by striking September 30, 2013 December 31, 2014 (B) in paragraph (2), by striking fiscal year 2014 fiscal year 2015 (4) by amending subsection (i) to read as follows: (i) Certain countries in the area of responsibility of United States Africa Command defined In this section, the term certain countries in the area of responsibility of United States Africa Command . B Real Property and Facilities Administration 2811. Authority for acceptance of funds to cover administrative expenses associated with real property leases and easements (a) Authority Subsection (e)(1)(C) of section 2667 (vi) Expenses incurred by the Secretary under this section and for easements under section 2668 of this title. . (b) Program expenses defined Subsection (i) of such section is amended by adding at the end the following new paragraph: (4) The term program expenses . 2812. Application of cash payments received for utilities and services Section 2872a(c)(2) (1) by inserting (A) (2) (2) by striking under paragraph (1) shall be was paid. (i) in the case of a cost paid using funds appropriated or otherwise made available before October 1, 2014, be credited to the appropriation or working capital account from which the cost of furnishing utilities or services concerned was paid; or (ii) in the case of a cost paid using funds appropriated or otherwise made available on or after October 1, 2014, be credited to the appropriation or working capital account currently available for the purpose of furnishing utilities or services under subsection (a). ; and (3) by striking Amount so credited (B) Amounts so credited . 2813. Modification of authority to enter into long-term contracts for receipt of utility services as consideration for utility systems conveyances Section 2688(d)(2) as determined by a business case analysis that includes an independent estimate of the level of investment that should be required to maintain adequate operation of the utility system over the term of the conveyance 2814. Acquisition of real property at Naval Base Ventura County, California (a) Authority The Secretary of the Navy may acquire all right, title, and interest to property and improvements at Naval Base Ventura County, California, constructed pursuant to the former section 2828(g) Public Law 98–115 (b) Use Upon acquiring the real property under subsection (a), the Secretary may use the improvements as provided in sections 2835 2835a C Provisions Related to Asia-Pacific Military Realignment 2821. Realignment of Marines Corps forces in Asia-Pacific Region (a) Restriction on use of funds Except as provided in subsection (c), none of the funds authorized to be appropriated under this Act, and none of the amounts provided by the Government of Japan for construction activities on land under the jurisdiction of the Department of Defense, may be obligated to implement the realignment of Marine Corps forces from Okinawa to Guam or Hawaii until each of the following occurs: (1) The Commander of the United States Pacific Command provides to the congressional defense committees an assessment of the strategic and logistical resources needed to ensure the distributed lay-down of members of the Marine Corps in the United States Pacific Command Area of Responsibility meets the contingency operations plans. (2) The Secretary of Defense submits to the congressional defense committees master plans for the construction of facilities and infrastructure to execute the Marine Corps distributed lay-down on Guam and Hawaii, including a detailed description of costs and the schedule for such construction. (3) The Secretary of the Navy submits a plan to the congressional defense committees detailing the proposed investments and schedules required to restore facilities and infrastructure at Marine Corps Air Station Futenma. (4) A plan coordinated by all pertinent Federal agencies is provided to the congressional defense committees detailing descriptions of work, costs, and a schedule for completion of construction, improvements, and repairs to the non-military utilities, facilities, and infrastructure, if any, on Guam affected by the realignment of forces. (b) Restriction on development of public infrastructure If the Secretary of Defense determines that any grant, cooperative agreement, transfer of funds to another Federal agency, or supplement of funds available in fiscal year 2014 under Federal programs administered by agencies other than the Department of Defense will result in the development (including repair, replacement, renovation, conversion, improvement, expansion, acquisition, or construction) of public infrastructure on Guam, the Secretary of Defense may not carry out such grant, transfer, cooperative agreement, or supplemental funding unless such grant, transfer, cooperative agreement, or supplemental funding is specifically authorized by law. (c) Exceptions to restriction on use of funds The Secretary of Defense may use funds described in subsection (a)— (1) to complete additional analysis or studies required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (2) to initiate planning and design of construction projects at Andersen Air Force Base and Andersen South; and (3) to carry out any military construction project for which an authorization of appropriations is provided in section 2204, as specified in the funding table in section 4601. (d) Definitions In this section: (1) Distributed lay-down The term distributed lay-down (2) Public infrastructure The term public infrastructure 2822. Modification of reporting requirements relating to Guam realignment Section 2835(e)(1) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 2675; 10 U.S.C. 2687 (1) by striking calendar year fiscal year (2) by striking such year such fiscal year (3) by striking the year the fiscal year D Land Conveyances 2831. Land conveyance Joint Base Pearl Harbor Hickam, Hawaii (a) Conveyances authorized The Secretary of the Navy may convey to the Hale Keiki School all right, title, and interest of the United States, or any portion thereof, in and to certain real property, including any improvements thereon, consisting of approximately 11 acres located at or in the nearby vicinity of 153 Bougainville Drive, Honolulu, Hawaii (City and County of Honolulu Tax Map Key No. 9–9–02:37), which is part of the Joint Base Pearl Harbor-Hickam, before such real property, or any portion thereof, is made available for transfer pursuant to the Hawaiian Home Lands Recovery Act (title II of Public Law 104–42; 109 Stat. 357), for use by any other Federal agency, or for disposal under applicable laws. (b) Consideration As consideration for a conveyance under subsection (a), the Hale Keiki School shall provide the United States, whether by cash payment, in-kind consideration described in section 2667(c) (c) Exercise of right to purchase property (1) Acceptance of offer For a period of 180 days beginning on the date the Secretary makes a written offer to convey the property or any portion thereof under subsection (a), the Hale Keiki School shall have the exclusive right to accept such offer by providing written notice of acceptance to the Secretary within the specified 180-day time period. If the Secretary’s offer is not so accepted within the 180-day period, the offer shall expire. (2) Conveyance deadline If the Hale Keiki School accepts the offer to convey the property or a portion thereof in accordance with paragraph (1), the conveyance shall take place not later than 2 years after the date of the Hale Keiki School's written acceptance, provided that the conveyance date may be extended for a reasonable period of time by mutual agreement of the parties, evidenced by a new lease or license executed by the parties prior to the end of the 2-year period. (d) Payment of costs of conveyances (1) Payment required The Secretary shall require the Hale Keiki School to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out a conveyance under subsection (a), including survey costs, related to the conveyance. If amounts are collected from the Hale Keiki School in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the Hale Keiki School. The Secretary may collect the costs from the Hale Keiki School in advance of incurring any costs and may pay the administrative costs of processing the conveyance as they are incurred or at any time thereafter. (2) Assumption of risk of paying costs of conveyance In the event that the conveyance is not completed by the deadline set forth in subsection (c)(2), the amounts collected from the Hale Keiki School will not be refunded or reimbursed and the Hale Keiki School shall be considered to have assumed the risk of paying all costs of processing the conveyance after the offer has been accepted by the Hale Keiki School, regardless of whether or not the conveyance is ever actually completed. (3) Treatment of amounts received Amounts received under paragraph (1) as reimbursement for costs incurred by the Secretary to carry out a conveyance under subsection (a) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (e) Description of property The exact acreage and legal description of any real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. (f) Additional term and conditions The Secretary may require such additional terms and conditions in connection with a conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 2832. Mt. Soledad Veterans Memorial transfer (a) Authority to convey mt. soledad veterans memorial, san diego, california Subject to subsection (b), the Secretary of Defense may convey to an eligible entity as provided in this section all right, title, and interest of the United States in and to the Mt. Soledad Veterans Memorial (in this section referred to as the Memorial (b) Limitations (1) Price The Secretary shall select by public bid the eligible entity to which the Memorial is to be conveyed under subsection (a). The Secretary shall use good faith efforts to ensure the greatest possible return on such conveyance considering the conditions required under paragraph (2). (2) Conditions on conveyance The conveyance of the Memorial under subsection (a) shall be subject to the following conditions: (A) That the eligible entity to which the Memorial is conveyed accepts the Memorial in its condition at the time of the conveyance, commonly known as conveyance as is (B) That the Memorial shall be maintained and used as a veterans memorial in perpetuity. (C) That if the Secretary determines at any time that the Memorial is not being used as a veterans memorial, all right, title, and interest in and to the Memorial, including any improvements thereto, shall, at the option of the Secretary, revert to, and become the property of the United States, and the United States shall have the right of immediate entry unto the Memorial, without any right of compensation to the owner or any other person. (3) Land exchange Notwithstanding paragraph (1), if no eligible entity makes an acceptable bid for the Memorial or the Secretary determines, in the Secretary’s sole discretion, that a land exchange would be more beneficial to the United States, the Secretary may convey the Memorial to an eligible entity in exchange for real property of at least equal value if the real property offered in exchange is located adjacent to other real property of the United States and the Federal agency exercising administrative jurisdiction over that other real property agrees to accept administrative jurisdiction over the real property offered in exchange. (c) Treatment of amounts received (1) Reimbursement of costs of conveyance The Secretary shall use any funds received from the conveyance under subsection (a) to reimburse the Secretary for costs incurred by the Secretary to carry out the conveyance, including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. Amounts to reimburse those costs from funds so received shall be credited to the fund or account that was used to cover those costs. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (2) Deposit of balance The remainder of such funds, if any, shall be deposited into the account used to pay for the acquisition of the Memorial by the United States. (d) Description of property The exact acreage and legal description of the property to be conveyed under subsection (a), and, in the case of a land exchange under subsection (b)(3), the real property offered in exchange, shall be determined by a survey satisfactory to the Secretary. (e) Additional terms and conditions The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. (f) Exemption from historic preservation requirements Sections 106 and 110 of the National Historic Preservation Act ( 16 U.S.C. 470f (g) Definitions In this section: (1) Eligible entity The term eligible entity (2) Mt. soledad veterans memorial The term Mt. Soledad Veterans Memorial An Act to preserve the Mt. Soledad Veterans Memorial in San Diego, California, by providing for the immediate acquisition of the memorial by the United States Public Law 109–272 E Other matters 2841. Redesignation of the Asia-Pacific Center for Security Studies as the Daniel K. Inouye Asia-Pacific Center for Security Studies (a) Redesignation The Department of Defense regional center for security studies known as the Asia-Pacific Center for Security Studies is hereby renamed the Daniel K. Inouye Asia-Pacific Center for Security Studies (b) Conforming amendments (1) Reference to regional centers for security studies Subparagraph (B) of section 184(b)(2) of title 10, United States Code, is amended to read as follows: (B) The Daniel K. Inouye Asia-Pacific Center for Security Studies. . (2) Acceptance of gifts and donations Subparagraph (B) of section 2611(a)(2) of such title is amended to read as follows: (B) The Daniel K. Inouye Asia-Pacific Center for Security Studies. . (c) References Any reference to the Department of Defense Asia-Pacific Center for Security Studies in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Daniel K. Inouye Asia-Pacific Center for Security Studies. C Department of Energy national security authorizations and other authorizations XXXI Department of Energy national security programs A National Security Programs Authorizations 3101. National Nuclear Security Administration (a) Authorization of appropriations Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2014 for the activities of the National Nuclear Security Administration in carrying out programs as specified in the funding table in section 4701. (b) Authorization of new plant projects From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out new plant projects for the National Nuclear Security Administration as follows: Project 14–D–701, Device Assembly Facility, Argus Installation Project, Nevada National Security Site, Nevada, $14,000,000. Project 14–D–901, Spent Fuel Handling Recapitalization Project, Idaho National Laboratory, Idaho, $45,400,000. Project 14–D–902, Material Characterization Laboratory, Knolls Atomic Power Laboratory, Schenectady, New York, $1,000,000. 3102. Defense environmental cleanup Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2014 for defense environmental cleanup activities in carrying out programs as specified in the funding table in section 4701. 3103. Other defense activities Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2014 for other defense activities in carrying out programs as specified in the funding table in section 4701. B Program Authorizations, Restrictions, and Limitations 3111. Establishment of Director for Cost Estimating and Program Evaluation in National Nuclear Security Administration (a) In general Subtitle A of the National Nuclear Security Administration Act ( 50 U.S.C. 2401 et seq. 3221. Director for Cost Estimating and Program Evaluation (a) Establishment There is in the Administration a Director for Cost Estimating and Program Evaluation (in this section referred to as the Director (b) Duties (1) The Director shall be the principal officer of the Administration responsible for communicating directly with the Administrator, the Deputy Secretary of Energy, and the Secretary of Energy with respect to cost estimation and program evaluation for the Administration. (2) The Administrator may not delegate responsibility for receiving or acting on communications from the Director with respect to cost estimation and program evaluation for the Administration. (c) Deputy Directors There shall be two deputy directors, who shall report directly to the Director, as follows: (1) The Deputy Director for Cost Estimation. (2) The Deputy Director for Program Evaluation. (d) Activities for cost estimation (1) The Director shall be the responsible for the following activities relating to cost estimation: (A) Prescribing policies and procedures for cost analysis and estimation by the Administration, including the determination of confidence levels with respect to cost estimates. (B) Reviewing cost estimates and evaluating the performance baseline for each major atomic energy defense acquisition program. (C) Establishing policies and procedures for developing technology readiness assessments for such programs that are consistent with the guidelines of the Department of Energy for technology readiness assessments. (D) Reviewing technology readiness assessments for such programs to ensure that such programs are meeting levels of confidence associated with appropriate overall system performance. (E) Reviewing costs and, if necessary, conducting independent cost estimates of projects covered by Department of Energy Order 413.3 (relating to program and project management for the acquisition of capital assets) (or a successor order) for the acquisition of capital assets for atomic energy defense activities. (2) A review, evaluation, or cost estimate conducted under subparagraph (B), (D), or (E) of paragraph (1) is an inherently governmental function and may not be conducted by a national security laboratory or a contractor of the Administration. The Director may use data collected by such a laboratory or contractor in conducting such a review, evaluation, or cost estimate. (3) The Director shall submit in writing to the Administrator the following: (A) The certification of the Director with respect to each review, evaluation, and cost estimate conducted under subparagraph (B), (D), or (E) of paragraph (1). (B) A statement of the confidence level of the Director with respect to each such review, evaluation, and cost estimate, including an identification of areas of uncertainty in each such review, evaluation, and cost estimate. (4) The Administrator shall transmit each review, evaluation, and cost estimate conducted under subparagraph (B), (D), or (E) of paragraph (1) to the congressional defense committees with any additional comments of the Administrator supporting or disputing the review, evaluation, or cost estimate. (e) Activities for program evaluation (1) The Director shall be responsible for the following activities relating to program evaluation: (A) Reviewing and commenting on policies and procedures for setting requirements for the future-years nuclear security program under section 3253 and for prioritizing and estimating the funding required by the Administration for that program. (B) Reviewing the future-years nuclear security program on an annual basis to ensure that the program is accurate and thorough. (C) Prescribing policies and procedures for initiating analyses of alternatives for major atomic energy defense acquisition programs. (D) As part of the planning, programming, and budgeting process of the Administration under sections 3251 and 3252, analyzing the planning phase of that process, preparing programmatic and fiscal year guidance, and managing the program review phase of that process. (E) Developing and managing the submittal of the Selected Acquisition Reports and independent cost estimates on nuclear weapons systems undergoing major life extension under section 4217 of the Atomic Energy Defense Act ( 50 U.S.C. 2537 (F) Reviewing cost and schedule baselines for projects under section 4713 of the Atomic Energy Defense Act (50 U.S.C. 2753) and managing notifications to the congressional defense committees of cost overruns under that section. (2) A review conducted under paragraph (1)(B) is an inherently governmental function and may not be conducted by a national security laboratory or a contractor of the Administration. The Director may use data collected by such a laboratory or contractor in conducting such a review. (3) The Director shall submit to Congress a report on any major programmatic deviations from the future-years nuclear security program discovered in conducting a review under paragraph (1)(B) at or about the time the budget of the President is submitted to Congress under section 1105(a) (f) Staff The Administrator shall ensure that the Director has sufficient numbers of personnel who have competence in technical and budgetary matters to carry out the functions required by this section. (g) Reports by Director The Director shall submit to Congress at or about the time that the budget of the President is submitted to Congress pursuant to section 1105(a) (1) A description of activities related to developing accurate and timely budget formulation conducted by the Director during the calendar year preceding the submission of the report. (2) An assessment of efforts to develop accurate cost estimates and analyses, including of technology readiness assessments. (3) An assessment of deficiencies in developing an integrated list of requirements for programs and projects of the Administration using available resources. (4) A list of all major atomic energy defense acquisition programs and projects covered by Department of Energy Order 413.3 (or a successor order) for the acquisition of capital assets for atomic energy defense activities and a concise description of the status of each such program and project in meeting cost and critical milestones. (h) Briefing by Comptroller General of the United States Not later than 90 days after the Director submits a report to Congress under subsection (g), the Comptroller General of the United States shall brief Congress on the following: (1) The assessment of the Comptroller General with respect to the report submitted under subsection (g). (2) Recommendations for improving the ability of the Director to perform the functions required by this section, including recommendations with respect to the availability of personnel and resources to carry out those functions. (i) Definitions In this section: (1) Major atomic energy defense acquisition program (A) In general Except as provided in subparagraph (B), the term major atomic energy defense acquisition program (i) the total project cost of which is more than $50,000,000 (based on fiscal year 2012 constant dollars); or (ii) the total lifetime cost of which is more than $350,000,000 (based on fiscal year 2012 constant dollars). (B) Exclusion of capital assets acquisition projects The term major atomic energy defense acquisition program (2) Performance baseline The term performance baseline . (b) Implementation plan Not later than 180 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall submit to the congressional defense committees a plan for the implementation of section 3221 of the National Nuclear Security Administration Act, as added by subsection (a), that includes the following: (1) An identification of the number of personnel required to support the Director for Cost Estimating and Program Evaluation, the Deputy Director for Cost Estimating, and the Deputy Director for Program Evaluation established under such section 3221. (2) A description of the functions of such personnel. (3) A plan for training such personnel through entities of the Department of Defense that conduct activities similar to the activities described in such section 3221 on the day before the date of the enactment of this Act. (4) An estimate of the time required to hire and train such personnel. (5) A plan for developing cost estimation and program evaluation activities jointly with the Department of Defense to the extent practicable and beneficial to both the National Nuclear Security Administration and the Department of Defense. (c) Conforming amendment Section 5315 Director for Cost Estimating and Program Evaluation, National Nuclear Security Administration. . (d) Clerical amendment The table of contents for the National Nuclear Security Administration Act is amended by inserting after the item relating to section 3220 the following new item: Sec. 3221. Director for Cost Estimating and Program Evaluation. . 3112. Plan for improvement and integration of financial management of nuclear security enterprise (a) In general Subtitle A of title XLVII of the Atomic Energy Defense Act ( 50 U.S.C. 2741 et seq. 4714. Plan for improvement and integration of financial management of nuclear security enterprise (a) Plan required (1) The Administrator shall develop a plan for improving and integrating the financial management of the nuclear security enterprise. (2) The plan required by paragraph (1) shall include the following: (A) A structure for the allocation of work to be used by the entities within the nuclear security enterprise for the activities carried out by those entities, including activities for which funds are transferred from the Department of Defense to the Administration. (B) A clear and easily understandable cost structure for each entity within the nuclear security enterprise. (C) A methodology for identifying costs for programs of record and base capabilities required for programs carried out by the nuclear security enterprise. (D) A system for monitoring those programs during the execution of those programs and to provide data to inform oversight of those programs. (E) A reporting system to be used by the entities within the nuclear security enterprise to facilitate analyses, projections, and comparisons of similar activities carried out by different entities within the nuclear security enterprise. (F) A plan for providing sufficient resources to implement the plan required by paragraph (1). (3) The Administrator shall submit the plan required by paragraph (1) to the congressional defense committees not later than February 15, 2014. (4) The Administrator shall implement the plan required by paragraph (1) by not later than the date that is 4 years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014. (b) Review by Comptroller General of the United States (1) Not later than the date that is 4 years and 6 months after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014, the Comptroller General of the United States shall review the implementation of the plan required by subsection (a) and submit to the congressional defense committees a report on the results of the review. (2) For the first fiscal year that begins after the submission of the report required by paragraph (1) and each of the 3 fiscal years thereafter, the Comptroller General shall— (A) review the implementation of the plan required by subsection (a), with particular attention to elements of the plan that are not fully implemented; and (B) not later than 180 days after the end of the fiscal year, submit to the congressional defense committees a report on the results of the review. . (b) Clerical amendment The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4713 the following new item: Sec. 4714. Plan for improvement and integration of financial management of nuclear security enterprise. . 3113. Certification of security measures at atomic energy defense facilities (a) In general Subtitle A of title XLV of the Atomic Energy Defense Act ( 50 U.S.C. 2651 et seq. 4510. Certification of security measures at atomic energy defense facilities (a) In general Not later than January 1, 2014, and every 2 years thereafter, the Secretary of Energy shall— (1) review the security measures of each facility specified in subsection (b) that contains Category I or Category II special nuclear material; and (2) submit to the congressional defense committees a certification with respect to whether such measures— (A) provide for the effective protection of Category I and Category II special nuclear material; and (B) meet the standards and regulations of the Department of Energy for the physical protection of facilities and surrounding infrastructure containing such material. (b) Facilities specified The facilities specified in this subsection are the following: (1) The national security laboratories. (2) The nuclear weapons production facilities. (3) The defense nuclear facilities at which defense environmental cleanup activities are occurring. (c) Plan for laboratories and facilities that do not meet standards (1) If the Secretary determines under subsection (a)(2) that the security measures of a facility specified in subsection (b) do not provide for the effective protection of Category I and Category II special nuclear material or do not meet the standards and regulations described in subsection (b), the Secretary shall develop and implement a plan for ensuring that such measures are improved to provide for effective protection of such material and to meet such standards and regulations in an expeditious manner. (2) The Secretary shall submit to the congressional defense committees with the certification required by subsection (a)(2) the following: (A) Each plan developed under paragraph (1) with respect to a facility specified in subsection (b). (B) An estimate of the time required to ensure that the security measures of that facility provide for effective protection of Category I and Category II special nuclear material and meet the standards and regulations described in subsection (a)(2). (C) An assessment of whether it is in the national security interests of the United States to keep that facility in routine operations and, if so, a description of the temporary mitigating measures to be taken to maintain routine operations at the facility. (3) Not later than 30 days after the submission of the certification under subsection (a)(2), the Inspector General of the Department of Energy shall submit to the congressional defense committees a report assessing the adequacy and effectiveness of each plan developed under paragraph (1). (d) Form of reports Each certification required by subsection (a)(2) and each plan and report required by subsection (c) shall be submitted in unclassified form, but may include a classified annex. . (b) Clerical amendment The table of contents for such Act is amended by inserting after the item relating to section 4509 the following new item: Sec. 4510. Certification of security measures at atomic energy defense facilities. . 3114. Plan for incorporating exascale computing into the stockpile stewardship program (a) In general Subtitle A of title XLII of the Atomic Energy Defense Act ( 50 U.S.C. 2521 et seq. 4219. Plan for incorporating exascale computing into the stockpile stewardship program (a) Plan required The Administrator shall develop and carry out a plan to incorporate exascale computing into the stockpile stewardship program under section 4201 during the 20-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014. (b) Milestones The plan required by subsection (a) shall include major programmatic milestones in the development of a prototype exascale computer for the stockpile stewardship program. (c) Coordination with other agencies In developing the plan required by subsection (a), the Administrator shall coordinate, as appropriate, with the Under Secretary of Energy for Science, the Secretary of Defense, and elements of the intelligence community (as defined in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 401a(4) (d) Inclusion of costs in future-years nuclear security program The Administrator shall address the costs of incorporating exascale computing into the stockpile stewardship program in the estimated expenditures and proposed appropriations reflected in the future-years nuclear security program submitted under section 3253 of the National Nuclear Security Administration Act (50 U.S.C. 2453). (e) Submission to Congress; report (1) The Administrator shall submit to the congressional defense committees, at or about the same time the budget of the President is submitted to Congress under section 1105(a) of title 31, United States Code, in each even-numbered year, the following: (A) The plan required by subsection (a). (B) A report that describes advances outside the United States in exascale computing for defense and nondefense applications. (2) Each plan and report submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex if necessary. (f) Exascale computing defined In this section, the term exascale computing . (b) Clerical amendment The table of contents for such Act is amended by inserting after the item relating to section 4218 the following new item: Sec. 4219. Plan for incorporating exascale computing into the stockpile stewardship program. . 3115. Integrated plutonium strategy (a) In general Subtitle A of title XLII of the Atomic Energy Defense Act ( 50 U.S.C. 2521 et seq. 4220. Integrated plutonium strategy (a) In general The Administration shall include in the plan required by 4203 a strategy for the integrated management of plutonium for stockpile and stockpile stewardship needs over a 20-year period. (b) Elements The strategy required by subsection (a) shall include the following: (1) An assessment of the baseline science issues necessary to understand plutonium aging under static and dynamic conditions under manufactured and nonmanufactured plutonium geometries. (2) An assessment of scientific and testing instrumentation for plutonium at elemental and bulk conditions. (3) An assessment of manufacturing and handling technology for plutonium and plutonium components. (4) An assessment of computational models of plutonium performance under static and dynamic loading, including manufactured and nonmanufactured conditions. (5) An identification of any capability gaps with respect to the assessments described in paragraphs (1) through (4). (6) An estimate of costs relating to the issues, instrumentation, technology, and models described in paragraphs (1) through (4) over the period covered by the future-years nuclear security program under section 3253 of the National Nuclear Security Administration Act ( 50 U.S.C. 2453 (7) An estimate of the cost of eliminating the capability gaps identified under paragraph (5) over the period covered by the future-years nuclear security program. (8) Such other items as the Administrator considers important for the integrated management of plutonium for stockpile and stockpile stewardship needs. (c) Review (1) The Administrator shall enter into an arrangement with the National Academy of Sciences to review the strategy required by subsection (a). (2) The review required by paragraph (1) shall be submitted not later than one year after the submission of the first plan required under section 4203 that includes the strategy required by subsection (a). . (b) Clerical amendment The table of contents for such Act is amended by inserting after the item relating to section 4219, as added by section 3114, the following new item: Sec. 4220. Integrated plutonium strategy. . 3116. Authorization of modular building strategy as an alternative to the replacement project for the Chemistry and Metallurgy Research Building, Los Alamos National Laboratory, New Mexico Section 3114(c) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2171; 50 U.S.C. 2535 (1) by striking No funds (1) Limitation on use of funds Except as provided in paragraph (2), no funds ; and (2) by adding at the end the following new paragraphs: (2) Use of funds for modular building strategy The Administrator for Nuclear Security may obligate and expend funds referred to in paragraph (1) for activities relating to a modular building strategy on and after the date that is 30 days after the date on which the Nuclear Weapons Council established under section 179 (A) the modular building strategy meets requirements for maintaining the nuclear weapons stockpile over a 30-year period; (B) in fiscal year 2015, the National Nuclear Security Administration will begin the process of designing and building modular buildings in accordance with Department of Energy Order 413.3 (relating to relating to program management and project management for the acquisition of capital assets); and (C) the Administrator will include the costs of the modular building strategy in the estimated expenditures and proposed appropriations reflected in the future-years nuclear security program submitted under section 3253 of the National Nuclear Security Administration Act ( 50 U.S.C. 2453 (3) Modular building strategy defined In this subsection, the term modular building strategy . 3117. Increase in construction design threshold Section 4706(b) of the Atomic Energy Defense Act ( 50 U.S.C. 2746(b) $600,000 $1,200,000 3118. Clarification of form of submission of cost estimates on life extension programs and new nuclear facilities Section 4217(b) of the Atomic Energy Defense Act ( 50 U.S.C. 2537(b) (3) Each cost estimate submitted under this subsection shall be submitted in unclassified form, but may include a classified annex if necessary. . C Reports 3121. Assessment of nuclear nonproliferation programs of the National Nuclear Security Administration (a) In general The Administrator for Nuclear Security shall enter into an arrangement with the National Academy of Sciences to conduct an assessment of existing and future nuclear nonproliferation programs of the National Nuclear Security Administration. (b) Elements The assessment required by subsection (a) shall include an assessment of the following: (1) The status of nuclear nonproliferation programs of the National Nuclear Security Administration as of the date of the enactment of this Act. (2) Whether those programs are meeting the goals of those programs. (3) The extent of the work remaining for those programs to meet those goals. (4) Nuclear nonproliferation programs of the National Nuclear Security Administration with countries that have obtained nuclear weapons and are not parties to the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1970 (21 UST 483) (commonly known as the Nuclear Non-Proliferation Treaty (5) Nuclear nonproliferation programs of the National Nuclear Security Administration with countries that are non-nuclear weapon state parties to the Nuclear Non-Proliferation Treaty and are acquiring nuclear materials in violation of commitments under the Treaty. (6) Nuclear nonproliferation programs to be carried out by the National Nuclear Security Administration during the 10-period beginning on the date of the enactment of this Act. (c) Report required Not later than January 31, 2015, the Administrator shall submit to the congressional defense committees a report containing the results of the assessment required by subsection (a). 3122. Modification of reviews relating to cost-benefit analyses of management and operating contracts of the National Nuclear Security Administration Section 3121(c) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 (c) Review by Comptroller General of the United States (1) In general The Comptroller General of the United States shall, except as provided in paragraph (2), review reports submitted to the congressional defense committees under subsection (a) or (d)(2) at such times as the Comptroller General, in consultation with such committees, determines appropriate. (2) Exception The Comptroller General may not conduct a review under paragraph (1) of a report relating to a contract to manage and operate a facility of the National Nuclear Security Administration while a protest concerning an alleged violation of a procurement statute or regulation brought under subchapter V of chapter 35 of title 31, United States Code, is pending with respect to that contract. . 3123. Modification of deadline for certain reports relating to program on scientific engagement for nonproliferation Section 3122(c) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2176; 50 U.S.C. 2562 (1) in paragraph (1), by striking 15 30 (2) by redesignating paragraph (3) as paragraph (4); (3) by inserting after paragraph (2) the following new paragraph (3): (3) Waiver The Administrator may waive the requirement under paragraph (1) to submit a report on a modification in the program under subsection (a) not later than 30 days before making the modification if the Administrator— (A) determines that the modification is urgent and necessary to the national security interests of the United States; and (B) not later than 30 days after making the modification, submits to the appropriate congressional committees— (i) the report on the modification required by paragraph (1); and (ii) a justification for exercising the waiver authority under this paragraph. ; and (4) in paragraph (4), as redesignated by paragraph (2), by striking The report under paragraph (1) Each report submitted under paragraph (1) or (3)(B) 3124. Modification of certain reports on cost containment for uranium capabilities replacement project Section 3123(f) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 (1) in the subsection heading, by striking quarterly (2) by striking paragraph (1) and inserting the following new paragraph (1): (1) In general The Comptroller General of the United States shall submit to the congressional defense committees a report on the project referred to in subsection (a)— (A) not later than 90 days after the date of the enactment of this Act and every 90 days thereafter through the date that is one year after such date of enactment; and (B) after the date that is one year after such date of enactment, at such times as the Comptroller General, in consultation with the congressional defense committees, determines appropriate, taking into consideration the critical decision points of the project (as defined in orders of the Department of Energy). ; and (3) in paragraph (2)— (A) in subparagraph (A), by striking and the progress on meeting the requirements of section 4713 of the Atomic Energy Defense Act ( 50 U.S.C. 2753 (B) in subparagraph (D), by striking programmatic 3125. Submission of interim report of Congressional Advisory Panel on the Governance of the Nuclear Security Enterprise Section 3166(d)(1) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 the date of the enactment of this Act the first meeting of the advisory panel under subsection (b)(5) D Technical corrections 3131. Technical corrections to the National Nuclear Security Administration Act (a) Administrator for Nuclear Security Section 3212(c) of the National Nuclear Security Administration Act ( 50 U.S.C. 2402(c) section 16(3) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 414(3) section 1702(c) of title 41, United States Code (b) Status of Administration and contractor personnel Section 3220 of such Act ( 50 U.S.C. 2410 ( 42 U.S.C. 7132(c)(3) section 202(c)(3) of the Department of Energy Organization Act (c) Government access to information and computers Section 3235(b) of such Act ( 50 U.S.C. 2425(b) ( Public Law 99–508 of 1986 (d) Authority to establish certain positions Section 3241 of such Act (50 U.S.C. 2441) is amended in the last sentence by— (1) by striking excepted positions established positions established (2) by striking an excepted position a position (3) by striking nonexcepted position position not established under this section (e) Separate treatment in budget Section 3251(a) of such Act (50 U.S.C. 2451(a)) is amended by striking the Congress Congress (f) Future-years nuclear security program Section 3253(b) of such Act (50 U.S.C. 2453(b)) is amended— (1) by striking five-fiscal year five-fiscal-year (2) by striking paragraph (5) and by redesignating paragraph (6) as paragraph (5); and (3) in subparagraph (B) of paragraph (5), as redesignated by paragraph (2), by striking National Nuclear Security (g) Compliance with Federal Acquisition Regulation Section 3262 of such Act (50 U.S.C. 2462) is amended by striking the Office of Federal Procurement Policy Act ( 41 U.S.C. 401 et seq. section 1303(a)(1) of title 41, United States Code (h) Use of capabilities of national security laboratories Section 3264 of such Act ( 50 U.S.C. 2464 of Energy Secretary (i) Definitions Section 3281(2)(F) of such Act ( 50 U.S.C. 2471(2)(F) the Congress Congress (j) Functions transferred Section 3291(d)(1) of such Act ( 50 U.S.C. 2481(d)(1) 3132. Technical corrections to the Atomic Energy Defense Act (a) Definitions (1) In general Section 4002 of the Atomic Energy Defense Act ( 50 U.S.C. 2501 (A) in the matter preceding paragraph (1), by striking In this division Except as otherwise provided, in this division (B) by redesignating paragraphs (5), (6), (7), and (8) as paragraphs (6), (7), (9), and (10), respectively; (C) by inserting after paragraph (4) the following new paragraph (5): (5) The terms defense nuclear facility Department of Energy defense nuclear facility Department of Energy defense nuclear facility 42 U.S.C. 2286g ; (D) by inserting after paragraph (7), as redesignated by subparagraph (B), the following new paragraph (8): (8) The term Nuclear Weapons Council section 179 ; and (E) in paragraph (10), as redesignated by subparagraph (B), by striking restricted data Restricted Data (2) Conforming amendments (A) Nuclear weapons stockpile stewardship plan Section 4203(e)(1) of such Act (50 U.S.C. 2523(e)(1)) is amended in the matter preceding subparagraph (A) by striking established by section 179 (B) Reports on life extension programs Section 4216(a) of such Act (50 U.S.C. 2536(a)) is amended in the matter preceding paragraph (1) by striking established by section 179 (C) Selected acquisition reports Section 4217(b) of such Act (50 U.S.C. 2537(b)) is amended in the matter preceding paragraph (1) by striking established under section 179 (D) Advice on nuclear weapons stockpile Section 4218 of such Act (50 U.S.C. 2538) is amended— (i) in subsection (e), by striking Joint (ii) in subsection (f)(1), in the matter preceding subparagraph (A), by striking established under section 179 (E) Reports on permanent closures of defense nuclear facilities Section 4422(a) of such Act ( 50 U.S.C. 2602(a) (as defined in section 318 of the Atomic Energy Act of 1954 (42 U.S.C. 2286(g)) (F) Prohibition on international inspections Section 4501(a) of such Act (50 U.S.C. 2651(a)) is amended by striking restricted data Restricted Data (G) Review of certain documents before declassification and release Section 4521 of such Act ( 50 U.S.C. 2671 restricted data Restricted Data (H) Protection against inadvertent release of Restricted Data and Formerly Restricted Data Section 4522 of such Act ( 50 U.S.C. 2672 (I) Definitions Section 4701 of such Act ( 50 U.S.C. 2741 (i) by striking paragraph (2); and (ii) by redesignating paragraph (3) as paragraph (2). (J) Prohibition and report on bonuses to contractors Section 4802 of such Act (50 U.S.C. 2782) is amended— (i) by striking subsection (b); and (ii) by redesignating subsection (c) as subsection (b). (K) Transfers of real property Section 4831(f) of such Act ( 50 U.S.C. 2811(f) section: (2) The terms section, the terms (b) Restriction on certain licensing requirement Section 4103 of such Act (50 U.S.C. 2513) is amended by inserting ; 94 Stat. 3197 Public Law 96–540 (c) Nuclear weapons stockpile matters (1) Stockpile stewardship program Section 4201 of such Act ( 50 U.S.C. 2521 (A) in subsection (a), in the matter preceding paragraph (1), by striking for Nuclear Security (B) in subsection (b)— (i) in paragraph (4)(D), by striking Nevada national security site Nevada National Security Site (ii) in paragraph (5)— (I) by striking subparagraphs (A) through (D) and inserting the following new subparagraph (A): (A) the nuclear weapons production facilities; and ; and (II) by redesignating subparagraph (E) as subparagraph (B). (2) Stockpile management program Section 4204(a) of such Act (50 U.S.C. 2524(a)) is amended by striking for Nuclear Security (3) Annual assessments of nuclear weapons stockpile Section 4205 of such Act ( 50 U.S.C. 2525 (A) in subsection (c), by striking for Nuclear Security (B) in subsection (h)— (i) in the subsection heading, by striking Definitions Definition (ii) by striking section: (2) The term section, the term (iii) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and by moving such clauses, as so redesignated, 2 ems to the left. (4) Nuclear test ban readiness program Section 4207 of such Act ( 50 U.S.C. 2527 (A) by striking subsection (a); (B) by redesignating subsections (b), (c), and (d) as subsections (a), (b), and (c), respectively; (C) in subsection (a), as redesignated by subparagraph (B), by striking Soviet Union Russian Federation (D) in subsection (b), as redesignated by subparagraph (B), by striking subsection (b) subsection (a) (E) in subsection (c), as redesignated by subparagraph (B)— (i) by striking subsection (b) subsection (a) (ii) by striking national nuclear weapons laboratories national security laboratories (5) Requirements for specific request for new or modified nuclear weapons Section 4209(d) of such Act ( 50 U.S.C. 2529(d) the date of the enactment of this Act December 2, 2002 (6) Manufacturing infrastructure Section 4212 of such Act ( 50 U.S.C. 2532 (A) in subsection (a)(2), by striking Review Memorandum (B) in subsection (c), by striking the Congress Congress (7) Reports on critical difficulties Section 4213 of such Act ( 50 U.S.C. 2533 (A) in subsection (a)— (i) in the subsection heading, by striking plants facilities (ii) by striking plant facility (B) in subsection (d)— (i) in the subsection heading, by striking certification assessment (ii) by striking included with the decision documents the President submitted to the President and Congress with the matters required to be submitted under section 4205(f) (8) Plan for transformation of nuclear security enterprise (A) Repeal Section 4214 of such Act ( 50 U.S.C. 2534 (B) Clerical amendment The table of contents for such Act is amended by striking the item relating to section 4214. (9) Replacement project for Chemistry and Metallurgy Research Building Section 4215(d)(2) of such Act ( 50 U.S.C. 2535(d)(2) National Nuclear Security (10) Advice on nuclear weapons stockpile Section 4218 of such Act (50 U.S.C. 2538), as amended by subsection (a)(2)(D), is further amended— (A) by striking subsection (a); (B) by redesignating subsections (b) through (g) as subsections (a) through (f), respectively; and (C) in subsection (d), as redesignated by subparagraph (B), by striking (under section 3159 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 42 U.S.C. 7274o under section 4213 (11) Tritium production program (A) In general Subsection (b) of section 4233 of such Act (50 U.S.C. 2543) is— (i) transferred to the end of section 4231 ( 50 U.S.C. 2541 (ii) redesignated as subsection (c). (B) Conforming repeal Section 4233 of such Act ( 50 U.S.C. 2543 (C) Clerical amendment The table of contents for such Act is amended by striking the item relating to section 4233. (d) Proliferation matters (1) Nonproliferation initiatives and activities (A) Repeal Section 4302 of such Act ( 50 U.S.C. 2562 (B) Clerical amendment The table of contents for such Act is amended by striking the item relating to section 4302. (2) Nuclear Cities Initiative (A) Repeal Section 4304 of such Act ( 50 U.S.C. 2564 (B) Clerical amendment The table of contents for such Act is amended by striking the item relating to section 4304. (e) Defense environmental cleanup (1) Defense environmental cleanup account Section 4401 of such Act (50 U.S.C. 2581) is amended— (A) in the section heading, by striking restoration and waste management cleanup (B) in subsection (a), by striking Restoration and Waste Management Cleanup (C) in subsection (b), by striking environmental restoration and waste management defense environmental cleanup (2) Future use plans for defense environmental cleanup Section 4402 of such Act ( 50 U.S.C. 2582 (A) in the section heading, by striking environmental management program defense environmental cleanup (B) in subsection (a), by striking environmental restoration and waste management defense environmental cleanup (C) in subsection (b)— (i) by striking paragraph (2); and (ii) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; (D) in subsection (c)(2), by striking for program direction in carrying out environmental restoration and waste management for defense environmental cleanup (E) by striking subsection (f); (F) by redesignating subsections (g) and (h) as subsections (f) and (g), respectively; and (G) in paragraph (2) of subsection (g), as redesignated by subparagraph (F)— (i) by striking an environmental restoration or waste management a defense environmental cleanup (ii) by striking environmental restoration and waste management defense environmental cleanup (3) Future-years defense environmental cleanup plan Section 4402A of such Act (50 U.S.C. 2582A) is amended— (A) in the section heading, by striking management cleanup (B) in subsection (a)— (i) in the matter preceding paragraph (1), by striking management cleanup (ii) in paragraph (1), by striking environmental management defense environmental cleanup (C) in subsection (b), by striking management cleanup (4) Integrated fissile materials management plan Section 4403 of such Act (50 U.S.C. 2583) is amended— (A) in subsection (a)(1)— (i) by striking the Office of Fissile Materials Disposition, the Office of Nuclear Energy, and the Office of Defense Programs the Office of Nuclear Energy, and the Administration (ii) by striking storage storage, (B) in subsection (b), by striking March 31, 2000 March 31, 2014 (5) Baseline environmental management reports Section 4404 of such Act (50 U.S.C. 2584) is repealed. (6) Accelerated schedule for defense environmental cleanup activities Section 4405 of such Act ( 50 U.S.C. 2585 (A) in the section heading, by striking environmental restoration and waste management defense environmental cleanup (B) in subsection (a), by striking environmental restoration and waste management defense environmental cleanup (C) in subsection (b)— (i) by striking paragraph (2); and (ii) by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively; (D) by striking subsection (c); (E) by redesignating subsection (d) as subsection (c); and (F) in subsection (c), as redesignated by subparagraph (E)— (i) by striking environmental restoration or waste management defense environmental cleanup (ii) by striking environmental restoration and waste management defense environmental cleanup (7) Defense environmental cleanup technology program Section 4406 of such Act ( 50 U.S.C. 2586 (A) in the section heading, by striking waste environmental (B) by striking subsections (b) and (c); and (C) by redesignating subsection (d) as subsection (b). (8) Report on defense environmental cleanup expenditures Section 4407 of such Act ( 50 U.S.C. 2587 (A) in the section heading, by striking environmental restoration defense environmental cleanup (B) by striking environmental restoration and waste management funds for defense activities defense environmental cleanup funds (9) Public participation in planning for defense environmental cleanup Section 4408 of such Act ( 50 U.S.C. 2588 (A) in the section heading, by striking environmental restoration and waste management at defense nuclear facilities defense environmental cleanup (B) by striking Attorneys General attorneys general (C) by striking environmental restoration and waste management defense environmental cleanup activities (10) Projects to accelerate closure activities Section 4421 of such Act (50 U.S.C. 2601) is repealed. (11) Reports in connection with closures Section 4422 of such Act (50 U.S.C. 2602) is amended— (A) in subsection (a), as amended by subsection (a)(2)(E)— (i) by striking must shall (ii) by striking environmental remediation and cleanup defense environmental cleanup (B) in subsection (b)(2), by striking environmental restoration and other remediation and cleanup efforts defense environmental cleanup activities (12) Defense environmental management privatization projects Subtitle C of title XLIV of such Act ( 50 U.S.C. 2611 (13) Hanford waste tank cleanup program Section 4442(b)(2) of such Act (50 U.S.C. 2622(b)(2)) is amended by striking responsible for aspects responsible for managing all aspects (14) Funding for termination costs of River Protection Project Section 4444(2) of such Act ( 50 U.S.C. 2624(2) environmental restoration and waste management defense environmental cleanup (15) Savannah River Site Subtitle E of title XLIV of such Act (50 U.S.C. 2631 et seq.) is amended by striking sections 4453A, 4453B, 4453C, and 4453D. (16) Conforming amendments Title XLIV of such Act ( 50 U.S.C. 2581 et seq. (A) in the title heading, by striking environmental restoration and waste management defense environmental cleanup (B) in the subtitle heading for subtitle A, by striking environmental restoration and waste management defense environmental cleanup (C) by redesignating subtitles D and E as subtitles C and D, respectively. (17) Clerical amendment The table of contents for such Act is amended by striking the items relating to title XLIV and inserting the following new items: Title XLIV—Defense environmental cleanup matters Subtitle A—Defense environmental cleanup Sec. 4401. Defense Environmental Cleanup Account. Sec. 4402. Requirement to develop future use plans for defense environmental cleanup. Sec. 4402A. Future-years defense environmental cleanup plan. Sec. 4403. Integrated fissile materials management plan. Sec. 4405. Accelerated schedule for defense environmental cleanup activities. Sec. 4406. Defense environmental cleanup technology program. Sec. 4407. Report on defense environmental cleanup expenditures. Sec. 4408. Public participation in planning for defense environmental cleanup. Subtitle B—Closure of facilities Sec. 4422. Reports in connection with permanent closures of Department of Energy defense nuclear facilities. Subtitle C—Hanford Reservation, Washington Sec. 4441. Safety measures for waste tanks at Hanford nuclear reservation. Sec. 4442. Hanford waste tank cleanup program. Sec. 4443. River Protection Project. Sec. 4444. Funding for termination costs of River Protection Project, Richland, Washington. Subtitle D—Savannah River Site, South Carolina Sec. 4451. Accelerated schedule for isolating high-level nuclear waste at the defense waste processing facility, Savannah River Site. Sec. 4452. Multi-year plan for clean-up. Sec. 4453. Continuation of processing, treatment, and disposal of legacy nuclear materials. Sec. 4454. Limitation on use of funds for decommissioning F–canyon facility. . (f) Safeguards and security matters (1) Restrictions on access to national security laboratories Section 4502 of such Act ( 50 U.S.C. 2652 (A) by striking subsections (b), (c), (d), and (e); (B) by redesignating subsections (f) and (g) as subsections (b) and (c), respectively; and (C) in paragraph (2) of subsection (c), as redesignated by subparagraph (B), by striking as in effect on January 1, 1999 (2) Counterintelligence polygraph program Section 4504 of such Act ( 50 U.S.C. 2654 (A) by striking subsection (d); and (B) by redesignating subsection (e) as subsection (d). (3) Notice to Congress of certain security and counterintelligence failures Section 4505(e)(2) of such Act ( 50 U.S.C. 2656(e)(2) the Congress Congress (4) Report on counterintelligence and security practices Section 4507(a) of such Act ( 50 U.S.C. 2658 the Congress Congress (5) Amounts for declassification activities Section 4525 of such Act (50 U.S.C. 2675) is amended by striking subsection (c). (6) Responsibility for Defense Programs Emergency Response Program (A) Repeal Subtitle C of title XLV of such Act ( 50 U.S.C. 2691 (B) Clerical amendment The table of contents for such Act is amended by striking the items relating to subtitle C of title XLV. (g) Personnel matters (1) Appointment of certain personnel Section 4601(a) of such Act ( 50 U.S.C. 2701(a) (2) Whistleblower protection program Section 4602 of such Act ( 50 U.S.C. 2702 (A) in subsection ( l Public Law 101–512 Public Law 101–12; 103 Stat. 16 (B) by striking subsection (n). (3) Incentives for employees at closure project facilities (A) Repeal Section 4603 of such Act ( 50 U.S.C. 2703 (B) Clerical amendment The table of contents for such Act is amended by striking the item relating to section 4603. (4) Workforce restructuring place Section 4604 of such Act ( 50 U.S.C. 2704 (A) in subsection (c)(6)(A), by inserting ( 29 U.S.C. 2801 et seq. of 1998 (B) in subsection (f)(1), by striking the 236 H facility at Savannah River, South Carolina; and the Mound Laboratory, Ohio and the 236 H facility at Savannah River, South Carolina (5) Certificates of commendation Section 4605(b) of such Act ( 50 U.S.C. 2705(b) Cold War cold war (6) Executive management training Section 4621(b)(6) of such Act (50 U.S.C. 2721(b)(6)) is amended by striking environmental restoration and defense waste management defense environmental cleanup (7) Stockpile stewardship recruitment and training program Section 4622 of such Act ( 50 U.S.C. 2722 (A) in subsection (a), by striking Sandia Los Alamos National Laboratory national security laboratories (B) in subsections (b) and (c), by striking laboratories referred to in subsection (a)(1) national security laboratories (8) Fellowship program Section 4623(b) of such Act ( 50 U.S.C. 2723(b) either of who are (9) Worker protection Section 4641 of such Act ( 50 U.S.C. 2731 (10) Safety oversight and enforcement Section 4642 of such Act (50 U.S.C. 2732) is amended— (A) by striking (a) Safety at defense nuclear facilities (B) by striking subsection (b). (11) Monitoring workers exposed to hazardous and radioactive substances Section 4643 of such Act ( 50 U.S.C. 2733 (A) in subsection (a), by inserting of Energy Secretary (B) in subsection (b)— (i) in paragraph (2)(B)— (I) by inserting and Prevention Disease Control (II) by striking the semicolon at the end and inserting a period; (ii) in paragraph (3)(C), by inserting and Measurements Radiation Protection (iii) in paragraph (4)— (I) by striking paragraph (1)(D) paragraph (1)(B) (II) by striking paragraph (1)(E) paragraph (1) (iv) in paragraph (5), by striking paragraph (1)(E) paragraph (1) (12) Programs relating to exposure on Hanford Reservation Section 4644(c) of such Act ( 50 U.S.C. 2734(c) (A) by striking the Congress Congress (B) in paragraph (4), by inserting and Prevention Disease Control (13) Notification of nuclear criticality and non-nuclear incidents Section 4646(a) of such Act ( 50 U.S.C. 2736(a) Energy and Energy or (h) Budget and financial matters (1) Reprogramming Section 4702(c) of such Act ( 50 U.S.C. 2742(c) subsection (a) this subsection (2) Transfer of defense environmental cleanup funds Section 4710 of such Act (50 U.S.C. 2750) is amended— (A) in the section heading, by striking management cleanup (B) in subsection (a)— (i) in the subsection heading, by striking management cleanup (ii) by striking management cleanup (C) in subsection (e)— (i) in paragraph (1)— (I) by striking environmental restoration or waste management defense environmental cleanup (II) by striking environmental management environmental cleanup (ii) in paragraph (2)— (I) by striking environmental management environmental cleanup (II) by striking environmental restoration and waste management defense environmental cleanup (3) Transfer of weapons activities funds Section 4711(d) of such Act (50 U.S.C. 2751(d)) is amended by striking for Nuclear Security (4) Notification of cost overruns Section 4713(a)(3) of such Act (50 U.S.C. 2753(a)(3)) is amended— (A) in the paragraph heading, by striking management cleanup (B) in subparagraph (A), by striking management cleanup (5) Use of funds for penalties under environmental laws Section 4721(b)(2) of such Act ( 50 U.S.C. 2761(b)(2) the Congress Congress (6) Restriction on use of funds to pay certain penalties Section 4722 of such Act ( 50 U.S.C. 2762 (A) by inserting ; 94 Stat. 3197 Public Law 96–540 (B) by striking the Congress Congress (i) Administrative matters (1) Costs not allowed under covered contracts Section 4801(b)(1) of such Act ( 50 U.S.C. 2781(b)(1) section 22 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 418b section 1707 of title 41, United States Code (2) Contractor liability for certain injuries or loss of property Section 4803(b)(1) of such Act ( 50 U.S.C. 2783(b)(1) by the Act of March 9, 1920 ( 46 U.S.C. App. 741–752 46 U.S.C. App. 781–790 or by chapter 309 or 311 of title 46, United States Code (3) Use of funds for laboratory-directed research and development Section 4812 of such Act ( 50 U.S.C. 2792 (A) by striking subsection (b); (B) by striking General Limitations Limitation on use of weapons activities funds (C) by striking (2) (b) Limitation on use of certain other funds (D) in subsection (b), as redesignated by subparagraph (C)— (i) by striking environmental restoration, waste management, or nuclear materials and facilities stabilization defense environmental cleanup (ii) by striking environmental restoration mission, waste management mission, or materials stabilization mission, as the case may be, defense environmental cleanup mission (4) Report on laboratory-directed research and development funds (A) In general Section 4812A of such Act ( 50 U.S.C. 2793 (i) in the section heading, by striking Limitation Report (ii) by striking subsection (a); (iii) by striking (b) Annual report (a) Report required (iv) by striking (2) (b) Preparation of report (v) by striking (3) (c) Criteria used in preparation of report (B) Clerical amendment The table of contents for such Act is amended by striking the item relating to section 4812A and inserting the following new item: Sec. 4812A. Report on use of funds for certain research and development purposes. . (5) Critical technology partnerships Section 4813 of such Act ( 50 U.S.C. 2794 (A) in subsection (b), by striking for Nuclear Security (B) in subsection (c)— (i) in paragraph (1), by striking subparagraph (C) and inserting the following new subparagraph (C): (C) that is a defense critical technology (as defined in section 2500 ; and (ii) in paragraph (3)(B)(iii), by striking Governments governments (6) Certain transfers of real property Section 4831 of such Act (50 U.S.C. 2811), as amended by subsection (a)(2)(K), is further amended by striking Secretary of Energy Secretary (7) Engineering and manufacturing research, development, and demonstration (A) In general Section 4832 of such Act ( 50 U.S.C. 2812 plant managers of certain nuclear weapons production plants managers of certain nuclear weapons production facilities (B) Clerical amendment The table of contents for such Act is amended by striking the item relating to section 4832 and inserting the following new item: Sec. 4832. Engineering and manufacturing research, development, and demonstration by managers of certain nuclear weapons production facilities. . XXXII Defense Nuclear Facilities Safety Board 3201. Authorization There are authorized to be appropriated for fiscal year 2014, $29,915,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.). XXXV Maritime Administration 3501. Maritime Administration Section 109 of title 49, United States Code, is amended to read as follows: § 109. Maritime administration (a) Organization and mission The Maritime Administration is an administration in the Department of Transportation. The mission of the Maritime Administration is to foster, promote, and develop the merchant maritime industry of the United States. (b) Maritime administrator The head of the Maritime Administration is the Maritime Administrator, who is appointed by the President by and with the advice and consent of the Senate. The Administrator shall report directly to the Secretary of Transportation and carry out the duties prescribed by the Secretary. (c) Deputy maritime administrator The Maritime Administration shall have a Deputy Maritime Administrator, who is appointed in the competitive service by the Secretary, after consultation with the Administrator. The Deputy Administrator shall carry out the duties prescribed by the Administrator. The Deputy Administrator shall be Acting Administrator during the absence or disability of the Administrator and, unless the Secretary designates another individual, during a vacancy in the office of Administrator. (d) Duties and powers vested in secretary All duties and powers of the Maritime Administration are vested in the Secretary. (e) Regional offices The Maritime Administration shall have regional offices for the Atlantic, Gulf, Great Lakes, and Pacific port ranges, and may have other regional offices as necessary. The Secretary shall appoint a qualified individual as Director of each regional office. The Secretary shall carry out appropriate activities and programs of the Maritime Administration through the regional offices. (f) Interagency and industry relations The Secretary shall establish and maintain liaison with other agencies, and with representative trade organizations throughout the United States, concerned with the transportation of commodities by water in the export and import foreign commerce of the United States, for the purpose of securing preference to vessels of the United States for the transportation of those commodities. (g) Detailing officers from armed forces To assist the Secretary in carrying out duties and powers relating to the Maritime Administration, not more than five officers of the armed forces may be detailed to the Secretary at any one time, in addition to details authorized by any other law. During the period of a detail, the Secretary shall pay the officer an amount that, when added to the officer's pay and allowances as an officer in the armed forces, makes the officer's total pay and allowances equal to the amount that would be paid to an individual performing work the Secretary considers to be of similar importance, difficulty, and responsibility as that performed by the officer during the detail. (h) Contracts, cooperative agreements, and audits (1) Contracts and cooperative agreements In the same manner that a private corporation may make a contract within the scope of its authority under its charter, the Secretary may make contracts and cooperative agreements for the United States Government and disburse amounts to— (A) carry out the Secretary's duties and powers under this section, subtitle V of title 46, and all other Maritime Administration programs; and (B) protect, preserve, and improve collateral held by the Secretary to secure indebtedness. (2) Audits The financial transactions of the Secretary under paragraph (1) shall be audited by the Comptroller General. The Comptroller General shall allow credit for an expenditure shown to be necessary because of the nature of the business activities authorized by this section or subtitle V of title 46. At least once a year, the Comptroller General shall report to Congress any departure by the Secretary from this section or subtitle V of title 46. (i) Grant administrative expenses Except as otherwise provided by law, the administrative and related expenses for the administration of any grant programs by the Maritime Administrator may not exceed 3 percent. (j) Authorization of appropriations (1) In general Except as otherwise provided in this subsection, there are authorized to be appropriated such amounts as may be necessary to carry out the duties and powers of the Secretary relating to the Maritime Administration. (2) Limitations Only those amounts specifically authorized by law may be appropriated for the use of the Maritime Administration for— (A) acquisition, construction, or reconstruction of vessels; (B) construction-differential subsidies incident to the construction, reconstruction, or reconditioning of vessels; (C) costs of national defense features; (D) payments of obligations incurred for operating-differential subsidies; (E) expenses necessary for research and development activities, including reimbursement of the Vessel Operations Revolving Fund for losses resulting from expenses of experimental vessel operations; (F) the Vessel Operations Revolving Fund; (G) National Defense Reserve Fleet expenses; (H) expenses necessary to carry out part B of subtitle V of title 46; and (I) other operations and training expenses related to the development of waterborne transportation systems, the use of waterborne transportation systems, and general administration. (3) Training vessels Amounts may not be appropriated for the purchase or construction of training vessels for State maritime academies unless the Secretary has approved a plan for sharing training vessels between State maritime academies. . D Funding Tables 4001. Authorization of amounts in funding tables (a) In general Whenever a funding table in this division specifies a dollar amount authorized for a project, program, or activity, the obligation and expenditure of the specified dollar amount for the project, program, or activity is hereby authorized, subject to the availability of appropriations. (b) Merit-based decisions A decision to commit, obligate, or expend funds with or to a specific entity on the basis of a dollar amount authorized pursuant to subsection (a) shall— (1) be based on merit-based selection procedures in accordance with the requirements of sections 2304(k) 2374 (2) comply with other applicable provisions of law. (c) Relationship to transfer and programming authority An amount specified in the funding tables in this division may be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. The transfer or reprogramming of an amount specified in such funding tables shall not count against a ceiling on such transfers or reprogrammings under section 1001 or section 1522 of this Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts. (d) Applicability to classified annex This section applies to any classified annex that accompanies this Act. (e) Oral and written communications No oral or written communication concerning any amount specified in the funding tables in this division shall supersede the requirements of this section. XLI PROCUREMENT 4101. PROCUREMENT SEC. 4101. PROCUREMENT Line Item FY 2014 Senate AIRCRAFT PROCUREMENT, ARMY FIXED WING 01 UTILITY F/W AIRCRAFT 19,730 19,730 03 AERIAL COMMON SENSOR (ACS) (MIP) 142,050 142,050 Reduction of 4 EMARSS LRIP aircraft [–114,700] Modification of transferred Liberty A/C [114,700] 04 MQ–1 UAV 518,460 518,460 05 RQ–11 (RAVEN) 10,772 10,772 ROTARY 06 HELICOPTER, LIGHT UTILITY (LUH) 96,227 96,227 07 AH–64 APACHE BLOCK IIIA REMAN 608,469 608,469 08 AH–64 APACHE BLOCK IIIA REMAN ADV PROC (CY) 150,931 150,931 12 UH–60 BLACKHAWK M MODEL (MYP) 1,046,976 1,026,992 Transfer to PE 0203774A at Army request [–19,984] 12 UH–60 BLACKHAWK M MODEL (MYP) 116,001 116,001 14 CH–47 HELICOPTER 801,650 801,650 15 CH–47 HELICOPTER ADV PROC (CY) 98,376 98,376 MODIFICATION OF AIRCRAFT 16 MQ–1 PAYLOAD—UAS 97,781 97,781 17 GUARDRAIL MODS (MIP) 10,262 10,262 18 MULTI SENSOR ABN RECON (MIP) 12,467 12,467 19 AH–64 MODS 53,559 53,559 20 CH–47 CARGO HELICOPTER MODS (MYP) 149,764 149,764 21 UTILITY/CARGO AIRPLANE MODS 17,500 17,500 22 UTILITY HELICOPTER MODS 74,095 74,095 23 KIOWA MODS WARRIOR 184,044 184,044 24 NETWORK AND MISSION PLAN 152,569 152,569 25 COMMS, NAV SURVEILLANCE 92,779 92,779 26 GATM ROLLUP 65,613 65,613 27 RQ–7 UAV MODS 121,902 121,902 GROUND SUPPORT AVIONICS 28 AIRCRAFT SURVIVABILITY EQUIPMENT 47,610 47,610 29 SURVIVABILITY CM 5,700 5,700 30 CMWS 126,869 126,869 OTHER SUPPORT 31 AVIONICS SUPPORT EQUIPMENT 6,809 6,809 32 COMMON GROUND EQUIPMENT 65,397 65,397 33 AIRCREW INTEGRATED SYSTEMS 45,841 45,841 34 AIR TRAFFIC CONTROL 79,692 79,692 35 INDUSTRIAL FACILITIES 1,615 1,615 36 LAUNCHER, 2.75 ROCKET 2,877 2,877 AIRCRAFT PROCUREMENT, ARMY Total 5,024,387 5,004,403 MISSILE PROCUREMENT, ARMY SURFACE-TO-AIR MISSILE SYSTEM 02 MSE MISSILE 540,401 540,401 AIR-TO-SURFACE MISSILE SYSTEM 03 HELLFIRE SYS SUMMARY 4,464 4,464 ANTI-TANK/ASSAULT MISSILE SYS 04 JAVELIN (AAWS-M) SYSTEM SUMMARY 110,510 110,510 05 TOW 2 SYSTEM SUMMARY 49,354 49,354 06 TOW 2 SYSTEM SUMMARY ADV PROC (CY) 19,965 19,965 07 GUIDED MLRS ROCKET (GMLRS) 237,216 237,216 08 MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) 19,022 19,022 MODIFICATIONS 11 PATRIOT MODS 256,438 256,438 12 STINGER MODS 37,252 37,252 13 ITAS/TOW MODS 20,000 20,000 14 MLRS MODS 11,571 11,571 15 HIMARS MODIFICATIONS 6,105 6,105 SPARES AND REPAIR PARTS 16 SPARES AND REPAIR PARTS 11,222 11,222 SUPPORT EQUIPMENT & FACILITIES 17 AIR DEFENSE TARGETS 3,530 3,530 18 ITEMS LESS THAN $5.0M (MISSILES) 1,748 1,748 19 PRODUCTION BASE SUPPORT 5,285 5,285 MISSILE PROCUREMENT, ARMY Total 1,334,083 1,334,083 PROCUREMENT OF W&TCV, ARMY TRACKED COMBAT VEHICLES 01 STRYKER VEHICLE 374,100 374,100 MODIFICATION OF TRACKED COMBAT VEHICLES 02 STRYKER (MOD) 20,522 20,522 03 FIST VEHICLE (MOD) 29,965 29,965 04 BRADLEY PROGRAM (MOD) 158,000 158,000 05 HOWITZER, MED SP FT 155MM M109A6 (MOD) 4,769 4,769 06 PALADIN INTEGRATED MANAGEMENT (PIM) 260,177 219,477 Transfer to PE 0604854A at Army Request [–40,700] 07 IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) 111,031 111,031 08 ASSAULT BRIDGE (MOD) 2,500 2,500 09 ASSAULT BREACHER VEHICLE 62,951 62,951 10 M88 FOV MODS 28,469 28,469 11 JOINT ASSAULT BRIDGE 2,002 2,002 12 M1 ABRAMS TANK (MOD) 178,100 178,100 SUPPORT EQUIPMENT & FACILITIES 14 PRODUCTION BASE SUPPORT (TCV-WTCV) 1,544 1,544 WEAPONS & OTHER COMBAT VEHICLES 15 INTEGRATED AIR BURST WEAPON SYSTEM FAMILY 69,147 0 XM25 Counter Defilade Target Engagement [–69,147] 18 MORTAR SYSTEMS 5,310 5,310 19 XM320 GRENADE LAUNCHER MODULE (GLM) 24,049 24,049 21 CARBINE 70,846 21,254 Individual Carbine early to need [–49,592] 23 COMMON REMOTELY OPERATED WEAPONS STATION 56,580 56,580 24 HANDGUN 300 300 MOD OF WEAPONS AND OTHER COMBAT VEH 26 M777 MODS 39,300 39,300 27 M4 CARBINE MODS 10,300 10,300 28 M2 50 CAL MACHINE GUN MODS 33,691 33,691 29 M249 SAW MACHINE GUN MODS 7,608 7,608 30 M240 MEDIUM MACHINE GUN MODS 2,719 2,719 31 SNIPER RIFLES MODIFICATIONS 7,017 7,017 32 M119 MODIFICATIONS 18,707 18,707 33 M16 RIFLE MODS 2,136 2,136 34 MODIFICATIONS LESS THAN $5.0M (WOCV-WTCV) 1,569 1,569 SUPPORT EQUIPMENT & FACILITIES 35 ITEMS LESS THAN $5.0M (WOCV-WTCV) 2,024 2,024 36 PRODUCTION BASE SUPPORT (WOCV-WTCV) 10,108 10,108 37 INDUSTRIAL PREPAREDNESS 459 459 38 SMALL ARMS EQUIPMENT (SOLDIER ENH PROG) 1,267 1,267 PROCUREMENT OF W&TCV, ARMY Total 1,597,267 1,437,828 PROCUREMENT OF AMMUNITION, ARMY SMALL/MEDIUM CAL AMMUNITION 2 CTG, 5.56MM, ALL TYPES 112,167 87,167 Program decrease [–25,000] 3 CTG, 7.62MM, ALL TYPES 58,571 53,571 Program decrease [–5,000] 4 CTG, HANDGUN, ALL TYPES 9,858 9,858 5 CTG, .50 CAL, ALL TYPES 80,037 55,037 Program decrease [–25,000] 7 CTG, 25MM, ALL TYPES 16,496 6,196 Program decrease [–10,300] 8 CTG, 30MM, ALL TYPES 69,533 50,033 Program decrease [–19,500] 9 CTG, 40MM, ALL TYPES 55,781 55,781 MORTAR AMMUNITION 10 60MM MORTAR, ALL TYPES 38,029 38,029 11 81MM MORTAR, ALL TYPES 24,656 24,656 12 120MM MORTAR, ALL TYPES 60,781 60,781 TANK AMMUNITION 13 CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES 121,551 121,551 ARTILLERY AMMUNITION 14 ARTILLERY CARTRIDGES, 75MM & 105MM, ALL TYPES 39,825 39,825 15 ARTILLERY PROJECTILE, 155MM, ALL TYPES 37,902 37,902 16 PROJ 155MM EXTENDED RANGE M982 67,896 67,896 17 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL 71,205 71,205 ROCKETS 20 SHOULDER LAUNCHED MUNITIONS, ALL TYPES 1,012 1,012 21 ROCKET, HYDRA 70, ALL TYPES 108,476 108,476 OTHER AMMUNITION 22 DEMOLITION MUNITIONS, ALL TYPES 24,074 24,074 23 GRENADES, ALL TYPES 33,242 33,242 24 SIGNALS, ALL TYPES 7,609 7,609 25 SIMULATORS, ALL TYPES 5,228 5,228 MISCELLANEOUS 26 AMMO COMPONENTS, ALL TYPES 16,700 16,700 27 NON-LETHAL AMMUNITION, ALL TYPES 7,366 7,366 28 CAD/PAD ALL TYPES 3,614 3,614 29 ITEMS LESS THAN $5 MILLION (AMMO) 12,423 12,423 30 AMMUNITION PECULIAR EQUIPMENT 16,604 16,604 31 FIRST DESTINATION TRANSPORTATION (AMMO) 14,328 14,328 32 CLOSEOUT LIABILITIES 108 108 PRODUCTION BASE SUPPORT 33 PROVISION OF INDUSTRIAL FACILITIES 242,324 242,324 34 CONVENTIONAL MUNITIONS DEMILITARIZATION 179,605 179,605 35 ARMS INITIATIVE 3,436 3,436 PROCUREMENT OF AMMUNITION, ARMY Total 1,540,437 1,455,637 OTHER PROCUREMENT, ARMY TACTICAL VEHICLES 1 TACTICAL TRAILERS/DOLLY SETS 4,000 4,000 2 SEMITRAILERS, FLATBED: 6,841 6,841 3 FAMILY OF MEDIUM TACTICAL VEH (FMTV) 223,910 223,910 4 FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP 11,880 11,880 5 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) 14,731 14,731 6 PLS ESP 44,252 44,252 9 HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV 39,525 39,525 11 TACTICAL WHEELED VEHICLE PROTECTION KITS 51,258 51,258 12 MODIFICATION OF IN SVC EQUIP 49,904 49,904 13 MINE-RESISTANT AMBUSH-PROTECTED (MRAP) MODS 2,200 2,200 NON-TACTICAL VEHICLES 14 HEAVY ARMORED SEDAN 400 400 15 PASSENGER CARRYING VEHICLES 716 716 16 NONTACTICAL VEHICLES, OTHER 5,619 5,619 COMM—JOINT COMMUNICATIONS 18 WIN-T—GROUND FORCES TACTICAL NETWORK 973,477 973,477 19 SIGNAL MODERNIZATION PROGRAM 14,120 14,120 20 JOINT INCIDENT SITE COMMUNICATIONS CAPABILITY 7,869 7,869 21 JCSE EQUIPMENT (USREDCOM) 5,296 5,296 COMM—SATELLITE COMMUNICATIONS 22 DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS 147,212 147,212 23 TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS 7,998 7,998 24 SHF TERM 7,232 7,232 25 NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE) 3,308 3,308 26 SMART-T (SPACE) 13,992 13,992 28 GLOBAL BRDCST SVC—GBS 28,206 28,206 29 MOD OF IN-SVC EQUIP (TAC SAT) 2,778 2,778 COMM—C3 SYSTEM 31 ARMY GLOBAL CMD & CONTROL SYS (AGCCS) 17,590 17,590 COMM—COMBAT COMMUNICATIONS 32 ARMY DATA DISTRIBUTION SYSTEM (DATA RADIO) 786 786 33 JOINT TACTICAL RADIO SYSTEM 382,930 382,930 34 MID-TIER NETWORKING VEHICULAR RADIO (MNVR) 19,200 19,200 35 RADIO TERMINAL SET, MIDS LVT(2) 1,438 1,438 36 SINCGARS FAMILY 9,856 9,856 37 AMC CRITICAL ITEMS—OPA2 14,184 14,184 38 TRACTOR DESK 6,271 6,271 40 SOLDIER ENHANCEMENT PROGRAM COMM/ELECTRONICS 1,030 1,030 41 TACTICAL COMMUNICATIONS AND PROTECTIVE SYSTEM 31,868 31,868 42 UNIFIED COMMAND SUITE 18,000 18,000 44 RADIO, IMPROVED HF (COTS) FAMILY 1,166 1,166 45 FAMILY OF MED COMM FOR COMBAT CASUALTY CARE 22,867 22,867 COMM—INTELLIGENCE COMM 48 CI AUTOMATION ARCHITECTURE 1,512 1,512 49 ARMY CA/MISO GPF EQUIPMENT 61,096 61,096 INFORMATION SECURITY 50 TSEC—ARMY KEY MGT SYS (AKMS) 13,890 13,890 51 INFORMATION SYSTEM SECURITY PROGRAM-ISSP 23,245 23,245 52 BIOMETRICS ENTERPRISE 3,800 3,800 53 COMMUNICATIONS SECURITY (COMSEC) 24,711 24,711 COMM—LONG HAUL COMMUNICATIONS 55 BASE SUPPORT COMMUNICATIONS 43,395 43,395 COMM—BASE COMMUNICATIONS 57 INFORMATION SYSTEMS 104,577 104,577 58 DEFENSE MESSAGE SYSTEM (DMS) 612 612 59 EMERGENCY MANAGEMENT MODERNIZATION PROGRAM 39,000 39,000 60 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM 248,477 248,477 ELECT EQUIP—TACT INT REL ACT (TIARA) 64 JTT/CIBS-M 824 824 65 PROPHET GROUND 59,198 59,198 67 DCGS-A (MIP) 267,214 267,214 68 JOINT TACTICAL GROUND STATION (JTAGS) 9,899 9,899 69 TROJAN (MIP) 24,598 24,598 70 MOD OF IN-SVC EQUIP (INTEL SPT) (MIP) 1,927 1,927 71 CI HUMINT AUTO REPRTING AND COLL(CHARCS) 6,169 6,169 72 MACHINE FOREIGN LANGUAGE TRANSLATION SYSTEM-M 2,924 2,924 ELECT EQUIP—ELECTRONIC WARFARE (EW) 74 LIGHTWEIGHT COUNTER MORTAR RADAR 40,735 40,735 75 EW PLANNING & MANAGEMENT TOOLS (EWPMT) 13 13 76 ENEMY UAS 2,800 2,800 79 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES 1,237 1,237 80 CI MODERNIZATION 1,399 1,399 ELECT EQUIP—TACTICAL SURV. (TAC SURV) 82 SENTINEL MODS 47,983 47,983 83 SENSE THROUGH THE WALL (STTW) 142 142 84 NIGHT VISION DEVICES 202,428 202,428 85 LONG RANGE ADVANCED SCOUT SURVEILLANCE SYSTEM 5,183 5,183 86 NIGHT VISION, THERMAL WPN SIGHT 14,074 14,074 87 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF 22,300 22,300 89 GREEN LASER INTERDICTION SYSTEM (GLIS) 1,016 1,016 90 INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS 55,354 55,354 91 ARTILLERY ACCURACY EQUIP 800 800 92 PROFILER 3,027 3,027 93 MOD OF IN-SVC EQUIP (FIREFINDER RADARS) 1,185 1,185 94 JOINT BATTLE COMMAND—PLATFORM (JBC-P) 103,214 103,214 96 MOD OF IN-SVC EQUIP (LLDR) 26,037 26,037 97 MORTAR FIRE CONTROL SYSTEM 23,100 23,100 98 COUNTERFIRE RADARS 312,727 312,727 ELECT EQUIP—TACTICAL C2 SYSTEMS 101 FIRE SUPPORT C2 FAMILY 43,228 43,228 102 BATTLE COMMAND SUSTAINMENT SUPPORT SYSTEM 14,446 14,446 103 FAAD C2 4,607 4,607 104 AIR & MSL DEFENSE PLANNING & CONTROL SYS 33,090 33,090 105 IAMD BATTLE COMMAND SYSTEM 21,200 21,200 107 LIFE CYCLE SOFTWARE SUPPORT (LCSS) 1,795 1,795 109 NETWORK MANAGEMENT INITIALIZATION AND SERVICE 54,327 54,327 110 MANEUVER CONTROL SYSTEM (MCS) 59,171 59,171 111 GLOBAL COMBAT SUPPORT SYSTEM-ARMY (GCSS-A) 83,936 83,936 113 LOGISTICS AUTOMATION 25,476 25,476 114 RECONNAISSANCE AND SURVEYING INSTRUMENT SET 19,341 19,341 ELECT EQUIP—AUTOMATION 115 ARMY TRAINING MODERNIZATION 11,865 11,865 116 AUTOMATED DATA PROCESSING EQUIP 219,431 219,431 117 GENERAL FUND ENTERPRISE BUSINESS SYSTEMS FAM 6,414 6,414 118 HIGH PERF COMPUTING MOD PGM (HPCMP) 62,683 62,683 120 RESERVE COMPONENT AUTOMATION SYS (RCAS) 34,951 34,951 121 ITEMS LESS THAN $5.0M (A/V) 7,440 7,440 122 ITEMS LESS THAN $5M (SURVEYING EQUIPMENT) 1,615 1,615 123 PRODUCTION BASE SUPPORT (C-E) 554 554 124 BCT EMERGING TECHNOLOGIES 20,000 20,000 CLASSIFIED PROGRAMS 124A CLASSIFIED PROGRAMS 3,558 3,558 CHEMICAL DEFENSIVE EQUIPMENT 126 FAMILY OF NON-LETHAL EQUIPMENT (FNLE) 762 762 127 BASE DEFENSE SYSTEMS (BDS) 20,630 20,630 128 CBRN DEFENSE 22,151 22,151 BRIDGING EQUIPMENT 130 TACTICAL BRIDGING 14,188 14,188 131 TACTICAL BRIDGE, FLOAT-RIBBON 23,101 23,101 132 COMMON BRIDGE TRANSPORTER (CBT) RECAP 15,416 15,416 ENGINEER (NON-CONSTRUCTION) EQUIPMENT 134 GRND STANDOFF MINE DETECTN SYSM (GSTAMIDS) 50,465 50,465 135 ROBOTIC COMBAT SUPPORT SYSTEM (RCSS) 6,490 6,490 136 EOD ROBOTICS SYSTEMS RECAPITALIZATION 1,563 1,563 137 EXPLOSIVE ORDNANCE DISPOSAL EQPMT (EOD EQPMT) 20,921 20,921 138 REMOTE DEMOLITION SYSTEMS 100 100 139 < $5M, COUNTERMINE EQUIPMENT 2,271 2,271 COMBAT SERVICE SUPPORT EQUIPMENT 140 HEATERS AND ECU'S 7,269 7,269 141 LAUNDRIES, SHOWERS AND LATRINES 200 200 142 SOLDIER ENHANCEMENT 1,468 1,468 143 PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) 26,526 26,526 144 GROUND SOLDIER SYSTEM 81,680 81,680 147 FIELD FEEDING EQUIPMENT 28,096 28,096 148 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM 56,150 56,150 149 MORTUARY AFFAIRS SYSTEMS 3,242 3,242 150 FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS 38,141 38,141 151 ITEMS LESS THAN $5M (ENG SPT) 5,859 5,859 PETROLEUM EQUIPMENT 152 DISTRIBUTION SYSTEMS, PETROLEUM & WATER 60,612 60,612 MEDICAL EQUIPMENT 153 COMBAT SUPPORT MEDICAL 22,042 22,042 154 MEDEVAC MISSON EQUIPMENT PACKAGE (MEP) 35,318 35,318 MAINTENANCE EQUIPMENT 155 MOBILE MAINTENANCE EQUIPMENT SYSTEMS 19,427 19,427 156 ITEMS LESS THAN $5.0M (MAINT EQ) 3,860 3,860 CONSTRUCTION EQUIPMENT 157 GRADER, ROAD MTZD, HVY, 6X4 (CCE) 2,000 2,000 159 SCRAPERS, EARTHMOVING 36,078 36,078 160 MISSION MODULES—ENGINEERING 9,721 9,721 162 HYDRAULIC EXCAVATOR 50,122 50,122 163 TRACTOR, FULL TRACKED 28,828 28,828 164 ALL TERRAIN CRANES 19,863 19,863 166 HIGH MOBILITY ENGINEER EXCAVATOR (HMEE) 23,465 23,465 168 ENHANCED RAPID AIRFIELD CONSTRUCTION CAPAP 13,590 13,590 169 CONST EQUIP ESP 16,088 16,088 170 ITEMS LESS THAN $5.0M (CONST EQUIP) 6,850 6,850 RAIL FLOAT CONTAINERIZATION EQUIPMENT 171 ARMY WATERCRAFT ESP 38,007 38,007 172 ITEMS LESS THAN $5.0M (FLOAT/RAIL) 10,605 10,605 GENERATORS 173 GENERATORS AND ASSOCIATED EQUIP 129,437 129,437 MATERIAL HANDLING EQUIPMENT 174 ROUGH TERRAIN CONTAINER HANDLER (RTCH) 1,250 1,250 175 FAMILY OF FORKLIFTS 8,260 8,260 TRAINING EQUIPMENT 176 COMBAT TRAINING CENTERS SUPPORT 121,710 121,710 177 TRAINING DEVICES, NONSYSTEM 225,200 225,200 178 CLOSE COMBAT TACTICAL TRAINER 30,063 30,063 179 AVIATION COMBINED ARMS TACTICAL TRAINER 34,913 34,913 180 GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING 9,955 9,955 TEST MEASURE AND DIG EQUIPMENT (TMD) 181 CALIBRATION SETS EQUIPMENT 8,241 8,241 182 INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) 67,506 67,506 183 TEST EQUIPMENT MODERNIZATION (TEMOD) 18,755 18,755 OTHER SUPPORT EQUIPMENT 184 M25 STABILIZED BINOCULAR 5,110 5,110 185 RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT 5,110 5,110 186 PHYSICAL SECURITY SYSTEMS (OPA3) 62,904 62,904 187 BASE LEVEL COMMON EQUIPMENT 1,427 1,427 188 MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) 96,661 96,661 189 PRODUCTION BASE SUPPORT (OTH) 2,450 2,450 190 SPECIAL EQUIPMENT FOR USER TESTING 11,593 11,593 191 AMC CRITICAL ITEMS OPA3 8,948 8,948 192 TRACTOR YARD 8,000 8,000 OPA2 195 INITIAL SPARES—C&E 59,700 59,700 OTHER PROCUREMENT, ARMY Total 6,465,218 6,465,218 AIRCRAFT PROCUREMENT, NAVY COMBAT AIRCRAFT 1 EA–18G 2,001,787 2,001,787 3 F/A–18E/F (FIGHTER) HORNET 206,551 206,551 5 JOINT STRIKE FIGHTER CV 1,135,444 1,135,444 6 JOINT STRIKE FIGHTER CV—ADV PROC (CY) 94,766 94,766 7 JSF STOVL 1,267,260 1,267,260 8 JSF STOVL—ADV PROC (CY) 103,195 103,195 9 V–22 (MEDIUM LIFT) 1,432,573 1,432,573 10 V–22 (MEDIUM LIFT)—ADV PROC (CY) 55,196 55,196 11 H–1 UPGRADES (UH–1Y/AH–1Z) 749,962 749,962 12 H–1 UPGRADES (UH–1Y/AH–1Z)—ADV PROC (CY) 71,000 71,000 13 MH–60S (MYP) 383,831 383,831 14 MH–60S (MYP)—ADV PROC (CY) 37,278 37,278 15 MH–60R (MYP) 599,237 599,237 16 MH–60R (MYP)—ADV PROC (CY) 231,834 231,834 17 P–8A POSEIDON 3,189,989 3,189,989 18 P–8A POSEIDON—ADV PROC (CY) 313,160 313,160 19 E–2D ADV HAWKEYE 997,107 997,107 20 E–2D ADV HAWKEYE—ADV PROC (CY) 266,542 266,542 TRAINER AIRCRAFT 21 JPATS 249,080 249,080 OTHER AIRCRAFT 22 KC–130J 134,358 134,358 23 KC–130J—ADV PROC (CY) 32,288 32,288 25 RQ–4 UAV—ADV PROC (CY) 52,002 52,002 26 MQ–8 UAV 60,980 60,980 28 OTHER SUPPORT AIRCRAFT 14,958 14,958 MODIFICATION OF AIRCRAFT 29 EA–6 SERIES 18,577 18,577 30 AEA SYSTEMS 48,502 48,502 31 AV–8 SERIES 41,575 41,575 32 ADVERSARY 2,992 2,992 33 F–18 SERIES 875,371 875,371 34 H–46 SERIES 2,127 2,127 36 H–53 SERIES 67,675 67,675 37 SH–60 SERIES 135,054 135,054 38 H–1 SERIES 41,706 41,706 39 EP–3 SERIES 55,903 77,903 12th aircraft to Spiral 3 [8,000] Sensor obsolescence [14,000] 40 P–3 SERIES 37,436 37,436 41 E–2 SERIES 31,044 31,044 42 TRAINER A/C SERIES 43,720 43,720 43 C–2A 902 902 44 C–130 SERIES 47,587 47,587 45 FEWSG 665 665 46 CARGO/TRANSPORT A/C SERIES 14,587 14,587 47 E–6 SERIES 189,312 189,312 48 EXECUTIVE HELICOPTERS SERIES 85,537 85,537 49 SPECIAL PROJECT AIRCRAFT 3,684 13,684 Program office sustainment [5,000] Sensor obsolescence [5,000] 50 T–45 SERIES 98,128 98,128 51 POWER PLANT CHANGES 22,999 22,999 52 JPATS SERIES 1,576 1,576 53 AVIATION LIFE SUPPORT MODS 6,267 6,267 54 COMMON ECM EQUIPMENT 141,685 141,685 55 COMMON AVIONICS CHANGES 120,660 120,660 56 COMMON DEFENSIVE WEAPON SYSTEM 3,554 3,554 57 ID SYSTEMS 41,800 41,800 58 P–8 SERIES 9,485 9,485 59 MAGTF EW FOR AVIATION 14,431 14,431 60 MQ–8 SERIES 1,001 1,001 61 RQ–7 SERIES 26,433 26,433 62 V–22 (TILT/ROTOR ACFT) OSPREY 160,834 160,834 63 F–35 STOVL SERIES 147,130 147,130 64 F–35 CV SERIES 31,100 31,100 AIRCRAFT SPARES AND REPAIR PARTS 65 SPARES AND REPAIR PARTS 1,142,461 1,142,461 66 COMMON GROUND EQUIPMENT 410,044 410,044 67 AIRCRAFT INDUSTRIAL FACILITIES 27,450 27,450 68 WAR CONSUMABLES 28,930 28,930 69 OTHER PRODUCTION CHARGES 5,268 5,268 70 SPECIAL SUPPORT EQUIPMENT 60,306 60,306 71 FIRST DESTINATION TRANSPORTATION 1,775 1,775 AIRCRAFT PROCUREMENT, NAVY Total 17,927,651 17,959,651 WEAPONS PROCUREMENT, NAVY MODIFICATION OF MISSILES 1 TRIDENT II MODS 1,140,865 1,140,865 SUPPORT EQUIPMENT & FACILITIES 2 MISSILE INDUSTRIAL FACILITIES 7,617 7,617 STRATEGIC MISSILES 3 TOMAHAWK 312,456 312,456 TACTICAL MISSILES 4 AMRAAM 95,413 95,413 5 SIDEWINDER 117,208 117,208 6 JSOW 136,794 136,794 7 STANDARD MISSILE 367,985 367,985 8 RAM 67,596 67,596 9 HELLFIRE 33,916 33,916 11 STAND OFF PRECISION GUIDED MUNITIONS (SOPGM) 6,278 6,278 12 AERIAL TARGETS 41,799 41,799 13 OTHER MISSILE SUPPORT 3,538 3,538 MODIFICATION OF MISSILES 14 ESSM 76,749 76,749 15 HARM MODS 111,902 111,902 SUPPORT EQUIPMENT & FACILITIES 16 WEAPONS INDUSTRIAL FACILITIES 1,138 1,138 17 FLEET SATELLITE COMM FOLLOW-ON 23,014 23,014 ORDNANCE SUPPORT EQUIPMENT 18 ORDNANCE SUPPORT EQUIPMENT 84,318 84,318 TORPEDOES AND RELATED EQUIP 19 SSTD 3,978 3,978 20 ASW TARGETS 8,031 8,031 MOD OF TORPEDOES AND RELATED EQUIP 21 MK–54 TORPEDO MODS 125,898 125,898 22 MK–48 TORPEDO ADCAP MODS 53,203 53,203 23 QUICKSTRIKE MINE 7,800 7,800 SUPPORT EQUIPMENT 24 TORPEDO SUPPORT EQUIPMENT 59,730 59,730 25 ASW RANGE SUPPORT 4,222 4,222 DESTINATION TRANSPORTATION 26 FIRST DESTINATION TRANSPORTATION 3,963 3,963 GUNS AND GUN MOUNTS 27 SMALL ARMS AND WEAPONS 12,513 12,513 MODIFICATION OF GUNS AND GUN MOUNTS 28 CIWS MODS 56,308 62,708 Additional RMA kits [6,400] 29 COAST GUARD WEAPONS 10,727 10,727 30 GUN MOUNT MODS 72,901 72,901 31 CRUISER MODERNIZATION WEAPONS 1,943 1,943 32 AIRBORNE MINE NEUTRALIZATION SYSTEMS 19,758 19,758 SPARES AND REPAIR PARTS 34 SPARES AND REPAIR PARTS 52,632 52,632 WEAPONS PROCUREMENT, NAVY Total 3,122,193 3,128,593 PROCUREMENT OF AMMO, NAVY & MC NAVY AMMUNITION 1 GENERAL PURPOSE BOMBS 37,703 37,703 2 AIRBORNE ROCKETS, ALL TYPES 65,411 65,411 3 MACHINE GUN AMMUNITION 20,284 20,284 4 PRACTICE BOMBS 37,870 37,870 5 CARTRIDGES & CART ACTUATED DEVICES 53,764 53,764 6 AIR EXPENDABLE COUNTERMEASURES 67,194 67,194 7 JATOS 2,749 2,749 8 LRLAP 6" LONG RANGE ATTACK PROJECTILE 3,906 3,906 9 5 INCH/54 GUN AMMUNITION 24,151 24,151 10 INTERMEDIATE CALIBER GUN AMMUNITION 33,080 33,080 11 OTHER SHIP GUN AMMUNITION 40,398 40,398 12 SMALL ARMS & LANDING PARTY AMMO 61,219 61,219 13 PYROTECHNIC AND DEMOLITION 10,637 10,637 14 AMMUNITION LESS THAN $5 MILLION 4,578 4,578 MARINE CORPS AMMUNITION 15 SMALL ARMS AMMUNITION 26,297 26,297 16 LINEAR CHARGES, ALL TYPES 6,088 6,088 17 40 MM, ALL TYPES 7,644 7,644 18 60MM, ALL TYPES 3,349 3,349 20 120MM, ALL TYPES 13,361 13,361 22 GRENADES, ALL TYPES 2,149 2,149 23 ROCKETS, ALL TYPES 27,465 27,465 26 FUZE, ALL TYPES 26,366 26,366 28 AMMO MODERNIZATION 8,403 8,403 29 ITEMS LESS THAN $5 MILLION 5,201 5,201 PROCUREMENT OF AMMO, NAVY & MC Total 589,267 589,267 SHIPBUILDING AND CONVERSION, NAVY OTHER WARSHIPS 1 CARRIER REPLACEMENT PROGRAM 944,866 944,866 3 VIRGINIA CLASS SUBMARINE 2,930,704 2,930,704 4 VIRGINIA CLASS SUBMARINE ADV PROC (CY) 2,354,612 2,354,612 5 CVN REFUELING OVERHAULS 1,705,424 1,705,424 6 CVN REFUELING OVERHAULS ADV PROC (CY) 245,793 245,793 7 DDG 1000 231,694 231,694 8 DDG–51 1,615,564 1,615,564 9 DDG–51 ADV PROC (CY) 388,551 388,551 10 LITTORAL COMBAT SHIP 1,793,014 1,793,014 AMPHIBIOUS SHIPS 12 AFLOAT FORWARD STAGING BASE 524,000 579,300 Navy requested adjustment [55,300] 14 JOINT HIGH SPEED VESSEL 2,732 2,732 AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST 16 MOORED TRAINING SHIP 183,900 183,900 17 OUTFITTING 450,163 450,163 19 LCAC SLEP 80,987 80,987 20 COMPLETION OF PY SHIPBUILDING PROGRAMS 625,800 725,800 Help buy 3rd DDG–51 in FY 13 [100,000] SHIPBUILDING AND CONVERSION, NAVY Total 14,077,804 14,233,104 OTHER PROCUREMENT, NAVY SHIP PROPULSION EQUIPMENT 1 LM–2500 GAS TURBINE 10,180 10,180 2 ALLISON 501K GAS TURBINE 5,536 5,536 3 HYBRID ELECTRIC DRIVE (HED) 16,956 16,956 GENERATORS 4 SURFACE COMBATANT HM&E 19,782 19,782 NAVIGATION EQUIPMENT 5 OTHER NAVIGATION EQUIPMENT 39,509 39,509 PERISCOPES 6 SUB PERISCOPES & IMAGING EQUIP 52,515 52,515 OTHER SHIPBOARD EQUIPMENT 7 DDG MOD 285,994 285,994 8 FIREFIGHTING EQUIPMENT 14,389 14,389 9 COMMAND AND CONTROL SWITCHBOARD 2,436 2,436 10 LHA/LHD MIDLIFE 12,700 12,700 11 LCC 19/20 EXTENDED SERVICE LIFE PROGRAM 40,329 40,329 12 POLLUTION CONTROL EQUIPMENT 19,603 19,603 13 SUBMARINE SUPPORT EQUIPMENT 8,678 8,678 14 VIRGINIA CLASS SUPPORT EQUIPMENT 74,209 74,209 15 LCS CLASS SUPPORT EQUIPMENT 47,078 47,078 16 SUBMARINE BATTERIES 37,000 37,000 17 LPD CLASS SUPPORT EQUIPMENT 25,053 25,053 18 STRATEGIC PLATFORM SUPPORT EQUIP 12,986 12,986 19 DSSP EQUIPMENT 2,455 2,455 20 CG MODERNIZATION 10,539 10,539 21 LCAC 14,431 14,431 22 UNDERWATER EOD PROGRAMS 36,700 36,700 23 ITEMS LESS THAN $5 MILLION 119,902 119,902 24 CHEMICAL WARFARE DETECTORS 3,678 3,678 25 SUBMARINE LIFE SUPPORT SYSTEM 8,292 8,292 REACTOR PLANT EQUIPMENT 27 REACTOR COMPONENTS 286,744 286,744 OCEAN ENGINEERING 28 DIVING AND SALVAGE EQUIPMENT 8,780 8,780 SMALL BOATS 29 STANDARD BOATS 36,452 36,452 TRAINING EQUIPMENT 30 OTHER SHIPS TRAINING EQUIPMENT 36,145 36,145 PRODUCTION FACILITIES EQUIPMENT 31 OPERATING FORCES IPE 69,368 69,368 OTHER SHIP SUPPORT 32 NUCLEAR ALTERATIONS 106,328 106,328 33 LCS COMMON MISSION MODULES EQUIPMENT 45,966 45,966 34 LCS MCM MISSION MODULES 59,885 59,885 35 LCS SUW MISSION MODULES 37,168 37,168 LOGISTIC SUPPORT 36 LSD MIDLIFE 77,974 77,974 SHIP SONARS 38 SPQ–9B RADAR 27,934 27,934 39 AN/SQQ–89 SURF ASW COMBAT SYSTEM 83,231 83,231 40 SSN ACOUSTICS 199,438 199,438 41 UNDERSEA WARFARE SUPPORT EQUIPMENT 9,394 9,394 42 SONAR SWITCHES AND TRANSDUCERS 12,953 12,953 43 ELECTRONIC WARFARE MILDEC 8,958 8,958 ASW ELECTRONIC EQUIPMENT 44 SUBMARINE ACOUSTIC WARFARE SYSTEM 24,077 24,077 45 SSTD 11,925 11,925 46 FIXED SURVEILLANCE SYSTEM 94,338 94,338 47 SURTASS 9,680 9,680 48 MARITIME PATROL AND RECONNSAISANCE FORCE 18,130 18,130 ELECTRONIC WARFARE EQUIPMENT 49 AN/SLQ–32 203,375 203,375 RECONNAISSANCE EQUIPMENT 50 SHIPBOARD IW EXPLOIT 123,656 123,656 51 AUTOMATED IDENTIFICATION SYSTEM (AIS) 896 896 SUBMARINE SURVEILLANCE EQUIPMENT 52 SUBMARINE SUPPORT EQUIPMENT PROG 49,475 49,475 OTHER SHIP ELECTRONIC EQUIPMENT 53 COOPERATIVE ENGAGEMENT CAPABILITY 34,692 34,692 54 TRUSTED INFORMATION SYSTEM (TIS) 396 396 55 NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) 15,703 15,703 56 ATDLS 3,836 3,836 57 NAVY COMMAND AND CONTROL SYSTEM (NCCS) 7,201 7,201 58 MINESWEEPING SYSTEM REPLACEMENT 54,400 54,400 59 SHALLOW WATER MCM 8,548 8,548 60 NAVSTAR GPS RECEIVERS (SPACE) 11,765 11,765 61 AMERICAN FORCES RADIO AND TV SERVICE 6,483 6,483 62 STRATEGIC PLATFORM SUPPORT EQUIP 7,631 7,631 TRAINING EQUIPMENT 63 OTHER TRAINING EQUIPMENT 53,644 53,644 AVIATION ELECTRONIC EQUIPMENT 64 MATCALS 7,461 7,461 65 SHIPBOARD AIR TRAFFIC CONTROL 9,140 9,140 66 AUTOMATIC CARRIER LANDING SYSTEM 20,798 20,798 67 NATIONAL AIR SPACE SYSTEM 19,754 19,754 68 FLEET AIR TRAFFIC CONTROL SYSTEMS 8,909 8,909 69 LANDING SYSTEMS 13,554 13,554 70 ID SYSTEMS 38,934 38,934 71 NAVAL MISSION PLANNING SYSTEMS 14,131 14,131 OTHER SHORE ELECTRONIC EQUIPMENT 72 DEPLOYABLE JOINT COMMAND & CONTROL 3,249 3,249 73 MARITIME INTEGRATED BROADCAST SYSTEM 11,646 11,646 74 TACTICAL/MOBILE C4I SYSTEMS 18,189 18,189 75 DCGS-N 17,350 17,350 76 CANES 340,567 340,567 77 RADIAC 9,835 9,835 78 CANES-INTELL 59,652 59,652 79 GPETE 6,253 6,253 80 INTEG COMBAT SYSTEM TEST FACILITY 4,963 4,963 81 EMI CONTROL INSTRUMENTATION 4,664 4,664 82 ITEMS LESS THAN $5 MILLION 66,889 66,889 SHIPBOARD COMMUNICATIONS 84 SHIP COMMUNICATIONS AUTOMATION 23,877 23,877 86 COMMUNICATIONS ITEMS UNDER $5M 28,001 28,001 SUBMARINE COMMUNICATIONS 87 SUBMARINE BROADCAST SUPPORT 7,856 7,856 88 SUBMARINE COMMUNICATION EQUIPMENT 74,376 74,376 SATELLITE COMMUNICATIONS 89 SATELLITE COMMUNICATIONS SYSTEMS 27,381 27,381 90 NAVY MULTIBAND TERMINAL (NMT) 215,952 215,952 SHORE COMMUNICATIONS 91 JCS COMMUNICATIONS EQUIPMENT 4,463 4,463 92 ELECTRICAL POWER SYSTEMS 778 778 CRYPTOGRAPHIC EQUIPMENT 94 INFO SYSTEMS SECURITY PROGRAM (ISSP) 133,530 133,530 95 MIO INTEL EXPLOITATION TEAM 1,000 1,000 96 CRYPTOLOGIC COMMUNICATIONS EQUIP 12,251 12,251 OTHER ELECTRONIC SUPPORT 97 COAST GUARD EQUIPMENT 2,893 2,893 SONOBUOYS 99 SONOBUOYS—ALL TYPES 179,927 179,927 AIRCRAFT SUPPORT EQUIPMENT 100 WEAPONS RANGE SUPPORT EQUIPMENT 55,279 55,279 101 EXPEDITIONARY AIRFIELDS 8,792 8,792 102 AIRCRAFT REARMING EQUIPMENT 11,364 11,364 103 AIRCRAFT LAUNCH & RECOVERY EQUIPMENT 59,502 59,502 104 METEOROLOGICAL EQUIPMENT 19,118 19,118 105 DCRS/DPL 1,425 1,425 106 AVIATION LIFE SUPPORT 29,670 29,670 107 AIRBORNE MINE COUNTERMEASURES 101,554 101,554 108 LAMPS MK III SHIPBOARD EQUIPMENT 18,293 18,293 109 PORTABLE ELECTRONIC MAINTENANCE AIDS 7,969 7,969 110 OTHER AVIATION SUPPORT EQUIPMENT 5,215 5,215 111 AUTONOMIC LOGISTICS INFORMATION SYSTEM (ALIS) 4,827 4,827 SHIP GUN SYSTEM EQUIPMENT 112 NAVAL FIRES CONTROL SYSTEM 1,188 1,188 113 GUN FIRE CONTROL EQUIPMENT 4,447 4,447 SHIP MISSILE SYSTEMS EQUIPMENT 114 NATO SEASPARROW 58,368 58,368 115 RAM GMLS 491 491 116 SHIP SELF DEFENSE SYSTEM 51,858 51,858 117 AEGIS SUPPORT EQUIPMENT 59,757 59,757 118 TOMAHAWK SUPPORT EQUIPMENT 71,559 71,559 119 VERTICAL LAUNCH SYSTEMS 626 626 120 MARITIME INTEGRATED PLANNING SYSTEM-MIPS 2,779 2,779 FBM SUPPORT EQUIPMENT 121 STRATEGIC MISSILE SYSTEMS EQUIP 224,484 224,484 ASW SUPPORT EQUIPMENT 122 SSN COMBAT CONTROL SYSTEMS 85,678 85,678 123 SUBMARINE ASW SUPPORT EQUIPMENT 3,913 3,913 124 SURFACE ASW SUPPORT EQUIPMENT 3,909 3,909 125 ASW RANGE SUPPORT EQUIPMENT 28,694 28,694 OTHER ORDNANCE SUPPORT EQUIPMENT 126 EXPLOSIVE ORDNANCE DISPOSAL EQUIP 46,586 46,586 127 ITEMS LESS THAN $5 MILLION 11,933 11,933 OTHER EXPENDABLE ORDNANCE 128 ANTI-SHIP MISSILE DECOY SYSTEM 62,361 62,361 129 SURFACE TRAINING DEVICE MODS 41,813 41,813 130 SUBMARINE TRAINING DEVICE MODS 26,672 26,672 CIVIL ENGINEERING SUPPORT EQUIPMENT 131 PASSENGER CARRYING VEHICLES 5,600 5,600 132 GENERAL PURPOSE TRUCKS 3,717 3,717 133 CONSTRUCTION & MAINTENANCE EQUIP 10,881 10,881 134 FIRE FIGHTING EQUIPMENT 14,748 14,748 135 TACTICAL VEHICLES 5,540 5,540 136 AMPHIBIOUS EQUIPMENT 5,741 5,741 137 POLLUTION CONTROL EQUIPMENT 3,852 3,852 138 ITEMS UNDER $5 MILLION 25,757 25,757 139 PHYSICAL SECURITY VEHICLES 1,182 1,182 SUPPLY SUPPORT EQUIPMENT 140 MATERIALS HANDLING EQUIPMENT 14,250 14,250 141 OTHER SUPPLY SUPPORT EQUIPMENT 6,401 6,401 142 FIRST DESTINATION TRANSPORTATION 5,718 5,718 143 SPECIAL PURPOSE SUPPLY SYSTEMS 22,597 22,597 TRAINING DEVICES 144 TRAINING SUPPORT EQUIPMENT 22,527 22,527 COMMAND SUPPORT EQUIPMENT 145 COMMAND SUPPORT EQUIPMENT 50,428 50,428 146 EDUCATION SUPPORT EQUIPMENT 2,292 2,292 147 MEDICAL SUPPORT EQUIPMENT 4,925 4,925 149 NAVAL MIP SUPPORT EQUIPMENT 3,202 3,202 151 OPERATING FORCES SUPPORT EQUIPMENT 24,294 24,294 152 C4ISR EQUIPMENT 4,287 4,287 153 ENVIRONMENTAL SUPPORT EQUIPMENT 18,276 18,276 154 PHYSICAL SECURITY EQUIPMENT 134,495 134,495 155 ENTERPRISE INFORMATION TECHNOLOGY 324,327 324,327 CLASSIFIED PROGRAMS 156A CLASSIFIED PROGRAMS 12,140 12,140 SPARES AND REPAIR PARTS 157 SPARES AND REPAIR PARTS 317,234 317,234 OTHER PROCUREMENT, NAVY Total 6,310,257 6,310,257 PROCUREMENT, MARINE CORPS TRACKED COMBAT VEHICLES 01 AAV7A1 PIP 32,360 32,360 02 LAV PIP 6,003 6,003 ARTILLERY AND OTHER WEAPONS 03 EXPEDITIONARY FIRE SUPPORT SYSTEM 589 589 04 155MM LIGHTWEIGHT TOWED HOWITZER 3,655 3,655 05 HIGH MOBILITY ARTILLERY ROCKET SYSTEM 5,467 5,467 06 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION 20,354 20,354 OTHER SUPPORT 07 MODIFICATION KITS 38,446 38,446 08 WEAPONS ENHANCEMENT PROGRAM 4,734 4,734 GUIDED MISSILES 09 GROUND BASED AIR DEFENSE 15,713 15,713 10 JAVELIN 36,175 36,175 12 ANTI-ARMOR WEAPONS SYSTEM-HEAVY (AAWS-H) 1,136 1,136 OTHER SUPPORT 13 MODIFICATION KITS 33,976 33,976 COMMAND AND CONTROL SYSTEMS 14 UNIT OPERATIONS CENTER 16,273 16,273 REPAIR AND TEST EQUIPMENT 15 REPAIR AND TEST EQUIPMENT 41,063 41,063 OTHER SUPPORT (TEL) 16 COMBAT SUPPORT SYSTEM 2,930 2,930 COMMAND AND CONTROL SYSTEM (NON-TEL) 18 ITEMS UNDER $5 MILLION (COMM & ELEC) 1,637 1,637 19 AIR OPERATIONS C2 SYSTEMS 18,394 18,394 RADAR + EQUIPMENT (NON-TEL) 20 RADAR SYSTEMS 114,051 114,051 21 RQ–21 UAS 66,612 66,612 INTELL/COMM EQUIPMENT (NON-TEL) 22 FIRE SUPPORT SYSTEM 3,749 3,749 23 INTELLIGENCE SUPPORT EQUIPMENT 75,979 75,979 26 RQ–11 UAV 1,653 1,653 27 DCGS-MC 9,494 9,494 OTHER COMM/ELEC EQUIPMENT (NON-TEL) 28 NIGHT VISION EQUIPMENT 6,171 6,171 OTHER SUPPORT (NON-TEL) 29 COMMON COMPUTER RESOURCES 121,955 121,955 30 COMMAND POST SYSTEMS 83,294 83,294 31 RADIO SYSTEMS 74,718 74,718 32 COMM SWITCHING & CONTROL SYSTEMS 47,613 47,613 33 COMM & ELEC INFRASTRUCTURE SUPPORT 19,573 19,573 CLASSIFIED PROGRAMS 33A CLASSIFIED PROGRAMS 5,659 5,659 ADMINISTRATIVE VEHICLES 34 COMMERCIAL PASSENGER VEHICLES 1,039 1,039 35 COMMERCIAL CARGO VEHICLES 31,050 31,050 TACTICAL VEHICLES 36 5/4T TRUCK HMMWV (MYP) 36,333 36,333 37 MOTOR TRANSPORT MODIFICATIONS 3,137 3,137 40 FAMILY OF TACTICAL TRAILERS 27,385 27,385 OTHER SUPPORT 41 ITEMS LESS THAN $5 MILLION 7,016 7,016 ENGINEER AND OTHER EQUIPMENT 42 ENVIRONMENTAL CONTROL EQUIP ASSORT 14,377 14,377 43 BULK LIQUID EQUIPMENT 24,864 24,864 44 TACTICAL FUEL SYSTEMS 21,592 21,592 45 POWER EQUIPMENT ASSORTED 61,353 61,353 46 AMPHIBIOUS SUPPORT EQUIPMENT 4,827 4,827 47 EOD SYSTEMS 40,011 40,011 MATERIALS HANDLING EQUIPMENT 48 PHYSICAL SECURITY EQUIPMENT 16,809 16,809 49 GARRISON MOBILE ENGINEER EQUIPMENT (GMEE) 3,408 3,408 50 MATERIAL HANDLING EQUIP 48,549 48,549 51 FIRST DESTINATION TRANSPORTATION 190 190 GENERAL PROPERTY 52 FIELD MEDICAL EQUIPMENT 23,129 23,129 53 TRAINING DEVICES 8,346 8,346 54 CONTAINER FAMILY 1,857 1,857 55 FAMILY OF CONSTRUCTION EQUIPMENT 36,198 36,198 56 RAPID DEPLOYABLE KITCHEN 2,390 2,390 OTHER SUPPORT 57 ITEMS LESS THAN $5 MILLION 6,525 6,525 SPARES AND REPAIR PARTS 58 SPARES AND REPAIR PARTS 13,700 13,700 PROCUREMENT, MARINE CORPS Total 1,343,511 1,343,511 AIRCRAFT PROCUREMENT, AIR FORCE TACTICAL FORCES 1 F–35 3,060,770 3,060,770 2 F–35—ADV PROC (CY) 363,783 363,783 OTHER AIRLIFT 5 C–130J 537,517 537,517 6 C–130J—ADV PROC (CY) 162,000 162,000 7 HC–130J 132,121 132,121 8 HC–130J—ADV PROC (CY) 88,000 88,000 9 MC–130J 389,434 389,434 10 MC–130J—ADV PROC (CY) 104,000 104,000 HELICOPTERS 15 CV–22 (MYP) 230,798 230,798 MISSION SUPPORT AIRCRAFT 17 CIVIL AIR PATROL A/C 2,541 2,541 OTHER AIRCRAFT 20 TARGET DRONES 138,669 138,669 22 AC–130J 470,019 470,019 24 RQ–4 27,000 27,000 27 MQ–9 272,217 242,217 Prior year savings [–30,000] 28 RQ–4 BLOCK 40 PROC 1,747 1,747 STRATEGIC AIRCRAFT 29 B–2A 20,019 20,019 30 B–1B 132,222 132,222 31 B–52 111,002 111,002 32 LARGE AIRCRAFT INFRARED COUNTERMEASURES 27,197 27,197 TACTICAL AIRCRAFT 33 A–10 47,598 47,598 34 F–15 354,624 354,624 35 F–16 11,794 11,794 36 F–22A 285,830 285,830 37 F–35 MODIFICATIONS 157,777 157,777 AIRLIFT AIRCRAFT 38 C–5 2,456 2,456 39 C–5M 1,021,967 1,021,967 42 C–17A 143,197 143,197 43 C–21 103 103 44 C–32A 9,780 9,780 45 C–37A 452 452 TRAINER AIRCRAFT 47 GLIDER MODS 128 128 48 T–6 6,427 6,427 49 T–1 277 277 50 T–38 28,686 28,686 OTHER AIRCRAFT 52 U–2 MODS 45,591 45,591 53 KC–10A (ATCA) 70,918 70,918 54 C–12 1,876 1,876 55 MC–12W 5,000 5,000 56 C–20 MODS 192 192 57 VC–25A MOD 263 263 58 C–40 6,119 6,119 59 C–130 58,577 105,877 C–130 avionics upgrades [47,300] 61 C–130J MODS 10,475 10,475 62 C–135 46,556 46,556 63 COMPASS CALL MODS 34,494 34,494 64 RC–135 171,813 171,813 65 E–3 197,087 197,087 66 E–4 14,304 14,304 67 E–8 57,472 57,472 68 H–1 6,627 6,627 69 H–60 27,654 27,654 70 RQ–4 MODS 9,313 9,313 71 HC/MC–130 MODIFICATIONS 16,300 16,300 72 OTHER AIRCRAFT 6,948 6,948 73 MQ–1 MODS 9,734 9,734 74 MQ–9 MODS 102,970 68,470 Lynx radar reduction [–34,500] 76 RQ–4 GSRA/CSRA MODS 30,000 30,000 77 CV–22 MODS 23,310 23,310 AIRCRAFT SPARES AND REPAIR PARTS 78 INITIAL SPARES/REPAIR PARTS 463,285 463,285 COMMON SUPPORT EQUIPMENT 79 AIRCRAFT REPLACEMENT SUPPORT EQUIP 49,140 49,140 POST PRODUCTION SUPPORT 81 B–1 3,683 3,683 83 B–2A 43,786 43,786 84 B–52 7,000 7,000 87 C–17A 81,952 81,952 89 C–135 8,597 8,597 90 F–15 2,403 2,403 91 F–16 3,455 3,455 92 F–22A 5,911 5,911 INDUSTRIAL PREPAREDNESS 94 INDUSTRIAL RESPONSIVENESS 21,148 21,148 WAR CONSUMABLES 95 WAR CONSUMABLES 94,947 94,947 OTHER PRODUCTION CHARGES 96 OTHER PRODUCTION CHARGES 1,242,004 1,242,004 CLASSIFIED PROGRAMS 96A CLASSIFIED PROGRAMS 75,845 75,845 AIRCRAFT PROCUREMENT, AIR FORCE Total 11,398,901 11,381,701 MISSILE PROCUREMENT, AIR FORCE MISSILE REPLACEMENT EQUIPMENT—BALLISTIC 1 MISSILE REPLACEMENT EQ-BALLISTIC 39,104 39,104 TACTICAL 2 JASSM 291,151 291,151 3 SIDEWINDER (AIM–9X) 119,904 119,904 4 AMRAAM 340,015 340,015 5 PREDATOR HELLFIRE MISSILE 48,548 48,548 6 SMALL DIAMETER BOMB 42,347 42,347 INDUSTRIAL FACILITIES 7 INDUSTR'L PREPAREDNS/POL PREVENTION 752 752 CLASS IV 9 MM III MODIFICATIONS 21,635 21,635 10 AGM–65D MAVERICK 276 276 11 AGM–88A HARM 580 580 12 AIR LAUNCH CRUISE MISSILE (ALCM) 6,888 6,888 13 SMALL DIAMETER BOMB 5,000 5,000 MISSILE SPARES AND REPAIR PARTS 14 INITIAL SPARES/REPAIR PARTS 72,080 72,080 SPACE PROGRAMS 15 ADVANCED EHF 379,586 379,586 16 WIDEBAND GAPFILLER SATELLITES(SPACE) 38,398 38,398 17 GPS III SPACE SEGMENT 486,047 486,047 17 GPS III SPACE SEGMENT –82,616 –82,616 18 GPS III SPACE SEGMENT 74,167 74,167 19 SPACEBORNE EQUIP (COMSEC) 5,244 5,244 20 GLOBAL POSITIONING (SPACE) 55,997 55,997 21 DEF METEOROLOGICAL SAT PROG(SPACE) 95,673 95,673 22 EVOLVED EXPENDABLE LAUNCH VEH(SPACE) 1,852,900 1,852,900 23 SBIR HIGH (SPACE) 583,192 583,192 SPECIAL PROGRAMS 29 SPECIAL UPDATE PROGRAMS 36,716 36,716 CLASSIFIED PROGRAMS 29A CLASSIFIED PROGRAMS 829,702 829,702 MISSILE PROCUREMENT, AIR FORCE Total 5,343,286 5,343,286 PROCUREMENT OF AMMUNITION, AIR FORCE ROCKETS 1 ROCKETS 15,735 15,735 CARTRIDGES 2 CARTRIDGES 129,921 129,921 BOMBS 3 PRACTICE BOMBS 30,840 30,840 4 GENERAL PURPOSE BOMBS 187,397 187,397 5 JOINT DIRECT ATTACK MUNITION 188,510 188,510 OTHER ITEMS 6 CAD/PAD 35,837 35,837 7 EXPLOSIVE ORDNANCE DISPOSAL (EOD) 7,531 7,531 8 SPARES AND REPAIR PARTS 499 499 9 MODIFICATIONS 480 480 10 ITEMS LESS THAN $5 MILLION 9,765 9,765 FLARES 11 FLARES 55,864 55,864 FUZES 13 FUZES 76,037 76,037 SMALL ARMS 14 SMALL ARMS 21,026 21,026 PROCUREMENT OF AMMUNITION, AIR FORCE Total 759,442 759,442 OTHER PROCUREMENT, AIR FORCE PASSENGER CARRYING VEHICLES 1 PASSENGER CARRYING VEHICLES 2,048 2,048 CARGO AND UTILITY VEHICLES 2 MEDIUM TACTICAL VEHICLE 8,019 8,019 3 CAP VEHICLES 946 946 4 ITEMS LESS THAN $5 MILLION 7,138 7,138 SPECIAL PURPOSE VEHICLES 5 SECURITY AND TACTICAL VEHICLES 13,093 13,093 6 ITEMS LESS THAN $5 MILLION 13,983 13,983 FIRE FIGHTING EQUIPMENT 7 FIRE FIGHTING/CRASH RESCUE VEHICLES 23,794 23,794 MATERIALS HANDLING EQUIPMENT 8 ITEMS LESS THAN $5 MILLION 8,669 8,669 BASE MAINTENANCE SUPPORT 9 RUNWAY SNOW REMOV & CLEANING EQUIP 6,144 6,144 10 ITEMS LESS THAN $5 MILLION 1,580 1,580 COMM SECURITY EQUIPMENT(COMSEC) 12 COMSEC EQUIPMENT 149,661 149,661 13 MODIFICATIONS (COMSEC) 726 726 INTELLIGENCE PROGRAMS 14 INTELLIGENCE TRAINING EQUIPMENT 2,789 2,789 15 INTELLIGENCE COMM EQUIPMENT 31,875 31,875 16 ADVANCE TECH SENSORS 452 452 17 MISSION PLANNING SYSTEMS 14,203 14,203 18 AIR TRAFFIC CONTROL & LANDING SYS 46,232 46,232 19 NATIONAL AIRSPACE SYSTEM 11,685 11,685 20 BATTLE CONTROL SYSTEM—FIXED 19,248 19,248 21 THEATER AIR CONTROL SYS IMPROVEMENTS 19,292 19,292 22 WEATHER OBSERVATION FORECAST 17,166 17,166 23 STRATEGIC COMMAND AND CONTROL 22,723 22,723 24 CHEYENNE MOUNTAIN COMPLEX 27,930 27,930 25 TAC SIGNIT SPT 217 217 SPCL COMM-ELECTRONICS PROJECTS 27 GENERAL INFORMATION TECHNOLOGY 49,627 49,627 28 AF GLOBAL COMMAND & CONTROL SYS 13,559 13,559 29 MOBILITY COMMAND AND CONTROL 11,186 11,186 30 AIR FORCE PHYSICAL SECURITY SYSTEM 43,238 43,238 31 COMBAT TRAINING RANGES 10,431 10,431 32 C3 COUNTERMEASURES 13,769 13,769 33 GCSS-AF FOS 19,138 19,138 34 THEATER BATTLE MGT C2 SYSTEM 8,809 8,809 35 AIR & SPACE OPERATIONS CTR-WPN SYS 26,935 26,935 AIR FORCE COMMUNICATIONS 36 INFORMATION TRANSPORT SYSTEMS 80,558 80,558 38 AFNET 97,588 97,588 39 VOICE SYSTEMS 8,419 8,419 40 USCENTCOM 34,276 34,276 SPACE PROGRAMS 41 SPACE BASED IR SENSOR PGM SPACE 28,235 28,235 42 NAVSTAR GPS SPACE 2,061 2,061 43 NUDET DETECTION SYS SPACE 4,415 4,415 44 AF SATELLITE CONTROL NETWORK SPACE 30,237 30,237 45 SPACELIFT RANGE SYSTEM SPACE 98,062 98,062 46 MILSATCOM SPACE 105,935 105,935 47 SPACE MODS SPACE 37,861 37,861 48 COUNTERSPACE SYSTEM 7,171 7,171 ORGANIZATION AND BASE 49 TACTICAL C-E EQUIPMENT 83,537 83,537 50 COMBAT SURVIVOR EVADER LOCATER 11,884 11,884 51 RADIO EQUIPMENT 14,711 14,711 52 CCTV/AUDIOVISUAL EQUIPMENT 10,275 10,275 53 BASE COMM INFRASTRUCTURE 50,907 50,907 MODIFICATIONS 54 COMM ELECT MODS 55,701 55,701 PERSONAL SAFETY & RESCUE EQUIP 55 NIGHT VISION GOGGLES 14,524 14,524 56 ITEMS LESS THAN $5 MILLION 28,655 28,655 DEPOT PLANT+MTRLS HANDLING EQ 57 MECHANIZED MATERIAL HANDLING EQUIP 9,332 9,332 BASE SUPPORT EQUIPMENT 58 BASE PROCURED EQUIPMENT 16,762 16,762 59 CONTINGENCY OPERATIONS 33,768 33,768 60 PRODUCTIVITY CAPITAL INVESTMENT 2,495 2,495 61 MOBILITY EQUIPMENT 12,859 12,859 62 ITEMS LESS THAN $5 MILLION 1,954 1,954 SPECIAL SUPPORT PROJECTS 64 DARP RC135 24,528 24,528 65 DCGS-AF 137,819 137,819 67 SPECIAL UPDATE PROGRAM 479,586 479,586 68 DEFENSE SPACE RECONNAISSANCE PROG. 45,159 45,159 CLASSIFIED PROGRAMS 68A CLASSIFIED PROGRAMS 14,519,256 14,519,256 SPARES AND REPAIR PARTS 70 SPARES AND REPAIR PARTS 25,746 25,746 OTHER PROCUREMENT, AIR FORCE Total 16,760,581 16,760,581 PROCUREMENT, DEFENSE-WIDE MAJOR EQUIPMENT, DCAA 1 ITEMS LESS THAN $5 MILLION 1,291 1,291 MAJOR EQUIPMENT, DCMA 2 MAJOR EQUIPMENT 5,711 5,711 MAJOR EQUIPMENT, DHRA 3 PERSONNEL ADMINISTRATION 47,201 47,201 MAJOR EQUIPMENT, DISA 09 INFORMATION SYSTEMS SECURITY 16,189 16,189 12 TELEPORT PROGRAM 66,075 66,075 13 ITEMS LESS THAN $5 MILLION 83,881 83,881 14 NET CENTRIC ENTERPRISE SERVICES (NCES) 2,572 2,572 15 DEFENSE INFORMATION SYSTEM NETWORK 125,557 125,557 17 CYBER SECURITY INITIATIVE 16,941 16,941 MAJOR EQUIPMENT, DLA 18 MAJOR EQUIPMENT 13,137 13,137 MAJOR EQUIPMENT, DMACT 19 MAJOR EQUIPMENT 15,414 15,414 MAJOR EQUIPMENT, DODEA 20 AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS 1,454 1,454 MAJOR EQUIPMENT, DEFENSE SECURITY COOPERATION AGENCY 21 EQUIPMENT 978 978 MAJOR EQUIPMENT, DSS 22 MAJOR EQUIPMENT 5,020 5,020 MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION AGENCY 23 VEHICLES 100 100 24 OTHER MAJOR EQUIPMENT 13,395 13,395 MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY 26 THAAD 581,005 581,005 27 AEGIS BMD 580,814 580,814 28 BMDS AN/TPY–2 RADARS 62,000 62,000 29 AEGIS ASHORE PHASE III 131,400 131,400 31 IRON DOME 220,309 220,309 MAJOR EQUIPMENT, NSA 39 INFORMATION SYSTEMS SECURITY PROGRAM (ISSP) 14,363 14,363 MAJOR EQUIPMENT, OSD 40 MAJOR EQUIPMENT, OSD 37,345 37,345 41 MAJOR EQUIPMENT, INTELLIGENCE 16,678 16,678 MAJOR EQUIPMENT, TJS 42 MAJOR EQUIPMENT, TJS 14,792 14,792 MAJOR EQUIPMENT, WHS 43 MAJOR EQUIPMENT, WHS 35,259 35,259 CLASSIFIED PROGRAMS 43A CLASSIFIED PROGRAMS 544,272 544,272 AVIATION PROGRAMS 45 ROTARY WING UPGRADES AND SUSTAINMENT 112,456 112,456 46 MH–60 MODERNIZATION PROGRAM 81,457 81,457 47 NON-STANDARD AVIATION 2,650 2,650 48 U–28 56,208 56,208 49 MH–47 CHINOOK 19,766 19,766 50 RQ–11 UNMANNED AERIAL VEHICLE 850 850 51 CV–22 MODIFICATION 98,927 98,927 52 MQ–1 UNMANNED AERIAL VEHICLE 20,576 20,576 53 MQ–9 UNMANNED AERIAL VEHICLE 1,893 14,893 Capability Improvements [13,000] 55 STUASL0 13,166 13,166 56 PRECISION STRIKE PACKAGE 107,687 107,687 57 AC/MC–130J 51,870 51,870 59 C–130 MODIFICATIONS 71,940 71,940 SHIPBUILDING 61 UNDERWATER SYSTEMS 37,439 37,439 AMMUNITION PROGRAMS 63 ORDNANCE ITEMS <$5M 159,029 159,029 OTHER PROCUREMENT PROGRAMS 66 INTELLIGENCE SYSTEMS 79,819 79,819 68 DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 14,906 14,906 70 OTHER ITEMS <$5M 81,711 81,711 71 COMBATANT CRAFT SYSTEMS 35,053 33,897 CCFLIR—Transfer at USSOCOM Request [–1,156] 74 SPECIAL PROGRAMS 41,526 41,526 75 TACTICAL VEHICLES 43,353 43,353 76 WARRIOR SYSTEMS <$5M 210,540 210,540 78 COMBAT MISSION REQUIREMENTS 20,000 20,000 82 GLOBAL VIDEO SURVEILLANCE ACTIVITIES 6,645 6,645 83 OPERATIONAL ENHANCEMENTS INTELLIGENCE 25,581 25,581 89 OPERATIONAL ENHANCEMENTS 191,061 191,061 CBDP 91 INSTALLATION FORCE PROTECTION 14,271 14,271 92 INDIVIDUAL PROTECTION 101,667 101,667 94 JOINT BIO DEFENSE PROGRAM (MEDICAL) 13,447 13,447 95 COLLECTIVE PROTECTION 20,896 20,896 96 CONTAMINATION AVOIDANCE 144,540 144,540 PROCUREMENT, DEFENSE-WIDE Total 4,534,083 4,545,927 JOINT URGENT OPERATIONAL NEEDS FUND JOINT URGENT OPERATIONAL NEEDS FUND 01 JOINT URGENT OPERATIONAL NEEDS FUND 98,800 98,800 JOINT URGENT OPERATIONAL NEEDS FUND Total 98,800 98,800 TOTAL, PROCUREMENT 98,227,168 98,151,289 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS Line Item FY 2014 Senate AIRCRAFT PROCUREMENT, ARMY FIXED WING 2 SATURN ARCH (MIP) 48,000 48,000 4 MQ–1 UAV 31,988 31,988 ROTARY 9 AH–64 APACHE BLOCK IIIB NEW BUILD 142,000 142,000 11 KIOWA WARRIOR WRA 163,800 163,800 14 CH–47 HELICOPTER 386,000 386,000 AIRCRAFT PROCUREMENT, ARMY Total 771,788 771,788 MISSILE PROCUREMENT, ARMY AIR-TO-SURFACE MISSILE SYSTEM 3 HELLFIRE SYS SUMMARY 54,000 54,000 ANTI-TANK/ASSAULT MISSILE SYS 7 GUIDED MLRS ROCKET (GMLRS) 39,045 39,045 10 ARMY TACTICAL MSL SYS (ATACMS)—SYS SUM 35,600 35,600 MISSILE PROCUREMENT, ARMY Total 128,645 128,645 PROCUREMENT OF AMMUNITION, ARMY SMALL/MEDIUM CAL AMMUNITION 2 CTG, 5.56MM, ALL TYPES 4,400 4,400 4 CTG, HANDGUN, ALL TYPES 1,500 1,500 5 CTG, .50 CAL, ALL TYPES 5,000 5,000 8 CTG, 30MM, ALL TYPES 60,000 60,000 MORTAR AMMUNITION 10 60MM MORTAR, ALL TYPES 5,000 5,000 ARTILLERY AMMUNITION 14 ARTILLERY CARTRIDGES, 75MM & 105MM, ALL TYPES 10,000 10,000 15 ARTILLERY PROJECTILE, 155MM, ALL TYPES 10,000 10,000 16 PROJ 155MM EXTENDED RANGE M982 11,000 11,000 ROCKETS 21 ROCKET, HYDRA 70, ALL TYPES 57,000 57,000 OTHER AMMUNITION 22 DEMOLITION MUNITIONS, ALL TYPES 4,000 4,000 23 GRENADES, ALL TYPES 3,000 3,000 24 SIGNALS, ALL TYPES 8,000 8,000 MISCELLANEOUS 28 CAD/PAD ALL TYPES 2,000 2,000 PROCUREMENT OF AMMUNITION, ARMY Total 180,900 180,900 OTHER PROCUREMENT, ARMY TACTICAL VEHICLES 13 MINE-RESISTANT AMBUSH-PROTECTED (MRAP) MODS 321,040 321,040 COMM—BASE COMMUNICATIONS 60 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM 25,000 25,000 ELECT EQUIP—TACT INT REL ACT (TIARA) 67 DCGS-A (MIP) 7,200 7,200 71 CI HUMINT AUTO REPRTING AND COLL(CHARCS) 5,980 5,980 74 LIGHTWEIGHT COUNTER MORTAR RADAR 57,800 57,800 78 FAMILY OF PERSISTENT SURVEILLANCE CAPABILITIE 15,300 15,300 79 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES 4,221 4,221 91 ARTILLERY ACCURACY EQUIP 1,834 1,834 96 MOD OF IN-SVC EQUIP (LLDR) 21,000 21,000 98 COUNTERFIRE RADARS 85,830 85,830 COMBAT SERVICE SUPPORT EQUIPMENT 146 FORCE PROVIDER 51,654 51,654 147 FIELD FEEDING EQUIPMENT 6,264 6,264 OTHER PROCUREMENT, ARMY Total 603,123 603,123 JOINT IMPR EXPLOSIVE DEV DEFEAT FUND NETWORK ATTACK 1 ATTACK THE NETWORK 417,700 417,700 JIEDDO DEVICE DEFEAT 2 DEFEAT THE DEVICE 248,886 248,886 FORCE TRAINING 3 TRAIN THE FORCE 106,000 0 Program decrease [–106,000] STAFF AND INFRASTRUCTURE 4 OPERATIONS 227,414 182,414 Program decrease [–45,000] JOINT IMPR EXPLOSIVE DEV DEFEAT FUND Total 1,000,000 849,000 COMBAT AIRCRAFT 11 H–1 UPGRADES (UH–1Y/AH–1Z) 29,520 29,520 OTHER AIRCRAFT 26 MQ–8 UAV 13,100 13,100 MODIFICATION OF AIRCRAFT 31 AV–8 SERIES 57,652 57,652 33 F–18 SERIES 35,500 35,500 39 EP–3 SERIES 2,700 2,700 49 SPECIAL PROJECT AIRCRAFT 3,375 3,375 54 COMMON ECM EQUIPMENT 49,183 49,183 55 COMMON AVIONICS CHANGES 4,190 4,190 59 MAGTF EW FOR AVIATION 20,700 20,700 AIRCRAFT SPARES AND REPAIR PARTS 65 SPARES AND REPAIR PARTS 24,776 24,776 AIRCRAFT PROCUREMENT, NAVY Total 240,696 240,696 WEAPONS PROCUREMENT, NAVY TACTICAL MISSILES 9 HELLFIRE 27,000 27,000 10 LASER MAVERICK 58,000 58,000 11 STAND OFF PRECISION GUIDED MUNITIONS (SOPGM) 1,500 1,500 WEAPONS PROCUREMENT, NAVY Total 86,500 86,500 PROCUREMENT OF AMMO, NAVY & MC NAVY AMMUNITION 1 GENERAL PURPOSE BOMBS 11,424 11,424 2 AIRBORNE ROCKETS, ALL TYPES 30,332 30,332 3 MACHINE GUN AMMUNITION 8,282 8,282 6 AIR EXPENDABLE COUNTERMEASURES 31,884 31,884 11 OTHER SHIP GUN AMMUNITION 409 409 12 SMALL ARMS & LANDING PARTY AMMO 11,976 11,976 13 PYROTECHNIC AND DEMOLITION 2,447 2,447 14 AMMUNITION LESS THAN $5 MILLION 7,692 7,692 MARINE CORPS AMMUNITION 15 SMALL ARMS AMMUNITION 13,461 13,461 16 LINEAR CHARGES, ALL TYPES 3,310 3,310 17 40 MM, ALL TYPES 6,244 6,244 18 60MM, ALL TYPES 3,368 3,368 19 81MM, ALL TYPES 9,162 9,162 20 120MM, ALL TYPES 10,266 10,266 21 CTG 25MM, ALL TYPES 1,887 1,887 22 GRENADES, ALL TYPES 1,611 1,611 23 ROCKETS, ALL TYPES 37,459 37,459 24 ARTILLERY, ALL TYPES 970 970 25 DEMOLITION MUNITIONS, ALL TYPES 418 418 26 FUZE, ALL TYPES 14,219 14,219 PROCUREMENT OF AMMO, NAVY & MC Total 206,821 206,821 OTHER PROCUREMENT, NAVY CIVIL ENGINEERING SUPPORT EQUIPMENT 135 TACTICAL VEHICLES 17,968 17,968 OTHER PROCUREMENT, NAVY Total 17,968 17,968 PROCUREMENT, MARINE CORPS GUIDED MISSILES 10 JAVELIN 29,334 29,334 11 FOLLOW ON TO SMAW 105 105 OTHER SUPPORT 13 MODIFICATION KITS 16,081 16,081 REPAIR AND TEST EQUIPMENT 15 REPAIR AND TEST EQUIPMENT 16,081 16,081 OTHER SUPPORT (TEL) 17 MODIFICATION KITS 2,831 2,831 COMMAND AND CONTROL SYSTEM (NON-TEL) 18 ITEMS UNDER $5 MILLION (COMM & ELEC) 8,170 8,170 INTELL/COMM EQUIPMENT (NON-TEL) 23 INTELLIGENCE SUPPORT EQUIPMENT 2,700 2,700 26 RQ–11 UAV 2,830 2,830 OTHER SUPPORT (NON-TEL) 29 COMMON COMPUTER RESOURCES 4,866 4,866 30 COMMAND POST SYSTEMS 265 265 ENGINEER AND OTHER EQUIPMENT 42 ENVIRONMENTAL CONTROL EQUIP ASSORT 114 114 43 BULK LIQUID EQUIPMENT 523 523 44 TACTICAL FUEL SYSTEMS 365 365 45 POWER EQUIPMENT ASSORTED 2,004 2,004 47 EOD SYSTEMS 42,930 42,930 GENERAL PROPERTY 55 FAMILY OF CONSTRUCTION EQUIPMENT 385 385 PROCUREMENT, MARINE CORPS Total 129,584 129,584 AIRCRAFT PROCUREMENT, AIR FORCE STRATEGIC AIRCRAFT 32 LARGE AIRCRAFT INFRARED COUNTERMEASURES 94,050 94,050 OTHER AIRCRAFT 52 U–2 MODS 11,300 11,300 59 C–130 1,618 1,618 64 RC–135 2,700 2,700 COMMON SUPPORT EQUIPMENT 79 AIRCRAFT REPLACEMENT SUPPORT EQUIP 6,000 6,000 AIRCRAFT PROCUREMENT, AIR FORCE Total 115,668 115,668 MISSILE PROCUREMENT, AIR FORCE TACTICAL 5 PREDATOR HELLFIRE MISSILE 24,200 24,200 MISSILE PROCUREMENT, AIR FORCE Total 24,200 24,200 PROCUREMENT OF AMMUNITION, AIR FORCE ROCKETS 1 ROCKETS 326 326 CARTRIDGES 2 CARTRIDGES 17,634 17,634 BOMBS 4 GENERAL PURPOSE BOMBS 37,514 37,514 5 JOINT DIRECT ATTACK MUNITION 84,459 84,459 FLARES 11 FLARES 14,973 14,973 12 FUZES 3,859 3,859 SMALL ARMS 14 SMALL ARMS 1,200 1,200 PROCUREMENT OF AMMUNITION, AIR FORCE Total 159,965 159,965 OTHER PROCUREMENT, AIR FORCE ELECTRONICS PROGRAMS 22 WEATHER OBSERVATION FORECAST 1,800 1,800 SPACE PROGRAMS 46 MILSATCOM SPACE 5,695 5,695 BASE SUPPORT EQUIPMENT 59 CONTINGENCY OPERATIONS 60,600 60,600 61 MOBILITY EQUIPMENT 68,000 68,000 SPECIAL SUPPORT PROJECTS 68 DEFENSE SPACE RECONNAISSANCE PROG. 58,250 58,250 CLASSIFIED PROGRAMS 68A CLASSIFIED PROGRAMS 2,380,501 2,380,501 OTHER PROCUREMENT, AIR FORCE Total 2,574,846 2,574,846 PROCUREMENT, DEFENSE-WIDE MAJOR EQUIPMENT, DISA 12 TELEPORT PROGRAM 4,760 4,760 CLASSIFIED PROGRAMS 41A CLASSIFIED PROGRAMS 78,986 78,986 AMMUNITION PROGRAMS 62 ORDNANCE REPLENISHMENT 2,841 2,841 OTHER PROCUREMENT PROGRAMS 66 INTELLIGENCE SYSTEMS 13,300 13,300 84 SOLDIER PROTECTION AND SURVIVAL SYSTEMS 8,034 8,034 89 OPERATIONAL ENHANCEMENTS 3,354 3,354 PROCUREMENT, DEFENSE-WIDE Total 111,275 111,275 JOINT URGENT OPERATIONAL NEEDS FUND JOINT URGENT OPERATIONAL NEEDS FUND 1 JOINT URGENT OPERATIONAL NEEDS FUND 15,000 15,000 JOINT URGENT OPERATIONAL NEEDS FUND Total 15,000 15,000 TOTAL, PROCUREMENT 6,366,979 6,215,979 XLII RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Line Program Item FY 2014 Senate RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY BASIC RESEARCH 1 0601101A IN-HOUSE LABORATORY INDEPENDENT RESEARCH 21,803 21,803 2 0601102A DEFENSE RESEARCH SCIENCES 221,901 221,901 3 0601103A UNIVERSITY RESEARCH INITIATIVES 79,359 79,359 4 0601104A UNIVERSITY AND INDUSTRY RESEARCH CENTERS 113,662 113,662 BASIC RESEARCH TOTAL 436,725 436,725 APPLIED RESEARCH 5 0602105A MATERIALS TECHNOLOGY 26,585 26,585 6 0602120A SENSORS AND ELECTRONIC SURVIVABILITY 43,170 43,170 7 0602122A TRACTOR HIP 36,293 36,293 8 0602211A AVIATION TECHNOLOGY 55,615 55,615 9 0602270A ELECTRONIC WARFARE TECHNOLOGY 17,585 17,585 10 0602303A MISSILE TECHNOLOGY 51,528 51,528 11 0602307A ADVANCED WEAPONS TECHNOLOGY 26,162 26,162 12 0602308A ADVANCED CONCEPTS AND SIMULATION 24,063 24,063 13 0602601A COMBAT VEHICLE AND AUTOMOTIVE TECHNOLOGY 64,589 64,589 14 0602618A BALLISTICS TECHNOLOGY 68,300 78,300 WIAMan schedule adjustment [10,000] 15 0602622A CHEMICAL, SMOKE AND EQUIPMENT DEFEATING TECHNOLOGY 4,490 4,490 16 0602623A JOINT SERVICE SMALL ARMS PROGRAM 7,818 7,818 17 0602624A WEAPONS AND MUNITIONS TECHNOLOGY 37,798 37,798 18 0602705A ELECTRONICS AND ELECTRONIC DEVICES 59,021 59,021 19 0602709A NIGHT VISION TECHNOLOGY 43,426 43,426 20 0602712A COUNTERMINE SYSTEMS 20,574 20,574 21 0602716A HUMAN FACTORS ENGINEERING TECHNOLOGY 21,339 21,339 22 0602720A ENVIRONMENTAL QUALITY TECHNOLOGY 20,316 20,316 23 0602782A COMMAND, CONTROL, COMMUNICATIONS TECHNOLOGY 34,209 34,209 24 0602783A COMPUTER AND SOFTWARE TECHNOLOGY 10,439 10,439 25 0602784A MILITARY ENGINEERING TECHNOLOGY 70,064 70,064 26 0602785A MANPOWER/PERSONNEL/TRAINING TECHNOLOGY 17,654 17,654 27 0602786A WARFIGHTER TECHNOLOGY 31,546 31,546 28 0602787A MEDICAL TECHNOLOGY 93,340 93,340 APPLIED RESEARCH TOTAL 885,924 895,924 ADVANCED TECHNOLOGY DEVELOPMENT 29 0603001A WARFIGHTER ADVANCED TECHNOLOGY 56,056 56,056 30 0603002A MEDICAL ADVANCED TECHNOLOGY 62,032 62,032 31 0603003A AVIATION ADVANCED TECHNOLOGY 81,080 81,080 32 0603004A WEAPONS AND MUNITIONS ADVANCED TECHNOLOGY 63,919 63,919 33 0603005A COMBAT VEHICLE AND AUTOMOTIVE ADVANCED TECHNOLOGY 97,043 97,043 34 0603006A SPACE APPLICATION ADVANCED TECHNOLOGY 5,866 5,866 35 0603007A MANPOWER, PERSONNEL AND TRAINING ADVANCED TECHNOLOGY 7,800 7,800 36 0603008A ELECTRONIC WARFARE ADVANCED TECHNOLOGY 40,416 40,416 37 0603009A TRACTOR HIKE 9,166 9,166 38 0603015A NEXT GENERATION TRAINING & SIMULATION SYSTEMS 13,627 13,627 39 0603020A TRACTOR ROSE 10,667 10,667 41 0603125A COMBATING TERRORISM—TECHNOLOGY DEVELOPMENT 15,054 15,054 42 0603130A TRACTOR NAIL 3,194 3,194 43 0603131A TRACTOR EGGS 2,367 2,367 44 0603270A ELECTRONIC WARFARE TECHNOLOGY 25,348 25,348 45 0603313A MISSILE AND ROCKET ADVANCED TECHNOLOGY 64,009 64,009 46 0603322A TRACTOR CAGE 11,083 11,083 47 0603461A HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM 180,662 180,662 48 0603606A LANDMINE WARFARE AND BARRIER ADVANCED TECHNOLOGY 22,806 22,806 49 0603607A JOINT SERVICE SMALL ARMS PROGRAM 5,030 5,030 50 0603710A NIGHT VISION ADVANCED TECHNOLOGY 36,407 36,407 51 0603728A ENVIRONMENTAL QUALITY TECHNOLOGY DEMONSTRATIONS 11,745 11,745 52 0603734A MILITARY ENGINEERING ADVANCED TECHNOLOGY 23,717 23,717 53 0603772A ADVANCED TACTICAL COMPUTER SCIENCE AND SENSOR TECHNOLOGY 33,012 33,012 ADVANCED TECHNOLOGY DEVELOPMENT TOTAL 882,106 882,106 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 54 0603305A ARMY MISSLE DEFENSE SYSTEMS INTEGRATION 15,301 15,301 55 0603308A ARMY SPACE SYSTEMS INTEGRATION 13,592 13,592 56 0603619A LANDMINE WARFARE AND BARRIER—ADV DEV 10,625 10,625 58 0603639A TANK AND MEDIUM CALIBER AMMUNITION 30,612 30,612 59 0603653A ADVANCED TANK ARMAMENT SYSTEM (ATAS) 49,989 49,989 60 0603747A SOLDIER SUPPORT AND SURVIVABILITY 6,703 6,703 61 0603766A TACTICAL ELECTRONIC SURVEILLANCE SYSTEM—ADV DEV 6,894 6,894 62 0603774A NIGHT VISION SYSTEMS ADVANCED DEVELOPMENT 9,066 9,066 63 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY—DEM/VAL 2,633 2,633 64 0603782A WARFIGHTER INFORMATION NETWORK-TACTICAL—DEM/VAL 272,384 272,384 65 0603790A NATO RESEARCH AND DEVELOPMENT 3,874 3,874 66 0603801A AVIATION—ADV DEV 5,018 5,018 67 0603804A LOGISTICS AND ENGINEER EQUIPMENT—ADV DEV 11,556 11,556 69 0603807A MEDICAL SYSTEMS—ADV DEV 15,603 15,603 70 0603827A SOLDIER SYSTEMS—ADVANCED DEVELOPMENT 14,159 14,159 71 0603850A INTEGRATED BROADCAST SERVICE 79 79 72 0604115A TECHNOLOGY MATURATION INITIATIVES 55,605 55,605 74 0604319A INDIRECT FIRE PROTECTION CAPABILITY INCREMENT 2–INTERCEPT (IFPC2) 79,232 79,232 75 0604785A INTEGRATED BASE DEFENSE (BUDGET ACTIVITY 4) 4,476 4,476 76 0305205A ENDURANCE UAVS 28,991 0 LEMV termination [–28,991] ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES TOTAL 636,392 607,401 SYSTEM DEVELOPMENT & DEMONSTRATION 77 0604201A AIRCRAFT AVIONICS 76,588 76,588 78 0604220A ARMED, DEPLOYABLE HELOS 73,309 73,309 79 0604270A ELECTRONIC WARFARE DEVELOPMENT 154,621 154,621 80 0604280A JOINT TACTICAL RADIO 31,826 31,826 81 0604290A MID-TIER NETWORKING VEHICULAR RADIO (MNVR) 23,341 23,341 82 0604321A ALL SOURCE ANALYSIS SYSTEM 4,839 4,839 83 0604328A TRACTOR CAGE 23,841 23,841 84 0604601A INFANTRY SUPPORT WEAPONS 79,855 79,855 85 0604604A MEDIUM TACTICAL VEHICLES 2,140 2,140 86 0604611A JAVELIN 5,002 5,002 87 0604622A FAMILY OF HEAVY TACTICAL VEHICLES 21,321 21,321 88 0604633A AIR TRAFFIC CONTROL 514 514 93 0604710A NIGHT VISION SYSTEMS—ENG DEV 43,405 43,405 94 0604713A COMBAT FEEDING, CLOTHING, AND EQUIPMENT 1,939 1,939 95 0604715A NON-SYSTEM TRAINING DEVICES—ENG DEV 18,980 18,980 97 0604741A AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—ENG DEV 18,294 18,294 98 0604742A CONSTRUCTIVE SIMULATION SYSTEMS DEVELOPMENT 17,013 17,013 99 0604746A AUTOMATIC TEST EQUIPMENT DEVELOPMENT 6,701 6,701 100 0604760A DISTRIBUTIVE INTERACTIVE SIMULATIONS (DIS)—ENG DEV 14,575 14,575 101 0604780A COMBINED ARMS TACTICAL TRAINER (CATT) CORE 27,634 27,634 102 0604798A BRIGADE ANALYSIS, INTEGRATION AND EVALUATION 193,748 193,748 103 0604802A WEAPONS AND MUNITIONS—ENG DEV 15,721 15,721 104 0604804A LOGISTICS AND ENGINEER EQUIPMENT—ENG DEV 41,703 41,703 105 0604805A COMMAND, CONTROL, COMMUNICATIONS SYSTEMS—ENG DEV 7,379 7,379 106 0604807A MEDICAL MATERIEL/MEDICAL BIOLOGICAL DEFENSE EQUIPMENT—ENG DEV 39,468 39,468 107 0604808A LANDMINE WARFARE/BARRIER—ENG DEV 92,285 92,285 108 0604814A ARTILLERY MUNITIONS—EMD 8,209 8,209 109 0604818A ARMY TACTICAL COMMAND & CONTROL HARDWARE & SOFTWARE 22,958 22,958 110 0604820A RADAR DEVELOPMENT 1,549 1,549 111 0604822A GENERAL FUND ENTERPRISE BUSINESS SYSTEM (GFEBS) 17,342 227 Excess to requirement [–17,115] 112 0604823A FIREFINDER 47,221 47,221 113 0604827A SOLDIER SYSTEMS—WARRIOR DEM/VAL 48,477 48,477 114 0604854A ARTILLERY SYSTEMS—EMD 80,613 121,313 Transfer from WTCV 6 at Army Request [40,700] 117 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 68,814 68,814 118 0605018A INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPPS-A) 137,290 137,290 119 0605028A ARMORED MULTI-PURPOSE VEHICLE (AMPV) 116,298 116,298 120 0605030A JOINT TACTICAL NETWORK CENTER (JTNC) 68,148 68,148 121 0605380A AMF JOINT TACTICAL RADIO SYSTEM (JTRS) 33,219 33,219 122 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) 15,127 15,127 124 0605456A PAC–3/MSE MISSILE 68,843 68,843 125 0605457A ARMY INTEGRATED AIR AND MISSILE DEFENSE (AIAMD) 364,649 364,649 126 0605625A MANNED GROUND VEHICLE 592,201 592,201 127 0605626A AERIAL COMMON SENSOR 10,382 10,382 128 0605766A NATIONAL CAPABILITIES INTEGRATION (MIP) 21,143 21,143 129 0605812A JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING AND MANUFACTURING DEVELOPMENT PH 84,230 84,230 130 0303032A TROJAN—RH12 3,465 3,465 131 0304270A ELECTRONIC WARFARE DEVELOPMENT 10,806 10,806 SYSTEM DEVELOPMENT & DEMONSTRATION TOTAL 2,857,026 2,880,611 RDT&E MANAGEMENT SUPPORT 132 0604256A THREAT SIMULATOR DEVELOPMENT 16,934 16,934 133 0604258A TARGET SYSTEMS DEVELOPMENT 13,488 13,488 134 0604759A MAJOR T&E INVESTMENT 46,672 46,672 135 0605103A RAND ARROYO CENTER 11,919 11,919 136 0605301A ARMY KWAJALEIN ATOLL 193,658 193,658 137 0605326A CONCEPTS EXPERIMENTATION PROGRAM 37,158 37,158 139 0605601A ARMY TEST RANGES AND FACILITIES 340,659 340,659 140 0605602A ARMY TECHNICAL TEST INSTRUMENTATION AND TARGETS 66,061 66,061 141 0605604A SURVIVABILITY/LETHALITY ANALYSIS 43,280 43,280 143 0605606A AIRCRAFT CERTIFICATION 6,025 6,025 144 0605702A METEOROLOGICAL SUPPORT TO RDT&E ACTIVITIES 7,349 7,349 145 0605706A MATERIEL SYSTEMS ANALYSIS 19,809 19,809 146 0605709A EXPLOITATION OF FOREIGN ITEMS 5,941 5,941 147 0605712A SUPPORT OF OPERATIONAL TESTING 55,504 55,504 148 0605716A ARMY EVALUATION CENTER 65,274 65,274 149 0605718A ARMY MODELING & SIM X-CMD COLLABORATION & INTEG 1,283 1,283 150 0605801A PROGRAMWIDE ACTIVITIES 82,035 82,035 151 0605803A TECHNICAL INFORMATION ACTIVITIES 33,853 38,853 Internet mapping [5,000] 152 0605805A MUNITIONS STANDARDIZATION, EFFECTIVENESS AND SAFETY 53,340 53,340 153 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY MGMT SUPPORT 5,193 5,193 154 0605898A MANAGEMENT HQ—R&D 54,175 54,175 RDT&E MANAGEMENT SUPPORT TOTAL 1,159,610 1,164,610 OPERATIONAL SYSTEMS DEVELOPMENT 156 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM 110,576 110,576 157 0607141A LOGISTICS AUTOMATION 3,717 3,717 159 0607865A PATRIOT PRODUCT IMPROVEMENT 70,053 70,053 160 0102419A AEROSTAT JOINT PROJECT OFFICE 98,450 98,450 161 0203726A ADV FIELD ARTILLERY TACTICAL DATA SYSTEM 30,940 30,940 162 0203735A COMBAT VEHICLE IMPROVEMENT PROGRAMS 177,532 177,532 163 0203740A MANEUVER CONTROL SYSTEM 36,495 36,495 164 0203744A AIRCRAFT MODIFICATIONS/PRODUCT IMPROVEMENT PROGRAMS 257,187 277,171 Transfer from APA 11 at Army request [19,984] 165 0203752A AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM 315 315 166 0203758A DIGITIZATION 6,186 6,186 167 0203801A MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT PROGRAM 1,578 1,578 168 0203802A OTHER MISSILE PRODUCT IMPROVEMENT PROGRAMS 62,100 62,100 169 0203808A TRACTOR CARD 18,778 18,778 170 0208053A JOINT TACTICAL GROUND SYSTEM 7,108 7,108 173 0303028A SECURITY AND INTELLIGENCE ACTIVITIES 7,600 7,600 174 0303140A INFORMATION SYSTEMS SECURITY PROGRAM 9,357 9,357 175 0303141A GLOBAL COMBAT SUPPORT SYSTEM 41,225 41,225 176 0303142A SATCOM GROUND ENVIRONMENT (SPACE) 18,197 18,197 177 0303150A WWMCCS/GLOBAL COMMAND AND CONTROL SYSTEM 14,215 14,215 179 0305204A TACTICAL UNMANNED AERIAL VEHICLES 33,533 33,533 180 0305208A DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 27,622 27,622 181 0305219A MQ–1C GRAY EAGLE UAS 10,901 10,901 182 0305232A RQ–11 UAV 2,321 2,321 183 0305233A RQ–7 UAV 12,031 12,031 185 0307665A BIOMETRICS ENABLED INTELLIGENCE 12,449 12,449 186 0708045A END ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES 56,136 56,136 186A 9999999999 CLASSIFIED PROGRAMS 4,717 4,717 OPERATIONAL SYSTEMS DEVELOPMENT TOTAL 1,131,319 1,151,303 TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY 7,989,102 8,018,680 RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY BASIC RESEARCH 1 0601103N UNIVERSITY RESEARCH INITIATIVES 112,617 112,617 2 0601152N IN-HOUSE LABORATORY INDEPENDENT RESEARCH 18,230 18,230 3 0601153N DEFENSE RESEARCH SCIENCES 484,459 484,459 BASIC RESEARCH TOTAL 615,306 615,306 APPLIED RESEARCH 4 0602114N POWER PROJECTION APPLIED RESEARCH 104,513 104,513 5 0602123N FORCE PROTECTION APPLIED RESEARCH 145,307 145,307 6 0602131M MARINE CORPS LANDING FORCE TECHNOLOGY 47,334 47,334 7 0602235N COMMON PICTURE APPLIED RESEARCH 34,163 34,163 8 0602236N WARFIGHTER SUSTAINMENT APPLIED RESEARCH 49,689 49,689 9 0602271N ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH 97,701 97,701 10 0602435N OCEAN WARFIGHTING ENVIRONMENT APPLIED RESEARCH 45,685 45,685 11 0602651M JOINT NON-LETHAL WEAPONS APPLIED RESEARCH 6,060 6,060 12 0602747N UNDERSEA WARFARE APPLIED RESEARCH 103,050 103,050 13 0602750N FUTURE NAVAL CAPABILITIES APPLIED RESEARCH 169,710 169,710 14 0602782N MINE AND EXPEDITIONARY WARFARE APPLIED RESEARCH 31,326 31,326 APPLIED RESEARCH TOTAL 834,538 834,538 ADVANCED TECHNOLOGY DEVELOPMENT 15 0603114N POWER PROJECTION ADVANCED TECHNOLOGY 48,201 48,201 16 0603123N FORCE PROTECTION ADVANCED TECHNOLOGY 28,328 28,328 19 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED TECHNOLOGY 56,179 56,179 20 0603640M USMC ADVANCED TECHNOLOGY DEMONSTRATION (ATD) 132,400 132,400 21 0603651M JOINT NON-LETHAL WEAPONS TECHNOLOGY DEVELOPMENT 11,854 11,854 22 0603673N FUTURE NAVAL CAPABILITIES ADVANCED TECHNOLOGY DEVELOPMENT 247,931 247,931 23 0603729N WARFIGHTER PROTECTION ADVANCED TECHNOLOGY 4,760 4,760 25 0603758N NAVY WARFIGHTING EXPERIMENTS AND DEMONSTRATIONS 51,463 51,463 26 0603782N MINE AND EXPEDITIONARY WARFARE ADVANCED TECHNOLOGY 2,000 2,000 ADVANCED TECHNOLOGY DEVELOPMENT TOTAL 583,116 583,116 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 27 0603207N AIR/OCEAN TACTICAL APPLICATIONS 42,246 42,246 28 0603216N AVIATION SURVIVABILITY 5,591 5,591 29 0603237N DEPLOYABLE JOINT COMMAND AND CONTROL 3,262 3,262 30 0603251N AIRCRAFT SYSTEMS 74 74 31 0603254N ASW SYSTEMS DEVELOPMENT 7,964 7,964 32 0603261N TACTICAL AIRBORNE RECONNAISSANCE 5,257 5,257 33 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY 1,570 1,570 34 0603502N SURFACE AND SHALLOW WATER MINE COUNTERMEASURES 168,040 168,040 35 0603506N SURFACE SHIP TORPEDO DEFENSE 88,649 88,649 36 0603512N CARRIER SYSTEMS DEVELOPMENT 83,902 83,902 37 0603525N PILOT FISH 108,713 108,713 38 0603527N RETRACT LARCH 9,316 9,316 39 0603536N RETRACT JUNIPER 77,108 77,108 40 0603542N RADIOLOGICAL CONTROL 762 762 41 0603553N SURFACE ASW 2,349 2,349 42 0603561N ADVANCED SUBMARINE SYSTEM DEVELOPMENT 852,977 852,977 43 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS 8,764 8,764 44 0603563N SHIP CONCEPT ADVANCED DESIGN 20,501 20,501 45 0603564N SHIP PRELIMINARY DESIGN & FEASIBILITY STUDIES 27,052 27,052 46 0603570N ADVANCED NUCLEAR POWER SYSTEMS 428,933 428,933 47 0603573N ADVANCED SURFACE MACHINERY SYSTEMS 27,154 27,154 48 0603576N CHALK EAGLE 519,140 519,140 49 0603581N LITTORAL COMBAT SHIP (LCS) 406,389 406,389 50 0603582N COMBAT SYSTEM INTEGRATION 36,570 36,570 51 0603609N CONVENTIONAL MUNITIONS 8,404 8,404 52 0603611M MARINE CORPS ASSAULT VEHICLES 136,967 136,967 53 0603635M MARINE CORPS GROUND COMBAT/SUPPORT SYSTEM 1,489 1,489 54 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT 38,422 38,422 55 0603658N COOPERATIVE ENGAGEMENT 69,312 69,312 56 0603713N OCEAN ENGINEERING TECHNOLOGY DEVELOPMENT 9,196 9,196 57 0603721N ENVIRONMENTAL PROTECTION 18,850 18,850 58 0603724N NAVY ENERGY PROGRAM 45,618 45,618 59 0603725N FACILITIES IMPROVEMENT 3,019 3,019 60 0603734N CHALK CORAL 144,951 144,951 61 0603739N NAVY LOGISTIC PRODUCTIVITY 5,797 5,797 62 0603746N RETRACT MAPLE 308,131 308,131 63 0603748N LINK PLUMERIA 195,189 195,189 64 0603751N RETRACT ELM 56,358 56,358 65 0603764N LINK EVERGREEN 55,378 55,378 66 0603787N SPECIAL PROCESSES 48,842 48,842 67 0603790N NATO RESEARCH AND DEVELOPMENT 7,509 7,509 68 0603795N LAND ATTACK TECHNOLOGY 5,075 5,075 69 0603851M JOINT NON-LETHAL WEAPONS TESTING 51,178 51,178 70 0603860N JOINT PRECISION APPROACH AND LANDING SYSTEMS—DEM/VAL 205,615 205,615 72 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES (TADIRCM) 37,227 37,227 73 0604279N ASE SELF-PROTECTION OPTIMIZATION 169 169 74 0604653N JOINT COUNTER RADIO CONTROLLED IED ELECTRONIC WARFARE (JCREW) 20,874 20,874 75 0604659N PRECISION STRIKE WEAPONS DEVELOPMENT PROGRAM 2,257 2,257 76 0604707N SPACE AND ELECTRONIC WARFARE (SEW) ARCHITECTURE/ENGINEERING SUPPORT 38,327 38,327 77 0604786N OFFENSIVE ANTI-SURFACE WARFARE WEAPON DEVELOPMENT 135,985 35,985 Adjust program to more realistic schedule [–100,000] 78 0605812M JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING AND MANUFACTURING DEVELOPMENT PH 50,362 50,362 79 0303354N ASW SYSTEMS DEVELOPMENT—MIP 8,448 8,448 80 0304270N ELECTRONIC WARFARE DEVELOPMENT—MIP 153 153 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES TOTAL 4,641,385 4,541,385 SYSTEM DEVELOPMENT & DEMONSTRATION 81 0604212N OTHER HELO DEVELOPMENT 40,558 40,558 82 0604214N AV–8B AIRCRAFT—ENG DEV 35,825 35,825 83 0604215N STANDARDS DEVELOPMENT 99,891 99,891 84 0604216N MULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT 17,565 17,565 85 0604218N AIR/OCEAN EQUIPMENT ENGINEERING 4,026 4,026 86 0604221N P–3 MODERNIZATION PROGRAM 1,791 1,791 87 0604230N WARFARE SUPPORT SYSTEM 11,725 11,725 88 0604231N TACTICAL COMMAND SYSTEM 68,463 68,463 89 0604234N ADVANCED HAWKEYE 152,041 152,041 90 0604245N H–1 UPGRADES 47,123 47,123 91 0604261N ACOUSTIC SEARCH SENSORS 30,208 30,208 92 0604262N V–22A 43,084 43,084 93 0604264N AIR CREW SYSTEMS DEVELOPMENT 11,401 11,401 94 0604269N EA–18 11,138 11,138 95 0604270N ELECTRONIC WARFARE DEVELOPMENT 34,964 34,964 96 0604273N VH–71A EXECUTIVE HELO DEVELOPMENT 94,238 94,238 97 0604274N NEXT GENERATION JAMMER (NGJ) 257,796 257,796 98 0604280N JOINT TACTICAL RADIO SYSTEM—NAVY (JTRS-NAVY) 3,302 3,302 99 0604307N SURFACE COMBATANT COMBAT SYSTEM ENGINEERING 240,298 240,298 100 0604311N LPD–17 CLASS SYSTEMS INTEGRATION 1,214 1,214 101 0604329N SMALL DIAMETER BOMB (SDB) 46,007 46,007 102 0604366N STANDARD MISSILE IMPROVEMENTS 75,592 75,592 103 0604373N AIRBORNE MCM 117,854 117,854 104 0604376M MARINE AIR GROUND TASK FORCE (MAGTF) ELECTRONIC WARFARE (EW) FOR AVIATION 10,080 10,080 105 0604378N NAVAL INTEGRATED FIRE CONTROL—COUNTER AIR SYSTEMS ENGINEERING 21,413 21,413 106 0604404N UNMANNED CARRIER LAUNCHED AIRBORNE SURVEILLANCE AND STRIKE (UCLASS) SYSTEM 146,683 146,683 107 0604501N ADVANCED ABOVE WATER SENSORS 275,871 275,871 108 0604503N SSN–688 AND TRIDENT MODERNIZATION 89,672 89,672 109 0604504N AIR CONTROL 13,754 13,754 110 0604512N SHIPBOARD AVIATION SYSTEMS 69,615 69,615 112 0604558N NEW DESIGN SSN 121,566 121,566 113 0604562N SUBMARINE TACTICAL WARFARE SYSTEM 49,143 49,143 114 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE T&E 155,254 175,254 Increased LHA–8 design efforts [20,000] 115 0604574N NAVY TACTICAL COMPUTER RESOURCES 3,689 3,689 116 0604601N MINE DEVELOPMENT 5,041 5,041 117 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT 26,444 26,444 118 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT 8,897 8,897 119 0604703N PERSONNEL, TRAINING, SIMULATION, AND HUMAN FACTORS 6,233 6,233 120 0604727N JOINT STANDOFF WEAPON SYSTEMS 442 442 121 0604755N SHIP SELF DEFENSE (DETECT & CONTROL) 130,360 130,360 122 0604756N SHIP SELF DEFENSE (ENGAGE: HARD KILL) 50,209 50,209 123 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW) 164,799 164,799 124 0604761N INTELLIGENCE ENGINEERING 1,984 1,984 125 0604771N MEDICAL DEVELOPMENT 9,458 9,458 126 0604777N NAVIGATION/ID SYSTEM 51,430 51,430 127 0604800M JOINT STRIKE FIGHTER (JSF)—EMD 512,631 512,631 128 0604800N JOINT STRIKE FIGHTER (JSF)—EMD 534,187 534,187 129 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 5,564 5,564 130 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 69,659 69,659 132 0605212N CH–53K RDTE 503,180 503,180 133 0605450N JOINT AIR-TO-GROUND MISSILE (JAGM) 5,500 5,500 134 0605500N MULTI-MISSION MARITIME AIRCRAFT (MMA) 317,358 317,358 135 0204202N DDG–1000 187,910 187,910 136 0304231N TACTICAL COMMAND SYSTEM—MIP 2,140 2,140 137 0304785N TACTICAL CRYPTOLOGIC SYSTEMS 9,406 9,406 138 0305124N SPECIAL APPLICATIONS PROGRAM 22,800 22,800 SYSTEM DEVELOPMENT & DEMONSTRATION TOTAL 5,028,476 5,048,476 MANAGEMENT SUPPORT 139 0604256N THREAT SIMULATOR DEVELOPMENT 43,261 43,261 140 0604258N TARGET SYSTEMS DEVELOPMENT 71,872 71,872 141 0604759N MAJOR T&E INVESTMENT 38,033 38,033 142 0605126N JOINT THEATER AIR AND MISSILE DEFENSE ORGANIZATION 1,352 1,352 143 0605152N STUDIES AND ANALYSIS SUPPORT—NAVY 5,566 5,566 144 0605154N CENTER FOR NAVAL ANALYSES 48,345 48,345 146 0605804N TECHNICAL INFORMATION SERVICES 637 637 147 0605853N MANAGEMENT, TECHNICAL & INTERNATIONAL SUPPORT 76,585 76,585 148 0605856N STRATEGIC TECHNICAL SUPPORT 3,221 3,221 149 0605861N RDT&E SCIENCE AND TECHNOLOGY MANAGEMENT 72,725 72,725 150 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT 141,778 141,778 151 0605864N TEST AND EVALUATION SUPPORT 331,219 331,219 152 0605865N OPERATIONAL TEST AND EVALUATION CAPABILITY 16,565 16,565 153 0605866N NAVY SPACE AND ELECTRONIC WARFARE (SEW) SUPPORT 3,265 3,265 154 0605867N SEW SURVEILLANCE/RECONNAISSANCE SUPPORT 7,134 7,134 155 0605873M MARINE CORPS PROGRAM WIDE SUPPORT 24,082 24,082 156 0305885N TACTICAL CRYPTOLOGIC ACTIVITIES 497 497 MANAGEMENT SUPPORT TOTAL 886,137 886,137 OPERATIONAL SYSTEMS DEVELOPMENT 159 0604227N HARPOON MODIFICATIONS 699 699 160 0604402N UNMANNED COMBAT AIR VEHICLE (UCAV) ADVANCED COMPONENT AND PROTOTYPE DEVELOPMENT 20,961 20,961 162 0604766M MARINE CORPS DATA SYSTEMS 35 35 163 0605525N CARRIER ONBOARD DELIVERY (COD) FOLLOW ON 2,460 2,460 164 0605555N STRIKE WEAPONS DEVELOPMENT 9,757 9,757 165 0101221N STRATEGIC SUB & WEAPONS SYSTEM SUPPORT 98,057 98,057 166 0101224N SSBN SECURITY TECHNOLOGY PROGRAM 31,768 31,768 167 0101226N SUBMARINE ACOUSTIC WARFARE DEVELOPMENT 1,464 1,464 168 0101402N NAVY STRATEGIC COMMUNICATIONS 21,729 21,729 169 0203761N RAPID TECHNOLOGY TRANSITION (RTT) 13,561 13,561 170 0204136N F/A–18 SQUADRONS 131,118 131,118 171 0204152N E–2 SQUADRONS 1,971 1,971 172 0204163N FLEET TELECOMMUNICATIONS (TACTICAL) 46,155 46,155 173 0204228N SURFACE SUPPORT 2,374 2,374 174 0204229N TOMAHAWK AND TOMAHAWK MISSION PLANNING CENTER (TMPC) 12,407 12,407 175 0204311N INTEGRATED SURVEILLANCE SYSTEM 41,609 41,609 176 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS (DISPLACEMENT CRAFT) 7,240 7,240 177 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ATOR) 78,208 78,208 178 0204571N CONSOLIDATED TRAINING SYSTEMS DEVELOPMENT 45,124 45,124 179 0204574N CRYPTOLOGIC DIRECT SUPPORT 2,703 2,703 180 0204575N ELECTRONIC WARFARE (EW) READINESS SUPPORT 19,563 19,563 181 0205601N HARM IMPROVEMENT 13,586 13,586 182 0205604N TACTICAL DATA LINKS 197,538 197,538 183 0205620N SURFACE ASW COMBAT SYSTEM INTEGRATION 31,863 31,863 184 0205632N MK–48 ADCAP 12,806 12,806 185 0205633N AVIATION IMPROVEMENTS 88,607 88,607 187 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS 116,928 116,928 188 0206313M MARINE CORPS COMMUNICATIONS SYSTEMS 178,753 178,753 189 0206623M MARINE CORPS GROUND COMBAT/SUPPORTING ARMS SYSTEMS 139,594 118,719 Marine Personnel Carrier program deferred [–20,875] 190 0206624M MARINE CORPS COMBAT SERVICES SUPPORT 42,647 42,647 191 0206625M USMC INTELLIGENCE/ELECTRONIC WARFARE SYSTEMS (MIP) 34,394 34,394 192 0207161N TACTICAL AIM MISSILES 39,159 39,159 193 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) 2,613 2,613 194 0208058N JOINT HIGH SPEED VESSEL (JHSV) 986 986 199 0303109N SATELLITE COMMUNICATIONS (SPACE) 66,231 66,231 200 0303138N CONSOLIDATED AFLOAT NETWORK ENTERPRISE SERVICES (CANES) 24,476 24,476 201 0303140N INFORMATION SYSTEMS SECURITY PROGRAM 23,531 23,531 206 0305160N NAVY METEOROLOGICAL AND OCEAN SENSORS-SPACE (METOC) 742 742 207 0305192N MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVITIES 4,804 4,804 208 0305204N TACTICAL UNMANNED AERIAL VEHICLES 8,381 8,381 211 0305208M DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 5,535 5,535 212 0305208N DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 19,718 19,718 213 0305220N RQ–4 UAV 375,235 375,235 214 0305231N MQ–8 UAV 48,713 48,713 215 0305232M RQ–11 UAV 102 102 216 0305233N RQ–7 UAV 710 710 217 0305234N SMALL (LEVEL 0) TACTICAL UAS (STUASL0) 5,013 5,013 219 0305239M RQ–21A 11,122 11,122 220 0305241N MULTI-INTELLIGENCE SENSOR DEVELOPMENT 28,851 28,851 221 0308601N MODELING AND SIMULATION SUPPORT 5,116 5,116 222 0702207N DEPOT MAINTENANCE (NON-IF) 28,042 28,042 223 0708011N INDUSTRIAL PREPAREDNESS 50,933 50,933 224 0708730N MARITIME TECHNOLOGY (MARITECH) 4,998 4,998 224A 9999999999 CLASSIFIED PROGRAMS 1,185,132 1,185,132 OPERATIONAL SYSTEMS DEVELOPMENT TOTAL 3,385,822 3,364,947 TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY 15,974,780 15,873,905 RESEARCH, DEVELOPMENT, TEST & EVAL, AF BASIC RESEARCH 1 0601102F DEFENSE RESEARCH SCIENCES 373,151 373,151 2 0601103F UNIVERSITY RESEARCH INITIATIVES 138,333 138,333 3 0601108F HIGH ENERGY LASER RESEARCH INITIATIVES 13,286 13,286 BASIC RESEARCH TOTAL 524,770 524,770 APPLIED RESEARCH 4 0602102F MATERIALS 116,846 116,846 5 0602201F AEROSPACE VEHICLE TECHNOLOGIES 119,672 119,672 6 0602202F HUMAN EFFECTIVENESS APPLIED RESEARCH 89,483 89,483 7 0602203F AEROSPACE PROPULSION 197,546 197,546 8 0602204F AEROSPACE SENSORS 127,539 127,539 9 0602601F SPACE TECHNOLOGY 104,063 104,063 10 0602602F CONVENTIONAL MUNITIONS 81,521 81,521 11 0602605F DIRECTED ENERGY TECHNOLOGY 112,845 112,845 12 0602788F DOMINANT INFORMATION SCIENCES AND METHODS 138,161 138,161 13 0602890F HIGH ENERGY LASER RESEARCH 40,217 40,217 APPLIED RESEARCH TOTAL 1,127,893 1,127,893 ADVANCED TECHNOLOGY DEVELOPMENT 14 0603112F ADVANCED MATERIALS FOR WEAPON SYSTEMS 39,572 39,572 15 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY (S&T) 12,800 12,800 16 0603203F ADVANCED AEROSPACE SENSORS 30,579 30,579 17 0603211F AEROSPACE TECHNOLOGY DEV/DEMO 77,347 77,347 18 0603216F AEROSPACE PROPULSION AND POWER TECHNOLOGY 149,321 149,321 19 0603270F ELECTRONIC COMBAT TECHNOLOGY 49,128 49,128 20 0603401F ADVANCED SPACECRAFT TECHNOLOGY 68,071 68,071 21 0603444F MAUI SPACE SURVEILLANCE SYSTEM (MSSS) 26,299 26,299 22 0603456F HUMAN EFFECTIVENESS ADVANCED TECHNOLOGY DEVELOPMENT 20,967 20,967 23 0603601F CONVENTIONAL WEAPONS TECHNOLOGY 33,996 33,996 24 0603605F ADVANCED WEAPONS TECHNOLOGY 19,000 19,000 25 0603680F MANUFACTURING TECHNOLOGY PROGRAM 41,353 41,353 26 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT AND DEMONSTRATION 49,093 49,093 ADVANCED TECHNOLOGY DEVELOPMENT TOTAL 617,526 617,526 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 28 0603260F INTELLIGENCE ADVANCED DEVELOPMENT 3,983 3,983 29 0603287F PHYSICAL SECURITY EQUIPMENT 3,874 3,874 32 0603438F SPACE CONTROL TECHNOLOGY 27,024 27,024 33 0603742F COMBAT IDENTIFICATION TECHNOLOGY 15,899 15,899 34 0603790F NATO RESEARCH AND DEVELOPMENT 4,568 4,568 35 0603791F INTERNATIONAL SPACE COOPERATIVE R&D 379 379 36 0603830F SPACE PROTECTION PROGRAM (SPP) 28,764 28,764 38 0603851F INTERCONTINENTAL BALLISTIC MISSILE—DEM/VAL 86,737 86,737 40 0603859F POLLUTION PREVENTION—DEM/VAL 953 953 42 0604015F LONG RANGE STRIKE 379,437 379,437 44 0604317F TECHNOLOGY TRANSFER 2,606 2,606 45 0604327F HARD AND DEEPLY BURIED TARGET DEFEAT SYSTEM (HDBTDS) PROGRAM 103 103 47 0604337F REQUIREMENTS ANALYSIS AND MATURATION 16,018 16,018 49 0604458F AIR & SPACE OPS CENTER 58,861 58,861 50 0604618F JOINT DIRECT ATTACK MUNITION 2,500 2,500 51 0604635F GROUND ATTACK WEAPONS FUZE DEVELOPMENT 21,175 21,175 52 0604857F OPERATIONALLY RESPONSIVE SPACE 0 10,000 Program increase [10,000] 53 0604858F TECH TRANSITION PROGRAM 13,636 13,636 54 0105921F SERVICE SUPPORT TO STRATCOM—SPACE ACTIVITIES 2,799 2,799 55 0207455F THREE DIMENSIONAL LONG-RANGE RADAR (3DELRR) 70,160 70,160 56 0305164F NAVSTAR GLOBAL POSITIONING SYSTEM (USER EQUIPMENT) (SPACE) 137,233 137,233 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES TOTAL 876,709 886,709 SYSTEM DEVELOPMENT & DEMONSTRATION 58 0603260F INTELLIGENCE ADVANCED DEVELOPMENT 977 977 61 0604233F SPECIALIZED UNDERGRADUATE FLIGHT TRAINING 3,601 3,601 62 0604270F ELECTRONIC WARFARE DEVELOPMENT 1,971 1,971 64 0604281F TACTICAL DATA NETWORKS ENTERPRISE 51,456 36,256 Unjustified request [–15,200] 65 0604287F PHYSICAL SECURITY EQUIPMENT 50 50 66 0604329F SMALL DIAMETER BOMB (SDB)—EMD 115,000 115,000 67 0604421F COUNTERSPACE SYSTEMS 23,930 23,930 68 0604425F SPACE SITUATION AWARENESS SYSTEMS 400,258 400,258 69 0604429F AIRBORNE ELECTRONIC ATTACK 4,575 4,575 70 0604441F SPACE BASED INFRARED SYSTEM (SBIRS) HIGH EMD 352,532 352,532 71 0604602F ARMAMENT/ORDNANCE DEVELOPMENT 16,284 16,284 72 0604604F SUBMUNITIONS 2,564 2,564 73 0604617F AGILE COMBAT SUPPORT 17,036 17,036 74 0604706F LIFE SUPPORT SYSTEMS 7,273 7,273 75 0604735F COMBAT TRAINING RANGES 33,200 33,200 78 0604800F F–35—EMD 816,335 816,335 79 0604851F INTERCONTINENTAL BALLISTIC MISSILE—EMD 145,442 145,442 80 0604853F EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM (SPACE)—EMD 27,963 27,963 81 0604932F LONG RANGE STANDOFF WEAPON 5,000 5,000 82 0604933F ICBM FUZE MODERNIZATION 129,411 129,411 83 0605213F F–22 MODERNIZATION INCREMENT 3.2B 131,100 131,100 84 0605221F KC–46 1,558,590 1,558,590 85 0605229F CSAR HH–60 RECAPITALIZATION 393,558 393,558 86 0605278F HC/MC–130 RECAP RDT&E 6,242 6,242 87 0605431F ADVANCED EHF MILSATCOM (SPACE) 272,872 272,872 88 0605432F POLAR MILSATCOM (SPACE) 124,805 124,805 89 0605433F WIDEBAND GLOBAL SATCOM (SPACE) 13,948 13,948 90 0605931F B–2 DEFENSIVE MANAGEMENT SYSTEM 303,500 303,500 91 0101125F NUCLEAR WEAPONS MODERNIZATION 67,874 67,874 94 0207701F FULL COMBAT MISSION TRAINING 4,663 4,663 97 0401318F CV–22 46,705 46,705 SYSTEM DEVELOPMENT & DEMONSTRATION TOTAL 5,078,715 5,063,515 MANAGEMENT SUPPORT 99 0604256F THREAT SIMULATOR DEVELOPMENT 17,690 17,690 100 0604759F MAJOR T&E INVESTMENT 34,841 34,841 101 0605101F RAND PROJECT AIR FORCE 32,956 32,956 103 0605712F INITIAL OPERATIONAL TEST & EVALUATION 13,610 13,610 104 0605807F TEST AND EVALUATION SUPPORT 742,658 742,658 105 0605860F ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) 14,203 14,203 106 0605864F SPACE TEST PROGRAM (STP) 13,000 13,000 107 0605976F FACILITIES RESTORATION AND MODERNIZATION—TEST AND EVALUATION SUPPORT 44,160 44,160 108 0605978F FACILITIES SUSTAINMENT—TEST AND EVALUATION SUPPORT 27,643 27,643 109 0606323F MULTI-SERVICE SYSTEMS ENGINEERING INITIATIVE 13,935 13,935 110 0606392F SPACE AND MISSILE CENTER (SMC) CIVILIAN WORKFORCE 192,348 192,348 111 0702806F ACQUISITION AND MANAGEMENT SUPPORT 28,647 28,647 112 0804731F GENERAL SKILL TRAINING 315 315 114 1001004F INTERNATIONAL ACTIVITIES 3,785 3,785 MANAGEMENT SUPPORT TOTAL 1,179,791 1,179,791 OPERATIONAL SYSTEMS DEVELOPMENT 115 0603423F GLOBAL POSITIONING SYSTEM III—OPERATIONAL CONTROL SEGMENT 383,500 383,500 117 0604445F WIDE AREA SURVEILLANCE 5,000 5,000 118 0605018F AF INTEGRATED PERSONNEL AND PAY SYSTEM (AF-IPPS) 90,097 90,097 119 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY 32,086 32,086 121 0101113F B–52 SQUADRONS 24,007 24,007 122 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) 450 450 123 0101126F B–1B SQUADRONS 19,589 19,589 124 0101127F B–2 SQUADRONS 100,194 100,194 125 0101313F STRAT WAR PLANNING SYSTEM—USSTRATCOM 37,448 37,448 128 0102326F REGION/SECTOR OPERATION CONTROL CENTER MODERNIZATION PROGRAM 1,700 1,700 130 0203761F WARFIGHTER RAPID ACQUISITION PROCESS (WRAP) RAPID TRANSITION FUND 3,844 3,844 131 0205219F MQ–9 UAV 128,328 128,328 133 0207131F A–10 SQUADRONS 9,614 9,614 134 0207133F F–16 SQUADRONS 177,298 177,298 135 0207134F F–15E SQUADRONS 244,289 244,289 136 0207136F MANNED DESTRUCTIVE SUPPRESSION 13,138 13,138 137 0207138F F–22A SQUADRONS 328,542 328,542 138 0207142F F–35 SQUADRONS 33,000 33,000 139 0207161F TACTICAL AIM MISSILES 15,460 15,460 140 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) 84,172 84,172 142 0207224F COMBAT RESCUE AND RECOVERY 2,582 2,582 143 0207227F COMBAT RESCUE—PARARESCUE 542 542 144 0207247F AF TENCAP 89,816 13,016 Reduction fighter communications POD [–76,800] 145 0207249F PRECISION ATTACK SYSTEMS PROCUREMENT 1,075 1,075 146 0207253F COMPASS CALL 10,782 10,782 147 0207268F AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM 139,369 139,369 149 0207325F JOINT AIR-TO-SURFACE STANDOFF MISSILE (JASSM) 6,373 6,373 150 0207410F AIR & SPACE OPERATIONS CENTER (AOC) 22,820 22,820 151 0207412F CONTROL AND REPORTING CENTER (CRC) 7,029 7,029 152 0207417F AIRBORNE WARNING AND CONTROL SYSTEM (AWACS) 186,256 186,256 153 0207418F TACTICAL AIRBORNE CONTROL SYSTEMS 743 743 156 0207431F COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES 4,471 4,471 158 0207444F TACTICAL AIR CONTROL PARTY-MOD 10,250 10,250 159 0207448F C2ISR TACTICAL DATA LINK 1,431 1,431 160 0207449F COMMAND AND CONTROL (C2) CONSTELLATION 7,329 7,329 161 0207452F DCAPES 15,081 15,081 162 0207581F JOINT SURVEILLANCE/TARGET ATTACK RADAR SYSTEM (JSTARS) 13,248 23,148 Continue T–3 testing operations [9,900] 163 0207590F SEEK EAGLE 24,342 24,342 164 0207601F USAF MODELING AND SIMULATION 10,448 10,448 165 0207605F WARGAMING AND SIMULATION CENTERS 5,512 5,512 166 0207697F DISTRIBUTED TRAINING AND EXERCISES 3,301 3,301 167 0208006F MISSION PLANNING SYSTEMS 62,605 62,605 169 0208059F CYBER COMMAND ACTIVITIES 68,099 68,099 170 0208087F AF OFFENSIVE CYBERSPACE OPERATIONS 14,047 14,047 171 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS 5,853 5,853 179 0301400F SPACE SUPERIORITY INTELLIGENCE 12,197 12,197 180 0302015F E–4B NATIONAL AIRBORNE OPERATIONS CENTER (NAOC) 18,267 18,267 181 0303131F MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN) 36,288 36,288 182 0303140F INFORMATION SYSTEMS SECURITY PROGRAM 90,231 100,231 ASACoE program [10,000] 183 0303141F GLOBAL COMBAT SUPPORT SYSTEM 725 725 185 0303601F MILSATCOM TERMINALS 140,170 140,170 187 0304260F AIRBORNE SIGINT ENTERPRISE 117,110 117,110 190 0305099F GLOBAL AIR TRAFFIC MANAGEMENT (GATM) 4,430 4,430 191 0305103F CYBER SECURITY INITIATIVE 2,048 2,048 192 0305105F DOD CYBER CRIME CENTER 288 288 193 0305110F SATELLITE CONTROL NETWORK (SPACE) 35,698 35,698 194 0305111F WEATHER SERVICE 24,667 24,667 195 0305114F AIR TRAFFIC CONTROL, APPROACH, AND LANDING SYSTEM (ATCALS) 35,674 35,674 196 0305116F AERIAL TARGETS 21,186 21,186 199 0305128F SECURITY AND INVESTIGATIVE ACTIVITIES 195 195 200 0305145F ARMS CONTROL IMPLEMENTATION 1,430 1,430 201 0305146F DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES 330 330 206 0305173F SPACE AND MISSILE TEST AND EVALUATION CENTER 3,696 3,696 207 0305174F SPACE INNOVATION, INTEGRATION AND RAPID TECHNOLOGY DEVELOPMENT 2,469 2,469 208 0305179F INTEGRATED BROADCAST SERVICE (IBS) 8,289 8,289 209 0305182F SPACELIFT RANGE SYSTEM (SPACE) 13,345 13,345 211 0305202F DRAGON U–2 18,700 18,700 212 0305205F ENDURANCE UNMANNED AERIAL VEHICLES 3,000 3,000 213 0305206F AIRBORNE RECONNAISSANCE SYSTEMS 37,828 50,328 Blue Devil Replacement WAMI/NVDF [15,000] Unjustified amount [–2,500] 214 0305207F MANNED RECONNAISSANCE SYSTEMS 13,491 13,491 215 0305208F DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 7,498 7,498 216 0305219F MQ–1 PREDATOR A UAV 3,326 3,326 217 0305220F RQ–4 UAV 134,406 134,406 218 0305221F NETWORK-CENTRIC COLLABORATIVE TARGETING 7,413 7,413 219 0305236F COMMON DATA LINK (CDL) 40,503 40,503 220 0305238F NATO AGS 264,134 264,134 221 0305240F SUPPORT TO DCGS ENTERPRISE 23,016 23,016 222 0305265F GPS III SPACE SEGMENT 221,276 221,276 223 0305614F JSPOC MISSION SYSTEM 58,523 58,523 224 0305881F RAPID CYBER ACQUISITION 2,218 2,218 226 0305913F NUDET DETECTION SYSTEM (SPACE) 50,547 50,547 227 0305940F SPACE SITUATION AWARENESS OPERATIONS 18,807 18,807 229 0308699F SHARED EARLY WARNING (SEW) 1,079 1,079 230 0401115F C–130 AIRLIFT SQUADRON 400 400 231 0401119F C–5 AIRLIFT SQUADRONS (IF) 61,492 61,492 232 0401130F C–17 AIRCRAFT (IF) 109,134 109,134 233 0401132F C–130J PROGRAM 22,443 22,443 234 0401134F LARGE AIRCRAFT IR COUNTERMEASURES (LAIRCM) 4,116 4,116 238 0401314F OPERATIONAL SUPPORT AIRLIFT 44,553 44,553 239 0408011F SPECIAL TACTICS / COMBAT CONTROL 6,213 6,213 240 0702207F DEPOT MAINTENANCE (NON-IF) 1,605 1,605 242 0708610F LOGISTICS INFORMATION TECHNOLOGY (LOGIT) 95,238 95,238 243 0708611F SUPPORT SYSTEMS DEVELOPMENT 10,925 10,925 244 0804743F OTHER FLIGHT TRAINING 1,347 1,347 245 0808716F OTHER PERSONNEL ACTIVITIES 65 65 246 0901202F JOINT PERSONNEL RECOVERY AGENCY 1,083 1,083 247 0901218F CIVILIAN COMPENSATION PROGRAM 1,577 1,577 248 0901220F PERSONNEL ADMINISTRATION 5,990 5,990 249 0901226F AIR FORCE STUDIES AND ANALYSIS AGENCY 786 786 250 0901279F FACILITIES OPERATION—ADMINISTRATIVE 654 654 251 0901538F FINANCIAL MANAGEMENT INFORMATION SYSTEMS DEVELOPMENT 135,735 135,735 251A 9999999999 CLASSIFIED PROGRAMS 11,874,528 11,874,528 Reduction to classified program [–70,000] Increase to classified program [70,000] OPERATIONAL SYSTEMS DEVELOPMENT TOTAL 16,297,542 16,253,142 TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, AF 25,702,946 25,653,346 RESEARCH, DEVELOPMENT, TEST & EVAL, DW BASIC RESEARCH 1 0601000BR DTRA BASIC RESEARCH INITIATIVE 45,837 45,837 2 0601101E DEFENSE RESEARCH SCIENCES 315,033 315,033 3 0601110D8Z BASIC RESEARCH INITIATIVES 11,171 11,171 4 0601117E BASIC OPERATIONAL MEDICAL RESEARCH SCIENCE 49,500 49,500 5 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 84,271 84,271 6 0601228D8Z HISTORICALLY BLACK COLLEGES AND UNIVERSITIES/MINORITY INSTITUTIONS 30,895 30,895 7 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 51,426 51,426 BASIC RESEARCH TOTAL 588,133 588,133 APPLIED RESEARCH 8 0602000D8Z JOINT MUNITIONS TECHNOLOGY 20,065 20,065 9 0602115E BIOMEDICAL TECHNOLOGY 114,790 114,790 11 0602234D8Z LINCOLN LABORATORY RESEARCH PROGRAM 46,875 41,875 MIT LL reduction [–5,000] 13 0602251D8Z APPLIED RESEARCH FOR THE ADVANCEMENT OF S&T PRIORITIES 45,000 30,000 PSC S&T reduction [–15,000] 14 0602303E INFORMATION & COMMUNICATIONS TECHNOLOGY 413,260 418,260 Plan X increase [5,000] 15 0602304E COGNITIVE COMPUTING SYSTEMS 16,330 16,330 17 0602383E BIOLOGICAL WARFARE DEFENSE 24,537 24,537 18 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 227,065 227,065 20 0602668D8Z CYBER SECURITY RESEARCH 18,908 18,908 Assuring effective missions [–2,000] Automated software analysis tools [2,000] 21 0602670D8Z HUMAN, SOCIAL AND CULTURE BEHAVIOR MODELING (HSCB) APPLIED RESEARCH 0 5,000 HSCB Apl Res extension [5,000] 22 0602702E TACTICAL TECHNOLOGY 225,977 225,977 23 0602715E MATERIALS AND BIOLOGICAL TECHNOLOGY 166,654 166,654 24 0602716E ELECTRONICS TECHNOLOGY 243,469 243,469 25 0602718BR WEAPONS OF MASS DESTRUCTION DEFEAT TECHNOLOGIES 175,282 175,282 26 0602751D8Z SOFTWARE ENGINEERING INSTITUTE (SEI) APPLIED RESEARCH 11,107 11,107 27 1160401BB SPECIAL OPERATIONS TECHNOLOGY DEVELOPMENT 29,246 29,246 APPLIED RESEARCH TOTAL 1,778,565 1,768,565 ADVANCED TECHNOLOGY DEVELOPMENT 28 0603000D8Z JOINT MUNITIONS ADVANCED TECHNOLOGY 26,646 26,646 29 0603121D8Z SO/LIC ADVANCED DEVELOPMENT 19,420 19,420 30 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT 77,792 60,792 Reduction due to redundancy [–17,000] 31 0603160BR COUNTERPROLIFERATION INITIATIVES—PROLIFERATION PREVENTION AND DEFEAT 274,033 274,033 32 0603175C BALLISTIC MISSILE DEFENSE TECHNOLOGY 309,203 279,203 Directed energy—DPALS [–5,000] Advanced Technology—unsustainable growth [–25,000] 34 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY DEVELOPMENT 19,305 19,305 35 0603264S AGILE TRANSPORTATION FOR THE 21ST CENTURY (AT21)—THEATER CAPABILITY 7,565 7,565 36 0603274C SPECIAL PROGRAM—MDA TECHNOLOGY 40,426 40,426 37 0603286E ADVANCED AEROSPACE SYSTEMS 149,804 149,804 38 0603287E SPACE PROGRAMS AND TECHNOLOGY 172,546 172,546 39 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED DEVELOPMENT 170,847 170,847 40 0603618D8Z JOINT ELECTRONIC ADVANCED TECHNOLOGY 9,009 9,009 41 0603648D8Z JOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS 174,428 164,428 JCTD reduction [–10,000] 42 0603662D8Z NETWORKED COMMUNICATIONS CAPABILITIES 20,000 5,000 Net Comm reduction [–15,000] 45 0603668D8Z CYBER SECURITY ADVANCED RESEARCH 19,668 19,668 Assuring effective missions [–3,000] Automated software analysis tools [3,000] 46 0603670D8Z HUMAN, SOCIAL AND CULTURE BEHAVIOR MODELING (HSCB) ADVANCED RESEARCH 0 5,000 HSCB Adv Dev extension [5,000] 47 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM 34,041 59,041 IBIF [25,000] 48 0603699D8Z EMERGING CAPABILITIES TECHNOLOGY DEVELOPMENT 61,971 61,971 50 0603712S GENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS 20,000 20,000 51 0603713S DEPLOYMENT AND DISTRIBUTION ENTERPRISE TECHNOLOGY 30,256 30,256 52 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM 72,324 72,324 53 0603720S MICROELECTRONICS TECHNOLOGY DEVELOPMENT AND SUPPORT 82,700 82,700 54 0603727D8Z JOINT WARFIGHTING PROGRAM 8,431 8,431 55 0603739E ADVANCED ELECTRONICS TECHNOLOGIES 117,080 117,080 57 0603760E COMMAND, CONTROL AND COMMUNICATIONS SYSTEMS 239,078 239,078 59 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY 259,006 259,006 60 0603767E SENSOR TECHNOLOGY 286,364 286,364 61 0603769SE DISTRIBUTED LEARNING ADVANCED TECHNOLOGY DEVELOPMENT 12,116 12,116 62 0603781D8Z SOFTWARE ENGINEERING INSTITUTE 19,008 19,008 63 0603826D8Z QUICK REACTION SPECIAL PROJECTS 78,532 58,532 Quick & Rapid Reaction Fund reduction [–20,000] 65 0603828J JOINT EXPERIMENTATION 12,667 12,667 66 0603832D8Z DOD MODELING AND SIMULATION MANAGEMENT OFFICE 41,370 41,370 69 0603941D8Z TEST & EVALUATION SCIENCE & TECHNOLOGY 92,508 92,508 70 0604055D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT 52,001 52,001 71 0303310D8Z CWMD SYSTEMS 52,053 55,053 Program increase [3,000] 72 1160402BB SPECIAL OPERATIONS ADVANCED TECHNOLOGY DEVELOPMENT 46,809 46,809 ADVANCED TECHNOLOGY DEVELOPMENT TOTAL 3,109,007 3,050,007 ADVANCED COMPONENT DEVELOPMENT AND PROTOTYPES 75 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E ADC&P 63,641 63,641 76 0603527D8Z RETRACT LARCH 19,152 19,152 77 0603600D8Z WALKOFF 70,763 70,763 79 0603714D8Z ADVANCED SENSORS APPLICATION PROGRAM 17,230 19,230 Sustain testing effort [2,000] 80 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION PROGRAM 71,453 71,453 81 0603881C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT 268,990 268,990 82 0603882C BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT 1,033,903 1,033,903 83 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—DEM/VAL 196,237 196,237 84 0603884C BALLISTIC MISSILE DEFENSE SENSORS 315,183 345,183 Additional homeland missile defense radar [30,000] 86 0603890C BMD ENABLING PROGRAMS 377,605 377,605 87 0603891C SPECIAL PROGRAMS—MDA 286,613 286,613 88 0603892C AEGIS BMD 937,056 937,056 89 0603893C SPACE TRACKING & SURVEILLANCE SYSTEM 44,947 44,947 90 0603895C BALLISTIC MISSILE DEFENSE SYSTEM SPACE PROGRAMS 6,515 6,515 91 0603896C BALLISTIC MISSILE DEFENSE COMMAND AND CONTROL, BATTLE MANAGEMENT AND COMMUNICATI 418,355 418,355 92 0603898C BALLISTIC MISSILE DEFENSE JOINT WARFIGHTER SUPPORT 47,419 47,419 93 0603904C MISSILE DEFENSE INTEGRATION & OPERATIONS CENTER (MDIOC) 52,131 52,131 94 0603906C REGARDING TRENCH 13,864 13,864 95 0603907C SEA BASED X-BAND RADAR (SBX) 44,478 44,478 96 0603913C ISRAELI COOPERATIVE PROGRAMS 95,782 245,782 Arrow Weapon System Improvements [30,000] Arrow–3 Interceptor [20,000] David's Sling short-range BMD [100,000] 97 0603914C BALLISTIC MISSILE DEFENSE TEST 375,866 375,866 98 0603915C BALLISTIC MISSILE DEFENSE TARGETS 495,257 495,257 99 0603920D8Z HUMANITARIAN DEMINING 11,704 11,704 100 0603923D8Z COALITION WARFARE 9,842 9,842 101 0604016D8Z DEPARTMENT OF DEFENSE CORROSION PROGRAM 3,312 3,312 102 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES 130,000 100,000 Adv Innov Tech reduction [–30,000] 103 0604400D8Z DEPARTMENT OF DEFENSE (DOD) UNMANNED AIRCRAFT SYSTEM (UAS) COMMON DEVELOPMENT 8,300 8,300 104 0604445J WIDE AREA SURVEILLANCE 30,000 30,000 105 0604670D8Z HUMAN, SOCIAL AND CULTURE BEHAVIOR MODELING (HSCB) RESEARCH AND ENGINEERING 0 5,000 HSCB Modeling R&E extension [5,000] 106 0604775D8Z DEFENSE RAPID INNOVATION PROGRAM 0 150,000 RIP [150,000] 108 0604787J JOINT SYSTEMS INTEGRATION 7,402 7,402 110 0604828J JOINT FIRES INTEGRATION AND INTEROPERABILITY TEAM 7,506 7,506 111 0604880C LAND-BASED SM–3 (LBSM3) 129,374 129,374 112 0604881C AEGIS SM–3 BLOCK IIA CO-DEVELOPMENT 308,522 308,522 115 0303191D8Z JOINT ELECTROMAGNETIC TECHNOLOGY (JET) PROGRAM 3,169 3,169 116 0305103C CYBER SECURITY INITIATIVE 946 946 ADVANCED COMPONENT DEVELOPMENT AND PROTOTYPES TOTAL 5,902,517 6,209,517 SYSTEM DEVELOPMENT AND DEMONSTRATION 118 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E SDD 8,155 8,155 119 0604165D8Z PROMPT GLOBAL STRIKE CAPABILITY DEVELOPMENT 65,440 65,440 120 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—EMD 451,306 451,306 122 0604764K ADVANCED IT SERVICES JOINT PROGRAM OFFICE (AITS-JPO) 29,138 29,138 123 0604771D8Z JOINT TACTICAL INFORMATION DISTRIBUTION SYSTEM (JTIDS) 19,475 19,475 124 0605000BR WEAPONS OF MASS DESTRUCTION DEFEAT CAPABILITIES 12,901 12,901 125 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT 13,812 13,812 126 0605021SE HOMELAND PERSONNEL SECURITY INITIATIVE 386 386 127 0605022D8Z DEFENSE EXPORTABILITY PROGRAM 3,763 3,763 128 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES 6,788 6,788 129 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT AND DEMONSTRATION 27,917 27,917 130 0605075D8Z DCMO POLICY AND INTEGRATION 22,297 22,297 131 0605080S DEFENSE AGENCY INTIATIVES (DAI)—FINANCIAL SYSTEM 51,689 51,689 132 0605210D8Z DEFENSE-WIDE ELECTRONIC PROCUREMENT CAPABILITIES 6,184 6,184 133 0303141K GLOBAL COMBAT SUPPORT SYSTEM 12,083 12,083 134 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION MANAGEMENT (EEIM) 3,302 3,302 SYSTEM DEVELOPMENT AND DEMONSTRATION TOTAL 734,636 734,636 MANAGEMENT SUPPORT 135 0604774D8Z DEFENSE READINESS REPORTING SYSTEM (DRRS) 6,393 6,393 136 0604875D8Z JOINT SYSTEMS ARCHITECTURE DEVELOPMENT 2,479 2,479 137 0604940D8Z CENTRAL TEST AND EVALUATION INVESTMENT DEVELOPMENT (CTEIP) 240,213 240,213 138 0604942D8Z ASSESSMENTS AND EVALUATIONS 2,127 2,127 139 0604943D8Z THERMAL VICAR 8,287 8,287 140 0605100D8Z JOINT MISSION ENVIRONMENT TEST CAPABILITY (JMETC) 31,000 31,000 141 0605104D8Z TECHNICAL STUDIES, SUPPORT AND ANALYSIS 24,379 24,379 143 0605117D8Z FOREIGN MATERIEL ACQUISITION AND EXPLOITATION 54,311 54,311 144 0605126J JOINT INTEGRATED AIR AND MISSILE DEFENSE ORGANIZATION (JIAMDO) 47,462 47,462 146 0605130D8Z FOREIGN COMPARATIVE TESTING 12,134 12,134 147 0605142D8Z SYSTEMS ENGINEERING 44,237 39,237 SE transfer to DT&E [–5,000] 148 0605151D8Z STUDIES AND ANALYSIS SUPPORT—OSD 5,871 5,871 149 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY 5,028 5,028 150 0605170D8Z SUPPORT TO NETWORKS AND INFORMATION INTEGRATION 6,301 6,301 151 0605200D8Z GENERAL SUPPORT TO USD (INTELLIGENCE) 6,504 6,504 152 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 92,046 92,046 158 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH (SBIR)/ SMALL BUSINESS TECHNOLOGY TRANSFER (S 1,868 1,868 159 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS 8,362 8,362 160 0605801KA DEFENSE TECHNICAL INFORMATION CENTER (DTIC) 56,024 46,024 DTIC reduction [–10,000] 161 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, TESTING AND EVALUATION 6,908 6,908 162 0605804D8Z DEVELOPMENT TEST AND EVALUATION 15,451 20,451 DT&E transfer from SE [5,000] 164 0605898E MANAGEMENT HQ—R&D 71,659 71,659 165 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS 4,083 4,083 167 0203345D8Z DEFENSE OPERATIONS SECURITY INITIATIVE (DOSI) 5,306 5,306 168 0204571J JOINT STAFF ANALYTICAL SUPPORT 2,097 2,097 172 0303166J SUPPORT TO INFORMATION OPERATIONS (IO) CAPABILITIES 8,394 8,394 175 0305193D8Z CYBER INTELLIGENCE 7,624 7,624 178 0804767D8Z COCOM EXERCISE ENGAGEMENT AND TRAINING TRANSFORMATION (CE2T2) 43,247 43,247 179 0901598C MANAGEMENT HQ—MDA 37,712 37,712 180 0901598D8W MANAGEMENT HEADQUARTERS WHS 607 607 9999999999 CLASSIFIED PROGRAMS 54,914 54,914 MANAGEMENT SUPPORT TOTAL 913,028 903,028 OPERATIONAL SYSTEM DEVELOPMENT 182 0604130V ENTERPRISE SECURITY SYSTEM (ESS) 7,552 7,552 183 0605127T REGIONAL INTERNATIONAL OUTREACH (RIO) AND PARTNERSHIP FOR PEACE INFORMATION MANA 3,270 3,270 184 0605147T OVERSEAS HUMANITARIAN ASSISTANCE SHARED INFORMATION SYSTEM (OHASIS) 287 287 185 0607210D8Z INDUSTRIAL BASE ANALYSIS AND SUSTAINMENT SUPPORT 14,000 14,000 186 0607310D8Z OPERATIONAL SYSTEMS DEVELOPMENT 1,955 1,955 187 0607327T GLOBAL THEATER SECURITY COOPERATION MANAGEMENT INFORMATION SYSTEMS (G-TSCMIS) 13,250 13,250 188 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE (OPERATIONAL SYSTEMS DEVELOPMENT) 13,026 13,026 190 0607828J JOINT INTEGRATION AND INTEROPERABILITY 12,652 12,652 191 0208043J PLANNING AND DECISION AID SYSTEM (PDAS) 3,061 3,061 192 0208045K C4I INTEROPERABILITY 72,726 72,726 194 0301144K JOINT/ALLIED COALITION INFORMATION SHARING 6,524 6,524 201 0302016K NATIONAL MILITARY COMMAND SYSTEM-WIDE SUPPORT 512 512 202 0302019K DEFENSE INFO INFRASTRUCTURE ENGINEERING AND INTEGRATION 12,867 12,867 203 0303126K LONG-HAUL COMMUNICATIONS—DCS 36,565 36,565 204 0303131K MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN) 13,144 13,144 205 0303135G PUBLIC KEY INFRASTRUCTURE (PKI) 1,060 1,060 206 0303136G KEY MANAGEMENT INFRASTRUCTURE (KMI) 33,279 33,279 207 0303140D8Z INFORMATION SYSTEMS SECURITY PROGRAM 10,673 10,673 208 0303140G INFORMATION SYSTEMS SECURITY PROGRAM 181,567 181,567 210 0303150K GLOBAL COMMAND AND CONTROL SYSTEM 34,288 34,288 211 0303153K DEFENSE SPECTRUM ORGANIZATION 7,741 7,741 212 0303170K NET-CENTRIC ENTERPRISE SERVICES (NCES) 3,325 3,325 213 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM OFFICE (DMDPO) 1,246 1,246 214 0303610K TELEPORT PROGRAM 5,147 5,147 216 0304210BB SPECIAL APPLICATIONS FOR CONTINGENCIES 17,352 17,352 220 0305103K CYBER SECURITY INITIATIVE 3,658 3,658 221 0305125D8Z CRITICAL INFRASTRUCTURE PROTECTION (CIP) 9,752 9,752 225 0305186D8Z POLICY R&D PROGRAMS 3,210 4,210 CRRC extension [1,000] 227 0305199D8Z NET CENTRICITY 21,602 21,602 230 0305208BB DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 5,195 5,195 233 0305208K DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 3,348 3,348 235 0305219BB MQ–1 PREDATOR A UAV 641 641 238 0305387D8Z HOMELAND DEFENSE TECHNOLOGY TRANSFER PROGRAM 2,338 2,338 239 0305600D8Z INTERNATIONAL INTELLIGENCE TECHNOLOGY AND ARCHITECTURES 4,372 4,372 247 0708011S INDUSTRIAL PREPAREDNESS 24,691 24,691 248 0708012S LOGISTICS SUPPORT ACTIVITIES 4,659 4,659 249 0902298J MANAGEMENT HQ—OJCS 3,533 3,533 250 1105219BB MQ–9 UAV 1,314 13,314 Capability Improvements [12,000] 254 1160403BB AVIATION SYSTEMS 156,561 156,561 256 1160405BB SPECIAL OPERATIONS INTELLIGENCE SYSTEMS DEVELOPMENT 7,705 7,705 257 1160408BB SOF OPERATIONAL ENHANCEMENTS 42,620 42,620 261 1160431BB WARRIOR SYSTEMS 17,970 17,970 262 1160432BB SPECIAL PROGRAMS 7,424 7,424 268 1160480BB SOF TACTICAL VEHICLES 2,206 2,206 271 1160483BB MARITIME SYSTEMS 18,325 19,481 CCFLIR—Transfer at USSOCOM Request [1,156] 274 1160489BB SOF GLOBAL VIDEO SURVEILLANCE ACTIVITIES 3,304 3,304 275 1160490BB SOF OPERATIONAL ENHANCEMENTS INTELLIGENCE 16,021 16,021 275A 9999999999 CLASSIFIED PROGRAMS 3,773,704 3,773,704 OPERATIONAL SYSTEM DEVELOPMENT TOTAL 4,641,222 4,655,378 UNDISTRIBUTED 276 UNDISTRIBUTED –100,000 DARPA undistributed reduction [–100,000] UNDISTRIBUTED TOTAL –100,000 TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, DW 17,667,108 17,809,264 OPERATIONAL TEST & EVAL, DEFENSE MANAGEMENT SUPPORT 1 0605118OTE OPERATIONAL TEST AND EVALUATION 75,720 75,720 2 0605131OTE LIVE FIRE TEST AND EVALUATION 48,423 48,423 3 0605814OTE OPERATIONAL TEST ACTIVITIES AND ANALYSES 62,157 62,157 MANAGEMENT SUPPORT TOTAL 186,300 186,300 TOTAL, OPERATIONAL TEST & EVAL, DEFENSE 186,300 186,300 TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL 67,520,236 67,541,495 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Line Program Item FY 2014 Senate RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY SYSTEM DEVELOPMENT & DEMONSTRATION 87 0604622A FAMILY OF HEAVY TACTICAL VEHICLES 7,000 7,000 SYSTEM DEVELOPMENT & DEMONSTRATION TOTAL 7,000 7,000 TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY 7,000 7,000 RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY OPERATIONAL SYSTEMS DEVELOPMENT 224A 9999999999 CLASSIFIED PROGRAMS 34,426 34,426 OPERATIONAL SYSTEMS DEVELOPMENT TOTAL 34,426 34,426 TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY 34,426 34,426 RESEARCH, DEVELOPMENT, TEST & EVAL, AF OPERATIONAL SYSTEMS DEVELOPMENT 251A 9999999999 CLASSIFIED PROGRAMS 9,000 9,000 OPERATIONAL SYSTEMS DEVELOPMENT TOTAL 9,000 9,000 TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, AF 9,000 9,000 RESEARCH, DEVELOPMENT, TEST & EVAL, DW OPERATIONAL SYSTEM DEVELOPMENT 275A 9999999999 CLASSIFIED PROGRAMS 66,208 66,208 OPERATIONAL SYSTEM DEVELOPMENT TOTAL 66,208 66,208 TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, DW 66,208 66,208 TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL 116,634 116,634 XLIII OPERATION AND MAINTENANCE 4301. OPERATION AND MAINTENANCE SEC. 4301. OPERATION AND MAINTENANCE Line Item FY 2014 Senate OPERATION & MAINTENANCE, ARMY OPERATING FORCES 010 MANEUVER UNITS 888,114 1,084,014 Readiness funding increase [195,900] 020 MODULAR SUPPORT BRIGADES 72,624 72,624 030 ECHELONS ABOVE BRIGADE 617,402 617,402 040 THEATER LEVEL ASSETS 602,262 602,262 050 LAND FORCES OPERATIONS SUPPORT 1,032,484 1,032,484 060 AVIATION ASSETS 1,287,462 1,303,262 Readiness funding increase [15,800] 070 FORCE READINESS OPERATIONS SUPPORT 3,559,656 3,769,556 Readiness funding increase [209,900] 080 LAND FORCES SYSTEMS READINESS 454,477 454,477 090 LAND FORCES DEPOT MAINTENANCE 1,481,156 1,681,156 Readiness funding increase [200,000] 100 BASE OPERATIONS SUPPORT 7,278,154 7,278,154 110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 2,754,712 2,754,712 120 MANAGEMENT AND OPERATIONAL HQ'S 425,271 425,271 130 COMBATANT COMMANDERS CORE OPERATIONS 185,064 180,064 Unjustified growth [–5,000] 170 COMBATANT COMMANDERS ANCILLARY MISSIONS 463,270 463,270 OPERATING FORCES TOTAL 21,102,108 21,718,708 MOBILIZATION 180 STRATEGIC MOBILITY 360,240 360,240 190 ARMY PREPOSITIONING STOCKS 192,105 192,105 200 INDUSTRIAL PREPAREDNESS 7,101 7,101 MOBILIZATION TOTAL 559,446 559,446 TRAINING AND RECRUITING 210 OFFICER ACQUISITION 115,992 115,992 220 RECRUIT TRAINING 52,323 52,323 230 ONE STATION UNIT TRAINING 43,589 43,589 240 SENIOR RESERVE OFFICERS TRAINING CORPS 453,745 453,745 250 SPECIALIZED SKILL TRAINING 1,034,495 1,034,495 260 FLIGHT TRAINING 1,016,876 1,016,876 270 PROFESSIONAL DEVELOPMENT EDUCATION 186,565 186,565 280 TRAINING SUPPORT 652,514 652,514 290 RECRUITING AND ADVERTISING 485,500 485,500 300 EXAMINING 170,912 170,912 310 OFF-DUTY AND VOLUNTARY EDUCATION 251,523 251,523 320 CIVILIAN EDUCATION AND TRAINING 184,422 184,422 330 JUNIOR ROTC 181,105 181,105 TRAINING AND RECRUITING TOTAL 4,829,561 4,829,561 ADMIN & SRVWIDE ACTIVITIES 350 SERVICEWIDE TRANSPORTATION 690,089 690,089 360 CENTRAL SUPPLY ACTIVITIES 774,120 774,120 370 LOGISTIC SUPPORT ACTIVITIES 651,765 651,765 380 AMMUNITION MANAGEMENT 453,051 453,051 390 ADMINISTRATION 487,737 487,737 400 SERVICEWIDE COMMUNICATIONS 1,563,115 1,563,115 410 MANPOWER MANAGEMENT 326,853 326,853 420 OTHER PERSONNEL SUPPORT 234,364 234,364 430 OTHER SERVICE SUPPORT 1,212,091 1,212,091 440 ARMY CLAIMS ACTIVITIES 243,540 243,540 450 REAL ESTATE MANAGEMENT 241,101 241,101 460 BASE OPERATIONS SUPPORT 226,291 226,291 470 SUPPORT OF NATO OPERATIONS 426,651 426,651 480 MISC. SUPPORT OF OTHER NATIONS 27,248 27,248 480A CLASSIFIED PROGRAMS 1,023,946 1,023,946 ADMIN & SRVWIDE ACTIVITIES TOTAL 8,581,962 8,581,962 TOTAL, OPERATION & MAINTENANCE, ARMY 35,073,077 35,689,677 OPERATION & MAINTENANCE, ARMY RES OPERATING FORCES 010 MANEUVER UNITS 1,621 1,621 020 MODULAR SUPPORT BRIGADES 24,429 24,429 030 ECHELONS ABOVE BRIGADE 657,099 657,099 040 THEATER LEVEL ASSETS 122,485 122,485 050 LAND FORCES OPERATIONS SUPPORT 584,058 584,058 060 AVIATION ASSETS 79,380 79,380 070 FORCE READINESS OPERATIONS SUPPORT 471,616 471,616 080 LAND FORCES SYSTEMS READINESS 74,243 74,243 090 LAND FORCES DEPOT MAINTENANCE 70,894 70,894 100 BASE OPERATIONS SUPPORT 569,801 569,801 110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 294,145 330,545 Readiness funding increase [36,400] 120 MANAGEMENT AND OPERATIONAL HQ'S 51,853 51,853 OPERATING FORCES TOTAL 3,001,624 3,038,024 ADMIN & SRVWD ACTIVITIES 130 SERVICEWIDE TRANSPORTATION 10,735 10,735 140 ADMINISTRATION 24,197 24,197 150 SERVICEWIDE COMMUNICATIONS 10,304 10,304 160 MANPOWER MANAGEMENT 10,319 10,319 170 RECRUITING AND ADVERTISING 37,857 37,857 ADMIN & SRVWD ACTIVITIES TOTAL 93,412 93,412 TOTAL, OPERATION & MAINTENANCE, ARMY RES 3,095,036 3,131,436 OPERATION & MAINTENANCE, ARNG OPERATING FORCES 010 MANEUVER UNITS 800,880 800,880 020 MODULAR SUPPORT BRIGADES 178,650 178,650 030 ECHELONS ABOVE BRIGADE 771,503 771,503 040 THEATER LEVEL ASSETS 98,699 98,699 050 LAND FORCES OPERATIONS SUPPORT 38,779 38,779 060 AVIATION ASSETS 922,503 922,503 070 FORCE READINESS OPERATIONS SUPPORT 761,056 761,056 080 LAND FORCES SYSTEMS READINESS 62,971 62,971 090 LAND FORCES DEPOT MAINTENANCE 233,105 233,105 100 BASE OPERATIONS SUPPORT 1,019,059 1,019,059 110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 712,139 786,339 Readiness funding increase [74,200] 120 MANAGEMENT AND OPERATIONAL HQ'S 1,013,715 1,013,715 OPERATING FORCES TOTAL 6,613,059 6,687,259 ADMIN & SRVWD ACTIVITIES 130 SERVICEWIDE TRANSPORTATION 10,812 10,812 140 REAL ESTATE MANAGEMENT 1,551 1,551 150 ADMINISTRATION 78,284 78,284 160 SERVICEWIDE COMMUNICATIONS 46,995 46,995 170 MANPOWER MANAGEMENT 6,390 6,390 180 RECRUITING AND ADVERTISING 297,105 297,105 ADMIN & SRVWD ACTIVITIES TOTAL 441,137 441,137 TOTAL, OPERATION & MAINTENANCE, ARNG 7,054,196 7,128,396 OPERATION & MAINTENANCE, NAVY OPERATING FORCES 010 MISSION AND OTHER FLIGHT OPERATIONS 4,952,522 4,985,022 Readiness funding increase [32,500] 020 FLEET AIR TRAINING 1,826,404 1,837,604 Readiness funding increase [11,200] 030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES 38,639 38,639 040 AIR OPERATIONS AND SAFETY SUPPORT 90,030 90,030 050 AIR SYSTEMS SUPPORT 362,700 362,700 060 AIRCRAFT DEPOT MAINTENANCE 915,881 915,881 070 AIRCRAFT DEPOT OPERATIONS SUPPORT 35,838 36,446 Readiness funding increase [608] 080 AVIATION LOGISTICS 379,914 379,914 090 MISSION AND OTHER SHIP OPERATIONS 3,884,836 3,984,336 Readiness funding increase [99,500] 100 SHIP OPERATIONS SUPPORT & TRAINING 734,852 796,252 Readiness funding increase [61,400] 110 SHIP DEPOT MAINTENANCE 5,191,511 5,197,211 Readiness funding increase [5,700] 120 SHIP DEPOT OPERATIONS SUPPORT 1,351,274 1,477,474 Readiness funding increase [126,200] 130 COMBAT COMMUNICATIONS 701,316 701,316 140 ELECTRONIC WARFARE 97,710 97,710 150 SPACE SYSTEMS AND SURVEILLANCE 172,330 172,330 160 WARFARE TACTICS 454,682 454,682 170 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY 328,406 328,406 180 COMBAT SUPPORT FORCES 946,429 946,429 190 EQUIPMENT MAINTENANCE 142,249 142,249 200 DEPOT OPERATIONS SUPPORT 2,603 3,263 Readiness funding increase [660] 210 COMBATANT COMMANDERS CORE OPERATIONS 102,970 102,970 220 COMBATANT COMMANDERS DIRECT MISSION SUPPORT 199,128 196,128 Classified program decrease [–3,000] 230 CRUISE MISSILE 92,671 92,671 240 FLEET BALLISTIC MISSILE 1,193,188 1,193,188 250 IN-SERVICE WEAPONS SYSTEMS SUPPORT 105,985 105,985 260 WEAPONS MAINTENANCE 532,627 532,627 270 OTHER WEAPON SYSTEMS SUPPORT 304,160 304,160 280 ENTERPRISE INFORMATION 1,011,528 1,011,528 290 SUSTAINMENT, RESTORATION AND MODERNIZATION 1,996,821 2,096,821 Readiness funding increase [100,000] 300 BASE OPERATING SUPPORT 4,460,918 4,460,918 OPERATING FORCES TOTAL 32,610,122 33,044,890 MOBILIZATION 310 SHIP PREPOSITIONING AND SURGE 331,576 331,576 320 AIRCRAFT ACTIVATIONS/INACTIVATIONS 6,638 6,638 330 SHIP ACTIVATIONS/INACTIVATIONS 222,752 222,752 340 EXPEDITIONARY HEALTH SERVICES SYSTEMS 73,310 73,310 350 INDUSTRIAL READINESS 2,675 2,675 360 COAST GUARD SUPPORT 23,794 23,794 MOBILIZATION TOTAL 660,745 660,745 TRAINING AND RECRUITING 370 OFFICER ACQUISITION 148,516 148,516 380 RECRUIT TRAINING 9,384 9,384 390 RESERVE OFFICERS TRAINING CORPS 139,876 139,876 400 SPECIALIZED SKILL TRAINING 630,069 630,069 410 FLIGHT TRAINING 9,294 9,294 420 PROFESSIONAL DEVELOPMENT EDUCATION 169,082 169,082 430 TRAINING SUPPORT 164,368 164,368 440 RECRUITING AND ADVERTISING 241,733 241,733 450 OFF-DUTY AND VOLUNTARY EDUCATION 139,815 139,815 460 CIVILIAN EDUCATION AND TRAINING 94,632 94,632 470 JUNIOR ROTC 51,373 51,373 TRAINING AND RECRUITING TOTAL 1,798,142 1,798,142 ADMIN & SRVWD ACTIVITIES 480 ADMINISTRATION 886,088 886,088 490 EXTERNAL RELATIONS 13,131 13,131 500 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT 115,742 115,742 510 MILITARY MANPOWER AND PERSONNEL MANAGEMENT 382,150 382,150 520 OTHER PERSONNEL SUPPORT 268,403 268,403 530 SERVICEWIDE COMMUNICATIONS 317,293 317,293 550 SERVICEWIDE TRANSPORTATION 207,128 207,128 570 PLANNING, ENGINEERING AND DESIGN 295,855 295,855 580 ACQUISITION AND PROGRAM MANAGEMENT 1,140,484 1,140,484 590 HULL, MECHANICAL AND ELECTRICAL SUPPORT 52,873 52,873 600 COMBAT/WEAPONS SYSTEMS 27,587 27,587 610 SPACE AND ELECTRONIC WARFARE SYSTEMS 75,728 75,728 620 NAVAL INVESTIGATIVE SERVICE 543,026 543,026 680 INTERNATIONAL HEADQUARTERS AND AGENCIES 4,965 4,965 680A CLASSIFIED PROGRAMS 545,775 545,775 ADMIN & SRVWD ACTIVITIES TOTAL 4,876,228 4,876,228 TOTAL, OPERATION & MAINTENANCE, NAVY 39,945,237 40,380,005 OPERATION & MAINTENANCE, MARINE CORPS OPERATING FORCES 010 OPERATIONAL FORCES 837,012 837,012 020 FIELD LOGISTICS 894,555 894,555 030 DEPOT MAINTENANCE 223,337 279,337 Readiness funding increase [56,000] 040 MARITIME PREPOSITIONING 97,878 97,878 050 SUSTAINMENT, RESTORATION & MODERNIZATION 774,619 774,619 060 BASE OPERATING SUPPORT 2,166,661 2,166,661 OPERATING FORCES TOTAL 4,994,062 5,050,062 TRAINING AND RECRUITING 070 RECRUIT TRAINING 17,693 17,693 080 OFFICER ACQUISITION 896 896 090 SPECIALIZED SKILL TRAINING 100,806 100,806 100 PROFESSIONAL DEVELOPMENT EDUCATION 46,928 46,928 110 TRAINING SUPPORT 356,426 356,426 120 RECRUITING AND ADVERTISING 179,747 179,747 130 OFF-DUTY AND VOLUNTARY EDUCATION 52,255 52,255 140 JUNIOR ROTC 23,138 23,138 TRAINING AND RECRUITING TOTAL 777,889 777,889 ADMIN & SRVWD ACTIVITIES 150 SERVICEWIDE TRANSPORTATION 43,816 43,816 160 ADMINISTRATION 305,107 305,107 180 ACQUISITION AND PROGRAM MANAGEMENT 87,500 87,500 180A CLASSIFIED PROGRAMS 46,276 46,276 ADMIN & SRVWD ACTIVITIES TOTAL 482,699 482,699 TOTAL, OPERATION & MAINTENANCE, MARINE CORPS 6,254,650 6,310,650 OPERATION & MAINTENANCE, NAVY RES OPERATING FORCES 010 MISSION AND OTHER FLIGHT OPERATIONS 586,620 588,520 Readiness funding increase [1,900] 020 INTERMEDIATE MAINTENANCE 7,008 7,008 040 AIRCRAFT DEPOT MAINTENANCE 100,657 109,557 Readiness funding increase [8,900] 050 AIRCRAFT DEPOT OPERATIONS SUPPORT 305 305 060 AVIATION LOGISTICS 3,927 3,927 070 MISSION AND OTHER SHIP OPERATIONS 75,933 75,933 080 SHIP OPERATIONS SUPPORT & TRAINING 601 601 090 SHIP DEPOT MAINTENANCE 44,364 44,364 100 COMBAT COMMUNICATIONS 15,477 15,477 110 COMBAT SUPPORT FORCES 115,608 115,608 120 WEAPONS MAINTENANCE 1,967 1,967 130 ENTERPRISE INFORMATION 43,726 43,726 140 SUSTAINMENT, RESTORATION AND MODERNIZATION 69,011 69,011 150 BASE OPERATING SUPPORT 109,604 109,604 OPERATING FORCES TOTAL 1,174,808 1,185,608 ADMIN & SRVWD ACTIVITIES 160 ADMINISTRATION 2,905 2,905 170 MILITARY MANPOWER AND PERSONNEL MANAGEMENT 14,425 14,425 180 SERVICEWIDE COMMUNICATIONS 2,485 2,485 190 ACQUISITION AND PROGRAM MANAGEMENT 3,129 3,129 ADMIN & SRVWD ACTIVITIES TOTAL 22,944 22,944 TOTAL, OPERATION & MAINTENANCE, NAVY RES 1,197,752 1,208,552 OPERATION & MAINTENANCE, MC RES OPERATING FORCES 010 OPERATING FORCES 96,244 96,244 020 DEPOT MAINTENANCE 17,581 17,581 030 SUSTAINMENT, RESTORATION AND MODERNIZATION 32,438 32,438 040 BASE OPERATING SUPPORT 95,259 95,259 OPERATING FORCES TOTAL 241,522 241,522 ADMIN & SRVWD ACTIVITIES 050 SERVICEWIDE TRANSPORTATION 894 894 060 ADMINISTRATION 11,743 11,743 070 RECRUITING AND ADVERTISING 9,158 9,158 ADMIN & SRVWD ACTIVITIES TOTAL 21,795 21,795 TOTAL, OPERATION & MAINTENANCE, MC RES 263,317 263,317 OPERATION & MAINTENANCE, AIR FORCE OPERATING FORCES 010 PRIMARY COMBAT FORCES 3,295,814 3,515,814 Readiness funding increase [220,000] 020 COMBAT ENHANCEMENT FORCES 1,875,095 1,875,095 030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) 1,559,109 1,589,109 Increase for ranges [30,000] 040 DEPOT MAINTENANCE 5,956,304 6,146,304 Readiness funding increase [190,000] 050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 1,834,424 1,909,424 Readiness funding increase [75,000] 060 BASE SUPPORT 2,779,811 2,779,811 070 GLOBAL C3I AND EARLY WARNING 913,841 913,841 080 OTHER COMBAT OPS SPT PROGRAMS 916,837 916,837 100 TACTICAL INTEL AND OTHER SPECIAL ACTIVITIES 720,349 720,349 110 LAUNCH FACILITIES 305,275 305,275 120 SPACE CONTROL SYSTEMS 433,658 433,658 130 COMBATANT COMMANDERS DIRECT MISSION SUPPORT 1,146,016 1,123,616 Classified program decrease [–22,400] 140 COMBATANT COMMANDERS CORE OPERATIONS 231,830 231,830 OPERATING FORCES TOTAL 21,968,363 22,460,963 MOBILIZATION 150 AIRLIFT OPERATIONS 2,015,902 2,015,902 160 MOBILIZATION PREPAREDNESS 147,216 147,216 170 DEPOT MAINTENANCE 1,556,232 1,556,232 180 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 167,402 167,402 190 BASE SUPPORT 707,040 707,040 MOBILIZATION TOTAL 4,593,792 4,593,792 TRAINING AND RECRUITING 200 OFFICER ACQUISITION 102,334 102,334 210 RECRUIT TRAINING 17,733 17,733 220 RESERVE OFFICERS TRAINING CORPS (ROTC) 94,600 94,600 230 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 217,011 217,011 240 BASE SUPPORT 800,327 800,327 250 SPECIALIZED SKILL TRAINING 399,364 399,364 260 FLIGHT TRAINING 792,275 792,275 270 PROFESSIONAL DEVELOPMENT EDUCATION 248,958 248,958 280 TRAINING SUPPORT 106,741 106,741 290 DEPOT MAINTENANCE 319,331 339,331 Readiness funding increase [20,000] 300 RECRUITING AND ADVERTISING 122,736 122,736 310 EXAMINING 3,679 3,679 320 OFF-DUTY AND VOLUNTARY EDUCATION 137,255 137,255 330 CIVILIAN EDUCATION AND TRAINING 176,153 176,153 340 JUNIOR ROTC 67,018 67,018 TRAINING AND RECRUITING TOTAL 3,605,515 3,625,515 ADMIN & SRVWD ACTIVITIES 350 LOGISTICS OPERATIONS 1,103,684 1,103,684 360 TECHNICAL SUPPORT ACTIVITIES 919,923 919,923 370 DEPOT MAINTENANCE 56,601 56,601 380 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 281,061 281,061 390 BASE SUPPORT 1,203,305 1,203,305 400 ADMINISTRATION 593,865 593,865 410 SERVICEWIDE COMMUNICATIONS 574,609 574,609 420 OTHER SERVICEWIDE ACTIVITIES 1,028,600 1,028,600 430 CIVIL AIR PATROL 24,720 24,720 460 INTERNATIONAL SUPPORT 89,008 89,008 460A CLASSIFIED PROGRAMS 1,227,796 1,227,796 ADMIN & SRVWD ACTIVITIES TOTAL 7,103,172 7,103,172 TOTAL, OPERATION & MAINTENANCE, AIR FORCE 37,270,842 37,783,442 OPERATION & MAINTENANCE, AF RESERVE OPERATING FORCES 010 PRIMARY COMBAT FORCES 1,857,951 1,857,951 020 MISSION SUPPORT OPERATIONS 224,462 224,462 030 DEPOT MAINTENANCE 521,182 521,182 040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 89,704 98,404 Readiness funding increase [8,700] 050 BASE SUPPORT 360,836 360,836 OPERATING FORCES TOTAL 3,054,135 3,062,835 ADMINISTRATION AND SERVICEWIDE ACTIVITIES 060 ADMINISTRATION 64,362 64,362 070 RECRUITING AND ADVERTISING 15,056 15,056 080 MILITARY MANPOWER AND PERS MGMT (ARPC) 23,617 23,617 090 OTHER PERS SUPPORT (DISABILITY COMP) 6,618 6,618 100 AUDIOVISUAL 819 819 ADMINISTRATION AND SERVICEWIDE ACTIVITIES TOTAL 110,472 110,472 TOTAL, OPERATION & MAINTENANCE, AF RESERVE 3,164,607 3,173,307 OPERATION & MAINTENANCE, ANG OPERATING FORCES 010 AIRCRAFT OPERATIONS 3,371,871 3,371,871 020 MISSION SUPPORT OPERATIONS 720,305 720,305 030 DEPOT MAINTENANCE 1,514,870 1,514,870 040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 296,953 325,153 Readiness funding increase [28,200] 050 BASE SUPPORT 597,303 597,303 OPERATING FORCES TOTAL 6,501,302 6,529,502 ADMINISTRATION AND SERVICE-WIDE ACTIVITIES 060 ADMINISTRATION 32,117 32,117 070 RECRUITING AND ADVERTISING 32,585 32,585 ADMINISTRATION AND SERVICE-WIDE ACTIVITIES TOTAL 64,702 64,702 TOTAL, OPERATION & MAINTENANCE, ANG 6,566,004 6,594,204 OPERATION AND MAINTENANCE, DEFENSE-WIDE OPERATING FORCES 010 JOINT CHIEFS OF STAFF 472,239 472,239 020 SPECIAL OPERATIONS COMMAND 5,261,463 5,239,663 USSOCOM RSCC [–14,700] USSOCOM NCR Contractor Support [–7,100] OPERATING FORCES TOTAL 5,733,702 5,711,902 TRAINING AND RECRUITING 040 DEFENSE ACQUISITION UNIVERSITY 157,397 157,397 050 NATIONAL DEFENSE UNIVERSITY 84,899 84,899 TRAINING AND RECRUITING TOTAL 242,296 242,296 ADMINISTRATION AND SERVICEWIDE ACTIVITIES 060 CIVIL MILITARY PROGRAMS 144,443 166,142 Starbase [21,699] 080 DEFENSE CONTRACT AUDIT AGENCY 612,207 612,207 090 DEFENSE CONTRACT MANAGEMENT AGENCY 1,378,606 1,378,606 110 DEFENSE HUMAN RESOURCES ACTIVITY 763,091 763,091 120 DEFENSE INFORMATION SYSTEMS AGENCY 1,326,243 1,326,243 140 DEFENSE LEGAL SERVICES AGENCY 29,933 29,933 150 DEFENSE LOGISTICS AGENCY 462,545 462,545 160 DEFENSE MEDIA ACTIVITY 222,979 222,979 170 DEFENSE POW/MIA OFFICE 21,594 21,594 180 DEFENSE SECURITY COOPERATION AGENCY 788,389 769,389 Regional centers for security centers—undistributed decrease [–12,000] Combating terrorism fellowship program [–7,000] 190 DEFENSE SECURITY SERVICE 546,603 546,603 210 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION 35,151 35,151 220 DEFENSE THREAT REDUCTION AGENCY 438,033 438,033 240 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY 2,713,756 2,743,756 Supplemental Impact Aid [25,000] Disability Impact Aid [5,000] 250 MISSILE DEFENSE AGENCY 256,201 256,201 270 OFFICE OF ECONOMIC ADJUSTMENT 371,615 98,315 Program decrease [–273,300] 280 OFFICE OF THE SECRETARY OF DEFENSE 2,010,176 2,003,176 OUSD(P) program decrease [–7,000] 290 WASHINGTON HEADQUARTERS SERVICES 616,572 616,572 290A CLASSIFIED PROGRAMS 14,283,558 14,308,558 Reduction to Operation Observant Compass [–15,000] Increase to Operation Observant Compass [40,000] ADMINISTRATION AND SERVICEWIDE ACTIVITIES TOTAL 27,021,695 26,799,094 TOTAL, OPERATION AND MAINTENANCE, DEFENSE-WIDE 32,997,693 32,753,292 MISCELLANEOUS APPROPRIATIONS 010 US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE 13,606 13,606 010 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID 109,500 109,500 010 COOPERATIVE THREAT REDUCTION ACCOUNT 528,455 528,455 010 ACQ WORKFORCE DEV FD 256,031 256,031 050 ENVIRONMENTAL RESTORATION, ARMY 298,815 298,815 070 ENVIRONMENTAL RESTORATION, NAVY 316,103 316,103 090 ENVIRONMENTAL RESTORATION, AIR FORCE 439,820 439,820 110 ENVIRONMENTAL RESTORATION, DEFENSE 10,757 10,757 130 ENVIRONMENTAL RESTORATION FORMERLY USED SITES 237,443 237,443 150 OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND 5,000 5,000 TOTAL, MISCELLANEOUS APPROPRIATIONS 2,215,530 2,215,530 TOTAL, OPERATION & MAINTENANCE 175,097,941 176,631,808 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS Line Item FY 2014 Senate OPERATION & MAINTENANCE, ARMY OPERATING FORCES 010 MANEUVER UNITS 217,571 217,571 020 MODULAR SUPPORT BRIGADES 8,266 8,266 030 ECHELONS ABOVE BRIGADE 56,626 56,626 040 THEATER LEVEL ASSETS 4,209,942 4,209,942 050 LAND FORCES OPERATIONS SUPPORT 950,567 943,567 NSHQ—Transfer at DoD Request [–7,000] 060 AVIATION ASSETS 474,288 474,288 070 FORCE READINESS OPERATIONS SUPPORT 1,349,152 1,485,452 BuckEye terrain data increase [56,300] Transfer from JIEDDO—Train the Force [80,000] 080 LAND FORCES SYSTEMS READINESS 655,000 655,000 090 LAND FORCES DEPOT MAINTENANCE 301,563 301,563 100 BASE OPERATIONS SUPPORT 706,214 706,214 140 ADDITIONAL ACTIVITIES 11,519,498 11,519,498 150 COMMANDERS EMERGENCY RESPONSE PROGRAM 60,000 60,000 160 RESET 2,240,358 2,240,358 OPERATING FORCES TOTAL 22,749,045 22,878,345 ADMIN & SRVWIDE ACTIVITIES 350 SERVICEWIDE TRANSPORTATION 4,601,356 4,601,356 380 AMMUNITION MANAGEMENT 17,418 17,418 400 SERVICEWIDE COMMUNICATIONS 110,000 110,000 420 OTHER PERSONNEL SUPPORT 94,820 94,820 430 OTHER SERVICE SUPPORT 54,000 54,000 450 REAL ESTATE MANAGEMENT 250,000 250,000 480A CLASSIFIED PROGRAMS 1,402,994 1,402,994 ADMIN & SRVWIDE ACTIVITIES TOTAL 6,530,588 6,530,588 TOTAL, OPERATION & MAINTENANCE, ARMY 29,279,633 29,408,933 OPERATION & MAINTENANCE, ARMY RES OPERATING FORCES 030 ECHELONS ABOVE BRIGADE 6,995 6,995 050 LAND FORCES OPERATIONS SUPPORT 2,332 2,332 070 FORCE READINESS OPERATIONS SUPPORT 608 608 100 BASE OPERATIONS SUPPORT 33,000 33,000 OPERATING FORCES TOTAL 42,935 42,935 TOTAL, OPERATION & MAINTENANCE, ARMY RES 42,935 42,935 OPERATION & MAINTENANCE, ARNG OPERATING FORCES 010 MANEUVER UNITS 29,314 29,314 020 MODULAR SUPPORT BRIGADES 1,494 1,494 030 ECHELONS ABOVE BRIGADE 15,343 15,343 040 THEATER LEVEL ASSETS 1,549 1,549 060 AVIATION ASSETS 64,504 64,504 070 FORCE READINESS OPERATIONS SUPPORT 31,512 31,512 100 BASE OPERATIONS SUPPORT 42,179 42,179 120 MANAGEMENT AND OPERATIONAL HQ'S 11,996 11,996 OPERATING FORCES TOTAL 240,826 240,826 ADMIN & SRVWD ACTIVITIES 160 SERVICEWIDE COMMUNICATIONS 1,480 1,480 ADMIN & SRVWD ACTIVITIES TOTAL 1,480 1,480 TOTAL, OPERATION & MAINTENANCE, ARNG 199,371 199,371 AFGHANISTAN SECURITY FORCES FUND MINISTRY OF DEFENSE 010 SUSTAINMENT 2,735,603 2,735,603 020 INFRASTRUCTURE 278,650 278,650 030 EQUIPMENT AND TRANSPORTATION 2,180,382 2,180,382 040 TRAINING AND OPERATIONS 626,550 626,550 MINISTRY OF DEFENSE TOTAL 5,821,185 5,821,185 MINISTRY OF INTERIOR 060 SUSTAINMENT 1,214,995 1,214,995 080 EQUIPMENT AND TRANSPORTATION 54,696 54,696 090 TRAINING AND OPERATIONS 626,119 626,119 MINISTRY OF INTERIOR TOTAL 1,895,810 1,895,810 DETAINEE OPS 110 SUSTAINMENT 7,225 7,225 140 TRAINING AND OPERATIONS 2,500 2,500 DETAINEE OPS TOTAL 9,725 9,725 TOTAL, AFGHANISTAN SECURITY FORCES FUND 7,726,720 7,726,720 AFGHANISTAN INFRASTRUCTURE FUND AFGHANISTAN INFRASTRUCTURE FUND 010 POWER 279,000 250,000 Unjustified expenditure [–29,000] AFGHANISTAN INFRASTRUCTURE FUND TOTAL 279,000 250,000 TOTAL, AFGHANISTAN INFRASTRUCTURE FUND TOTAL 279,000 250,000 OPERATION & MAINTENANCE, NAVY OPERATING FORCES 010 MISSION AND OTHER FLIGHT OPERATIONS 845,169 845,169 030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES 600 600 040 AIR OPERATIONS AND SAFETY SUPPORT 17,489 17,489 050 AIR SYSTEMS SUPPORT 78,491 78,491 060 AIRCRAFT DEPOT MAINTENANCE 162,420 162,420 070 AIRCRAFT DEPOT OPERATIONS SUPPORT 2,700 2,700 080 AVIATION LOGISTICS 50,130 50,130 090 MISSION AND OTHER SHIP OPERATIONS 949,539 949,539 100 SHIP OPERATIONS SUPPORT & TRAINING 20,226 20,226 110 SHIP DEPOT MAINTENANCE 1,679,660 1,679,660 130 COMBAT COMMUNICATIONS 37,760 37,760 160 WARFARE TACTICS 25,351 25,351 170 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY 20,045 20,045 180 COMBAT SUPPORT FORCES 1,212,296 1,212,296 190 EQUIPMENT MAINTENANCE 10,203 10,203 250 IN-SERVICE WEAPONS SYSTEMS SUPPORT 127,972 127,972 260 WEAPONS MAINTENANCE 221,427 221,427 290 SUSTAINMENT, RESTORATION AND MODERNIZATION 13,386 13,386 300 BASE OPERATING SUPPORT 110,940 110,940 OPERATING FORCES TOTAL 5,585,804 5,585,804 MOBILIZATION 340 EXPEDITIONARY HEALTH SERVICES SYSTEMS 18,460 18,460 360 COAST GUARD SUPPORT 227,033 227,033 MOBILIZATION TOTAL 245,493 245,493 TRAINING AND RECRUITING 400 SPECIALIZED SKILL TRAINING 50,269 50,269 430 TRAINING SUPPORT 5,400 5,400 TRAINING AND RECRUITING TOTAL 55,669 55,669 ADMIN & SRVWD ACTIVITIES 480 ADMINISTRATION 2,418 2,418 490 EXTERNAL RELATIONS 516 516 510 MILITARY MANPOWER AND PERSONNEL MANAGEMENT 5,107 5,107 520 OTHER PERSONNEL SUPPORT 1,411 1,411 530 SERVICEWIDE COMMUNICATIONS 2,545 2,545 550 SERVICEWIDE TRANSPORTATION 153,427 153,427 580 ACQUISITION AND PROGRAM MANAGEMENT 8,570 8,570 620 NAVAL INVESTIGATIVE SERVICE 1,425 1,425 680A CLASSIFIED PROGRAMS 5,608 5,608 ADMIN & SRVWD ACTIVITIES TOTAL 181,027 181,027 TOTAL, OPERATION & MAINTENANCE, NAVY 6,067,993 6,067,993 OPERATION & MAINTENANCE, MARINE CORPS OPERATING FORCES 010 OPERATIONAL FORCES 992,190 992,190 020 FIELD LOGISTICS 559,574 559,574 030 DEPOT MAINTENANCE 570,000 570,000 060 BASE OPERATING SUPPORT 69,726 69,726 OPERATING FORCES TOTAL 2,191,490 2,191,490 TRAINING AND RECRUITING 110 TRAINING SUPPORT 108,270 134,270 Transfer from JIEDDO—Train the Force [26,000] TRAINING AND RECRUITING TOTAL 108,270 134,270 150 SERVICEWIDE TRANSPORTATION 365,555 365,555 160 ADMINISTRATION 3,675 3,675 180A CLASSIFIED PROGRAMS 825 825 ADMIN & SRVWD ACTIVITIES TOTAL 370,055 370,055 TOTAL, OPERATION & MAINTENANCE, MARINE CORPS 2,669,815 2,695,815 OPERATION & MAINTENANCE, NAVY RES OPERATING FORCES 010 MISSION AND OTHER FLIGHT OPERATIONS 17,196 17,196 020 INTERMEDIATE MAINTENANCE 200 200 040 AIRCRAFT DEPOT MAINTENANCE 6,000 6,000 070 MISSION AND OTHER SHIP OPERATIONS 12,304 12,304 090 SHIP DEPOT MAINTENANCE 6,790 6,790 110 COMBAT SUPPORT FORCES 13,210 13,210 TOTAL, OPERATING FORCES 55,700 55,700 TOTAL, OPERATION & MAINTENANCE, NAVY RES 55,700 55,700 OPERATION & MAINTENANCE, MC RESERVE OPERATING FORCES 010 OPERATING FORCES 11,124 11,124 040 BASE OPERATING SUPPORT 1,410 1,410 TOTAL, OPERATING FORCES 12,534 12,534 TOTAL, OPERATION & MAINTENANCE, MC RESERVE 12,534 12,534 OPERATION & MAINTENANCE, AIR FORCE OPERATING FORCES 010 PRIMARY COMBAT FORCES 1,712,393 1,712,393 020 COMBAT ENHANCEMENT FORCES 836,104 836,104 030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) 14,118 14,118 040 DEPOT MAINTENANCE 1,373,480 1,373,480 050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 122,712 122,712 060 BASE SUPPORT 1,520,333 1,520,333 070 GLOBAL C3I AND EARLY WARNING 31,582 31,582 080 OTHER COMBAT OPS SPT PROGRAMS 147,524 147,524 110 LAUNCH FACILITIES 857 857 120 SPACE CONTROL SYSTEMS 8,353 8,353 130 COMBATANT COMMANDERS DIRECT MISSION SUPPORT 50,495 50,495 OPERATING FORCES TOTAL 5,886,185 5,886,185 MOBILIZATION 150 AIRLIFT OPERATIONS 3,091,133 3,091,133 160 MOBILIZATION PREPAREDNESS 47,897 47,897 170 DEPOT MAINTENANCE 387,179 387,179 180 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 7,043 7,043 190 BASE SUPPORT 68,382 68,382 MOBILIZATION TOTAL 3,601,634 3,601,634 TRAINING AND RECRUITING 200 OFFICER ACQUISITION 100 100 210 RECRUIT TRAINING 478 478 240 BASE SUPPORT 19,256 19,256 250 SPECIALIZED SKILL TRAINING 12,845 12,845 260 FLIGHT TRAINING 731 731 270 PROFESSIONAL DEVELOPMENT EDUCATION 607 607 280 TRAINING SUPPORT 720 720 320 OFF-DUTY AND VOLUNTARY EDUCATION 152 152 TRAINING AND RECRUITING TOTAL 34,889 34,889 ADMIN & SRVWD ACTIVITIES 350 LOGISTICS OPERATIONS 86,273 86,273 360 TECHNICAL SUPPORT ACTIVITIES 2,511 2,511 390 BASE SUPPORT 19,887 19,887 400 ADMINISTRATION 3,493 3,493 410 SERVICEWIDE COMMUNICATIONS 152,086 152,086 420 OTHER SERVICEWIDE ACTIVITIES 269,825 269,825 460 INTERNATIONAL SUPPORT 117 117 460A CLASSIFIED PROGRAMS 16,558 16,558 ADMIN & SRVWD ACTIVITIES TOTAL 550,750 550,750 OPERATION & MAINTENANCE, AIR FORCE 10,005,224 10,005,224 OPERATION & MAINTENANCE, AF RESERVE OPERATING FORCES 030 DEPOT MAINTENANCE 26,599 26,599 050 BASE SUPPORT 6,250 6,250 OPERATING FORCES TOTAL 32,849 32,849 TOTAL, OPERATION & MAINTENANCE, AF RESERVE 32,849 32,849 OPERATION & MAINTENANCE, ANG OPERATING FORCES 020 MISSION SUPPORT OPERATIONS 22,200 22,200 OPERATING FORCES TOTAL 22,200 22,200 TOTAL, OPERATION & MAINTENANCE, ANG 22,200 22,200 OPERATION AND MAINTENANCE, DEFENSE-WIDE OPERATING FORCES 020 SPECIAL OPERATIONS COMMAND 2,222,868 2,229,868 NSHQ—Transfer at DoD Request [7,000] OPERATING FORCES TOTAL 2,277,917 2,284,917 ADMINISTRATION AND SERVICEWIDE ACTIVITIES 080 DEFENSE CONTRACT AUDIT AGENCY 27,781 27,781 090 DEFENSE CONTRACT MANAGEMENT AGENCY 45,746 45,746 120 DEFENSE INFORMATION SYSTEMS AGENCY 76,348 76,348 140 DEFENSE LEGAL SERVICES AGENCY 99,538 99,538 160 DEFENSE MEDIA ACTIVITY 9,620 9,620 180 DEFENSE SECURITY COOPERATION AGENCY 1,950,000 1,950,000 240 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY 100,100 100,100 280 OFFICE OF THE SECRETARY OF DEFENSE 38,227 38,227 290 WASHINGTON HEADQUARTERS SERVICES 2,784 2,784 290A CLASSIFIED PROGRAMS 1,862,066 1,862,066 ADMINISTRATION AND SERVICEWIDE ACTIVITIES TOTAL 4,212,210 4,212,210 TOTAL, OPERATION AND MAINTENANCE, DEFENSE-WIDE 6,435,078 6,442,078 TOTAL, OPERATION & MAINTENANCE 62,829,052 62,962,352 XLIV MILITARY PERSONNEL 4401. MILITARY PERSONNEL SEC. 4401. MILITARY PERSONNEL Item FY 2014 Senate MILITARY PERSONNEL MILITARY PERSONNEL APPROPRIATIONS MILITARY PERSONNEL APPROPRIATIONS 130,399,881 130,129,881 Permanent Change of Station Travel [–150,000] Undistributed reduction consistent with pace of drawdown [–120,000] SUBTOTAL, MILITARY PERSONNEL APPROPRIATIONS 130,399,881 130,129,881 MEDICARE-ELIGIBLE RETIREE HEALTH FUND CONTRIBUTIONS MEDICARE-ELIGIBLE RETIREE HEALTH FUND CONTRIBUTIONS 6,676,750 6,676,750 SUBTOTAL, MEDICARE-ELIGIBLE RETIREE HEALTH FUND CONTRIBUTIONS 6,676,750 6,676,750 TOTAL, MILITARY PERSONNEL 137,076,631 136,806,631 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS Item FY 2014 Senate MILITARY PERSONNEL MILITARY PERSONNEL APPROPRIATIONS MILITARY PERSONNEL APPROPRIATIONS 9,689,307 9,689,307 SUBTOTAL, MILITARY PERSONNEL APPROPRIATIONS 9,689,307 9,689,307 MEDICARE-ELIGIBLE RETIREE HEALTH FUND CONTRIBUTIONS MEDICARE-ELIGIBLE RETIREE HEALTH FUND CONTRIBUTIONS 164,033 164,033 SUBTOTAL, MEDICARE-ELIGIBLE RETIREE HEALTH FUND CONTRIBUTIONS 164,033 164,033 TOTAL, MILITARY PERSONNEL 9,853,340 9,853,340 XLV OTHER AUTHORIZATIONS 4501. OTHER AUTHORIZATIONS SEC. 4501. OTHER AUTHORIZATIONS Line Item FY 2014 Senate WORKING CAPITAL FUND, ARMY 010 PREPOSITIONED WAR RESERVE STOCKS 25,158 25,158 TOTAL, WORKING CAPITAL FUND, ARMY 25,158 25,158 WORKING CAPITAL FUND, AIR FORCE 030 FUEL COSTS 61,731 61,731 TOTAL, WORKING CAPITAL FUND, AIR FORCE 61,731 61,731 WORKING CAPITAL FUND, DEFENSE-WIDE 010 DEFENSE LOGISTICS AGENCY (DLA) 46,428 46,428 TOTAL, WORKING CAPITAL FUND, DEFENSE-WIDE 46,428 46,428 WORKING CAPITAL FUND, DECA 010 WORKING CAPITAL FUND, DECA 1,412,510 1,412,510 TOTAL, WORKING CAPITAL FUND, DECA 1,412,510 1,412,510 TOTAL, ALL WORKING CAPITAL FUNDS 1,545,827 1,545,827 NATIONAL DEFENSE SEALIFT FUND 020 MPF MLP 134,917 22,717 Navy requested adjustment [–112,200] 030 POST DELIVERY AND OUTFITTING 43,404 43,404 050 LG MED SPD RO/RO MAINTENANCE 116,784 116,784 060 DOD MOBILIZATION ALTERATIONS 60,703 60,703 070 TAH MAINTENANCE 19,809 19,809 080 RESEARCH AND DEVELOPMENT 56,058 56,058 090 READY RESERVE FORCE 299,025 299,025 TOTAL, NATIONAL DEFENSE SEALIFT FUND 730,700 618,500 DEFENSE HEALTH PROGRAM DHP O&M 010 IN-HOUSE CARE 8,880,738 8,880,738 020 PRIVATE SECTOR CARE 15,842,732 15,842,732 030 CONSOLIDATED HEALTH SUPPORT 2,505,640 2,505,640 040 INFORMATION MANAGEMENT 1,450,619 1,450,619 050 MANAGEMENT ACTIVITIES 368,248 368,248 060 EDUCATION AND TRAINING 733,097 733,097 070 BASE OPERATIONS/COMMUNICATIONS 1,872,660 1,872,660 070A UNDISTRIBUTED, OPERATION & MAINTENANCE 0 218,000 Restore Tricare savings [218,000] SUBTOTAL, DHP O&M 31,653,734 31,871,734 DHP RDT&E 080 R&D RESEARCH 9,162 9,162 090 R&D EXPLORATRY DEVELOPMENT 47,977 47,977 100 R&D ADVANCED DEVELOPMENT 291,156 291,156 110 R&D DEMONSTRATION/VALIDATION 132,430 132,430 120 R&D ENGINEERING DEVELOPMENT 161,674 161,674 130 R&D MANAGEMENT AND SUPPORT 72,568 72,568 140 R&D CAPABILITIES ENHANCEMENT 14,646 14,646 SUBTOTAL, DHP RDT&E 729,613 729,613 DHP PROCUREMENT 170 PROC INITIAL OUTFITTING 89,404 89,404 180 PROC REPLACEMENT & MODERNIZATION 377,577 377,577 190 PROC IEHR 204,200 204,200 SUBTOTAL, DHP PROCUREMENT 671,181 671,181 TOTAL, DEFENSE HEALTH PROGRAM 33,054,528 33,272,528 CHEM AGENTS & MUNITIONS DESTRUCTION 01 OPERATION & MAINTENANCE 451,572 451,572 02 RDT&E 604,183 604,183 03 PROCUREMENT 1,368 1,368 TOTAL, CHEM AGENTS & MUNITIONS DESTRUCTION 1,057,123 1,057,123 DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF 010 DRUG INTERDICTION AND COUNTER DRUG ACTIVITIES 815,965 810,125 Joint Interagency Task Force—West (PC3309) [–3,000] U.S. European Comman Counternarcotics Hedquaters Support (PC2346) [–1,640] U.S. Special Operations Forces Support to U.S. European Command (PC6505) [–1,200] 030 DRUG DEMAND REDUCTION PROGRAM 122,580 122,580 TOTAL, DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF 938,545 932,705 OFFICE OF THE INSPECTOR GENERAL 010 OPERATION AND MAINTENANCE 311,131 347,031 Program increase [35,900] 030 PROCUREMENT 1,000 1,000 TOTAL, OFFICE OF THE INSPECTOR GENERAL 312,131 348,031 TOTAL, OTHER AUTHORIZATIONS 37,638,854 37,774,714 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS Line Item FY 2014 Senate WORKING CAPITAL FUND, ARMY 010 PREPOSITIONED WAR RESERVE STOCKS 44,732 44,732 TOTAL, WORKING CAPITAL FUND, ARMY 44,732 44,732 WORKING CAPITAL FUND, AIR FORCE 030 FUEL COSTS 88,500 88,500 TOTAL, WORKING CAPITAL FUND, AIR FORCE 88,500 88,500 WORKING CAPITAL FUND, DEFENSE-WIDE 010 DEFENSE LOGISTICS AGENCY (DLA) 131,678 131,678 TOTAL, WORKING CAPITAL FUND, DEFENSE-WIDE 131,678 131,678 TOTAL, ALL WORKING CAPITAL FUNDS 264,910 264,910 DEFENSE HEALTH PROGRAM DHP O&M 010 IN-HOUSE CARE 375,958 375,958 020 PRIVATE SECTOR CARE 382,560 382,560 030 CONSOLIDATED HEALTH SUPPORT 132,749 132,749 040 INFORMATION MANAGEMENT 2,238 2,238 050 MANAGEMENT ACTIVITIES 460 460 060 EDUCATION AND TRAINING 10,236 10,236 SUBTOTAL, DHP O&M 904,201 904,201 TOTAL, DEFENSE HEALTH PROGRAM 904,201 904,201 DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF 010 DRUG INTERDICTION AND COUNTER DRUG ACTIVITIES 376,305 376,305 TOTAL, DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF 376,305 376,305 OFFICE OF THE INSPECTOR GENERAL 010 OPERATION AND MAINTENANCE 10,766 10,766 TOTAL, OFFICE OF THE INSPECTOR GENERAL 10,766 10,766 TOTAL, OTHER AUTHORIZATIONS 1,556,182 1,556,182 XLVI MILITARY CONSTRUCTION 4601. MILITARY CONSTRUCTION SEC. 4601. MILITARY CONSTRUCTION Account State or Country and Installation Project Title Budget Senate ACTIVE SERVICIES MILITARY CONSTRUCTION ARMY MILITARY CONSTRUCTION Alaska ARMY Ft Wainwright Aviation Battalion Complex 45,000 45,000 ARMY Ft Wainwright Aviation Storage Hangar 58,000 58,000 Colorado ARMY Ft Carson, CO Fire Station 12,000 12,000 ARMY Ft Carson, CO Headquarters Building 33,000 33,000 ARMY Ft Carson, CO Aircraft Maintenance Hangar 73,000 73,000 ARMY Ft Carson, CO Aircraft Maintenance Hangar 66,000 66,000 ARMY Ft Carson, CO Runway 12,000 12,000 ARMY Ft Carson, CO Simulator Building 12,200 12,200 ARMY Ft Carson, CO Central Energy Plant 34,000 34,000 Florida ARMY Eglin AFB Automated Sniper Field Fire Range 4,700 4,700 GA ARMY Ft Gordon Adv Individual Training Barracks Cplx, Ph2 61,000 61,000 Hawaii ARMY Ft Shafter Command and Control Facility—Admin 75,000 75,000 Kansas ARMY Ft Leavenworth Simulations Center 17,000 17,000 Kentucky ARMY Ft Campbell, KY Battlefield Weather Support Facility 4,800 4,800 Maryland ARMY Aberdeen Proving Gnd Operations and Maintenance Facilities 21,000 21,000 ARMY Ft Detrick Hazardous Material Storage Building 4,600 4,600 ARMY Ft Detrick Entry Control Point 2,500 2,500 Missouri ARMY Ft Leonard Wood Adv Individual Training Barracks Cplx, Ph1 86,000 86,000 ARMY Ft Leonard Wood Simulator Building 4,700 4,700 New York ARMY U.S. Military Academy Cadet Barracks, Incr 2 42,000 42,000 NC ARMY Ft Bragg Command and Control Facility 5,900 5,900 Texas ARMY Ft Bliss Control Tower 10,800 10,800 ARMY Ft Bliss Unmanned Aerial Vehicle Complex 36,000 36,000 Virginia ARMY Jt Base Langley-Eustis Adv Individual Training Barracks Cplx, Ph3 50,000 50,000 Washington ARMY Yakima Automated Multipurpose Machine Gun Range 9,100 9,100 ARMY Jt Base Lewis-Mcchord Airfield Operations Complex 37,000 37,000 ARMY Jt Base Lewis-Mcchord Aircraft Maintenance Hangar 79,000 79,000 ARMY Jt Base Lewis-Mcchord Aviation Battalion Complex 28,000 28,000 Kwajalein ARMY Kwajalein Atoll Pier 63,000 63,000 Worldwide Classified ARMY Classified Location Company Operations Complex 33,000 33,000 Worldwide Unspec ARMY Unspec Worldwide Minor Construction Fy14 25,000 25,000 ARMY Unspec Worldwide Planning and Design Fy14 41,575 41,575 ARMY Unspec Worldwide Host Nation Support Fy14 33,000 33,000 SUBTOTAL, ARMY MILITARY CONSTRUCTION 1,119,875 1,119,875 NAVY MILITARY CONSTRUCTION California NAVY Barstow Engine Dynamometer Facility 14,998 14,998 NAVY Camp Pendleton, CA Ammunition Supply Point Upgrade 13,124 13,124 NAVY Point Mugu Aircraft Engine Test Pads 7,198 7,198 NAVY Point Mugu Bams Consolidated Maintenance Hangar 17,469 17,469 NAVY Port Hueneme Unaccompanied Housing Conversion 33,600 33,600 NAVY San Diego Steam Plant Decentralization 34,331 34,331 NAVY Twentynine Palms, CA Camp Wilson Infrastructure Upgrades 33,437 33,437 NAVY Coronado H–60 Trainer Facility 8,910 8,910 Florida NAVY Jacksonville P–8a Training & Parking Apron Expansion 20,752 20,752 NAVY Key West Aircraft Crash/Rescue & Fire Headquarters 14,001 14,001 NAVY Mayport Lcs Logistics Support Facility 16,093 16,093 GA NAVY Albany Weapons Storage and Inspection Facility 15,600 15,600 NAVY Albany Cers Dispatch Facility 1,010 1,010 NAVY Savannah Townsend Bombing Range Land Acq—Phase 1 61,717 61,717 Hawaii NAVY Kaneohe Bay Armory Addition and Renovation 12,952 12,952 NAVY Kaneohe Bay 3rd Radio Bn Maintenance/Operations Complex 25,336 25,336 NAVY Kaneohe Bay Aircraft Maintenance Hangar Upgrades 31,820 31,820 NAVY Kaneohe Bay Aircraft Maintenance Expansion 16,968 16,968 NAVY Kaneohe Bay Aviation Simulator Modernization/Addition 17,724 17,724 NAVY Kaneohe Bay Mv–22 Parking Apron and Infrastructure 74,665 74,665 NAVY Kaneohe Bay Mv–22 Hangar 57,517 57,517 NAVY Pearl City Water Transmission Line 30,100 30,100 NAVY Pearl Harbor Drydock Waterfront Facility 22,721 22,721 NAVY Pearl Harbor Submarine Production Support Facility 35,277 35,277 Illinois NAVY Great Lakes Unaccompanied Housing 35,851 35,851 Maine NAVY Bangor Nctams Vlf Commercial Power Connection 13,800 13,800 NAVY Kittery Structural Shops Consolidation 11,522 11,522 Maryland NAVY Ft Meade Marforcybercom HQ-Ops Building 83,988 83,988 Nevada NAVY Fallon Wastewater Treatment Plant 11,334 11,334 NC NAVY Camp Lejeune, NC Operations Training Complex 22,515 22,515 NAVY Camp Lejeune, NC Landfill—Phase 4 20,795 20,795 NAVY Camp Lejeune, NC Steam Decentralization—Camp Johnson 2,620 2,620 NAVY Camp Lejeune, NC Steam Decentralization—Hadnot Point 13,390 13,390 NAVY Camp Lejeune, NC Steam Decentralization—BEQ Nodes 18,679 18,679 NAVY New River Corrosion Control Hangar 12,547 12,547 NAVY New River Ch–53k Maintenance Training Facility 13,218 13,218 NAVY New River Regional Communication Station 20,098 20,098 Oklahoma NAVY Tinker AFB Tacamo E–6B Hangar 14,144 14,144 Rhode Island NAVY Newport Hewitt Hall Research Center 12,422 12,422 South Carolina NAVY Charleston Nuclear Power Operational Training Facility 73,932 73,932 Virginia NAVY Dam Neck Aerial Target Operation Consolidation 10,587 10,587 NAVY Norfolk Pier 11 Power Upgrades for Cvn–78 3,380 3,380 NAVY Quantico Atc Transmitter/Receiver Relocation 3,630 3,630 NAVY Quantico Fuller Road Improvements 9,013 9,013 NAVY Quantico Academic Instruction Facility Tecom Schools 25,731 25,731 NAVY Yorktown Small Arms Ranges 18,700 18,700 Washington NAVY Whidbey Island Ea–18g Facility Improvements 32,482 32,482 NAVY Whidbey Island P–8a Hangar and Training Facilities 85,167 85,167 NAVY Bremerton Integrated Water Treatment Sys Dry Docks 3&4 18,189 18,189 NAVY Kitsap Explosives Handling Wharf #2 (Inc) 24,880 24,880 Guam NAVY Jt Region Marianas Bams Forward Operational & Maintenance Hangar 61,702 61,702 NAVY Jt Region Marianas Aircraft Maintenance Hangar—North Ramp 85,673 0 NAVY Jt Region Marianas Modular Storage Magazines 63,382 63,382 NAVY Jt Region Marianas X-Ray Wharf Improvements 53,420 53,420 NAVY Jt Region Marianas Emergent Repair Facility Expansion 35,860 35,860 NAVY Jt Region Marianas Dehumidified Supply Storage Facility 17,170 17,170 NAVY Jt Region Marianas Sierra Wharf Improvements 1,170 1,170 Japan NAVY Yokosuka Communication System Upgrade 7,568 7,568 NAVY Camp Butler Airfield Security Upgrades 5,820 5,820 Djibouti NAVY Camp Lemonier, Djibouti Armory 6,420 6,420 NAVY Camp Lemonier, Djibouti Unaccompanied Housing 22,580 22,580 Worldwide Unspec NAVY Unspec Worldwide Unspecified Minor Construction 19,740 19,740 NAVY Unspec Worldwide Mcon Design Funds 89,830 89,830 SUBTOTAL, NAVY MILITARY CONSTRUCTION 1,700,269 1,614,596 AIR FORCE MILITARY CONSTRUCTION Arizona AF Luke AFB F–35 Field Training Detachment 5,500 5,500 AF Luke AFB F–35 Sq Ops/Aircraft Maintenance Unit #3 21,400 21,400 California AF Beale AFB Distributed Common Ground Station Ops Bldg 62,000 62,000 Florida AF Tyndall AFB F–22 Munitions Storage Complex 9,100 9,100 Hawaii AF Jt Base Pearl Harbor-Hickam C–17 Modernize Hgr 35, Docks 1&2 4,800 4,800 Kansas AF Mcconnell AFB KC–46a 1–Bay Maintenance Hangar (Air Force Requested Change) 32,000 AF Mcconnell AFB KC–46a 2–Bay Corrosion/Fuel Hangar (Air Force Requested Change) 82,000 AF Mcconnell AFB KC–46a 3–Bay General Purpose Maintenance Hangar (Air Force Requested Change) 80,000 AF Mcconnell AFB KC–46a Adal Flight Simulator Buildings (Air Force Requested Change) 2,150 AF Mcconnell AFB KC–46a Alter Aircraft Parking Apron (Air Force Requested Change) 2,200 AF Mcconnell AFB KC–46a Alter Apron Fuels Distribution Systems (Air Force Requested Change) 12,800 AF Mcconnell AFB KC–46a Alter Miscellaneous Facilities (Air Force Requested Change) 970 AF Mcconnell AFB KC–46a Pipeline Student Dormitory (Air Force Requested Change) 7,000 Kentucky AF Ft Campbell, KY 19th Air Support Operations Sqdrn Expansion 8,000 8,000 Maryland AF Ft Meade Cybercom Joint Operations Center, Increment 1 85,000 85,000 AF Jt Base Andrews Helicopter Operations Facility 30,000 30,000 Missouri AF Whiteman AFB Wsa Mop Igloos and Assembly Facility 5,900 5,900 Nebraska AF Offutt AFB Usstratcom Replacement Facility, Incr 3 136,000 136,000 Nevada AF Nellis AFB Dormitory (240 Rm) 35,000 35,000 AF Nellis AFB F–35 Alt Mission Equip (Ame) Storage 5,000 5,000 AF Nellis AFB F–35 Parts Store 9,100 9,100 AF Nellis AFB F–35 Fuel Cell Hangar 9,400 9,400 AF Nellis AFB Add Rpa Weapons School Facility 20,000 20,000 New Mexico AF Cannon AFB Airmen and Family Readiness Center 5,500 5,500 AF Cannon AFB Satellite Dining Facility 6,600 6,600 AF Cannon AFB Dormitory (144 Rm) 22,000 22,000 AF Holloman AFB F–16 Aircraft Covered Washrack and Pad 2,250 2,250 AF Kirtland AFB Nuclear Systems Wing & Sustainment Center (Ph 30,500 30,500 North Dakota AF Minot AFB B–52 Adal Aircraft Maintenance Unit 15,530 15,530 AF Minot AFB B–52 Munitions Storage Igloos 8,300 8,300 Oklahoma AF Tinker AFB KC–46a Land Acquisition 8,600 8,600 AF Altus AFB KC–46a Ftu Adal Fuel Systems Maintenance Dock for Hangar (Air Force Requested Change) 3,350 AF Altus AFB KC–46a Ftu Adal Squadron Operations/AMU (Air Force Requested Change) 7,400 AF Altus AFB KC–46a Ftu Ftc Simulator Facility (Air Force Requested Change) 12,600 AF Altus AFB KC–46a Ftu Fuselage Trainer (Air Force Requested Change) 6,300 AF Altus AFB KC–46a Renovate Facility for 97 Og and 97 Mxts (Air Force Requested Change) 1,200 Texas AF Ft Bliss F–16 Bak 12/14 Aircraft Arresting System 3,350 3,350 Utah AF Hill AFB Fire Crash Rescue Station 18,500 18,500 AF Hill AFB F–35 Aircraft Mx Unit Hangar 45e Ops #1 13,500 13,500 Virginia AF Jt Base Langley-Eustis 4–Bay Conventional Munitions Inspection Bldg 4,800 4,800 Greenland AF Thule Ab Thule Consolidation, Phase 2 43,904 43,904 Guam AF Jt Region Marianas Par—Tanker Gp Mx Hangar/AMU/Sqd Ops 132,600 0 AF Jt Region Marianas Par—Fuel Sys Hardened Bldgs 20,000 0 AF Jt Region Marianas Par—Strike Tactical Missile Mxs Facility 10,530 10,530 AF Jt Region Marianas Prtc Red Horse Airfield Operations Facility 8,500 8,500 AF Jt Region Marianas Prtc Sf Fire Rescue & Emergency Mgt 4,600 4,600 Mariana Islands AF Saipan Par—Maintenance Facility 2,800 2,800 AF Saipan Par—Airport Pol/Bulk Storage Ast 18,500 18,500 AF Saipan Par—Hazardous Cargo Pad 8,000 8,000 United Kingdom AF Royal AF Lakenheath Guardian Angel Operations Facility 22,047 0 AF Croughton Raf Main Gate Complex 12,000 0 Worldwide Unspec AF Unspec Worldwide KC–46a Mob #1 Facility Projects 192,700 0 Air Force Requested Change [–192,700] Worldwide Unspec AF Unspec Worldwide KC–46a Ftu Facility Projects 63,000 0 Air Force Requested Change [–63,000] Worldwide Unspec AF Unspec Worldwide Unspecified Minor Construction 20,448 20,448 AF Unspec Worldwide Planning & Design 11,314 11,314 SUBTOTAL, AIR FORCE MILITARY CONSTRUCTION 1,156,573 964,196 DEFENSE-WIDE MILITARY CONSTRUCTION Belgium DEFW Brussels NATO Headquarters Facility 38,513 38,513 DEFW Brussels NATO Headquarters Fit-Out 29,100 29,100 Worldwide Unspec DEFW Unspec Worldwide Energy Conservation Investment Prgm 150,000 150,000 DEFW Unspec Worldwide Contingency Construction 10,000 10,000 Hawaii DISA Ford Island DISA Pacific Facility Upgrades 2,615 2,615 California DLA Defense Dist Depot-Tracy General Purpose Warehouse 37,554 37,554 DLA Miramar Replace Fuel Pipeline 6,000 6,000 Florida DLA Jacksonville Replace Fuel Pipeline 7,500 7,500 DLA Panama City Replace Ground Vehicle Fueling Facility 2,600 2,600 DLA Tyndall AFB Replace Fuel Pipeline 9,500 9,500 GA DLA Moody AFB Replace Ground Vehicle Fueling Facility 3,800 3,800 DLA Hunter Army Airfield Replace Fuel Island 13,500 13,500 Hawaii DLA Jt Base Pearl Harbor-Hickam Alter Warehouse Space 2,800 2,800 New Jersey DLA Jt Base Mcguire-Dix-Lakehurst Replace Fuel Distribution Components 10,000 10,000 New Mexico DLA Holloman AFB Replace Hydrant Fuel System 21,400 21,400 North Dakota DLA Minot AFB Replace Fuel Pipeline 6,400 6,400 Oklahoma DLA Altus AFB Replace Refueler Parking 2,100 2,100 DLA Tinker AFB Replace Fuel Distribution Facilities 36,000 36,000 Pennsylvania DLA Def Dist Depot New Cumberland Upgrade Public Safety Facility 5,900 5,900 DLA Def Dist Depot New Cumberland Upgrade Hazardous Material Warehouse 3,100 3,100 Tennessee DLA Arnold AF Base Replace Ground Vehicle Fueling Facility 2,200 2,200 Virginia DLA Def Dist Depot Richmond Operations Center Phase 1 87,000 87,000 Washington DLA Whidbey Island Replace Fuel Pier Breakwater 10,000 10,000 Japan DLA Atsugi Replace Ground Vehicle Fueling Facility 4,100 4,100 DLA Iwakuni Construct Hydrant Fuel System 34,000 34,000 DLA Yokosuka Upgrade Fuel Pumps 10,600 10,600 United Kingdom DLA Raf Mildenhall Replace Fuel Storage 17,732 0 GA DODEA Ft Benning Faith Middle School Addition 6,031 6,031 DODEA Ft Benning White Elemtary School Replacement 37,304 37,304 DODEA Ft Stewart, GA Diamond Elementary School Replacement 44,504 44,504 Kentucky DODEA Ft Campbell, KY Marshall Elementary School Replacement 38,591 38,591 DODEA Ft Campbell, KY Fort Campbell High School Replacement 59,278 59,278 DODEA Ft Knox Consolidate/Replace Van Voorhis-Mudge Es 38,023 38,023 Massachusetts DODEA Hanscom AFB Hanscom Primary School Replacement 36,213 36,213 NC DODEA Ft Bragg Consolidate/Replace Pope Holbrook Elementary 37,032 37,032 South Carolina DODEA Beauft Bolden Elementary/Middle School Replacement 41,324 41,324 Virginia DODEA Quantico Quantico Middle/High School Replacement 40,586 40,586 Germany DODEA Kaiserlautern Ab Kaiserslautern Elementary School Replacement 49,907 0 DODEA Ramstein Ab Ramstein High School Replacement 98,762 0 DODEA Weisbaden Hainerberg Elementary School Replacement 58,899 0 DODEA Weisbaden Wiesbaden Middle School Replacement 50,756 0 Japan DODEA Kadena Ab Kadena Middle School Addition/Renovation 38,792 38,792 Korea DODEA Camp Walker Daegu Middle/High School Replacement 52,164 52,164 United Kingdom DODEA Royal AF Lakenheath Lakenheath High School Replacement 69,638 0 Alaska MDA Clear AFS Bmds Upgrade Early Warning Radar 17,204 17,204 MDA Ft Greely Mechanical-Electrical Bldg Missile Field #1 82,000 82,000 Romania MDA Deveselu, Romania Aegis Ashore Missile Def Sys Cmplx, Increm. 2 85,000 85,000 Worldwide Classified MDA Classified Location an/Tpy–2 Radar Site 15,000 15,000 Maryland NSA Ft Meade NSAW Recapitalize Building #1/Site M Inc 2 58,000 58,000 NSA Ft Meade High Performance Computing Capacity Inc 3 431,000 381,000 California SOCOM Brawley SOF Desert Warfare Training Center 23,095 23,095 Colorado SOCOM Ft Carson, CO SOF Group Support Battalion 22,282 22,282 Florida SOCOM Hurlburt Field SOF Add/Alter Operations Facility 7,900 7,900 SOCOM Key West SOF Boat Docks 3,600 3,600 Kentucky SOCOM Ft Campbell, KY SOF Group Special Troops Battalion 26,342 26,342 NC SOCOM Camp Lejeune, NC SOF Performance Resiliency Center 14,400 14,400 SOCOM Camp Lejeune, NC SOF Sustainment Training Complex 28,977 28,977 SOCOM Ft Bragg SOF Upgrade Training Facility 14,719 14,719 SOCOM Ft Bragg SOF Engineer Training Facility 10,419 10,419 SOCOM Ft Bragg SOF Civil Affairs Battalion Annex 37,689 37,689 SOCOM Ft Bragg SOF Language and Cultural Center 64,606 64,606 SOCOM Ft Bragg SOF Combat Medic Skills Sustain. Course Bldg 7,600 7,600 Virginia SOCOM Dam Neck SOF Human Performance Center 11,147 11,147 SOCOM Jt Exp Base Little Creek—Story SOF Logsu Two Operations Facility 30,404 30,404 Japan SOCOM Torri Commo Station SOF Facility Augmentation 71,451 71,451 United Kingdom SOCOM Raf Mildenhall SOF Squadron Operations Facility 11,652 0 SOCOM Raf Mildenhall SOF Hangar/AMU 24,371 0 SOCOM Raf Mildenhall SOF Airfiled Pavements 24,077 0 SOCOM Raf Mildenhall SOF Mrsp and Parts Storage 6,797 0 Kentucky TMA Ft Knox Ambulatory Health Center 265,000 75,000 Maryland TMA Aberdeen Proving Gnd Public Health Command Lab Replacement 210,000 75,000 TMA Bethesda Naval Hospital Mech & Electrical Improvements 46,800 46,800 TMA Bethesda Naval Hospital Parking Garage 20,000 20,000 TMA Ft Detrick USAMRIID Replacement Stage 1, Incr 8 13,000 13,000 TMA Jt Base Andrews Ambulatory Care Center Inc 2 76,200 38,100 New Mexico TMA Holloman AFB Medical Clinic Replacement 60,000 60,000 Texas TMA Ft Bliss Hospital Replacement Incr 5 252,100 100,000 TMA Jt Base San Antonio Sammc Hyperbaric Facility Addition 12,600 12,600 Bahrain Island TMA Sw Asia Medical/Dental Clinic Replacement 45,400 45,400 Germany TMA Rhine Ordnance Barracks Medical Center Replacement, Incr 3 151,545 76,545 Virginia WHS Pentagon Pfpa Support Operations Center 14,800 14,800 WHS Pentagon Boundary Channel Access Control Point 6,700 6,700 WHS Pentagon Army Navy Drive Tour Bus Drop Off 1,850 0 WHS Pentagon Raven Rock Exterior Cooling Tower 4,100 4,100 WHS Pentagon Raven Rock Administrative Facility Upgrade 32,000 32,000 Worldwide Unspec DEFW Unspec Worldwide Unspecified Minor Construction 3,000 3,000 DLA Unspec Worldwide Unspecified Minor Construction 7,430 7,430 DODEA Unspec Worldwide Unspecified Minor Construction 5,409 5,409 MDA Unspec Worldwide Unspecified Minor Construction 2,000 2,000 NSA Unspec Worldwide Unspecified Minor Construction 1,500 1,500 SOCOM Unspec Worldwide Unspecified Minor Construction 5,170 5,170 TJS Unspec Worldwide Exercise Related Minor Construction 9,730 9,730 TMA Unspec Worldwide Unspecified Minor Construction 9,578 9,578 DEFW Unspec Worldwide Planning and Design 50,192 50,192 DODEA Unspec Worldwide Planning and Design 75,905 75,905 MDA Unspec Worldwide Planning & Design 10,891 10,891 NSA Unspec Worldwide Planning and Design 57,053 57,053 SOCOM Unspec Worldwide Planning and Design 36,866 36,866 WHS Unspec Worldwide Planning and Design 6,931 6,931 SUBTOTAL, DEFENSE-WIDE MILITARY CONSTRUCTION 3,985,300 2,930,659 SUBTOTAL, ACTIVE SERVICES MILITARY CONSTRUCTION 7,962,017 6,629,326 NATIONAL GUARD MILITARY CONSTRUCTION ARMY NATIONAL GUARD MILITARY CONSTRUCTION Alabama ARMY Decatur National Guard Readiness Center Add/Alt 4,000 4,000 Arkansas ARMY Ft Chaffee Scout/Recce Gunnery Complex 21,000 21,000 Florida ARMY Pinellas Park Ready Building 5,700 5,700 Illinois ARMY Kankakee Readiness Center 14,000 14,000 ARMY Kankakee Aircraft Maintenance Hangar 28,000 28,000 Massachusetts ARMY Camp Edwards Enlisted Barracks, Transient Training Add 19,000 19,000 Michigan ARMY Camp Grayling Enlisted Barracks, Transient Training 17,000 17,000 Minnesota ARMY Stillwater Readiness Center 17,000 17,000 Mississippi ARMY Camp Shelby Water Supply/Treatment Building, Potable 3,000 3,000 ARMY Pascagoula Readiness Center 4,500 4,500 Missouri ARMY Macon Vehicle Maintenance Shop 9,100 9,100 ARMY Whiteman AFB Aircraft Maintenance Hangar 5,000 5,000 New York ARMY New York Readiness Center Add/Alt 31,000 31,000 Ohio ARMY Ravenna Army Ammu Plant Sanitary Sewer 5,200 5,200 Pennsylvania ARMY Ft Indiantown Gap Aircraft Maintenance Instructional Building 40,000 40,000 South Carolina ARMY Greenville Vehicle Maintenance Shop 13,000 13,000 ARMY Greenville Readiness Center 13,000 13,000 Texas ARMY Ft Worth Armed Forces Reserve Center Add 14,270 14,270 Wyoming ARMY Afton National Guard Readiness Center 10,200 10,200 Puerto Rico ARMY Camp Santiago Maneuver Area Training & Equipment Site Addit 5,600 5,600 Worldwide Unspec ARMY Unspec Worldwide Unspecified Minor Construction 12,240 12,240 ARMY Unspec Worldwide Planning and Design 29,005 29,005 SUBTOTAL, ARMY NATIONAL GUARD MILITARY CONSTRUCTION 320,815 320,815 AIR NATIONAL GUARD MILITARY CONSTRUCTION Alabama AF Birmingham IAP Add to and Alter Distributed Ground Station F 8,500 8,500 Indiana AF Hulman Regional Airport Add/Alter Bldg 37 for Dist Common Ground Sta 7,300 7,300 Maryland AF Ft Meade 175th Network Warfare Squadron Facility 4,000 4,000 AF Martin State Airport Cyber/ISR Facility 8,000 8,000 Montana AF Great Falls IAP Intra-Theater Airlift Conversion 22,000 22,000 New York AF Ft Drum, New York Mq–9 Flight Training Unit Hangar 4,700 4,700 Ohio AF Springfield Beckley-Map Alter Intelligence Operations Facility 7,200 7,200 Pennsylvania AF Ft Indiantown Gap Communications Operations and Training Facili 7,700 7,700 Rhode Island AF Quonset State Airport C–130J Flight Simulator Training Facility 6,000 6,000 Tennessee AF Mcghee-Tyson Airport Tec Expansion- Dormitory & Classroom Facility 18,000 18,000 Worldwide Unspec AF Various Worldwide Unspecified Minor Construction 13,000 13,000 AF Various Worldwide Planning and Design 13,400 13,400 SUBTOTAL, AIR NATIONAL GUARD MILITARY CONSTRUCTION 119,800 119,800 SUBTOTAL, NATIONAL GUARD MILITARY CONSTRUCTION 440,615 440,615 RESERVE MILITARY CONSTRUCTION ARMY RESERVE MILITARY CONSTRUCTION California ARMY Camp Parks Army Reserve Center 17,500 17,500 ARMY Ft Hunter Liggett Tass Training Center (Ttc) 16,500 16,500 Maryland ARMY Bowie Army Reserve Center 25,500 25,500 New Jersey ARMY Jt Base Mcguire-Dix-Lakehurst Consolidated Dining Facility 13,400 13,400 ARMY Jt Base Mcguire-Dix-Lakehurst Central Issue Facility 7,900 7,900 ARMY Jt Base Mcguire-Dix-Lakehurst Automated Multipurpose Machine Gun (Mpmg) 9,500 9,500 ARMY Jt Base Mcguire-Dix-Lakehurst Modified Record Fire Range 5,400 5,400 New York ARMY Bullville Army Reserve Center 14,500 14,500 NC ARMY Ft Bragg Army Reserve Center 24,500 24,500 Wisconsin ARMY Ft Mccoy Access Control Point/Mail/Freight Center 17,500 17,500 ARMY Ft Mccoy Nco Academy Dining Facility 5,900 5,900 Worldwide Unspec ARMY Unspec Worldwide Unspecified Minor Construction 1,748 1,748 ARMY Unspec Worldwide Planning and Design 14,212 14,212 SUBTOTAL, ARMY RESERVE MILITARY CONSTRUCTION 174,060 174,060 NAVY RESERVE MILITARY CONSTRUCTION California NAVY March AFB NOSC Moreno Valley Reserve Training Center 11,086 11,086 Missouri NAVY Kansas City Reserve Training Center—Belton, Missouri 15,020 15,020 Tennessee NAVY Memphis Reserve Boat Maintenance and Storage Facility 4,330 4,330 Worldwide Unspec NAVY Unspec Worldwide Usmcr Planning and Design 1,040 1,040 NAVY Unspec Worldwide Mcnr Planning & Design 1,500 1,500 SUBTOTAL, NAVY RESERVE MILITARY CONSTRUCTION 32,976 32,976 AIR FORCE RESERVE MILITARY CONSTRUCTION California AF March AFB Joint Regional Deployment Processing Center, 19,900 19,900 Florida AF Homestead AFS Entry Control Complex 9,800 9,800 Oklahoma AF Tinker AFB Air Control Group Squadron Operations 12,200 12,200 Worldwide Unspec AF Various Worldwide Unspecified Minor Construction 1,530 1,530 AF Various Worldwide Planning and Design 2,229 2,229 SUBTOTAL, AIR FORCE RESERVE MILITARY CONSTRUCTION 45,659 45,659 SUBTOTAL, RESERVE MILITARY CONSTRUCTION 252,695 252,695 TOTAL, MILITARY CONSTRUCTION MAJOR ACCOUNTS 8,655,327 7,322,636 CHEM-DEMIL Kentucky ARMY Blue Grass Army Depot Ammunition Demilitarization Facility, Ph Xiv 122,536 122,536 SUBTOTAL, CHEM-DEMIL 122,536 122,536 NATO SECURITY INVESTMENT PROGRAM Worldwide Unspec DEFW NATO Security Investment Prgm NATO Security Investment Prgm 239,700 239,700 SUBTOTAL, NATO SECURITY INVESTMENT PROGRAM 239,700 239,700 MILITARY FAMILY HOUSING ARMY FAMILY HOUSING ARMY FAMILY HOUSING CONSTRUCTION Wisconsin ARMY Ft Mccoy Family Housing New Construction (56 Units) 23,000 23,000 Germany ARMY South Camp Vilseck Family Housing New Construction (29 Units) 16,600 0 Worldwide Unspec ARMY Unspec Worldwide Family Housing P & D 4,408 4,408 SUBTOTAL, ARMY FAMILY HOUSING CONSTRUCTION 44,008 27,408 ARMY FAMILY HOUSING O&M Worldwide Unspec ARMY Unspec Worldwide Utilities 96,907 96,907 ARMY Unspec Worldwide Management Account 54,433 54,433 ARMY Unspec Worldwide Services 13,536 13,536 ARMY Unspec Worldwide Furnishings 33,125 33,125 ARMY Unspec Worldwide Miscellaneous 646 646 ARMY Unspec Worldwide Leased Housing 180,924 180,924 ARMY Unspec Worldwide Maintenance of Real Property Facilities 107,639 107,639 ARMY Unspec Worldwide Military Housing Privitization Initiative 25,661 25,661 SUBTOTAL, ARMY FAMILY HOUSING O&M 512,871 512,871 SUBTOTAL, ARMY FAMILY HOUSING 556,879 540,279 NAVY FAMILY HOUSING NAVY FAMILY HOUSING CONSTRUCTION Worldwide Unspec NAVY Unspec Worldwide Improvements 68,969 68,969 NAVY Unspec Worldwide Design 4,438 4,438 SUBTOTAL, NAVY FAMILY HOUSING CONSTRUCTION 73,407 73,407 NAVY FAMILY HOUSING O&M Worldwide Unspec NAVY Unspec Worldwide Utilities Account 94,313 94,313 NAVY Unspec Worldwide Furnishings Account 21,073 21,073 NAVY Unspec Worldwide Management Account 60,782 60,782 NAVY Unspec Worldwide Miscellaneous Account 362 362 NAVY Unspec Worldwide Services Account 20,596 20,596 NAVY Unspec Worldwide Leasing 74,962 74,962 NAVY Unspec Worldwide Maintenance of Real Property 90,122 90,122 NAVY Unspec Worldwide Privatization Support Costs 27,634 27,634 SUBTOTAL, NAVY FAMILY HOUSING O&M 389,844 389,844 SUBTOTAL, NAVY FAMILY HOUSING 463,251 463,251 AIR FORCE FAMILY HOUSING AIR FORCE FAMILY HOUSING CONSTRUCTION Worldwide Unspec AF Unspec Worldwide Improvements 72,093 72,093 AF Unspec Worldwide Planning and Design 4,267 4,267 SUBTOTAL, AIR FORCE FAMILY HOUSING CONSTRUCTION 76,360 76,360 AIR FORCE FAMILY HOUSING O&M Worldwide Unspec AF Unspec Worldwide Utilities Account 70,532 70,532 AF Unspec Worldwide Management Account 53,044 53,044 AF Unspec Worldwide Services Account 16,862 16,862 AF Unspec Worldwide Furnishings Account 39,470 39,470 AF Unspec Worldwide Miscellaneous Account 1,954 1,954 AF Unspec Worldwide Leasing 54,514 54,514 AF Unspec Worldwide Maintenance (Rpma Rpmc) 110,786 110,786 AF Unspec Worldwide Housing Privatization 41,436 41,436 SUBTOTAL, AIR FORCE FAMILY HOUSING O&M 388,598 388,598 SUBTOTAL, AIR FORCE FAMILY HOUSING 464,958 464,958 DEFENSE-WIDE FAMILY HOUSING DEFENSE-WIDE FAMILY HOUSING O&M Worldwide Unspec DLA Unspec Worldwide Utilities Account 288 288 NSA Unspec Worldwide Utilities Account 12 12 DIA Unspec Worldwide Furnishings Account 3,196 3,196 DLA Unspec Worldwide Furnishings Account 20 20 DLA Unspec Worldwide Services Account 32 32 DLA Unspec Worldwide Management Account 418 418 NSA Unspec Worldwide Furnishings Account 67 67 DIA Unspec Worldwide Leasing 40,433 40,433 NSA Unspec Worldwide Leasing 10,994 10,994 DLA Unspec Worldwide Maintenance of Real Property 311 311 NSA Unspec Worldwide Maintenance of Real Property 74 74 SUBTOTAL, DEFENSE-WIDE FAMILY HOUSING O&M 55,845 55,845 SUBTOTAL, DEFENSE-WIDE FAMILY HOUSING 55,845 55,845 DOD FAMILY HOUSING IMPROVEMENT FUND Worldwide Unspec DEFW Unspec Worldwide Family Housing Improvement Fund 1,780 1,780 SUBTOTAL, DOD FAMILY HOUSING IMPROVEMENT FUND 1,780 1,780 TOTAL, FAMILY HOUSING 1,542,713 1,526,113 BASE REALIGNMENT & CLOSURE ARMY BASE REALIGNMENT & CLOSURE Worldwide Unspec ARMY BRAC, Army Base Realignment and Closure 180,401 180,401 SUBTOTAL, ARMY BASE REALIGNMENT & CLOSURE 180,401 180,401 NAVY BASE REALIGNMENT & CLOSURE Worldwide Unspec NAVY BRAC, Navy Base Realignment & Closure 108,300 108,300 NAVY Unspec Worldwide Don–172: NWS Seal Beach, Concord, CA 5,766 5,766 NAVY Unspec Worldwide Don–138: NAS Brunswick, ME 993 993 NAVY Unspec Worldwide Don–157: Mcsa Kansas City, MO 40 40 NAVY Unspec Worldwide Don–84: JRB Willow Grove & Cambria Reg Ap 1,216 1,216 NAVY Unspec Worldwide Don–100: Planing, Design and Management 7,277 7,277 NAVY Unspec Worldwide Don–101: Various Locations 20,988 20,988 SUBTOTAL, NAVY BASE REALIGNMENT & CLOSURE 144,580 144,580 AIR FORCE BASE REALIGNMENT & CLOSURE Worldwide Unspec AF Unspec Worldwide Dod BRAC Activities—AF 126,376 126,376 SUBTOTAL, AIR FORCE BASE REALIGNMENT & CLOSURE 126,376 126,376 TOTAL, BASE REALIGNMENT & CLOSURE 451,357 451,357 TOTAL, MILITARY CONSTRUCTION SECONDARY ACCOUNTS 2,356,306 2,339,706 GRAND TOTAL, MILITARY CONSTRUCTION 11,011,633 9,662,342 XLVII DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Program FY 2014 Senate ELECTRICITY DELIVERY & ENERGY RELIABILITY ELECTRICITY DELIVERY & ENERGY RELIABILITY INFRASTRUCTURE SECURITY & ENERGY RESTORATION (HS) 16,000 0 Not a defense function [–16,000] TOTAL, ELECTRICITY DELIVERY & ENERGY RELIABILITY 16,000 0 NUCLEAR ENERGY IDAHO SITEWIDE SAFEGUARDS AND SECURITY 94,000 94,000 TOTAL, NUCLEAR ENERGY 94,000 94,000 WEAPONS ACTIVITIES LIFE EXTENSION PROGRAMS AND MAJOR ALTERATIONS B61 LIFE EXTENSION PROGRAM 537,044 537,044 W76 LIFE EXTENSION PROGRAM 235,382 235,382 W78/88–1 LIFE EXTENSION PROGRAM 72,691 72,691 W88 ALT 370 169,487 169,487 TOTAL, STOCKPILE ASSESSMENT AND DESIGN 1,014,604 1,014,604 STOCKPILE SYSTEMS B61 STOCKPILE SYSTEMS 83,536 83,536 W76 STOCKPILE SYSTEMS 47,187 47,187 W78 STOCKPILE SYSTEMS 54,381 54,381 W80 STOCKPILE SYSTEMS 50,330 50,330 B83 STOCKPILE SYSTEMS 54,948 54,948 W87 STOCKPILE SYSTEMS 101,506 101,506 W88 STOCKPILE SYSTEMS 62,600 62,600 TOTAL, STOCKPILE SYSTEMS 454,488 454,488 WEAPONS DISMANTLEMENT AND DISPOSITION OPERATIONS AND MAINTENANCE 49,264 49,264 STOCKPILE SERVICES PRODUCTION SUPPORT 321,416 321,416 RESEARCH AND DEVELOPMENT SUPPORT 26,349 26,349 R&D CERTIFICATION AND SAFETY 191,259 191,259 MANAGEMENT, TECHNOLOGY, AND PRODUCTION 214,187 214,187 PLUTONIUM SUSTAINMENT 156,949 156,949 TOTAL, STOCKPILE SERVICES 910,160 910,160 TOTAL, DIRECTED STOCKPILE WORK 2,428,516 2,428,516 CAMPAIGNS: SCIENCE CAMPAIGN ADVANCED CERTIFICATION 54,730 54,730 PRIMARY ASSESSMENT TECHNOLOGIES 109,231 109,231 DYNAMIC MATERIALS PROPERTIES 116,965 116,965 ADVANCED RADIOGRAPHY 30,509 30,509 SECONDARY ASSESSMENT TECHNOLOGIES 86,467 86,467 TOTAL, SCIENCE CAMPAIGN 397,902 397,902 ENGINEERING CAMPAIGN ENHANCED SURETY 51,771 51,771 WEAPON SYSTEMS ENGINEERING ASSESSMENT TECHNOLOGY 23,727 23,727 NUCLEAR SURVIVABILITY 19,504 19,504 ENHANCED SURVEILLANCE 54,909 54,909 TOTAL, ENGINEERING CAMPAIGN 149,911 149,911 INERTIAL CONFINEMENT FUSION IGNITION AND HIGH YIELD CAMPAIGN IGNITION 80,245 80,245 SUPPORT OF OTHER STOCKPILE PROGRAMS 15,001 15,001 DIAGNOSTICS, CRYOGENICS AND EXPERIMENTAL SUPPORT 59,897 59,897 PULSED POWER INERTIAL CONFINEMENT FUSION 5,024 5,024 JOINT PROGRAM IN HIGH ENERGY DENSITY LABORATORY PLASMAS 8,198 8,198 FACILITY OPERATIONS AND TARGET PRODUCTION 232,678 232,678 TOTAL, INERTIAL CONFINEMENT FUSION AND HIGH YIELD CAMPAIGN 401,043 401,043 ADVANCED SIMULATION AND COMPUTING CAMPAIGN 564,329 564,329 READINESS CAMPAIGN COMPONENT MANUFACTURING DEVELOPMENT 106,085 106,085 TRITIUM READINESS 91,695 91,695 TOTAL, READINESS CAMPAIGN 197,780 197,780 TOTAL, CAMPAIGNS 1,710,965 1,710,965 NUCLEAR PROGRAMS NUCLEAR OPERATIONS CAPABILITY 265,937 265,937 CAPABILITIES BASED INVESTMENTS 39,558 39,558 CONSTRUCTION: 12–D–301 TRU WASTE FACILITIES, LANL 26,722 26,722 11–D–801 TA–55 REINVESTMENT PROJECT PHASE 2, LANL 30,679 30,679 07–D–220 RADIOACTIVE LIQUID WASTE TREATMENT FACILITY UPGRADE PROJECT, LANL 55,719 55,719 06–D–141 PED/CONSTRUCTION, URANIUM CAPABILITIES REPLACEMENT PROJECT Y–12 325,835 325,835 TOTAL, CONSTRUCTION 438,955 438,955 TOTAL, NUCLEAR PROGRAMS 744,450 744,450 SECURE TRANSPORTATION ASSET OPERATIONS AND EQUIPMENT 122,072 122,072 PROGRAM DIRECTION 97,118 97,118 TOTAL, SECURE TRANSPORTATION ASSET 219,190 219,190 SITE STEWARDSHIP NUCLEAR MATERIALS INTEGRATION 17,679 17,679 CORPORATE PROJECT MANAGEMENT 13,017 13,017 MINORITY SERVING INSTITUTION PARTNERSHIPS PROGRAM 14,531 14,531 ENTERPRISE INFRASTRUCTURE SITE OPERATIONS 1,112,455 1,112,455 SITE SUPPORT 109,561 109,561 SUSTAINMENT 433,764 433,764 FACILITIES DISPOSITION 5,000 5,000 SUBTOTAL, ENTERPRISE INFRASTRUCTURE 1,660,780 1,660,780 TOTAL, SITE STEWARDSHIP 1,706,007 1,706,007 DEFENSE NUCLEAR SECURITY OPERATIONS AND MAINTENANCE 664,981 664,981 CONSTRUCTION: 14–D–710 DAF ARGUS, NNSS 14,000 14,000 TOTAL, DEFENSE NUCLEAR SECURITY 678,981 678,981 NNSA CIO ACTIVITIES 148,441 148,441 LEGACY CONTRACTOR PENSIONS 279,597 279,597 SUBTOTAL, WEAPONS ACTIVITIES 7,916,147 7,916,147 ADJUSTMENTS USE OF PRIOR YEAR BALANCES –47,738 –47,738 TOTAL, ADJUSTMENTS –47,738 –47,738 TOTAL, WEAPONS ACTIVITIES 7,868,409 7,868,409 DEFENSE NUCLEAR NONPROLIFERATION DEFENSE NUCLEAR NONPROLIFERATION PROGRAMS GLOBAL THREAT REDUCTION INITIATIVE 424,487 424,487 DEFENSE NUCLEAR NONPROLIFERATION R&D OPERATIONS AND MAINTENANCE 388,838 388,838 NONPROLIFERATION AND INTERNATIONAL SECURITY 141,675 141,675 INTERNATIONAL MATERIAL PROTECTION AND COOPERATION 369,625 369,625 FISSILE MATERIALS DISPOSITION OPERATIONS AND MAINTENANCE U.S. PLUTONIUM DISPOSITION 157,557 157,557 U.S. URANIUM DISPOSITION 25,000 25,000 TOTAL, OPERATIONS AND MAINTENANCE 182,557 182,557 CONSTRUCTION: 99–D–143 MIXED OXIDE FUEL FABRICATION FACILITY, SAVANNAH RIVER, SC 320,000 400,000 Program increase [80,000] TOTAL, CONSTRUCTION 320,000 400,000 TOTAL, U.S. SURPLUS FISSILE MATERIALS DISPOSITION 502,557 582,557 TOTAL, FISSILE MATERIALS DISPOSITION 502,557 582,557 LEGACY CONTRACTOR PENSIONS 93,703 93,703 TOTAL, DEFENSE NUCLEAR NONPROLIFERATION PROGRAMS 1,920,885 2,000,885 NUCLEAR COUNTERTERRORISM INCIDENT RESPONSE PROGRAM 181,293 181,293 COUNTERTERRORISM AND COUNTERPROLIFERATION PROGRAMS 74,666 74,666 SUBTOTAL, DEFENSE NUCLEAR NONPROLIFERATION 2,176,844 2,256,844 ADJUSTMENTS USE OF PRIOR YEAR BALANCES –36,702 –36,702 TOTAL, ADJUSTMENTS –36,702 –36,702 TOTAL, DEFENSE NUCLEAR NONPROLIFERATION 2,140,142 2,220,142 NAVAL REACTORS NAVAL REACTORS OPERATIONS AND INFRASTRUCTURE 455,740 453,740 Excess to need [–2,000] NAVAL REACTORS DEVELOPMENT 419,400 419,400 OHIO REPLACEMENT REACTOR SYSTEMS DEVELOPMENT 126,400 126,400 S8G PROTOTYPE REFUELING 144,400 144,400 PROGRAM DIRECTION 44,404 44,404 CONSTRUCTION: 14–D–902 KL MATERIALS CHARACTERIZATION LABORATORY EXPANSION, KAPL 1,000 1,000 14–D–901 SPENT FUEL HANDLING RECAPITALIZATION PROJECT, NRF 45,400 45,400 13–D–905 REMOTE-HANDLED LOW-LEVEL WASTE FACILITY, INL 21,073 21,073 13–D–904 KS RADIOLOGICAL WORK AND STORAGE BUILDING, KSO 600 2,600 Program increase [2,000] NAVAL REACTOR FACILITY, ID 1,700 1,700 TOTAL, CONSTRUCTION 69,773 71,773 SUBTOTAL, NAVAL REACTORS 1,260,117 1,260,117 ADJUSTMENTS: USE OF PRIOR YEAR BALANCES (NAVAL REACTORS) –13,983 –13,983 TOTAL, NAVAL REACTORS 1,246,134 1,246,134 OFFICE OF THE ADMINISTRATOR OFFICE OF THE ADMINISTRATOR 397,784 397,784 TOTAL, OFFICE OF THE ADMINISTRATOR 397,784 397,784 DEFENSE ENVIRONMENTAL CLEANUP CLOSURE SITES: CLOSURE SITES ADMINISTRATION 4,702 4,702 HANFORD SITE: RIVER CORRIDOR AND OTHER CLEANUP OPERATIONS 393,634 413,634 Program increase [20,000] CENTRAL PLATEAU REMEDIATION 513,450 513,450 RICHLAND COMMUNITY AND REGULATORY SUPPORT 14,701 14,701 TOTAL, HANFORD SITE 921,785 941,785 IDAHO NATIONAL LABORATORY: IDAHO CLEANUP AND WASTE DISPOSITION 362,100 392,100 Program increase [30,000] IDAHO COMMUNITY AND REGULATORY SUPPORT 2,910 2,910 TOTAL, IDAHO NATIONAL LABORATORY 365,010 395,010 NNSA SITES LAWRENCE LIVERMORE NATIONAL LABORATORY 1,476 1,476 NUCLEAR FACILITY D & D SEPARATIONS PROCESS RESEARCH UNIT 23,700 23,700 NEVADA 61,897 61,897 SANDIA NATIONAL LABORATORIES 2,814 2,814 LOS ALAMOS NATIONAL LABORATORY 219,789 259,789 Program increase [40,000] TOTAL, NNSA SITES AND NEVADA OFF-SITES 309,676 349,676 OAK RIDGE RESERVATION: OR NUCLEAR FACILITY D & D 73,716 73,716 OR CLEANUP AND DISPOSITION 115,855 125,855 Program increase [10,000] OR RESERVATION COMMUNITY AND REGULATORY SUPPORT 4,365 4,365 TOTAL, OAK RIDGE RESERVATION 193,936 203,936 OFFICE OF RIVER PROTECTION: WASTE TREATMENT AND IMMOBILIZATION PLANT 01–D–416 A-E/ORP-0060 / MAJOR CONSTRUCTION 690,000 690,000 TANK FARM ACTIVITIES RAD LIQUID TANK WASTE STABILIZATION AND DISPOSITION 520,216 570,216 Program increase [50,000] TOTAL, OFFICE OF RIVER PROTECTION 1,210,216 1,260,216 SAVANNAH RIVER SITES: SAVANNAH RIVER RISK MANAGEMENT OPERATIONS 432,491 432,491 SR COMMUNITY AND REGULATORY SUPPORT 11,210 11,210 RADIOACTIVE LIQUID TANK WASTE: RADIOACTIVE LIQUID TANK WASTE STABILIZATION AND DISPOSITION 552,560 702,560 Program increase [150,000] CONSTRUCTION: 05–D–405 SALT WASTE PROCESSING FACILITY, SAVANNAH RIVER 92,000 92,000 TOTAL, CONSTRUCTION 92,000 92,000 TOTAL, RADIOACTIVE LIQUID TANK WASTE 644,560 794,560 TOTAL, SAVANNAH RIVER SITE 1,088,261 1,238,261 WASTE ISOLATION PILOT PLANT WASTE ISOLATION PILOT PLANT 203,390 236,390 Program increase [33,000] TOTAL, WASTE ISOLATION PILOT PLANT 203,390 236,390 PROGRAM DIRECTION 280,784 300,784 Program increase [20,000] PROGRAM SUPPORT 17,979 17,979 SAFEGUARDS AND SECURITY: OAK RIDGE RESERVATION 18,800 18,800 PADUCAH 9,435 9,435 PORTSMOUTH 8,578 8,578 RICHLAND/HANFORD SITE 69,078 79,078 Program increase [10,000] SAVANNAH RIVER SITE 121,196 131,196 Program increase [10,000] WASTE ISOLATION PILOT PROJECT 4,977 4,977 WEST VALLEY 2,015 2,015 TECHNOLOGY DEVELOPMENT 24,091 34,091 Program increase [10,000] SUBTOTAL, DEFENSE ENVIRONMENTAL CLEANUP 4,853,909 8,902,461 URANIUM ENRICHMENT D&D FUND CONTRIBUTION (LEGISLATIVE PROPOSAL) 463,000 0 Program decrease [–463,000] TOTAL, DEFENSE ENVIRONMENTAL CLEANUP 5,316,909 5,236,909 OTHER DEFENSE ACTIVITIES HEALTH, SAFETY AND SECURITY HEALTH, SAFETY AND SECURITY 143,616 143,616 PROGRAM DIRECTION 108,301 108,301 TOTAL, HEALTH, SAFETY AND SECURITY 251,917 251,917 SPECIALIZED SECURITY ACTIVITIES 196,322 196,322 OFFICE OF LEGACY MANAGEMENT LEGACY MANAGEMENT 163,271 163,271 PROGRAM DIRECTION 13,712 13,712 TOTAL, OFFICE OF LEGACY MANAGEMENT 176,983 176,983 DEFENSE RELATED ADMINISTRATIVE SUPPORT CHIEF FINANCIAL OFFICER 38,979 38,979 CHIEF INFORMATION OFFICER 79,857 79,857 TOTAL, DEFENSE RELATED ADMINISTRATIVE SUPPORT 118,836 118,836 OFFICE OF HEARINGS AND APPEALS 5,022 5,022 SUBTOTAL, OTHER DEFENSE ACTIVITIES 749,080 749,080 TOTAL, OTHER DEFENSE ACTIVITIES 749,080 749,080 June 20, 2013 Read twice and placed on the calendar

National Defense Authorization Act for Fiscal Year 2014

Medicare Fair Share Act of 2013 - Amends part B (Supplemental Medical Insurance) of title XVIII (Medicare) of the Social Security Act with respect to adjustments to Medicare parts B and D (Voluntary Prescription Drug Benefit Program) premiums for high income beneficiaries to reduce from $80,000 to $50,000 the threshold amount for 2015 and subsequent years for determining the monthly amount of the premium subsidy (for high-income beneficiaries) applicable to Medicare parts B and D premiums. Requires reduction of the monthly amount of the Medicare parts B and D premium subsidies (and corresponding increase in the monthly premium amount) for individuals whose modified adjusted gross income exceeds the threshold amount by specified applicable percentages for modified adjusted gross incomes in certain ranges starting at $50,000 (40%) and ending at $196,000 (90%). Extends the temporary adjustment to income thresholds from December 31, 2019 through December 31, 2023.

To amend title XVIII of the Social Security Act to provide for adjustments to Medicare part B and D premiums for high-income beneficiaries. 1. Short title This Act may be cited as the Medicare Fair Share Act of 2013 2. Adjustments to Medicare part B and D premiums for high-income beneficiaries (a) In general Section 1839(i) of the Social Security Act ( 42 U.S.C. 1395r(i) (1) in paragraph (2)(A), by inserting (or, in the case of 2015 or a subsequent year, $50,000) after $80,000 (2) in paragraph (3)— (A) in subparagraph (A)(i)— (i) by inserting applicable table (ii) by inserting and year individual (B) in subparagraph (C)(i)— (i) by striking (i) In general (i)(I) For 2007 through 2014 (ii) by adding at the end the following new subclause: (II) For 2015 and subsequent years For 2015 or a subsequent year: If the modified adjusted gross income is: The applicable percentage is: More than $50,000 but not more than $85,000 40 More than $85,000 but not more than $107,000 60 More than $107,000 but not more than $160,000 70 More than $160,000 but not more than $196,000 80 More than $196,000 90. . (b) Extension of temporary adjustment to income thresholds (1) In general Section 1839(i)(6) of the Social Security Act ( 42 U.S.C. 1395r(i)(6) (A) in the matter preceding subparagraph (A), by striking December 31, 2019 December 31, 2023 (B) in subparagraph (A), by striking equal to such amount for 2010; and (i) in the case of each of 2011, 2012, 2013, and 2014, such amount for 2010; and (ii) in the case of each of 2015 through 2023, such amount for 2015; and ; and (C) in subparagraph (B), by striking equal to such dollar amounts for 2010. (i) in the case of each of 2011, 2012, 2013, and 2014, such dollar amounts for 2010; and (ii) in the case of each of 2015 through 2023, such dollar amounts for 2015. . (2) Conforming amendment Section 1839(i)(5)(A) of the Social Security Act (42 U.S.C. 1395r(i)(5)(A)) is amended by inserting for such year paragraph (2) or (3)

Medicare Fair Share Act of 2013

All-Of-The-Above Federal Building Energy Conservation Act of 2013 - Amends the National Energy Conservation Policy Act to extend energy performance requirements for federal buildings for each of FY2016-FY2020 (from a 33% reduction from 2003 energy consumption level for FY2015 to a 45% reduction for FY2020). Requires agencies to report to the Secretary of Energy (DOE) on buildings that carry out energy intensive activities and that are designated by the agency for exclusion from such requirements. Requires the Secretary to review the results of the implementation of such requirements by December 31, 2016, (currently, December 31, 2013). Authorizes the Secretary to amend or set such performance requirements for each of FY2018-FY2025 by a rule that: (1) requires a cost-benefit analysis and an opportunity for public comment, (2) establishes performance levels that are technically feasible and economically justifiable, and (3) considers any energy- and water-saving measures identified in energy and water evaluations. Requires designated facility energy managers to consider using a system to manage energy use at their facilities in accordance with the International Organization for Standardization standard numbered 50001 and entitled &quot;Energy Management Systems.&quot; Establishes exemptions from energy and water evaluation requirements. Requires energy managers, as part of the web-based certification, to explain the reasons why any life-cycle cost effective measures identified in such evaluation were not implemented. Requires the Secretary to make available a report that summarizes information tracked under such certification. Amends the Energy Conservation and Production Act to revise the definition of &quot;federal building&quot; to include buildings altered by federal agencies, and to define &quot;major renovation,&quot; for purposes of such Act. Requires the Secretary to establish revised federal building energy efficiency performance standards after the approval of revisions of ASHRAE Standard 90.1 or the International Energy Conservation Code (IECC) to meet or exceed such revisions, including requiring, unless new or renovated federal buildings are demonstrated not to be life-cycle cost effective: (1) such buildings to be designed to achieve energy consumption levels that are at least 30% below the levels established in the ASHRAE Standard or the IECC, and (2) no less than 30% of the hot water demand for each new building or building undergoing a major renovation to be met through the installation and use of solar hot water heaters. Repeals a standard on fossil fuel-generated energy use in federal buildings.

To improve energy performance in Federal buildings, and for other purposes. 1. Short title This Act may be cited as the All-Of-The-Above Federal Building Energy Conservation Act of 2013 2. Energy performance requirement for Federal buildings Section 543 of the National Energy Conservation Policy Act ( 42 U.S.C. 8253(a) (1) by striking subsection (a) and inserting the following: (a) Energy performance requirement for Federal buildings (1) Requirement Subject to paragraph (2), each agency shall apply energy conservation measures to, and shall improve the design for the construction of, the Federal buildings of the agency (including each industrial or laboratory facility) so that the energy consumption per gross square foot of the Federal buildings of the agency in fiscal years 2006 through 2020 is reduced, as compared with the energy consumption per gross square foot of the Federal buildings of the agency in fiscal year 2003, by the percentage specified in the following table: Percentage Fiscal Year Reduction 2006 2 2007 4 2008 9 2009 12 2010 15 2011 18 2012 21 2013 24 2014 27 2015 30 2016 33 2017 36 2018 39 2019 42 2020 45. (2) Exclusion for buildings with energy intensive activities (A) In general An agency may exclude from the requirements of paragraph (1) any building (including the associated energy consumption and gross square footage) in which energy intensive activities are carried out. (B) Reports Each agency shall identify and list in each report made under section 548(a) the buildings designated by the agency for exclusion under subparagraph (A). (3) Review Not later than December 31, 2016, the Secretary shall review the results of the implementation of the energy performance requirements established under paragraph (1). (4) Subsequent fiscal years The Secretary may amend or set energy performance requirements for Federal buildings for each of fiscal years 2018 through 2025 by a rule that— (A) includes cost-benefit analysis and an opportunity for public comment; (B) establishes levels that are technically feasible and economically justifiable; and (C) considers any energy- and water-saving measures identified in evaluations conducted under subsection (f)(3). ; and (2) in subsection (f)— (A) in paragraph (1)— (i) by redesignating subparagraphs (E), (F), and (G) as subparagraphs (F), (G), and (H), respectively; and (ii) by inserting after subparagraph (D) the following: (E) Ongoing commissioning The term ongoing commissioning ; (B) in paragraph (2), by adding at the end the following: (C) Energy management system An energy manager designated under subparagraph (A) shall consider use of a system to manage energy use at the facility and certification of the facility in accordance with the International Organization for Standardization standard numbered 50001 and entitled Energy Management Systems ; (C) by striking paragraphs (3) and (4) and inserting the following: (3) Energy and water evaluations and commissioning (A) Evaluations Except as provided in subparagraph (B), effective beginning on the date that is 180 days after the date of enactment of the All-Of-The-Above Federal Building Energy Conservation Act of 2013, and annually thereafter, each energy manager shall complete, for each calendar year, a comprehensive energy and water evaluation and recommissioning or retrocommissioning for approximately 25 percent of the facilities of each agency that meet the criteria under paragraph (2)(B) in a manner that ensures that an evaluation of each facility is completed at least once every 4 years. (B) Exceptions An evaluation and recommissioning shall not be required under subparagraph (A) with respect to a facility that— (i) has had a comprehensive energy and water evaluation during the 8-year period preceding the date of the evaluation; (ii) (I) has been commissioned, recommissioned, or retrocommissioned during the 10-year period preceding the date of the evaluation; or (II) is under ongoing commissioning; (iii) has not had a major change in function or use since the previous evaluation and commissioning; (iv) has been benchmarked with public disclosure under paragraph (8) within the year preceding the evaluation; and (v) (I) based on the benchmarking, has achieved at a facility level the most recent cumulative energy savings target under subsection (a) compared to the earlier of— (aa) the date of the most recent evaluation; or (bb) the date— (AA) of the most recent commissioning, recommissioning, or retrocommissioning; or (BB) on which ongoing commissioning began; or (II) has a long-term contract in place guaranteeing energy savings at least as great as the energy savings target under subclause (I). (4) Implementation of identified energy and water efficiency measures (A) In general Not later than 2 years after the date of completion of each evaluation under paragraph (3), each energy manager may— (i) implement any energy- or water-saving measure that the Federal agency identified in the evaluation conducted under paragraph (3) that is life-cycle cost effective; and (ii) bundle individual measures of varying paybacks together into combined projects. (B) Measures not implemented The energy manager shall, as part of the certification system under paragraph (7), explain the reasons why any life-cycle cost effective measures were not implemented under subparagraph (A) using guidelines developed by the Secretary. ; and (D) in paragraph (7)(C), by adding at the end the following: (iii) Summary report The Secretary shall make available a report that summarizes the information tracked under subparagraph (B)(i) by each agency and, as applicable, by each type of measure. . 3. Federal building energy efficiency performance standards; certification system and level for green buildings (a) Definitions Section 303 of the Energy Conservation and Production Act ( 42 U.S.C. 6832 (1) in paragraph (6), by striking to be constructed constructed or altered (2) by adding at the end the following: (17) Major renovation The term major renovation . (b) Federal Building Efficiency Standards Section 305 of the Energy Conservation and Production Act ( 42 U.S.C. 6834 (1) in subsection (a)(3)— (A) by striking (3)(A) Not later than (3) Revised Federal building energy efficiency performance standards; certification for green buildings (A) Revised federal building energy efficiency performance standards (i) In general Not later than 1 year after the date of enactment of the All-Of-The-Above Federal Building Energy Conservation Act of 2013 and after the date of approval of each subsequent revision of ASHRAE Standard 90.1 or the International Energy Conservation Code, as appropriate, the Secretary shall establish, by rule, revised Federal building energy efficiency performance standards that require that— (I) new Federal buildings and alterations and additions to existing Federal buildings— (aa) meet or exceed the most recent revision of the International Energy Conservation Code (in the case of residential buildings) or ASHRAE Standard 90.1 (in the case of commercial buildings) that the Secretary determines saves energy compared to previous versions of the Code or Standard; and (bb) meet or exceed the energy provisions of state and local building codes applicable to the building, if the codes are more stringent than the International Energy Conservation Code or ASHRAE Standard 90.1, as applicable; (II) unless demonstrated not to be life-cycle cost effective for new Federal buildings and Federal buildings with major renovations— (aa) the buildings be designed to achieve energy consumption levels that are at least 30 percent below the levels established in the version of the ASHRAE Standard or the International Energy Conservation Code, as appropriate, that is applied under clause (i); and (bb) sustainable design principles are applied to the siting, design, and construction of all new Federal buildings and replacement Federal buildings; (III) if water is used to achieve energy efficiency, water conservation technologies shall be applied to the extent that the technologies are life-cycle cost effective; and (IV) if life-cycle cost effective, as compared to other reasonably available technologies, not less than 30 percent of the hot water demand for each new Federal building or Federal building undergoing a major renovation be met through the installation and use of solar hot water heaters. (ii) Limitation Clause (i)(I) shall not apply to unaltered portions of existing Federal buildings and systems that have been added to or altered. ; (B) in subparagraph (C), by striking (C) In the budget request (B) Budget request In the budget request ; and (C) in subparagraph (D)— (i) by striking clause (D) Not later than (C) Certification for green buildings (i) In general ; (ii) by striking clause (ii); (iii) in clause (iii), by striking (iii) In identifying (ii) Considerations In identifying ; (iv) in clause (iv)— (I) by striking (iv) At least once (iii) Study At least once ; and (II) by striking clause (iii) clause (ii) (v) in clause (v)— (I) by striking (v) The Secretary may (iv) Internal certification processes The Secretary may ; and (II) by striking clause (i)(III) clause (i) (vi) in clause (vi)— (I) by striking (vi) With respect (v) Privatized military housing With respect ; and (II) by striking develop alternative criteria to those established by subclauses (I) and (III) of clause (i) that achieve an equivalent result in terms of energy savings, sustainable design, and develop alternative certification systems and levels than the systems and levels identified under clause (i) that achieve an equivalent result in terms of (vii) in clause (vii), by striking (vii) In addition to (vi) Water conservation technologies In addition to ; and (2) by striking subsections (c) and (d) and inserting the following: (c) Periodic review The Secretary shall— (1) every 5 years, review the Federal building energy standards established under this section; and (2) on completion of a review under paragraph (1), if the Secretary determines that significant energy savings would result, upgrade the standards to include all new energy efficiency and renewable energy measures that are technologically feasible and economically justified. .

All-Of-The-Above Federal Building Energy Conservation Act of 2013

Naval Vessels Transfer Act of 2013 - Authorizes the President to transfer on a grant basis to: (1) Mexico, the OLIVER HAZARD PERRY class guided missile frigates CURTS and MCCLUSKY; and (2) Thailand, the OLIVER HAZARD PERRY class guided missile frigates RENTZ and VANDEGRIFT. Authorizes the President to transfer on a sale basis the OLIVER HAZARD PERRY class guided missile frigates TAYLOR, GARY, CARR, and ELROD to the Taipei Economic and Cultural Representative Office of the United States (which is the Taiwan instrumentality designated pursuant to the Taiwan Relations Act). States that: (1) the value of such vessels transferred on a grant basis shall not be counted against the aggregate value of excess defense articles transferred to countries in any fiscal year under the Foreign Assistance Act of 1961; (2) transfer costs shall be charged to the recipient; and (3) to the maximum extent practicable, the country to which a vessel is transferred shall have necessary vessel repair and refurbishment carried out at U.S. shipyards (including U.S. Navy shipyards). Terminates transfer authority three years after enactment of this Act.

To provide for the transfer of naval vessels to certain foreign recipients. 1. Short title This Act may be cited as the Naval Vessel Transfer Act of 2013 2. Transfer of naval vessels to certain foreign recipients (a) Transfers by grant The President is authorized to transfer vessels to foreign countries on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j), as follows: (1) Mexico To the Government of Mexico, the OLIVER HAZARD PERRY class guided missile frigates USS CURTS (FFG–38) and USS MCCLUSKY (FFG–41). (2) Thailand To the Government of Thailand, the OLIVER HAZARD PERRY class guided missile frigates USS RENTZ (FFG–46) and USS VANDEGRIFT (FFG–48). (b) Transfer by sale The President is authorized to transfer the OLIVER HAZARD PERRY class guided missile frigates USS TAYLOR (FFG–50), USS GARY (FFG–51), USS CARR (FFG–52), and USS ELROD (FFG–55) to the Taipei Economic and Cultural Representative Office of the United States (which is the Taiwan instrumentality designated pursuant to section 10(a) of the Taiwan Relations Act (22 U.S.C. 3309(a))) on a sale basis under section 21 of the Arms Export Control Act (22 U.S.C. 2761). (c) Alternative transfer authority Notwithstanding the authority provided in subsections (a) and (b) to transfer specific vessels to specific countries, the President is authorized, subject to the same conditions that would apply for such country under this Act, to transfer any vessel named in this Act to any country named in this Act such that the total number of vessels transferred to such country does not exceed the total number of vessels authorized for transfer to such country by this Act. (d) Grants not counted in annual total of transferred excess defense articles The value of a vessel transferred to another country on a grant basis pursuant to authority provided by subsection (a) or (c) shall not be counted against the aggregate value of excess defense articles transferred in any fiscal year under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j). (e) Costs of transfers Any expense incurred by the United States in connection with a transfer authorized by this section shall be charged to the recipient notwithstanding section 516(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)). (f) Repair and refurbishment in united states shipyards To the maximum extent practicable, the President shall require, as a condition of the transfer of a vessel under this section, that the recipient to which the vessel is transferred have such repair or refurbishment of the vessel as is needed, before the vessel joins the naval forces of that recipient, performed at a shipyard located in the United States, including a United States Navy shipyard. (g) Expiration of authority The authority to transfer a vessel under this section shall expire at the end of the 3-year period beginning on the date of the enactment of this Act.

Naval Vessel Transfer Act of 2013

Malala Yousafzai Scholarship Act - Expresses the sense of Congress that: (1) every individual, regardless of gender, should have the opportunity to pursue an education free from the fear of discrimination; and (2) educational exchanges increase people-to-people ties and promote institutional linkages between this country and other countries. Encourages the State Department and the U.S. Agency for International Development (USAID) to continue to support Pakistani education initiatives, especially those for women. Directs the USAID Administrator to increase the number of scholarships to women under the Merit and Needs-Based Scholarship Program (Program) during each of calendar years 2013 through 2015 over the level awarded to women in calendar year 2011. (The Program awards scholarships for university study to academically talented, financially needy Pakistani students.) Requires the additional scholarships to be awarded: (1) in accordance with existing scholarship criteria, and (2) for a range of disciplines to improve the employability of graduates and to meet the needs of the scholarship recipients. Directs the USAID Administrator to make every effort to award 50% of the scholarships available under the Program to Pakistani women. Directs the USAID Administrator to designate appropriate USAID officials to provide Congress with briefings on the implementation of these Program requirements. Makes specified appropriations for foreign assistance to Pakistan that remain unobligated on the date of this Act's enactment available for the additional scholarships authorized by this Act.

A bill to expand the number of scholarships available to Pakistani women under the Merit and Needs-Based Scholarship Program. 1. Short title This Act may be cited as the Malala Yousafzai Scholarship Act’ 2. Findings (a) Findings Congress makes the following findings: (1) On October 9, 2012, 15-year-old Malala Yousafzai was shot in the head by Taliban gunmen in Pakistan on her way home from school. (2) When Malala was 11 years old, she bravely stood up to the Taliban and wrote a secret blog documenting their crackdown on women’s rights and education in 2009. (3) Malala’s advocacy for women’s education made her a target of the Taliban. (4) The Taliban called Malala’s efforts to highlight the need for women’s education an obscenity (5) According to the United Nation’s 2012 Education for All Global Monitoring Report, Pakistan has the second largest number of children out of school [in the world] nearly half of rural females have never been to school. (6) According to a Council on Foreign Relations report titled What Works in Girls’ Education A 100-country study by the World Bank shows that increasing the share of women with a secondary education by 1 percent boosts annual per capita income growth by 0.3 percentage points. (7) According to the World Bank, The benefits of women’s education go beyond higher productivity for 50 percent of the population. More educated women also tend to be healthier, participate more in the formal labor market, earn more income, have fewer children, and provide better health care and education to their children, all of which eventually improve the well-being of all individuals and lift households out of poverty. These benefits also transmit across generations, as well as to their communities at large. (8) According to United Nation’s 2012 Education For All Global Monitoring Report, education can make a big difference to women’s earnings. In Pakistan, women with a high level of literacy earned 95 percent more than women with no literacy skills. (9) In January 2010, Secretary of State Hillary Rodham Clinton stated, We will open the doors of education to all citizens, but especially to girls and women … We are doing all of these things because we have seen that when women and girls have the tools to stay healthy and the opportunity to contribute to their families’ well-being, they flourish and so do the people around them. (10) The United States provides critical foreign assistance to Pakistan’s education sector to improve access to and the quality of basic and higher education. (11) The Merit and Needs-Based Scholarship Program administered by the United States Agency for International Development awards scholarships to academically talented, financially needy Pakistani students from remote regions of the country to pursue bachelor’s or master’s degrees at participating Pakistani universities. (12) Twenty-five percent of the 1,807 Merit and Needs-Based Scholarships awarded to date have been for women, with the goal of awarding 50 percent of the scholarships for fall 2013 matriculation to women. (13) The United Nations declared November 10 as Malala Day (14) On December 10, 2012, the United Nations and the Government of Pakistan launched the Malala Fund for Girls' Education (15) The Government of Pakistan has stated that it plans to open 16 schools for poor children in areas affected by conflict or natural disasters and name them Malala Schools (16) The Government of Pakistan, the United Nations, the World Bank, and other international organizations have set an April 2013 deadline to put forward a plan to provide education for all of Pakistan’s school-aged children by the end of 2015. (17) More than 1,000,000 people around the world have signed the United Nations Special Envoy for Global Education petition calling on the Government of Pakistan to enroll every boy and girl in primary school. (18) Pakistani civil society organizations collected an additional 1,200,000 signatures from Pakistanis on a petition dedicated to Malala’s cause. 3. Sense of Congress (a) In general It is the sense of Congress that— (1) education and freedom from discrimination are fundamental human rights; and (2) educational exchanges increase people-to-people ties and promote institutional linkages between the United States and other countries. (b) Continued support for educational initiatives in Pakistan Congress encourages the Department of State and the United States Agency for International Development to continue their support for initiatives led by the Government of Pakistan and Pakistani civil society that promote education in Pakistan, especially education for women. 4. Merit and Needs-Based Scholarship Program (a) Expansion The USAID Administrator shall increase the number of scholarships available under the Merit and Needs-Based Scholarship Program (referred to in this Act as the Program USAID (b) Limitations (1) Women The additional scholarships available under subsection (a) may only be awarded to women, in accordance with other scholarship eligibility criteria already established by USAID. (2) Academic disciplines Additional scholarships added by subsection (a) shall be awarded for a range of disciplines to improve the employability of graduates and to meet the needs of the scholarship recipients. (3) Other scholarships The USAID Administrator shall make every effort to award 50 percent of the scholarships available under the Program (excluding the additional scholarships available under subsection (a)) to Pakistani women. 5. Annual congressional briefing (a) In general The USAID Administrator shall designate appropriate USAID officials to brief the appropriate congressional committees, not later than 1 year after the date of enactment of this Act, and annually thereafter for the next 3 years, on the implementation of section 4. (b) Contents The briefing described in subsection (a) shall include, among other relevant information, for the most recently concluded fiscal year— (1) the total number of scholarships that were awarded through the Program; (2) the disciplines of study chosen by the scholarship recipients; (3) the percentage of the scholarships that were awarded to students seeking a bachelor’s degree or a master’s degree, respectively; and (4) the percentage of scholarship recipients that voluntarily dropped out of school or were involuntarily pushed out of the program for failure to meet program requirements. 6. Authorization of appropriations (a) Transfer of security assistance funding Of the amounts appropriated for fiscal years 2013 and 2014 pursuant to the authorization under title II of the Enhanced Partnership with Pakistan Act of 2009 ( Public Law 111–73 (b) Funding for additional scholarships for Pakistani women Of the amounts appropriated for fiscal years 2015 and 2016 for the purpose of providing assistance to Pakistan under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), $400,000 shall be made available in each of the fiscal years 2015 and 2016 for the Program. (c) Availability Amounts made available in subsections (a) and (b) shall remain available until expended. 1. Short title This Act may be cited as the Malala Yousafzai Scholarship Act’ 2. Findings (a) Findings Congress makes the following findings: (1) On October 9, 2012, 15-year-old Malala Yousafzai was shot in the head by Taliban gunmen in Pakistan on her way home from school. (2) When Malala was 11 years old, she bravely stood up to the Taliban and wrote a secret blog documenting their crackdown on women’s rights and education in 2009. (3) Malala’s advocacy for women’s education made her a target of the Taliban. (4) The Taliban called Malala’s efforts to highlight the need for women’s education an obscenity (5) On July 12, 2013, Malala celebrated her 16th birthday by delivering a speech before the United Nations General Assembly in which she said, So let us wage a glorious struggle against illiteracy, poverty, and terrorism. Let us pick up our books and our pens. They are the most powerful weapons. One child, one teacher, one book, and one pen can change the world. Education is the only solution. (6) According to the United Nation’s 2012 Education for All Global Monitoring Report, Pakistan has the second largest number of children out of school [in the world] nearly half of rural females have never been to school. (7) According to a Council on Foreign Relations report titled What Works in Girls’ Education A 100-country study by the World Bank shows that increasing the share of women with a secondary education by 1 percent boosts annual per capita income growth by 0.3 percentage points. (8) According to the World Bank, The benefits of women’s education go beyond higher productivity for 50 percent of the population. More educated women also tend to be healthier, participate more in the formal labor market, earn more income, have fewer children, and provide better health care and education to their children, all of which eventually improve the well-being of all individuals and lift households out of poverty. These benefits also transmit across generations, as well as to their communities at large. (9) According to United Nation’s 2012 Education For All Global Monitoring Report, education can make a big difference to women’s earnings. In Pakistan, women with a high level of literacy earned 95 percent more than women with no literacy skills. (10) In January 2010, Secretary of State Hillary Rodham Clinton stated, We will open the doors of education to all citizens, but especially to girls and women...We are doing all of these things because we have seen that when women and girls have the tools to stay healthy and the opportunity to contribute to their families’ well-being, they flourish and so do the people around them. (11) The United States provides critical foreign assistance to Pakistan’s education sector to improve access to and the quality of basic and higher education. (12) The Merit and Needs-Based Scholarship Program administered by the United States Agency for International Development awards scholarships to academically talented, financially needy Pakistani students from remote regions of the country to pursue bachelor’s or master’s degrees at participating Pakistani universities. (13) Fifty percent of the 974 Merit and Needs-Based Scholarships awarded during fiscal year 2013 were awarded to Pakistani women. Historically, only 25 percent of such scholarships have been awarded to women. (14) The United Nations declared July 12 as Malala Day (15) On December 10, 2012, the United Nations and the Government of Pakistan launched the Malala Fund for Girls' Education (16) More than 1,000,000 people around the world have signed the United Nations Special Envoy for Global Education petition calling on the Government of Pakistan to enroll every boy and girl in primary school. (17) Pakistani civil society organizations collected almost 2,000,000 signatures from Pakistanis on a petition dedicated to Malala’s cause of education for all. 3. Sense of Congress (a) In general It is the sense of Congress that— (1) every individual should have the opportunity to pursue an education; (2) every individual, regardless of gender, should have the opportunity to pursue an education without fear of discrimination; and (3) educational exchanges increase people-to-people ties and promote institutional linkages between the United States and other countries. (b) Continued support for educational initiatives in Pakistan The Senate encourages the Department of State and the United States Agency for International Development to continue their support for initiatives led by the Government of Pakistan and Pakistani civil society that promote education in Pakistan, especially education for women. 4. Merit and Needs-Based Scholarship Program (a) Expansion Using funding made available under section 6, the Administrator of the United States Agency for International Development (referred to in this Act as the USAID Administrator Program (b) Limitations (1) Criteria The additional scholarships available under subsection (a) may only be awarded in accordance with other scholarship eligibility criteria already established by USAID. (2) Academic disciplines Additional scholarships authorized under subsection (a) shall be awarded for a range of disciplines to improve the employability of graduates and to meet the needs of the scholarship recipients. (3) Other scholarships The USAID Administrator shall make every effort to award 50 percent of the scholarships available under the Program to Pakistani women. 5. Annual congressional briefing (a) In general The USAID Administrator shall designate appropriate USAID officials to brief the appropriate congressional committees, not later than 1 year after the date of enactment of this Act, and annually thereafter for the next 3 years, on the implementation of section 4. (b) Contents The briefing described in subsection (a) shall include, among other relevant information, for the most recently concluded fiscal year— (1) the total number of scholarships that were awarded through the Program; (2) the disciplines of study chosen by the scholarship recipients; (3) the percentage of the scholarships that were awarded to students seeking a bachelor’s degree or a master’s degree, respectively; and (4) the percentage of scholarship recipients that voluntarily dropped out of school or were involuntarily pushed out of the program for failure to meet program requirements. 6. Funding Of the amounts that have been appropriated for assistance to Pakistan under the heading Economic Support Fund 22 U.S.C. 2346 et seq. October 10, 2013 Reported with an amendment

Malala Yousafzai Scholarship Act

Residential Energy Savings Act of 2013 - Amends the Energy Policy and Conservation Act to require the Secretary of Energy (DOE) to establish a voluntary loan program to provide support to states, U.S. territories, and Indian tribal governments (eligible entities) in establishing or expanding programs that provide to residential property owners or tenants financing for energy efficiency upgrades of residential buildings. Authorizes assistance provided by eligible entities to be in the form of a: (1) revolving loan fund; (2) credit enhancement structure designed to mitigate the effects of default; or (3) program that adopts other approaches for providing financing for upgrades producing significant energy efficiency gains, produces a high-leverage ratio of non-federal funds, and incorporates measures for making the loan repayment system for recipients of financing consumer-friendly. Requires the Secretary to establish a performance incentive providing a repayment discount in an amount equal to no more than the value of the interest accrued on the loan provided, based on performance as evaluated in accordance with specified factors. Makes an authorization of appropriations under this Act effective for a fiscal year only to the extent and in the amounts provided in advance in appropriations Acts.

To amend the Energy Policy and Conservation Act to promote energy efficiency and energy savings in residential buildings. 1. Short title This Act may be cited as the Residential Energy Savings Act of 2013 2. State residential building energy efficiency upgrades loan pilot program (a) Loans for residential building energy efficiency upgrades Part D of title III of the Energy Policy and Conservation Act ( 42 U.S.C. 6321 et seq. 367. Loans for residential building energy efficiency upgrades (a) Definitions In this section: (1) Consumer-friendly loan repayment approach The term consumer-friendly loan repayment approach (A) emphasizes convenience for customers; (B) is of low cost to consumers; and (C) may tie loan repayment to an existing bill of the consumer. (2) Eligible entity The term eligible entity (A) a State or territory of the United States; and (B) an Indian tribal government. (3) Energy advisor program (A) In general The term energy advisor program (B) Inclusions The term energy advisor program (i) interpretation of energy audit reports; (ii) assistance in the prioritization of improvements; (iii) assistance in finding qualified contractors; (iv) assistance in contractor bid reviews; (v) education on energy conservation, renewable energy, and energy efficiency; (vi) explanations of available incentives and tax credits; (vii) assistance in completion of rebate and incentive paperwork; and (viii) any other similar type of support. (4) Energy efficiency The term energy efficiency (5) Energy efficiency upgrade (A) In general The term energy efficiency upgrade (B) Inclusions The term energy efficiency upgrade (6) Residential building (A) In general The term residential building (B) Inclusions The term residential building (i) a single-family residence; (ii) a multifamily residence composed not more than 4 units; and (iii) a mixed-use building that includes not more than 4 residential units. (b) Establishment of program (1) In general The Secretary shall establish a program under this part under which the Secretary shall make available to eligible entities loans for the purpose of establishing or expanding programs that provide to residential property owners or tenants financing for energy efficiency upgrades of residential buildings. (2) No requirement to participate No eligible entity shall be required to participate in any manner in the program established under paragraph (1). (c) Applications (1) In general To be eligible to receive a loan under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Selection In selecting eligible entities to receive loans under this section, the Secretary shall— (A) to the maximum extent practicable, ensure— (i) that both innovative and established approaches to the challenges of financing energy efficiency upgrades are supported; (ii) regional diversity among recipients, including participation by rural States and small States; and (iii) significant participation by low- and medium-income families; (B) evaluate applications based primarily on— (i) the projected reduction in energy use; (ii) the extent to which Federal funds are used to leverage additional funding from State, local, philanthropic, private sector, and other sources; (iii) the creditworthiness of the eligible entity; and (iv) the incorporation of measures, such as on-bill repayment, for making the loan repayment system for recipients of financing as consumer-friendly as practicable; and (C) evaluate applications based secondarily on— (i) the extent to which the proposed financing program of the eligible entity incorporates best practices for such a program, as determined by the Secretary; (ii) whether the eligible entity has created a plan for evaluating the effectiveness of the proposed financing program; (iii) the extent to which the proposed financing program incorporates energy advisor programs and support programs designed to increase the effectiveness of the program; (iv) the projected quantity of renewable energy to be generated, to the extent that renewable energy generation will be included; (v) the extent to which the proposed financing program will be coordinated and marketed with other existing or planned energy efficiency programs administered by— (I) utilities; (II) State, tribal, territorial, or local governments; or (III) community development financial institutions; and (vi) such other factors as the Secretary determines to be appropriate. (d) Term; interest (1) In general The Secretary shall establish terms and interest rates for loans provided to eligible entities under this section in a manner that— (A) provides for a high degree of cost recovery; and (B) ensures that the loans are competitive with, or superior to, other forms of financing for similar purposes. (2) Performance incentive The Secretary shall establish a performance incentive providing a repayment discount for eligible entities in an amount equal to not more than the value of the interest accrued on the loan provided to the applicable eligible entity under this section, based on performance as evaluated in accordance with the factors described in subparagraphs (B) and (C) of subsection (c)(2). (e) Use of funds (1) In general An eligible entity shall use a loan provided under this section to establish or expand a financing program— (A) the purpose of which is to enable residential building owners or tenants to conduct energy efficiency upgrades of residential buildings; (B) that may not require any initial capital, excluding fees; and (C) that incorporates a consumer-friendly loan repayment approach. (2) Structure of financing program The financing program of an eligible entity may— (A) consist— (i) primarily or entirely of a financing program administered by— (I) the applicable State; or (II) a local government, utility, or other entity; or (ii) of a combination of programs described in clause (i); and (B) rely on financing provided by— (i) the eligible entity; or (ii) a third party, acting through the eligible entity. (3) Form of assistance Assistance provided by an eligible entity under this subsection may be in the form of— (A) a revolving loan fund; (B) a credit enhancement structure designed to mitigate the effects of default; or (C) a program that— (i) adopts any other approach for providing financing for energy efficiency upgrades producing significant energy efficiency gains; (ii) produces a high-leverage ratio of non-Federal funds; and (iii) incorporates measures for making the loan repayment system for recipients of financing as consumer-friendly as practicable. (4) Scope of assistance Assistance provided by an eligible entity under this subsection may be used to pay for costs associated with carrying out an energy efficiency upgrade, including materials and labor. (f) Repayment An eligible entity shall repay to the Secretary the amount of a loan provided under this section, together with— (1) interest accrued on that amount; and (2) such fees as the Secretary determines to be necessary to recover any portion of the costs of the program under this section. (g) Reports (1) Eligible entities (A) In general Not later than 2 years after the date of receipt of the loan, and annually thereafter for the term of the loan, an eligible entity that receives a loan under this section shall submit to the Secretary a report describing the performance of each program and activity carried out using the loan, including anonymized loan performance data. (B) Requirements The Secretary, in consultation with eligible entities and other stakeholders (such as lending institutions and the real estate industry), shall establish such requirements for the reports under this paragraph as the Secretary determines to be appropriate— (i) to ensure that the reports are clear, consistent, and straightforward; and (ii) taking into account the reporting requirements for similar programs in which the eligible entities are participating, if any. (2) Secretary The Secretary shall submit to Congress and make available to the public— (A) not less frequently than once each year, a report describing the performance of the program under this section, including a synthesis and analysis of the information provided in the reports submitted to the Secretary under paragraph (1)(A); and (B) on termination of the program under this section, an assessment of the success of, and education provided by, the measures carried out by eligible entities during the term of the program. (h) Maximum amount The Secretary may provide to eligible entities a total of not more than $2,000,000,000 in loans under this section for the costs of activities described in subsection (e). . (b) Reorganization (1) In general Part D of title III of the Energy Policy and Conservation Act ( 42 U.S.C. 6321 et seq. (A) by redesignating sections 362, 363, 364, 365, and 366 as sections 364, 365, 366, 363, and 362, respectively, and moving the sections so as to appear in numerical order; (B) in section 362 (as so redesignated)— (i) in paragraph (3)(B)(i), by striking section 367, and section 367 (as in effect on the day before the date of enactment of the State Energy Efficiency Programs Improvement Act of 1990 ( 42 U.S.C. 6201 Public Law 101–440 (ii) in each of paragraphs (4) and (6), by striking section 365(e)(1) section 363(e)(1) (C) in section 363 (as so redesignated)— (i) in subsection (b), by striking the provisions of sections 362 and 364 and subsection (a) of section 363 sections 364, 365(a), and 366 (ii) in subsection (g)(1)(A), in the second sentence, by striking section 362 section 364 (D) in section 365 (as so redesignated)— (i) in subsection (a)— (I) in paragraph (1), by striking section 362, section 364; (II) in paragraph (2), by striking section 362(b) or (e) subsection (b) or (e) of section 364 (ii) in subsection (b)(2), in the matter preceding subparagraph (A), by striking section 362(b) or (e) subsection (b) or (e) of section 364 (2) Conforming amendments Section 391 of the Energy Policy and Conservation Act ( 42 U.S.C. 6371 (A) in paragraph (2)(M), by striking section 365(e)(2) section 363(e)(2) (B) in paragraph (10), by striking section 362 of this Act section 364 (3) Clerical amendment The table of contents of the Energy Policy and Conservation Act ( 42 U.S.C. 6201 Public Law 94–163 Part D—State energy conservation programs Sec. 361. Findings and purpose. Sec. 362. Definitions. Sec. 363. General provisions. Sec. 364. State energy conservation plans. Sec. 365. Federal assistance to States. Sec. 366. State energy efficiency goals. Sec. 367. Loans for residential building energy efficiency upgrades. . 3. Funding (a) Budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation (b) Advance appropriations required An authorization of appropriations under this Act or an amendment made by this Act shall be effective for a fiscal year only to the extent and in the amounts provided in advance in appropriations Acts.

Residential Energy Savings Act of 2013

Protecting Americans from the Proliferation of Weapons to Terrorists Act of 2013 - Prohibits the obligation or expenditure of funds made available to the Central Intelligence Agency (CIA), the Department of Defense (DOD), or any other U.S. agency or entity involved in intelligence activities for the purpose of, or in a manner which would have the effect of, supporting military or paramilitary operations in Syria. Makes an exception for funds obligated for non-lethal humanitarian assistance for the Syrian people provided directly by the U.S. government through nongovernmental organizations and contractors or foreign governments. Nullifies such prohibition only if a joint resolution approving assistance for military or paramilitary operations in Syria is enacted. Directs the Secretary of State to report every 90 days on assistance provided to groups, organizations, movements, and individuals in Syria.

To restrict funds related to escalating United States military involvement in Syria. 1. Short title This Act may be cited as the Protecting Americans from the Proliferation of Weapons to Terrorists Act of 2013 2. Prohibition on funds to escalate United States military involvement in Syria (a) In general Except as provided under subsection (b), no funds made available to the Central Intelligence Agency, the Department of Defense, or any other agency or entity of the United States involved in intelligence activities may be obligated or expended for the purpose of, or in a manner which would have the effect of, supporting, directly or indirectly, military or paramilitary operations in Syria by any nation, group, organization, movement, or individual. (b) Exception The prohibition under subsection (a) does not apply to funds obligated for non-lethal humanitarian assistance for the Syrian people provided directly by the United States Government, through nongovernmental organizations and contractors, or through foreign governments. (c) Duration of prohibition The prohibition under subsection (a) shall cease to apply only if a joint resolution approving assistance for military or paramilitary operations in Syria is enacted. (d) Quarterly reports Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of State shall submit to Congress a report on assistance provided to groups, organizations, movements, and individuals in Syria. (e) Non-Lethal humanitarian assistance defined In this Act, the term non-lethal humanitarian assistance

Protecting Americans from the Proliferation of Weapons to Terrorists Act of 2013

Safeguarding America's Future and Environment Act or SAFE Act - Requires the President to establish an interagency Natural Resources Climate Change Adaptation Panel to: (1) adopt the National Fish, Wildlife, and Plants Climate Adaptation Strategy (released March 26, 2013) to protect, restore, and conserve natural resources so that such resources become more resilient, adapt to, and withstand the impacts of extreme weather and climate change; and (2) review and revise such strategy every four years. Requires each agency represented on such panel to integrate the elements of such strategy that relate to conservation, restoration, and management of natural resources into agency plans, environmental reviews, and programs. Requires the Secretary of the Interior to establish a National Climate Change and Wildlife Science Center within the United States Geological Survey (USGS) to assess and develop scientific information, tools, strategies, and techniques to be used to address the impacts of extreme weather and climate change on natural resources. Requires the Secretary of Commerce and the Secretary of the Interior to establish a Science Advisory Board to advise such Panel on the state of the science regarding such impacts and strategies and mechanisms for natural resources adaptation. Requires each agency represented on such panel to submit to the President a natural resources adaptation plan to address such impacts and implement the plan upon approval by the President. Requires states, in order to be eligible to receive funding under this Act, to submit to the Secretary of the Interior and, as applicable, the Secretary of Commerce for review and approval a state natural resources adaptation plan that details efforts to address impacts of climate change on natural resources and coastal areas.

To establish an integrated Federal program to respond to ongoing and expected impacts of extreme weather and climate change by protecting, restoring, and conserving the natural resources of the United States, and to maximize government efficiency and reduce costs, in cooperation with State, local, and tribal governments and other entities. 1. Short title This Act may be cited as the Safeguarding America’s Future and Environment Act SAFE Act 2. Findings, purposes, and policy (a) Findings Congress finds that— (1) natural resources provide significant benefits to the people and economy of the United States, including— (A) abundant clean water supplies; (B) flood and coastal storm protection; (C) clean air; (D) a source for food, fiber, medicines, and pollination of the crops and other plants of the United States; (E) outdoor recreation, which is a source of jobs and economic stimulus; (F) hunting and fishing opportunities and support of subsistence communities; (G) scientific research and education; and (H) world-class tourism destinations that support local economies; (2) the United States Geological Survey, National Oceanic and Atmospheric Administration, National Aeronautics and Space Administration, and other agencies within the United States Global Change Research Program have observed that the natural resources of the United States are facing increasing impacts from extreme weather and climate change, including— (A) more frequent and severe droughts and heatwaves; (B) more frequent and severe storms and floods; (C) more frequent and severe wildfires; (D) more frequent and severe outbreaks of forest pests and invasive species; (E) flooding and erosion of coastal areas due to rising sea levels; (F) melting glaciers and sea ice; (G) thawing permafrost; (H) shifting fish, wildlife, and plant population ranges; (I) disruptive shifts in the timing of fish, wildlife, and plant natural history cycles, such as blooming, breeding, and seasonal migrations; and (J) ocean acidification; and (3) the Federal Government should provide leadership in preparing for and responding to the impacts described in paragraph (2) to ensure that present and future generations continue to receive the benefits of the abundant and diverse natural resources of the United States. (b) Purposes The purpose of this Act is to establish an integrated Federal program— (1) to respond to ongoing and expected impacts of extreme weather and climate change by protecting, restoring, and conserving the natural resources of the United States; and (2) to maximize government efficiency and reduce costs, in cooperation with State, local, and tribal governments and other entities. (c) Natural resources climate change adaptation policy It is the policy of the Federal Government, in cooperation with State and local governments, Indian tribes, and other interested stakeholders to evaluate and reduce the increased risks and vulnerabilities associated with future extreme weather events and other climate impacts in carrying out the respective missions of those entities and to use all practicable means to protect, restore, and conserve natural resources so that natural resources— (1) become more resilient, adapt to, and withstand the ongoing and expected impacts of extreme weather and climate change; and (2) can continue safeguarding the communities in, and sustaining the economy of, the United States. 3. Definitions In this Act: (1) Board The term Board (2) Center The term Center (3) Corridors The term corridors (A) provide connectivity, over different time scales, of landscapes, habitats or potential habitats, and ecological processes; and (B) facilitate terrestrial, marine, estuarine, and freshwater fish, wildlife, or plant movement that is necessary— (i) for migration, gene flow, or dispersal; or (ii) to respond to the ongoing and expected impacts of climate change (including, where applicable, ocean acidification, drought, flooding, and wildfire). (4) Ecological processes The term ecological processes (A) nutrient cycling; (B) pollination; (C) predator-prey relationships; (D) soil formation; (E) gene flow; (F) disease epizootiology; (G) larval dispersal and settlement; (H) hydrological cycling; (I) decomposition; and (J) disturbance regimes, such as fire and flooding. (5) Habitat The term habitat (6) Indian tribe The term Indian tribe 25 U.S.C. 450b (7) Natural resources The term natural resources (8) Natural resources adaptation The term natural resources adaptation (9) Panel The term Panel (10) Resilience; resilient The terms resilience resilient (11) State The term State (A) a State of the United States; (B) the District of Columbia; (C) American Samoa; (D) Guam; (E) the Commonwealth of the Northern Mariana Islands; (F) the Commonwealth of Puerto Rico; and (G) the United States Virgin Islands. (12) Strategy The term Strategy 4. Natural resources climate change adaptation panel (a) Establishment Not later than 90 days after the date of enactment of this Act, the President shall establish a Natural Resources Climate Change Adaptation Panel composed of the heads of Federal agencies or departments with jurisdiction over natural resources of the United States and State and tribal representatives, including— (1) the Administrator of the National Oceanic and Atmospheric Administration; (2) the Chief of the Forest Service; (3) the Director of the National Park Service; (4) the Director of the United States Fish and Wildlife Service; (5) the Director of the Bureau of Land Management; (6) the Director of the United States Geological Survey; (7) the Commissioner of Reclamation; (8) the Director of the Bureau of Indian Affairs; (9) the Administrator of the Environmental Protection Agency; (10) the Chief of Engineers; (11) the Chair of the Council on Environmental Quality, who shall serve as Chairperson of the Panel; (12) the Administrator of the Federal Emergency Management Agency; (13) State representatives from each regional association of State fish and wildlife agencies; and (14) not less than 2 tribal representatives. (b) Duties The Panel shall serve as a forum for interagency consultation on, and the coordination of, the development and implementation of the Strategy. 5. National fish, wildlife, and plants climate adaptation strategy (a) In general The Panel shall adopt the Strategy to protect, restore, and conserve natural resources so that natural resources become more resilient, adapt to, and withstand the ongoing and expected impacts of extreme weather and climate change. (b) Review and revision Beginning in fiscal year 2017, and every 4 years thereafter, the Panel shall review and revise the Strategy to incorporate— (1) new information regarding the ongoing and expected impacts of climate change on natural resources; and (2) new advances in the development of natural resources adaptation strategies. (c) Requirements In revising the Strategy, the Panel shall— (1) use the best available science; and (2) provide public notice and opportunity for comment from all interested stakeholders. (d) Contents A revised Strategy shall— (1) assess the vulnerability of natural resources to climate change, including short-term, medium-term, long-term, cumulative, and synergistic impacts; (2) describe current, observation, and monitoring activities at the Federal, State, tribal, and local levels relating to the ongoing and expected impacts of climate change on natural resources; (3) identify and prioritize research and data needs; (4) identify natural resources likely to have the greatest need for protection, restoration, and conservation due to the ongoing and expanding impacts of extreme weather and climate change; (5) include specific protocols for integrating natural resources adaptation strategies and activities into the conservation and management of natural resources by Federal agencies to ensure consistency across agency jurisdictions; (6) identify opportunities for maintaining, restoring, or enhancing natural resources to reduce the risks of extreme weather and climate change on other vulnerable sectors of society; (7) identify Federal policies and actions that may reduce resilience and increase the vulnerability of natural resources to extreme weather and climate change; (8) include specific actions that Federal agencies shall take to protect, conserve, and restore natural resources to become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change, including a timeline to implement those actions; (9) include specific mechanisms for ensuring communication and coordination— (A) among Federal agencies; and (B) between Federal agencies and State natural resource agencies, territories of the United States, Indian tribes, private landowners, conservation organizations, and other countries that share jurisdiction over natural resources with the United States; (10) include specific actions to develop and implement coordinated natural resources inventory and monitoring protocols through interagency coordination and collaboration with States and local governments, Indian tribes, and private organizations; and (11) include procedures for guiding the development of detailed agency-specific adaptation plans required under section 7. (e) Implementation (1) In general Consistent with other laws and Federal trust responsibilities concerning Indian land, each Federal agency represented on the Panel shall integrate the elements of the Strategy that relate to conservation, restoration, and management of natural resources into agency plans, environmental reviews, and programs. (2) Public report Each Federal agency represented on the Panel shall, on an annual basis, make available to the public a report documenting the actions of the agency in implementing the Strategy. (3) Coordination The Panel shall coordinate the implementation of the Strategy with non-Panel Federal agencies to achieve the national policy described in section 2(c). 6. Natural resources adaptation science and information (a) National climate change and wildlife science center (1) Establishment The Secretary of the Interior, in collaboration with the States, Indian tribes, and other partner organizations, shall establish a National Climate Change and Wildlife Science Center within the United States Geological Survey. (2) Duties of center The Center shall assess and develop scientific information, tools, strategies, and techniques to be used by the Panel, Federal and State agencies, and other interested parties in addressing the impacts of extreme weather and climate change on natural resources. (3) General authority to enter into contracts, grants, and cooperative agreements The Secretary may enter into contracts, grants, or cooperative agreements, for periods not to exceed 5 years, with State agencies, State cooperative extension services, institutions of higher education, other research or educational institutions and organizations, Federal and private agencies and organizations, individuals, and any other contractor or recipient, to further the duties under paragraph (2) without regard to— (A) any requirements for competition; (B) section 6101 of title 41, United States Code; or (C) subsections (a) and (b) of section 3324 (b) Science advisory board (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Commerce and the Secretary of the Interior shall establish and appoint the members of a Science Advisory Board. (2) Membership The Board shall be comprised of not fewer than 10 and not more than 20 members— (A) who have expertise in biology (including fish, wildlife, plant, aquatic, coastal, and marine biology), ecology, climate change (including, where applicable, ocean acidification, drought, flooding, and wildfire), and other relevant scientific disciplines; (B) who are scientists that represent a balanced membership among Federal, State, tribal, and local representatives, institutions of higher education, and other interested parties; and (C) of whom at least 1/2 (3) Duties The Board shall— (A) advise the Panel on the state of the science regarding— (i) the ongoing and expected impacts of extreme weather and climate change on natural resources; and (ii) scientific strategies and mechanisms for natural resources adaptation; (B) identify and recommend priorities for ongoing research needs on the issues described in subparagraph (A) to inform the research priorities of the Center described in subsection (a) and other Federal climate science institutions; and (C) review and comment on each revised Strategy before that Strategy is finalized. (4) Collaboration The Board shall collaborate with climate change and ecosystem research entities in other Federal agencies and departments. (5) Availability to public The advice and recommendations of the Board shall be made available to the public. 7. Federal natural resource agency adaptation plans (a) Development Not later than 1 year after the date of enactment of this Act and not later than 1 year after the date of each revision of the Strategy, each Federal agency with representation on the Panel shall— (1) complete a natural resources adaptation plan for that Federal agency that is consistent with the revised Strategy; (2) detail the ongoing and expanding proposed actions of the Federal agency, and any changes in decisionmaking processes necessary to increase the ability of resources under the jurisdiction of the agency; (3) provide opportunities for public review and comment on the plan; (4) coordinate with the plan of each other Federal agency with representation on the Panel; and (5) submit the plan to the President for approval. (b) Requirements Each adaptation plan shall— (1) identify and prioritize specific conservation strategies and actions that address the ongoing and expected impacts of extreme weather and climate change on natural resources under the jurisdiction of the department or agency preparing the plan, including— (A) protection, restoration, and conservation of natural resources to become more resilient, adapt to, and better withstand the impacts of extreme weather and climate change; and (B) protection of habitats and ecosystems, the diversity of native fish, wildlife, and plant populations, and wildlife corridors, including— (i) protection, restoration, and conservation of terrestrial, marine, estuarine, and freshwater habitats and ecosystems; (ii) establishment of terrestrial, marine, estuarine, and freshwater corridors; (iii) restoration and conservation of ecological processes; (iv) protection of a broad diversity of native species of fish, wildlife, and plant populations across the ranges of those species; and (v) protection of fish, wildlife, and plant health, recognizing that climate can alter the distribution and ecology of parasites, pathogens, and vectors; (2) describe how the agency will— (A) integrate the strategies and conservation activities into plans, programs, activities, and actions of the agency relating to the conservation and management of natural resources; (B) establish new plans, programs, activities, and actions, if necessary; (C) maintain or restore corridors; and (D) minimize the impacts of energy, development, water, transportation, and transmission projects and other activities on wildlife and wildlife habitat; (3) establish methods— (A) to assess the effectiveness of strategies and conservation actions the agency takes to protect, restore, and conserve natural resources so natural resources become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change; and (B) to update those strategies and actions to respond to new information and changing conditions; (4) describe current and proposed mechanisms to enhance cooperation and coordination of natural resources adaptation efforts with other Federal agencies, State and local governments, Indian tribes, and nongovernmental stakeholders; (5) include written guidance to resource managers; and (6) identify and assess data and information gaps necessary to develop natural resources adaptation plans and strategies. (c) Implementation (1) In general On approval by the President, each Federal agency with representation on the Panel shall, consistent with existing authority, implement the adaptation plan of the agency through existing and new plans, policies, programs, activities, and actions. (2) Consideration of impacts To the maximum extent practicable and consistent with existing authority, natural resource management decisions made by each Federal agency with representation on the Panel shall— (A) consider the ongoing and expected impacts of extreme weather and climate change on natural resources; and (B) select alternatives that will avoid and minimize those impacts and promote resilience. (d) Revision and review Not later than 4 years after the date of implementation of the adaptation plan of a Federal agency, and every 4 years thereafter, the Federal agency shall review and revise the adaptation plan to incorporate the best available science, including advice and information pursuant to section 6 and other information, regarding the ongoing and expected impacts of climate change on natural resources. 8. State natural resources adaptation plans (a) Requirement To be eligible to receive funds pursuant to subsection (d), not later than 1 year after the date of enactment of this Act and not later than 1 year after the date of each revision of the Strategy, each State shall prepare and submit to the Secretary of the Interior and, as applicable, the Secretary of Commerce, a State natural resources adaptation plan detailing current and future efforts of the State to address the ongoing and expected impacts of climate change on natural resources and coastal areas within the jurisdiction of the State. (b) Review or approval The Secretary of the Interior and, as applicable, the Secretary of Commerce shall— (1) review each State adaptation plan; and (2) approve a State adaptation plan if the plan— (A) meets the requirements of subsection (c); and (B) is consistent with the Strategy. (c) Contents A State adaptation plan shall— (1) meet the requirements described in section 7(b); (2) include the adaptation provisions of any State comprehensive wildlife conservation strategy (or State wildlife action plan) that has been— (A) submitted to the United States Fish and Wildlife Service; and (B) approved, or is pending approval, by the United States Fish and Wildlife Service; (3) include the adaptation provisions of a statewide assessment and strategy for forest resources required under section 2A of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2101a (A) submitted to the Secretary of Agriculture; and (B) approved, or is pending approval, by the Secretary of Agriculture; and (4) include the adaptation provisions of a Coastal Zone Management Plan or a Coastal and Estuarine Land Conservation Program Plan that has been— (A) submitted to the National Oceanic and Atmospheric Administration; and (B) approved, or is pending approval, by the National Oceanic and Atmospheric Administration. (d) Distribution of funds to States Any funds made available pursuant to this Act shall be— (1) used to carry out natural resources adaptation activities in accordance with adaptation plans approved under this section; and (2) made available through— (A) the State and tribal wildlife grant program under title I of division F of the Consolidated Appropriations Act, 2008 ( Public Law 110–161 (B) (i) the grant program under section 306 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1455 (ii) the Coastal and Estuarine Land Conservation Program established under title II of the Department of Commerce and Related Agencies Appropriations Act, 2002 ( 16 U.S.C. 1456d (e) Public input In developing an adaptation plan, a State shall solicit and consider input from the public and independent scientists. (f) Coordination with other plans A State adaptation plan shall, where appropriate, integrate the goals and measures set forth in other natural resources conservation strategies and plans. (g) Updates Each State adaptation plan shall be updated at least every 4 years. 9. Authorization of appropriations There are authorized to be appropriated to carry out this Act such sums as are necessary.

SAFE Act

Promoting Adoption and Promoting Responsible Fatherhood Act of 2013 - Amends part B (Child and Family Services) of title IV of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to establish and maintain an automated National Responsible Father Registry. Requires the Registry to: (1) contain specified kinds of information sufficient to identify a possible father, and (2) provide a mechanism for men to register such identifying information directly with the Registry. Limits access to Registry information to eligible parties, including: (1) public and licensed private adoption or child placement agencies, (2) licensed attorneys representing a party in a planned or pending adoption or in the termination of rights of one or more possible fathers, (3) state agencies or entities responsible for the placement of children, and (4) state courts. Directs the Secretary to establish a nationwide campaign designed to inform possible fathers, unwed mothers, possible adoptive parents, and eligible parties of the National Registry, the advantages of possible fathers registering either in the National Registry or State Responsible Father Registries, or both, the rights and responsibilities of such parties with regard to a proceeding, and the role of such Registries in a proceeding. Directs the Secretary to use all reasonable efforts to encourage states to enter into agreements to establish automated State Responsible Father Registries and centers that make registration forms easily accessible to possible fathers. Authorizes the Secretary to make a grant to a state to establish a State Registry or modify an existing one to meet the requirements of this Act.

To promote permanent families for children, privacy and safety for unwed mothers, responsible fatherhood, and security for adoptive parents by establishing a National Responsible Father Registry and encouraging States to enter into agreements to contribute the information contained in the State’s Responsible Father Registry to the National Responsible Father Registry, and for other purposes. 1. Short title This Act may be cited as the Protecting Adoption and Promoting Responsible Fatherhood Act of 2013 2. Findings and purposes (a) Findings Congress makes the following findings: (1) Responsible father registries, also known as possible father registries or putative father registries, exist in as many as 34 States. (2) The Supreme Court of the United States in Lehr v. Robertson (463 U.S. 248) (1983), found responsible father registries to be constitutional. (3) Responsible father registries help to speed up the stable placement of children by providing a mechanism to determine whether there are any possible fathers who may have an interest in participating in the placement decisions of the child so that the possible father can timely assert his rights or so that the father’s rights can be waived, surrendered, or terminated and the child made available for adoption or placement. (4) Responsible father registries protect the privacy and safety of unwed mothers by removing the burden from the mother to provide information about any possible fathers, disclosure of which would be an invasion of her privacy and may cause harm to the mother, particularly in the case of rape or domestic violence. (5) Responsible father registries serve to protect the rights of men who wish to be involved in the placement decisions of a child they believe they may have fathered by creating a mechanism for such men to undertake responsibility and to protect their rights without having to rely upon others to protect their rights, and to indicate their desire to be notified in a timely manner of certain legal proceedings related to the child, including proceedings related to termination of rights, adoption, and the placement of the child into State custody. (6) Responsible father registries protect the privacy of possible fathers by providing a mechanism for men to submit identifying information to a database with restricted access. (7) Responsible father registries protect the interests of adoptive parents and increase the security of adoptions by reducing the risk that possible fathers cannot be located in a timely manner. One of the biggest risks to the finalization of an adoption is the inability of the parties to an adoption proceeding to timely locate the possible fathers. When possible fathers are not provided with timely notice of an adoption proceeding related to a child they may have fathered and discover such proceeding later, the adoption proceeding often is delayed or disrupted. In addition to causing emotional stress and significant costs associated with this problem, such cases, particularly when they attract media attention, create a chilling effect on adoption in that prospective adoptive parents may decide not to pursue the option of adoption for fear that they will be involved in such a case. (8) Interstate travel of mothers and the filing of legal actions relating to a child in a State other than the State in which a possible father may have registered may circumvent and eliminate the protections such unwed mothers and possible fathers are provided by the individual State Responsible Father Registries, because there are no agreements or mechanisms between the States to identify or to provide notice to possible fathers who have registered in another State. (9) The inability of States to coordinate and cross-check their responsible father registries may jeopardize or delay the placement of the child in a permanent home and undermines the benefits to unwed mothers, protections intended for registered possible fathers, and security for adoptive parents that State registries are intended to afford. (b) Purposes The purposes of this Act are— (1) to provide for a national database that would accept possible father registrations from participating State Responsible Father Registries and directly from possible fathers, and would transmit the results of specific searches of such registrations to authorized parties involved in any State’s proceedings, whether the State participates in the national registry or not, for adoption, the placement of a child in State custody, or the termination of a father’s rights; (2) to enable children to find a permanent home more quickly by providing identifying information on possible fathers thereby enabling the fathers’ rights to be addressed in a more timely manner; (3) to remove the burden from the mother of having to identify potential fathers, to protect her privacy and safety, especially in cases of rape or domestic violence; (4) to empower men to take responsibility for the protection of their rights by enabling them to register in a participating State or directly with the national registry, increasing the likelihood of men receiving notice of a proceeding in another State and reducing the opportunity for the mother to deprive a possible father of the ability to assert his rights by withholding accurate information concerning the possible father, by moving, or by traveling to another State; and (5) to reduce the risk to prospective adoptive parents of delayed or disrupted placements resulting from challenges to adoptions due to a possible father’s untimely receipt of notice of such proceedings. 3. Registries to facilitate adoptions Part B of title IV of the Social Security Act 42 U.S.C. 620 et seq. 4 National and State Responsible Father Registries to facilitate adoptions 445. Definitions In this subpart: (1) Business day The term business day (2) Eligible party The term eligible party (A) public and licensed private adoption or child placement agencies gathering information for a planned or pending adoption or the termination of rights of one or more possible fathers; (B) licensed attorneys representing a party in a planned or pending adoption or in the termination of rights of one or more possible fathers; (C) State agencies or entities responsible for the placement of children; and (D) State courts. (3) National Responsible Father Registry The term National Responsible Father Registry (4) Notice The term notice (5) Pending adoption The term pending adoption (6) Planned adoption The term planned adoption (7) Proceeding The term proceeding (8) Possible father The term possible father putative father (9) Search The term search (10) State Responsible Father Registry The term State Responsible Father Registry (11) Participating State The term participating State 445A. National Responsible Father Registry (a) Establishment and maintenance (1) In general Not later than the date that is 180 days after the date of enactment of this subpart, the Secretary shall establish and maintain an automated National Responsible Father Registry that contains the information described in section 445C(c) and that provides a mechanism for men to register such information directly with the National Responsible Father Registry. (2) Data entry and deletion requirements (A) Data entry Information transmitted by a State or a possible father under section 445C(d)(2) shall be entered into the National Responsible Father Registry not later than the date that is 2 business days after the date on which such information is received. (B) Responsible father registration The Secretary shall establish procedures under which a possible father may submit the information described in section 445C(c) directly to the Secretary for the purpose of including such information in the National Responsible Father Registry. Such procedures shall— (i) require the possible father to verify by submission of a sworn statement or such other means as the Secretary determines appropriate that the information submitted is his own personal information and that it is true and correct to the best of his knowledge; (ii) provide that no fee shall be charged to the possible father for registering in the National Responsible Father Registry; and (iii) allow possible fathers to submit registrations by mail or electronic means. (C) Application of Federal penalties for submission of false information Any person who knowingly submits false information to the National Responsible Father Registry directly or indirectly through transmission of information submitted to a State Responsible Father Registry shall be subject to penalties in accordance with the provisions of section 1001 (D) Deletion of data Information entered into the National Responsible Father Registry shall remain in the registry for not less than 20 years from the date of entry. (3) Access to information in the National Responsible Father Registry (A) In general Subject to subparagraph (B), access to the information contained in the National Responsible Father Registry is limited to an eligible party. (B) Limited access for registrants Each possible father who registers in the National Responsible Father Registry may file a search request with the Secretary for the limited purpose of confirming that the information he provided is contained in the National Registry. (4) Search requests (A) By an eligible party The Secretary shall accept a request from an eligible party to search the National Responsible Father Registry only if the request has been verified for authenticity. (B) By a registrant The Secretary shall accept a request from a possible father who has registered in the National Responsible Father Registry to search the National Responsible Father Registry only if the request has been verified for authenticity. (C) Fee The Secretary is authorized to charge a reasonable fee for a search conducted under this section. (5) Limitation on disclosure of information No information contained in the National Responsible Father Registry shall be disclosed to any person if the disclosure of the information would contravene a national security interest of the United States or if the disclosure would compromise the confidentiality of census data. (6) Methods for requesting a search of the national database An eligible party may request a search under this section either electronically or through the mail. (7) Certificate of search (A) Issuance Within 2 business days of receipt of a search request, the Secretary shall issue by mail or electronic means a certificate of search to the person who requested the search. (B) Contents of eligible party search The certificate of search on behalf of an eligible party shall contain— (i) the names and most recent contact information for all possible fathers who are registered in the National Responsible Father Registry or registered in any participating State Responsible Father Registry; (ii) the latest date through which data in the National Responsible Father Registry has been updated; and (iii) the list of the State Responsible Father Registries whose data is included in the search database and the date through which the data from each participating State was last updated. (C) Contents of registrant search The certificate of search on behalf of a possible father who has registered in the National Responsible Father Registry shall only contain the information provided to the Secretary by the registrant himself or provided by the registrant to a participating State registry and transmitted by that State registry to the Secretary. (D) Effect of certificate A certificate of search issued under subparagraph (B) shall serve as evidence of efforts by the eligible party who requested the search to locate a possible father in order to provide those possible fathers identified in the certificate with notice of a proceeding. (b) National educational campaign The Secretary shall establish a nationwide responsible fatherhood and responsible father registry educational campaign that is designed to inform possible fathers, unwed mothers, possible adoptive parents, and eligible parties of the existence of the National Responsible Father Registry, the advantages of possible fathers registering either in the National Responsible Father Registry or a State Responsible Father Registry, or both, the rights and responsibilities of possible fathers, unwed mothers, possible adoptive parents, and eligible parties with regard to a proceeding, and the role of the National Responsible Father Registry and a State Responsible Father Registry in a proceeding. 445B. Agreements with States to promote responsible fatherhood (a) In general The Secretary shall use all reasonable efforts to encourage States to enter into an agreement with the Secretary to become a participating State under this subpart. Such agreements shall— (1) require that the State comply with the requirements for State Responsible Father Registries under section 445C; (2) require that the State provide for a process under which a registered possible father will receive notice of a proceeding at the most recent address he provided to the registry, within State determined guidelines and time limits; (3) require the State to provide annual reviews and reports to the Secretary on the State Responsible Father Registry, including such information as may be necessary to measure compliance with the requirements under this subpart; (4) require the State to, in accordance with standards prescribed by the Secretary, cooperate with other States and the Federal Government to assist individuals and governments in their efforts to locate and provide notice to possible fathers; (5) encourage the State to establish or designate a single organizational unit within the State that meets such staffing and organizational requirements as the Secretary may prescribe to administer the State Responsible Father Registry; (6) encourage the State to enter into cooperative agreements between the State and appropriate entities, such as those specified in section 445C(e)(2), to assist the organizational unit established or designated to administer the State Responsible Father Registry; (7) encourage the State to amend its long-arm jurisdictional statute to ensure that personal jurisdiction is established in a proceeding for a father registered in the National Responsible Father Registry; (8) encourage States to develop, establish, and operate programs that are designed— (A) to improve the protection of the rights of possible fathers in a proceeding; (B) to assist mothers in making responsible plans for their children's future; and (C) to protect the privacy and safety of possible fathers and of birth mothers, including those who have been the victims of violence, by, among other things, enabling birth mothers to proceed with an adoption or placement plan without being required to disclose her sexual partners; and (9) encourage States to enact laws and regulations to address the pre-birth abandonment of a child by the biological father and abandonment of a child by the biological father subsequent to birth. (b) Grants To promote responsible fatherhood An agreement with a State that meets the requirements of subsection (a) may include a grant to the State as provided for under section 445D. 445C. State Responsible Father Registries (a) Establishment and maintenance (1) In general Subject to paragraph (2), each State that is a participating State under this subpart shall provide assurances to the Secretary that the State has, or will establish, and will maintain an automated responsible father registry that meets the requirements of this section. (2) Existing State Responsible Father Registries A State that has a responsible father registry in existence on the date of enactment of this subpart and desires to enter into an agreement with the Secretary under section 445B shall provide assurances to the Secretary that the State will, not later than 180 days from the last day of the first regular session of the State legislature that begins after the date of enactment of this subpart, modify the registry to the extent necessary for the registry to meet the requirements of this section with respect to responsible fathers who register with the State on or after that day. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session is considered to be a separate, regular session of the State legislature. (b) Registration with the State Responsible Father Registry (1) Submission of information The State shall establish procedures under which the possible father of a child may submit the information described in subsection (c) to the State for the purpose of including the information in the State Responsible Father Registry. Such procedures shall provide that, in order for the possible father to be entitled to notice of any proceeding, the possible father must submit information for inclusion in the State Responsible Father Registry within State-determined time limits. (2) Verification The procedures established under paragraph (1) shall require the possible father to verify by submission of a sworn statement or such other means as the State, in consultation with the Secretary, determines appropriate that the information submitted is his own personal information and that it is true and correct to the best of his knowledge. (c) Contents With respect to a child, the State Responsible Father Registry shall contain information sufficient to identify the possible father, which may include (but is not limited to)— (1) the name of the possible father (including any other names by which he may be known); (2) the date of birth of the possible father; (3) the Social Security number of the possible father, if any; (4) the State of issue and driver's license number of the possible father, if any; (5) the address provided by the possible father at which he requests notice; (6) all known telephone numbers for the possible father; (7) the name and address of the employer of the possible father, if any; (8) the name of the mother (including any other names by which she may be known); (9) the most recent address of the mother, if known; (10) the date of birth of the mother, if known; (11) the Social Security number of the mother, if known; (12) the State of issue and driver's license number of the mother, if known; (13) the city and State where possible conception took place; (14) the date or estimated date (or range of dates) of possible conception; (15) the birth date of the child or the approximate delivery date, if known; and (16) the name and gender of the child, if known. (d) Collection of State information and transmission to the National Responsible Father Registry (1) Collection The State shall collect the information described in subsection (c) submitted by the possible father and enter such information into the State Responsible Father Registry. (2) Transmission Not later than the date that is 3 business days after the date on which any information described in subsection (c) is entered into the State Responsible Father Registry, the State shall furnish such information to the Secretary, in an electronic format designated by the Secretary, for purposes of including the information in the National Responsible Father Registry. (3) Requirement The procedures established under subsection (b)(1) shall include a means by which a possible father is informed that the registry may be used to establish an obligation to support a child or children. Except as provided in subsection (g), registration shall not constitute an admission of guilt to any crime under Federal or State law. (e) Establishment of Registration Centers (1) In general The State shall establish centers in various locations throughout the State so that registration forms for the State Responsible Father Registry are easily accessible to possible fathers. (2) Sites The sites of the centers described in paragraph (1) may include (but are not limited to) the following: (A) State and local hospitals. (B) Courthouses in which family courts are located. (C) State departments of motor vehicles. (D) State welfare agencies. (E) State health department offices. (F) State vital records offices. (G) State probate courts. (H) State-operated or -sponsored websites for each center established in accordance with this subsection. (f) Method of submitting registration The State shall permit a possible father to submit information to the State Responsible Father Registry electronically, in person, or by mail. The State shall not charge a fee for registering in the State Responsible Father Registry. (g) Penalties for submission of false information A State shall have in effect a law that provides that any person who knowingly submits false information to a State Responsible Father Registry shall be guilty of the highest class of misdemeanor under State law. (h) Accuracy of data A possible father is solely responsible for the accuracy of the information contained in his registration and he shall be responsible for updating the information, if needed to keep it accurate. The information contained in the registration is presumed accurate. Notice regarding a proceeding shall be deemed received by the possible father if sent or delivered to him at the most recent address he provided in subsection (c)(5). (i) Privacy safeguards The State shall establish procedures to ensure that the information maintained in the State Responsible Father Registry is subject to the same privacy safeguards as the privacy safeguards required under section 454(26). 445D. Grants to States to promote responsible fatherhood (a) Grants to States The Secretary may make a grant to a State that enters into an agreement with the Secretary pursuant to section 445B to become a participating State for purposes of— (1) modifying an existing State Responsible Father Registry to the extent necessary for the registry to meet the requirements of section 445C; or (2) establishing a State Responsible Father Registry that meets the requirements of section 445C. (b) Condition As a condition for receiving a grant under this section, a State shall agree to— (1) maintain an automated State Responsible Father Registry in accordance with the requirements of section 445C; and (2) support the nationwide responsible fatherhood and responsible father registry educational campaign established under section 445A(b). (c) Amount A grant made under this section shall be in such an amount as the Secretary determines appropriate. (d) Use of funds Funds received under a grant made under this section may be used to reimburse a participating State in whole or in part for costs incurred to modify an existing State Responsible Father Registry or to establish a State Responsible Father Registry, and to reimburse the State in whole or in part for costs incurred to satisfy the conditions specified in subsection (b). (e) Authorization of appropriations There are authorized to be appropriated such sums as are necessary for fiscal year 2014 and each fiscal year thereafter for purposes of making grants to States under this section. .

Protecting Adoption and Promoting Responsible Fatherhood Act of 2013

Health Care Conscience Rights Act - Amends title I of the Patient Protection and Affordable Care Act to declare that nothing in such title shall require an individual to purchase individual health insurance coverage that includes coverage of an abortion or other item or service to which the individual has a moral or religious objection, or prevent an issuer from offering or issuing, to that individual, individual coverage excluding such item or service. Makes similar denials about requiring a sponsor to sponsor, purchase, or provide such coverage, or a health insurance issuer or group health plan sponsor to cover an abortion or other item or service to which the sponsor or issuer has a moral or religious objection. Denies also that such title authorizes imposition of a tax, penalty, fee, fine, or other sanction, or imposition of coverage of such an item or service, in relation to health insurance coverage or a group health plan that excludes such an item or service. Amends the Public Health Service Act to codify the prohibition against any action by the federal government and any state or local government receiving federal financial assistance to subject a health professional, a hospital, a provider-sponsored organization, a health maintenance organization, an accountable care organization, a health insurance plan, or any other kind of health care facility, organization, or plan to discrimination on the basis that the entity refuses to participate in abortion-related activities. Requires the Secretary of Health and Human Services to designate the Director of the Office for Civil Rights of the Department of Health and Human Services (HHS) to receive and investigate complaints alleging a violation of abortion discrimination prohibition. Creates a cause of action for the Attorney General or any person or entity adversely affected to obtain equitable or legal relief for any violation of this abortion discrimination prohibition. Allows commencement of an action to be commenced and the granting of relief without a prerequisite pursuit of administrative remedies. Allows such an action against a federal or state governmental entity.

To amend the Patient Protection and Affordable Care Act to protect rights of conscience with regard to requirements for coverage of specific items and services, to amend the Public Health Service Act to prohibit certain abortion-related discrimination in governmental activities, and for other purposes. 1. Short title This Act may be cited as the Health Care Conscience Rights Act 2. Findings Congress finds as follows: (1) As Thomas Jefferson declared to New London Methodists in 1809, [n]o provision in our Constitution ought to be dearer to man than that which protects the rights of conscience against the enterprises of the civil authority (2) Jefferson’s conviction on respect for conscience is deeply embedded in the history and traditions of our Nation, and codified in numerous Federal laws approved by congressional majorities and Presidents of both parties, including in the Public Health Service Act (42 U.S.C. 201 et seq.); the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 ( 22 U.S.C. 7601 et seq. 42 U.S.C. 2000bb et seq. (3) Following enactment of the Patient Protection and Affordable Care Act (Public Law 111–148, in this section referred to as PPACA (4) While PPACA provides an exemption for some religious groups that object to participation in health insurance generally, and exempts millions of Americans from most of the Act’s provisions, including the preventive services mandate, it fails to provide statutory protection for those seeking to offer or to purchase health coverage who have a religious or moral objection only to specific items or services. (5) Nurses and other health care providers have increasingly been subjected to discrimination for abiding by their conscience rather than providing, paying for, or referring for abortion. (6) Conscience rights protections for health care providers are an important part of civil rights protections in Federal law and are indispensable to the continued viability of the health care system in the United States. The increasingly significant discrimination suffered by faith-based nonprofit health care providers risks undermining access to high-quality compassionate care for some of the most vulnerable populations in our country. 3. Applying longstanding policy on conscience rights to the Affordable Care Act (a) In general Title I of the Patient Protection and Affordable Care Act ( Public Law 111–148 (1) by redesignating the second section 1563 (relating to conforming amendments and as redesignated by section 10107(b)(1) of the Patient Protection and Affordable Care Act) as section 1564; (2) by redesignating the third section 1563 (relating to the Sense of the Senate promoting fiscal responsibility) as section 1565; and (3) by adding at the end the following new section: 1566. Respecting conscience rights in health coverage (a) In general Notwithstanding any other provision of this title, no provision of this title (and no amendment made by this title) shall— (1) require an individual to purchase individual health insurance coverage that includes coverage of an abortion or other item or service to which such individual has a moral or religious objection, or prevent an issuer from offering or issuing, to such individual, individual health insurance coverage that excludes such item or service; (2) require a sponsor (or, in the case of health insurance coverage offered to students through an institution of higher education, the institution of higher education offering such coverage) to sponsor, purchase, or provide any health benefits coverage or group health plan that includes coverage of an abortion or other item or service to which such sponsor or institution, respectively, has a moral or religious objection, or prevent an issuer from offering or issuing to such sponsor or institution, respectively, health insurance coverage that excludes such item or service; (3) require an issuer of health insurance coverage or the sponsor of a group health plan to include, in any such coverage or plan, coverage of an abortion or other item or service to which such issuer or sponsor has a moral or religious objection; or (4) authorize the imposition of a tax, penalty, fee, fine, or other sanction, or the imposition of coverage of the item or service to which there is a moral or religious objection, in relation to health insurance coverage or a group health plan that excludes an item or service pursuant to this section. (b) Restriction on contrary governmental action No provision in this title (or amendment made by this title) or law, regulation, guideline or other governmental action that implements such provision or amendment, or derives its authority therefrom, shall be given legal effect to the extent that it violates this section. (c) No effect on other laws Nothing in this section shall be construed to preempt, modify, or otherwise have any effect on— (1) the Civil Rights Act of 1964; (2) the Americans with Disabilities Act of 1990; (3) the Pregnancy Discrimination Act of 1978; (4) the Mental Health Parity Act of 1996; or (5) any other State or Federal law, other than a provision in this title (or an amendment made by this title) or a law, regulation, guideline or other governmental action that implements such provision or amendment or derives its authority therefrom. (d) Aggregate actuarial value Nothing in this section shall be construed to prohibit the Secretary from issuing regulations or other guidance to ensure that health insurance coverage or group health plans excluding abortion or other items or services under this section shall have an aggregate actuarial value at least equivalent to that of health insurance coverage or group health plans at the same level of coverage that do not exclude such items or services. (e) Continued application of nondiscrimination rules Nothing in this section shall be construed to permit a health insurance issuer, group health plan, or other health care provider to act in a manner inconsistent with subparagraph (B) or (D) of section 1302(b)(4). . (b) Clerical amendment The table of contents of the Patient Protection and Affordable Care Act ( Public Law 111–148 (1) by striking the following items: 1563. Conforming amendments. 1563. Sense of the Senate promoting fiscal responsibility. ; and (2) by inserting after the item relating to the section 1563 relating to small business procurement the following items: 1564. Conforming amendments. 1565. Sense of the Senate promoting fiscal responsibility. 1566. Respecting conscience rights in health coverage. . 4. Abortion nondiscrimination for health care providers Section 245 of the Public Health Service Act ( 42 U.S.C. 238n (1) in the section heading, by striking and licensing of physicians , licensing, and practice of physicians and other health care entities (2) in subsection (a), by amending paragraph (1) to read as follows: (1) the entity refuses— (A) to undergo training in the performance of induced abortions; (B) to require or provide such training; (C) to perform, participate in, provide coverage of, or pay for induced abortions; or (D) to provide referrals for such training or such abortions; ; (3) in subsection (b)(1), by striking standards standard (4) in subsection (c), by amending paragraphs (1) and (2) to read as follows: (1) The term financial assistance (2) The term health care entity ; (5) by adding at the end of subsection (c) the following new paragraph: (4) The term State or local government that receives Federal financial assistance ; (6) by redesignating subsection (c) as subsection (d); and (7) by inserting after subsection (b) the following new subsection: (c) Administration The Secretary shall designate the Director of the Office for Civil Rights of the Department of Health and Human Services— (1) to receive complaints alleging a violation of this section, section 1566 of the Patient Protection and Affordable Care Act, or any of subsections (b) through (e) of section 401 of the Health Programs Extension Act of 1973; and (2) to pursue the investigation of such complaints, in coordination with the Attorney General. . 5. Remedies for violations of Federal conscience laws Title II of the Public Health Service Act ( 42 U.S.C. 202 et seq. 245A. Civil action for certain violations (a) In general A qualified party may, in a civil action, obtain appropriate relief with regard to a designated violation. (b) Definitions In this section— (1) the term qualified party (A) the Attorney General; or (B) any person or entity adversely affected by the designated violation; and (2) the term designated violation (c) Administrative remedies not required An action under this section may be commenced, and relief may be granted, without regard to whether the party commencing the action has sought or exhausted available administrative remedies. (d) Defendants in actions under this section may include governmental entities as well as others (1) In general An action under this section may be maintained against, among others, a party that is a Federal or State governmental entity. Relief in an action under this section may include money damages even if the defendant is such a governmental entity. (2) Definition For the purposes of this subsection, the term State governmental entity (e) Nature of relief The court shall grant— (1) all necessary equitable and legal relief, including, where appropriate, declaratory relief and compensatory damages, to prevent the occurrence, continuance, or repetition of the designated violation and to compensate for losses resulting from the designated violation; and (2) to a prevailing plaintiff, reasonable attorneys’ fees and litigation expenses as part of the costs. .

Health Care Conscience Rights Act

Local Energy Supply and Resiliency Act of 2013 - Requires the Secretary of Energy (DOE) to establish a program to disseminate information and provide technical assistance, directly or through grants, to assist eligible entities in identifying, evaluating, planning, and designing local energy infrastructure. Defines &quot;local energy infrastructure&quot; as a system that: recovers or produces useful thermal or electric energy from waste energy or renewable energy resources, generates electricity using a combined heat and power system, distributes electricity in microgrids, stores thermal energy, or distributes thermal energy or transfers it to building heating and cooling systems via a district energy system. Authorizes the Secretary to award grants to provide funds to cover no more than: (1) 100% of the cost of initial assessment to identify local energy opportunities, (2) 75% of the cost of feasibility studies to assess the potential for the implementation of local energy infrastructure, (3) 60% of the cost of guidance on overcoming barriers to such implementation, and (4) 45% of the cost of detailed engineering of local energy infrastructure. Amends the Energy Policy Act of 2005 to authorize the Secretary to make loan guarantees for commercial or innovative projects for local energy infrastructure under the existing loan guarantee program that provides incentives for innovative technologies. Amends the Community Development Banking and Financial Institutions Act of 1994 to redefine &quot;investment area" to include an area that has the potential for implementation of local energy infrastructure.

To reduce energy waste, strengthen energy system resiliency, increase industrial competitiveness, and promote local economic development by helping public and private entities to assess and implement energy systems that recover and use waste heat and local renewable energy resources. 1. Short title This Act may be cited as the Local Energy Supply and Resiliency Act of 2013 2. Findings and purposes (a) Findings Congress finds that— (1) a quantity of energy that is more than— (A) 27 percent of the total energy consumption in the United States is released from power plants in the form of waste heat; and (B) 36 percent of the total energy consumption in the United States is released from power plants, industrial facilities, and other buildings in the form of waste heat; (2) waste heat can be— (A) recovered and distributed to meet building heating or industrial process heating requirements; (B) converted to chilled water for air conditioning or industrial process cooling; or (C) converted to electricity; (3) renewable energy resources in communities in the United States can be used to meet local thermal and electric energy requirements; (4) use of local energy resources and implementation of local energy infrastructure can strengthen the reliability and resiliency of energy supplies in the United States in response to extreme weather events, power grid failures, or interruptions in the supply of fossil fuels; (5) use of local waste heat and renewable energy resources— (A) strengthens United States industrial competitiveness; (B) helps reduce reliance on fossil fuels and the associated emissions of air pollution and carbon dioxide; (C) increases energy supply resiliency and security; and (D) keeps more energy dollars in local economies, thereby creating jobs; (6) district energy systems represent a key opportunity to tap waste heat and renewable energy resources; (7) district energy systems are important for expanding implementation of combined heat and power (CHP) systems because district energy systems provide infrastructure for delivering thermal energy from a CHP system to a substantial base of end users; (8) district energy systems serve colleges, universities, hospitals, airports, military bases, and downtown areas; (9) district energy systems help cut peak power demand and reduce power transmission and distribution system constraints by— (A) shifting power demand through thermal storage; (B) generating power near load centers with a CHP system; and (C) meeting air conditioning demand through the delivery of chilled water produced with heat generated by a CHP system or other energy sources; (10) evaluation and implementation of district energy systems— (A) is a complex undertaking involving a variety of technical, economic, legal, and institutional issues and barriers; and (B) often requires technical assistance to successfully navigate these barriers; and (11) a major constraint to the use of local waste heat and renewable energy resources is a lack of low-interest, long-term capital funding for implementation. (b) Purposes The purposes of this Act are— (1) to encourage the use and distribution of waste heat and renewable thermal energy— (A) to reduce fossil fuel consumption; (B) to enhance energy supply resiliency, reliability, and security; (C) to reduce air pollution and greenhouse gas emissions; (D) to strengthen industrial competitiveness; and (E) to retain more energy dollars in local economies; and (2) to facilitate the implementation of a local energy infrastructure that accomplishes the goals described in paragraph (1) by— (A) providing technical assistance to evaluate, design, and develop projects to build local energy infrastructure; and (B) facilitating low-cost financing for the construction of local energy infrastructure through the issuance of loan guarantees. 3. Definitions (1) Combined heat and power system The term combined heat and power system CHP system (2) District energy system The term district energy system (3) Loan guarantee program The term Loan Guarantee Program (4) Local energy infrastructure The term local energy infrastructure (A) recovers or produces useful thermal or electric energy from waste energy or renewable energy resources; (B) generates electricity using a combined heat and power system; (C) distributes electricity in microgrids; (D) stores thermal energy; or (E) distributes thermal energy or transfers thermal energy to building heating and cooling systems via a district energy system. (5) Microgrid The term microgrid (A) acts as a single controllable entity with respect to the grid; and (B) can connect and disconnect from the grid to enable the microgrid to operate in both grid-connected or island-mode. (6) Renewable energy resource The term renewable energy resource (A) closed-loop and open-loop biomass (as defined in paragraphs (2) and (3), respectively, of section 45(c) (B) gaseous or liquid fuels produced from the materials described in subparagraph (A); (C) geothermal energy (as defined in section 45(c)(4) of such Code); (D) municipal solid waste (as defined in section 45(c)(6) of such Code); or (E) solar energy (which is used, undefined, in section 45 of such Code). (7) Renewable thermal energy The term renewable thermal energy (A) heating or cooling energy derived from a renewable energy resource; (B) natural sources of cooling such as cold lake or ocean water; or (C) other renewable thermal energy sources, as determined by the Secretary. (8) Secretary The term Secretary (9) Thermal energy The term thermal energy (A) heating energy in the form of hot water or steam that is used to provide space heating, domestic hot water, or process heat; or (B) cooling energy in the form of chilled water, ice or other media that is used to provide air conditioning, or process cooling. (10) Waste energy The term waste energy (A) is contained in— (i) exhaust gases, exhaust steam, condenser water, jacket cooling heat, or lubricating oil in power generation systems; (ii) exhaust heat, hot liquids, or flared gas from any industrial process; (iii) waste gas or industrial tail gas that would otherwise be flared, incinerated, or vented; (iv) a pressure drop in any gas, excluding any pressure drop to a condenser that subsequently vents the resulting heat; (v) condenser water from chilled water or refrigeration plants; or (vi) any other form of waste energy, as determined by the Secretary; and (B) (i) in the case of an existing facility, is not being used; or (ii) in the case of a new facility, is not conventionally used in comparable systems. 4. Technical assistance program (a) Establishment (1) In general The Secretary shall establish a program to disseminate information and provide technical assistance, directly or through grants provided so that recipients may contract to obtain technical assistance, to assist eligible entities in identifying, evaluating, planning, and designing local energy infrastructure. (2) Technical assistance The technical assistance under paragraph (1) shall include assistance with 1 or more of the following: (A) Identification of opportunities to use waste energy or renewable energy resources. (B) Assessment of technical and economic characteristics. (C) Utility interconnection. (D) Negotiation of power and fuel contracts. (E) Permitting and siting issues. (F) Marketing and contract negotiations. (G) Business planning and financial analysis. (H) Engineering design. (3) Information dissemination The information dissemination under paragraph (1) shall include— (A) information relating to the topics identified in paragraph (2), including case studies of successful examples; and (B) computer software for assessment, design, and operation and maintenance of local energy infrastructure. (b) Eligible entity Any nonprofit or for-profit entity shall be eligible to receive assistance under the program established under subsection (a). (c) Eligible costs On application by an eligible entity, the Secretary may award grants to an eligible entity to provide funds to cover not more than— (1) 100 percent of the cost of initial assessment to identify local energy opportunities; (2) 75 percent of the cost of feasibility studies to assess the potential for the implementation of local energy infrastructure; (3) 60 percent of the cost of guidance on overcoming barriers to the implementation of local energy infrastructure, including financial, contracting, siting, and permitting issues; and (4) 45 percent of the cost of detailed engineering of local energy infrastructure. (d) Applications (1) In general An eligible entity desiring technical assistance 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 under the rules and procedures adopted under subsection (f). (2) Application process The Secretary shall seek applications for technical assistance under this section— (A) on a competitive basis; and (B) on a periodic basis, but not less frequently than once every 12 months. (e) Priorities In evaluating projects, the Secretary shall give priority to projects that have the greatest potential for— (1) maximizing elimination of fossil fuel use; (2) strengthening the reliability of local energy supplies and boosting the resiliency of energy infrastructure to the impact of extreme weather events, power grid failures, and interruptions in supply of fossil fuels; (3) minimizing environmental impact, including regulated air pollutants, greenhouse gas emissions, and use of ozone-depleting refrigerants; (4) facilitating use of renewable energy resources; (5) increasing industrial competitiveness; and (6) maximizing local job creation. (f) Rules and procedures Not later than 180 days after the date of enactment of this Act, the Secretary shall adopt rules and procedures for the administration of the program established under this section, consistent with the provisions of this Act. (g) Authorization of appropriations There is authorized to be appropriated to carry out this section $150,000,000 for the period of fiscal years 2014 through 2018, to remain available until expended. 5. Loan guarantees for local energy infrastructure (a) Local energy infrastructure loan guarantee program (1) In general Title XVII of the Energy Policy Act of 2005 (42 U.S.C. 16511 et seq.) is amended by adding at the end the following: 1706. Local energy infrastructure loan guarantee program (a) In general The Secretary may make guarantees under this section for commercial or innovative projects defined as local energy infrastructure Local Energy Supply and Resiliency Act of 2013 (b) Modification of existing authority The Secretary shall reserve $4,000,000,000 of the loan guarantee authority remaining under section 1703 to provide loan guarantees under this section. (c) Use of other appropriated funds To the maximum extent practicable, the Secretary shall use funds appropriated to carry out section 1703 that remain unobligated as of the date of enactment of this section for the cost of loan guarantees under this section. . (2) Table of contents amendment The table of contents for the Energy Policy Act of 2005 ( 42 U.S.C. 15801 et seq. Sec. 1706. Local energy infrastructure loan guarantee program. . 6. Definition of investment area Section 103(16) of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4702(16) (1) in subparagraph (A)(ii), by striking or (2) in subparagraph (B), by striking the period at the end and inserting ; or (3) by adding at the end the following: (C) has the potential for implementation of local energy infrastructure as defined in the Local Energy Supply and Resiliency Act of 2013 .

Local Energy Supply and Resiliency Act of 2013

Amends the Energy Independence and Security Act of 2007 to revise exceptions to the requirement that federal agencies must lease space in buildings that have earned the Energy Star label. Requires a space leased by an agency in a building that has not earned the Energy Star label to be benchmarked under a nationally recognized, online, free benchmarking program, with public disclosure. Exempts from such requirement a space for which owners cannot access whole building utility consumption data. Requires an agency that is a tenant of a space that has not earned such label to provide to a building owner, or authorize the owner to obtain from the utility, the energy consumption information of the space for the benchmarking and disclosure requirements. Requires the Secretary of Energy (DOE) to study and report on: (1) the impact of state and local performance benchmarking and disclosure policies, and any associated building efficiency policies, for commercial and multifamily buildings and the impact of programs and systems in which utilities provide aggregated information regarding whole building energy consumption and usage information to owners of multitenant commercial, residential, and mixed-use buildings; and (2) best practice policy approaches that have resulted in the greatest improvements in building energy efficiency. Requires the Secretary to modify and maintain existing databases or create and maintain a new database platform to store and make publicly available energy-related information on commercial and multifamily buildings. Authorizes the Secretary to make awards to utilities, utility regulators, and utility partners to develop and implement programs to provide aggregated whole building energy consumption information to multitenant building owners.

To encourage benchmarking and disclosure of energy information for commercial buildings. 1. Energy information for commercial buildings (a) Requirement of benchmarking and disclosure for leasing buildings without energy star labels Section 435(b)(2) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17091(b)(2) (1) by striking paragraph (2) paragraph (1) (2) by striking signing the contract, signing the contract, the following requirements are met: (A) The space is renovated for all energy efficiency and conservation improvements that would be cost effective over the life of the lease, including improvements in lighting, windows, and heating, ventilation, and air conditioning systems. (B) (i) Subject to clause (ii), the space is benchmarked under a nationally recognized, online, free benchmarking program, with public disclosure, unless the space is a space for which owners cannot access whole building utility consumption data, including spaces— (I) that are located in States with privacy laws that provide that utilities shall not provide such aggregated information to multitenant building owners; and (II) for which tenants do not provide energy consumption information to the commercial building owner in response to a request from the building owner. (ii) A Federal agency that is a tenant of the space shall provide to the building owner, or authorize the owner to obtain from the utility, the energy consumption information of the space for the benchmarking and disclosure required by this subparagraph. . (b) Department of Energy study (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall complete a study, with opportunity for public comment— (A) on the impact of— (i) State and local performance benchmarking and disclosure policies, and any associated building efficiency policies, for commercial and multifamily buildings; and (ii) programs and systems in which utilities provide aggregated information regarding whole building energy consumption and usage information to owners of multitenant commercial, residential, and mixed-use buildings; (B) that identifies best practice policy approaches studied under subparagraph (A) that have resulted in the greatest improvements in building energy efficiency; and (C) that considers— (i) compliance rates and the benefits and costs of the policies and programs on building owners, utilities, tenants, and other parties; (ii) utility practices, programs, and systems that provide aggregated energy consumption information to multitenant building owners, and the impact of public utility commissions and State privacy laws on those practices, programs, and systems; (iii) exceptions to compliance in existing laws where building owners are not able to gather or access whole building energy information from tenants or utilities; (iv) the treatment of buildings with— (I) multiple uses; (II) uses for which baseline information is not available; and (III) uses that require high levels of energy intensities, such as data centers, trading floors, and televisions studios; (v) implementation practices, including disclosure methods and phase-in of compliance; (vi) the safety and security of benchmarking tools offered by government agencies, and the resiliency of those tools against cyber-attacks; and (vii) international experiences with regard to building benchmarking and disclosure laws and data aggregation for multitenant buildings. (2) Submission to Congress At the conclusion of the study, the Secretary shall submit to Congress a report on the results of the study. (c) Creation and maintenance of databases (1) In general Not later than 18 months after the date of enactment of this Act and following opportunity for public notice and comment, the Secretary, in coordination with other relevant agencies shall, to carry out the purpose described in paragraph (2)— (A) assess existing databases; and (B) as necessary— (i) modify and maintain existing databases; or (ii) create and maintain a new database platform. (2) Purpose The maintenance of existing databases or creation of a new database platform under paragraph (1) shall be for the purpose of storing and making available public energy-related information on commercial and multifamily buildings, including— (A) data provided under Federal, State, local, and other laws or programs regarding building benchmarking and energy information disclosure; (B) buildings that have received energy ratings and certifications; and (C) energy-related information on buildings provided voluntarily by the owners of the buildings, in an anonymous form, unless the owner provides otherwise. (d) Competitive awards Based on the results of the research for the portion of the study described in subsection (b)(1)(A)(ii), and with criteria developed following public notice and comment, the Secretary may make competitive awards to utilities, utility regulators, and utility partners to develop and implement effective and promising programs to provide aggregated whole building energy consumption information to multitenant building owners. (e) Input from stakeholders The Secretary shall seek input from stakeholders to maximize the effectiveness of the actions taken under this section. (f) Report Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary shall submit to Congress a report on the progress made in complying with this section. (g) Authorization of appropriations There is authorized to be appropriated to carry out subsection (b) $2,500,000 for each of fiscal years 2014 through 2018, to remain available until expended.

A bill to encourage benchmarking and disclosure of energy information for commercial buildings.

Cameras in the Courtroom Act - Requires the Supreme Court to permit television coverage of all open sessions of the Court unless it decides by majority vote that allowing such coverage in a particular case would violate the due process rights of any of the parties involved.

To permit the televising of Supreme Court proceedings. 1. Short title This Act may be cited as the Cameras in the Courtroom Act 2. Amendment to title 28 (a) In general Chapter 45 678. Televising Supreme Court proceedings The Supreme Court shall permit television coverage of all open sessions of the Court unless the Court decides, by a vote of the majority of justices, that allowing such coverage in a particular case would constitute a violation of the due process rights of 1 or more of the parties before the Court. . (b) Clerical amendment The chapter analysis for chapter 45 of title 28, United States Code, is amended by inserting at the end the following: 678. Televising Supreme Court proceedings. .

Cameras in the Courtroom Act

Consumer Rental Purchase Agreement Act - Prescribes consumer protection guidelines for rental-purchase transactions, including: (1) the determination of rental-purchase cost and a payment schedule; (2) disclosure requirements; (3) prohibitions against confessions of judgment, wage assignments, waiver of consumer legal claims or remedies, and other specified provisions; (4) furnishing of statements of account; (5) point-of-rental disclosures; and (6) clear and conspicuous rental-purchase advertising disclosures. Shields "rental-purchase agreements" from laws regulating: (1) a credit sale and a consumer lease as defined in the Truth in Lending Act, or (2) an extension of credit or a transaction giving rise to a debt incurred in connection with the purchase of a thing of value. Exempts from jurisdiction of this Act rental-purchase agreements primarily for business, commercial, or agricultural purposes, or those made with government agencies or instrumentalities. Declares that the consumer shall acquire ownership of a property that is the subject of the rental-purchase agreement, and the rental-purchase agreement shall terminate, upon the consumer's compliance with specified total cost payment requirements, or any early payment option provided in the rental purchase agreement, and upon payment of any past due payments and fees. Grants enforcement powers to the Federal Trade Commission (FTC) and requires violations of this Act to be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act. Provides that a term or provision of state law is not inconsistent with this Act if it affords greater protection and benefit to the consumer than is provided under this Act as determined by the FTC, on its own motion or upon the petition of any interested party. Declares this Act to supersede state law to the extent that such law: (1) regulates a rental-purchase agreement as a security interest, credit sale, retail installment sale, conditional sale or any other form of consumer credit, or that imputes to a rental-purchase agreement the creation of a debt or extension of credit; or (2) requires the disclosure of a percentage rate calculation, including a time-price differential, an annual percentage rate, or an effective annual percentage rate. Shields from civil or criminal liability under this Act the United States and its agencies and any state, state agency, or state political subdivision.

To require meaningful disclosures of the terms of rental-purchase agreements, including disclosures of all costs to consumers under such agreements, to provide certain substantive rights to consumers under such agreements, and for other purposes. 1. Short title This Act may be cited as the Consumer Rental Purchase Agreement Act 2. Findings and declaration of purpose (a) Findings Congress finds that— (1) the rental-purchase industry provides a service that meets and satisfies the demands of many consumers; (2) each year, approximately 2,300,000 United States households enter into rental-purchase transactions, and over a 5-year period, approximately 4,900,000 United States households will do so; (3) competition among the various firms engaged in the extension of rental-purchase transactions would be strengthened by informed use of rental-purchase transactions; and (4) the informed use of rental-purchase transactions results from an awareness of the cost thereof by consumers. (b) Purpose The purpose of this Act is to ensure the availability of rental-purchase transactions and to ensure simple, meaningful, and consistent disclosure of rental-purchase terms so that consumers will be able to more readily compare the available rental-purchase terms and avoid uninformed use of rental-purchase transactions, and to protect consumers against unfair rental-purchase practices. 3. Definitions For purposes of this Act, the following definitions shall apply: (1) Advertisement The term advertisement (A) a commercial message in any medium that promotes, directly or indirectly, a rental-purchase agreement; and (B) does not include any price tag, window sign, or other in-store merchandising aid. (2) Agricultural purpose The term agricultural purpose (A) the production, harvest, exhibition, marketing, transformation, processing, or manufacture of agricultural products by a natural person who cultivates plants or propagates or nurtures agricultural products; and (B) the acquisition of farmlands, real property with a farm residence, or personal property and services used primarily in farming. (3) Cash price The term cash price (4) Commission The term Commission (5) Consumer The term consumer (6) Date of consummation The term date of consummation (7) Initial payment The term initial payment (A) the rental payment; (B) service, processing, or administrative charges; (C) any delivery fee; (D) any refundable security deposit; (E) taxes; (F) mandatory fees or charges; and (G) any optional fees or charges agreed to by the consumer. (8) Merchant The term merchant (9) Payment schedule The term payment schedule (10) Periodic payment The term periodic payment (11) Property The term property (12) Rental payment The term rental payment (13) Rental period The term rental period (14) Rental-purchase agreement (A) In general The term rental-purchase agreement (B) Exclusions The term rental-purchase agreement (i) A credit sale (as defined in section 103(g) of the Truth in Lending Act (15 U.S.C. 1602(g))). (ii) A consumer lease (as defined in section 181(1) of the Truth in Lending Act (15 U.S.C. 1667(1))). (iii) An extension of credit or a transaction giving rise to a debt incurred in connection with the purchase of a thing of value. (15) Rental-purchase cost (A) In general For purposes of sections 1010 and 1011, the term rental-purchase cost (i) a service, processing, or administrative charge; (ii) a fee for an investigation or credit report; or (iii) a charge for delivery required by the merchant. (B) Excluded items The following fees or charges shall not be taken into account in determining the rental-purchase cost with respect to a rental-purchase transaction: (i) Fees and charges prescribed by law, which actually are or will be paid to public officials or government entities, such as sales tax. (ii) Fees and charges for optional products and services offered in connection with a rental-purchase agreement. (16) State The term State (17) Total cost The term total cost 4. Exempted transactions This Act shall not apply to rental-purchase agreements primarily for business, commercial, or agricultural purposes, or those made with Government agencies or instrumentalities. 5. General disclosure requirements (a) Recipient of disclosure A merchant shall disclose to any person who will be a signatory to a rental-purchase agreement the information required by sections 6 and 7. (b) Timing of disclosure The disclosures required under sections 6 and 7 shall be made— (1) before the consummation of the rental-purchase agreement; and (2) clearly and conspicuously, in writing, as part of the rental-purchase agreement to be signed by the consumer. (c) Clearly and conspicuously As used in this section, the term clearly and conspicuously 6. Rental-purchase disclosures (a) In general For each rental-purchase agreement, the merchant shall clearly and conspicuously disclose to the consumer, to the extent applicable— (1) the date of the consummation of the rental-purchase transaction and the identities of the merchant and the consumer; (2) a brief description of the rental property, which shall be sufficient to identify the property to the consumer, including an identification or serial number, if applicable, and a statement indicating whether the property is new or used at the time of the agreement; (3) a description of any fee, charge, or penalty, in addition to the periodic payment, that the consumer may be required to pay under the agreement, which shall be separately identified by type and amount; (4) a statement that— (A) the transaction is a rental-purchase agreement; and (B) the consumer will not obtain ownership of the property until the consumer has paid the total dollar amount necessary to acquire ownership; (5) the amount of any initial payment; (6) the amount of the cash price of the property that is the subject of the rental-purchase agreement, and, if the agreement involves the rental of 2 or more items as a set (as may be defined by the Commission, by regulation) a statement of the aggregate cash price of all items shall satisfy this requirement; (7) the payment schedule; (8) the total cost, using that term, and a brief description, such as This is the amount you will pay the merchant if you make all periodic payments to acquire ownership of the property. (9) a statement of the right of the consumer to terminate the agreement without paying any fee or charge not previously due under the agreement, by voluntarily surrendering or returning the property in good repair upon expiration of any rental period; (10) a description of the reinstatement periods of terminated rental-purchase agreements; and (11) substantially the following statement: OTHER IMPORTANT TERMS (b) Form of disclosure The disclosures required by paragraphs (4) through (12) of subsection (a)— (1) shall be segregated from other information at the beginning of the rental-purchase agreement; (2) shall contain only directly related information; and (3) shall be identified in boldface, upper-case letters as follows: IMPORTANT RENTAL-PURCHASE DISCLOSURES (c) Disclosure requirements relating to insurance premiums and liability waivers (1) In general The merchant shall clearly and conspicuously disclose in writing to the consumer before the consummation of a rental-purchase agreement that the purchase of leased property insurance or liability waiver coverage is not required as a condition for entering into the rental-purchase agreement. (2) Affirmative written request after cost disclosure A merchant may provide insurance or liability waiver coverage, directly or indirectly, in connection with a rental-purchase transaction only if— (A) the merchant clearly and conspicuously discloses to the consumer the cost of such coverage before the consummation of the rental-purchase agreement; and (B) the consumer signs an affirmative written request for such coverage after receiving the disclosures required under paragraph (1) and subparagraph (A) of this paragraph. (d) Accuracy of disclosure (1) In general The disclosures required to be made under subsection (a) shall be accurate as of the date on which the disclosures are made, based on the information available to the merchant. (2) Information subsequently rendered inaccurate If information required to be disclosed under subsection (a) is rendered inaccurate as a result of any agreement between the merchant and the consumer subsequent to the delivery of the required disclosures, the resulting inaccuracy shall not constitute a violation of this Act. 7. Other agreement provisions (a) In general Each rental-purchase agreement shall— (1) provide a statement specifying whether the merchant or the consumer is responsible for loss, theft, damage, or destruction of the property; (2) provide a statement specifying whether the merchant or the consumer is responsible for maintaining or servicing the property, together with a brief description of the responsibility; (3) contain a provision for reinstatement of the agreement, which, at a minimum— (A) permits a consumer who fails to make a timely rental payment to reinstate the agreement, without losing any rights or options which exist under the agreement, by the payment of all past due rental payments and any other charges then due under the agreement and a payment for the next rental period— (i) within 7 business days after failing to make a timely rental payment, if the consumer pays monthly; or (ii) within 3 business days after failing to make a timely rental payment, if the consumer pays more frequently than monthly; (B) if the consumer returns or voluntarily surrenders the property covered by the agreement, other than through judicial process, during the applicable reinstatement period set forth in subparagraph (A), permits the consumer to reinstate the agreement during a period of at least 60 days after the date of the return or surrender of the property by the payment of all amounts previously due under the agreement, any applicable fees, and a payment for the next rental period; (C) if the consumer has paid 50 percent or more of the total cost necessary to acquire ownership and returns or voluntarily surrenders the property, other than through judicial process, during the applicable reinstatement period set forth in subparagraph (A), permits the consumer to reinstate the agreement during a period of at least 120 days after the date of the return of the property by the payment of all amounts previously due under the agreement, any applicable fees, and a payment for the next rental period; (D) if the consumer is a member of the Armed Forces and returns or voluntarily surrenders property as set forth in subparagraph (A) due to a permanent change of station or other relocation of the member, provides that the applicable reinstatement period set forth in subparagraph (B) or (C) be tolled or otherwise suspended until such time as the consumer returns to the area where the property is located; and (E) permits the consumer, upon reinstatement of the agreement to receive the same property, if available, that was the subject of the rental-purchase agreement, or if the same property is not available, a substitute item of comparable quality and condition may be provided to the consumer, except that, the Commission may, by regulation or order, exempt any independent small business (as defined by the Commission, by regulation) from the requirement of providing the same or comparable product during the extended reinstatement period provided in subparagraph (C), if the Commission determines, taking into account such standards as the Commission determines to be appropriate, that the reinstatement right provided in such subparagraph would provide excessive hardship for such independent small business; (4) provide a statement specifying the terms under which the consumer shall acquire ownership of the property that is the subject of the rental-purchase agreement, either by payment of the total cost to acquire ownership, as provided in section 8, or by exercise of any early purchase option provided in the rental-purchase agreement; (5) provide a statement disclosing that if any part of an express warranty of the manufacturer covers the property at the time the consumer acquires ownership of the property, the warranty will be transferred to the consumer, if allowed by the terms of the warranty; and (6) provide, to the extent applicable, a description of— (A) any grace period for making any periodic payment; (B) the amount of any security deposit, to be paid by the consumer upon initiation of the rental-purchase agreement; and (C) the terms for refund of such security deposit to the consumer upon return, surrender, or purchase of the property. (b) Repossession during reinstatement period Subsection (a)(3) may not be construed so as to prevent a merchant from attempting to repossess property during the reinstatement period pursuant to subsection (a)(3)(A), but such a repossession does not affect the consumer’s right to reinstate in accordance with this Act. 8. Right to acquire ownership (a) In general The consumer shall acquire ownership of the property that is the subject of a rental-purchase agreement, and the rental-purchase agreement shall terminate, upon compliance by the consumer with the requirements of subsection (b) or any early payment option provided in the rental-purchase agreement, and upon payment of any past due payments and fees, as permitted in regulation by the Commission. (b) Payment of total cost The consumer shall acquire ownership of the rental property upon payment of the total cost of the subject rental-purchase agreement, as disclosed to the consumer in the rental-purchase agreement pursuant to section 6(a). (c) Additional fees prohibited (1) In general A merchant shall not require the consumer to pay, as a condition for acquiring ownership of the property that is the subject of a rental-purchase agreement, any fee or charge in addition to, or in excess of, the regular periodic payments required by subsection (b), or any early purchase option amount provided in the rental-purchase agreement, as applicable. (2) Rule of construction A requirement that the consumer pay an unpaid late charge or other fee that is past due shall not constitute an additional fee or charge for purposes of this subsection. (d) Transfer of ownership rights Upon payment by the consumer of all payments necessary to acquire ownership under subsection (b) or any early purchase option amount provided in the rental-purchase agreement, as appropriate, the merchant shall— (1) deliver to the consumer, or mail to the consumer’s last known address, such documents or other instruments, which the Commission has determined, by regulation, are necessary to acknowledge full ownership by the consumer of the property acquired pursuant to the rental-purchase agreement; and (2) transfer to the consumer the unexpired portion of any warranties provided by the manufacturer, distributor, or seller of the property, which shall apply as if the consumer were the original purchaser of the property, except where such transfer is prohibited by the terms of the warranty. 9. Prohibited provisions A rental-purchase agreement may not contain— (1) a confession of judgment; (2) a negotiable instrument; (3) a security interest or any other claim of a property interest in any goods, except those goods, the use of which is provided by the merchant pursuant to the rental-purchase agreement; (4) a wage assignment; (5) a provision requiring the waiver of any legal claim or remedy created by this Act or other provision of Federal or State law; (6) a provision requiring the consumer, in the event that the property subject to the rental-purchase agreement is lost, stolen, damaged, or destroyed, to pay an amount in excess of the least of— (A) the fair market value of the property, as determined by the Commission, by regulation; (B) any early purchase option amount provided in the rental-purchase agreement; or (C) the actual cost of repair, as appropriate; (7) a provision authorizing the merchant, or a person acting on behalf of the merchant— (A) to enter the consumer’s dwelling or other premises without obtaining the consumer’s consent; or (B) to commit any breach of the peace in connection with the repossession of the rental property or the collection of any obligation or alleged obligation of the consumer arising out of the rental-purchase agreement; (8) a provision requiring the purchase of insurance or liability damage waiver to cover the property that is the subject of the rental-purchase agreement, except as permitted by the Commission, by regulation; or (9) a provision requiring the consumer to pay more than 1 late fee or charge for an unpaid or delinquent periodic payment, regardless of the period in which the payment remains unpaid or delinquent, or to pay a late fee or charge for any periodic payment because a previously assessed late fee has not been paid in full. 10. Statement of accounts Upon request of a consumer, a merchant shall provide a statement of the consumer’s account. If a consumer requests a statement for an individual account more than 4 times in any 12-month period, the merchant may charge a reasonable fee for the additional statements. 11. Renegotiations and extensions (a) Renegotiations With respect to any rental-purchase agreement, a renegotiation occurs when the agreement is satisfied and replaced by a new agreement undertaken by the same consumer. A renegotiation requires new disclosures in accordance with this Act, except as provided in subsection (c). (b) Extensions With respect to any rental-purchase agreement, an extension is an agreement by the consumer and the merchant, to continue an existing rental-purchase agreement beyond the original end of the payment schedule, but does not include a continuation that is the result of a renegotiation. (c) Exceptions New disclosures under this Act are not required in connection with a rental-purchase agreement for the following events, even if the event meets the definition of a renegotiation or an extension: (1) A reduction in payments. (2) A deferment of 1 or more payments. (3) The extension of a rental-purchase agreement. (4) The substitution of property with property that has a substantially equivalent or greater economic value, provided the rental-purchase cost does not increase. (5) The deletion of property in a multiple-item agreement. (6) A change in rental period, provided the rental-purchase cost does not increase. (7) An agreement resulting from a court proceeding. (8) Any other event described in regulations prescribed by the Commission. 12. Point-of-rental disclosures (a) In general For any item of property or set of items displayed or offered for rental-purchase, the merchant shall display on or next to the item or set of items a card, tag, or label that clearly and conspicuously discloses— (1) a brief description of the property; (2) whether the property is new or used; (3) the cash price of the property; (4) the amount of each rental payment; (5) the total number of rental payments necessary to acquire ownership of the property; and (6) the rental-purchase cost. (b) Form of disclosure (1) In general A merchant may make the disclosures required by subsection (a) in the form of a list, catalog, or electronic facsimile of the card, tag, or label which is readily available to the consumer at the point of rental if the merchandise is not displayed in the merchant’s showroom or if displaying a card, tag, or label would be impractical due to the size of the merchandise. (2) Clearly and conspicuously As used in this section, the term clearly and conspicuously 13. Rental-purchase advertising (a) In general If an advertisement for a rental-purchase transaction refers to or states the amount of any payment for any specific item or set of items, the merchant making the advertisement shall also clearly and conspicuously state in the advertisement, for the item or set of items advertised— (1) that the transaction advertised is a rental-purchase agreement; (2) the amount, timing, and total number of rental payments necessary to acquire ownership under the rental-purchase agreement; (3) the amount of the rental-purchase cost; (4) that, to acquire ownership of the property, the consumer must pay the rental-purchase cost plus applicable taxes; and (5) whether the stated payment amount and advertised rental-purchase cost is for new or used property. (b) Prohibition An advertisement for a rental-purchase agreement shall not state or imply that a specific item or set of items is available at specific amounts or terms, unless the merchant usually and customarily offers, or will offer, the item or set of items at the stated amounts or terms. (c) Clearly and conspicuously (1) In general For purposes of this section, the term clearly and conspicuously (2) Regulatory guidance The Commission shall prescribe regulations on principles and factors to meet the clear and conspicuous standard, as appropriate to print, video, audio, and computerized advertising, reflecting the principles and factors typically applied in each such medium by the Commission. (3) Limitation Nothing contrary to, inconsistent with, or in mitigation of, the disclosures required by this section shall be used in any advertisement in any medium, and no audio, video, or print technique shall be used that is likely to obscure or detract significantly from the communication of the disclosures. 14. Enforcement by Commission (a) Unfair or deceptive acts or practices A violation of a provision of this Act or a rule or regulation prescribed pursuant to this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice described under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Powers of Commission (1) In general Except as provided in paragraph (3), the Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (2) Privileges and immunities Except as provided in paragraph (3), any person who violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). 15. Regulations (a) In general (1) Commission action The Commission shall prescribe regulations as necessary to carry out this Act. (2) Content Regulations required by this subsection may contain such additional requirements, classifications, differentiations, or other provisions, and may provide for such adjustments and exceptions for all or any class of transactions, as in the judgment of the Commission are necessary or proper to effectuate the purposes of this Act, to prevent circumvention or evasion thereof, or to facilitate compliance therewith. (b) Model disclosure forms (1) In general The Commission may publish model disclosure forms and clauses for common rental-purchase agreements to facilitate compliance with the disclosure requirements of this Act and to aid the consumer in understanding the transaction by utilizing readily understandable language to simplify the technical nature of the disclosures. (2) Considerations In devising model forms under this subsection, the Commission shall consider the use by merchants of data processing or similar automated equipment. (3) Voluntary use of model forms Nothing in this Act may be construed to require a merchant to use any model form or clause prescribed by the Commission under this section. (4) Presumption A merchant shall be deemed to be in compliance with the requirement to provide disclosure under section 5(a), if the merchant— (A) uses any appropriate model form or clause as published by the Commission under this section; or (B) uses any such model form or clause and changes it by— (i) deleting any information which is not required by this Act; or (ii) rearranging the format, if in making such deletion or rearranging the format, the merchant does not affect the substance, clarity, or meaningful sequence of the disclosure. 16. Effective date of regulations (a) In general Any regulation prescribed by the Commission under this Act, or any amendment or interpretation thereof, shall not be effective before the October 1 that follows the date of publication of the regulation in final form by at least 6 months. (b) Authority To extend time The Commission may, at its discretion— (1) lengthen the period of time described in subsection (a) to permit merchants to adjust to accommodate new requirements; or (2) shorten that period of time, if the Commission makes a specific finding that such action is necessary to comply with the findings of a court or to prevent unfair or deceptive practices. (c) Early compliance authorized Notwithstanding the time periods established under subsection (a) or (b), a merchant may comply with any newly prescribed disclosure requirement prior to such established date. 17. Relation to other laws (a) Relation to State law (1) No effect on consistent State laws Except as provided in subsection (b), this Act does not annul, alter, or affect in any manner the meaning, scope, or applicability of the laws of any State relating to rental-purchase agreements, except to the extent that those laws are inconsistent with any provision of this Act, and then only to the extent of the inconsistency. (2) Determination of inconsistency Upon its own motion or upon the request of an interested party, which is submitted in accordance with procedures prescribed in regulations of the Commission, the Commission shall determine whether any such inconsistency exists. If the Commission determines that a term or provision, of a State law is inconsistent, merchants located in that State need not follow such term or provision and shall incur no liability under the law of that State for failure to follow such term or provision, notwithstanding that such determination is subsequently amended, rescinded, or determined by judicial or other authority to be invalid for any reason. (3) Greater protection under State law Except as provided in subsection (b), for purposes of this section, a term or provision of a State law is not inconsistent with the provisions of this Act if the term or provision affords greater protection and benefit to the consumer than the protection and benefit provided under this Act, as determined by the Commission, on its own motion or upon the petition of any interested party. (b) State laws relating to characterization of transaction Notwithstanding subsection (a), this Act shall supersede any provision of State law, to the extent that such law— (1) regulates a rental-purchase agreement as a security interest, credit sale, retail installment sale, conditional sale or any other form of consumer credit, or that imputes to a rental-purchase agreement the creation of a debt or extension of credit; or (2) requires the disclosure of a percentage rate calculation, including a time-price differential, an annual percentage rate, or an effective annual percentage rate. (c) Relation to Federal Trade Commission Act No provision of this Act shall be construed as limiting, superseding, or otherwise affecting the applicability of the Federal Trade Commission Act 18. Effect on Government agencies No civil liability or criminal penalty under this Act may be imposed on the United States or any of its departments or agencies, any State or political subdivision, or any agency of a State or political subdivision. 19. Compliance date Compliance with this Act and regulations issued under this Act is not required until 6 months after the date of enactment of this Act. In any case, merchants may comply with this Act at any time after such date of enactment.

Consumer Rental Purchase Agreement Act

State Energy Race to the Top Initiative Act of 2013 - Requires the Secretary of Energy (DOE) to establish a voluntary electric and thermal energy productivity challenge grant program to provide support to no more than 25 states for: (1) expanding industrial energy efficiency, combined heat and power, and waste heat-to-power utilization; (2) expanding policies and programs that will advance energy efficiency retrofits for commercial buildings, schools, hospitals, and residential buildings through expanded energy service performance contracts, zero net-energy buildings, or improved building energy efficiency codes; (3) establishing or expanding incentives in the electric utility sector to enhance demand response and energy efficiency; and (4) supporting state activities involving both facilities and vehicle fleets than can be a model for other action to promote energy efficiency. Requires a state to submit to the Secretary a revised state energy conservation plan under the Energy Policy and Conservation Act in order to receive a grant. Authorizes the Secretary to provide grants to no more than six states to provide additional funds for activities to assist energy policy innovation in the states and to promote the goal of doubling electric and thermal energy productivity by January 1, 2030. Authorizes grants to be given to public power utilities, electric cooperatives, and Indian tribes. Amends the Energy Independence and Security Act of 2007 to revoke the authorization of appropriations for FY2014-FY2017 for the Zero Net Energy Commercial Buildings Initiative.

To establish a State Energy Race to the Top Initiative to assist energy policy innovation in the States to promote the goal of doubling electric and thermal energy productivity by January 1, 2030. 1. Short title This Act may be cited as the State Energy Race to the Top Initiative Act of 2013 2. Purpose The purpose of this Act is to assist energy policy innovation in the States to promote the goal of doubling electric and thermal energy productivity by January 1, 2030. 3. Definitions In this Act: (1) Covered entity The term covered entity (A) a public power utility; (B) an electric cooperative; and (C) an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b (2) State The term State 42 U.S.C. 6202 4. Phase 1: Initial allocation of grants to States (a) In general Not later than 30 days after the date of enactment of this Act, the Secretary shall issue an invitation to States to submit plans to participate in an electric and thermal energy productivity challenge in accordance with this section. (b) Grants (1) In general Subject to section 7, the Secretary shall use funds made available under section 8(b)(1) to provide an initial allocation of grants to not more than 25 States. (2) Amount The amount of a grant provided to a State under this section shall be not less than $1,000,000 nor more than $3,500,000. (c) Submission of plans To receive a grant under this section, not later than 90 days after the date of issuance of the invitation under subsection (a), a State shall submit to the Secretary an application to receive the grant by submitting a revised State energy conservation plan under section 362 of the Energy Policy and Conservation Act ( 42 U.S.C. 6322 (d) Decision by Secretary (1) In general Not later than 90 days after the submission of revised State energy conservation plans under subsection (c), the Secretary shall make a final decision on the allocation of grants under this section. (2) Basis The Secretary shall base the decision of the Secretary under paragraph (1) on— (A) plans for improvement in electric and thermal energy productivity consistent with this Act; and (B) other factors determined appropriate by the Secretary, including geographic diversity. (3) Ranking The Secretary shall— (A) rank revised plans submitted under this section in order of the greatest to least likely contribution to improving energy productivity in a State; and (B) provide grants under this section in accordance with the ranking and the scale and scope of a plan. (e) Plan requirements A revised State energy conservation plan submitted under subsection (c) shall provide— (1) a description of the manner in which— (A) energy savings will be monitored and verified; (B) a statewide baseline of energy use and potential resources for calendar year 2010 will be established to measure improvements; (C) the plan will promote achievement of energy savings and demand reduction goals; (D) public and private sector investments in energy efficiency will be leveraged, including through banks, credit unions, and institutional investors; and (E) the plan will not cause cost-shifting among utility customer classes or negatively impact low-income populations; and (2) an assurance that— (A) the State energy office required to submit the plan and the State public service commission are cooperating and coordinating programs and activities under this Act; (B) the State is cooperating with local units of government to expand programs as appropriate; and (C) grants provided under this Act will be used to supplement and not supplant Federal, State, or ratepayer-funded programs or activities in existence on the date of enactment of this Act. (f) Uses A State may use grants provided under this section to promote— (1) the expansion of industrial energy efficiency, combined heat and power, and waste heat-to-power utilization; (2) the expansion of policies and programs that will advance energy efficiency retrofits for public and private commercial buildings, schools, hospitals, and residential buildings (including multifamily buildings) through expanded energy service performance contracts, zero net-energy buildings, or improved building energy efficiency codes; (3) the establishment or expansion of incentives in the electric utility sector to enhance demand response and energy efficiency, including consideration of additional incentives to promote the purposes of section 111(d) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2621(d) (4) leadership by example, in which State activities involving both facilities and vehicle fleets can be a model for other action to promote energy efficiency and can be expanded with Federal grants provided under this Act. 5. Phase 2: Subsequent allocation of grants to States (a) Reports Not later than 18 months after the receipt of grants under section 4, each State that received grants under section 4 may submit to the Secretary a report that describes— (1) the performance of the programs and activities carried out with the grants; and (2) the manner in which additional funds would be used to carry out programs and activities to promote the purposes of this Act. (b) Grants (1) In general Not later than 180 days after the date of the receipt of the reports required under subsection (a), subject to section 7, the Secretary shall use amounts made available under section 8(b)(2) to provide grants to not more than 6 States to carry out the programs and activities described in subsection (a)(2). (2) Amount The amount of a grant provided to a State under this section shall be not more than $30,000,000. (3) Basis The Secretary shall base the decision of the Secretary to provide grants under this section on— (A) the performance of the State in the programs and activities carried out with grants provided under section 4; (B) the potential of the programs and activities descried in subsection (a)(2) to achieve the purposes of this Act; (C) the desirability of maintaining a total project portfolio that is geographically and functionally diverse; and (D) the amount of non-Federal funds that are leveraged as a result of the grants to ensure that Federal dollars are leveraged effectively. 6. Allocation of grants to covered entities (a) In general Not later than 30 days after the date of enactment of this Act, the Secretary shall invite covered entities to submit plans to participate in an electric and thermal energy productivity challenge in accordance with this section. (b) Submission of plans To receive a grant under this section, not later than 90 days after the date of issuance of the invitation under subsection (a), a covered entity shall submit to the Secretary a plan to increase electric and thermal energy productivity by the covered entity. (c) Decision by Secretary (1) In general Not later than 90 days after the submission of plans under subsection (b), the Secretary shall make a final decision on the allocation of grants under this section. (2) Basis The Secretary shall base the decision of the Secretary under paragraph (1) on— (A) plans for improvement in electric and thermal energy productivity consistent with this Act; (B) plans for continuation of the improvements after the receipt of grants under this Act; and (C) other factors determined appropriate by the Secretary, including— (i) geographic diversity; (ii) size differences among covered entities; and (iii) equitable treatment of each sector under this section. 7. Administration (a) Independent evaluation To evaluate program performance and effectiveness under this Act, the Secretary shall consult with the National Research Council regarding requirements for data and evaluation for recipients of grants under this Act. (b) Coordination with State energy conservation programs (1) In general Grants to States under this Act shall be provided through additional funding to carry out State energy conservation programs under part D of title III of the Energy Policy and Conservation Act 42 U.S.C. 6321 et seq. (2) Relationship to State energy conservation programs (A) In general A grant provided to a State under this Act shall be used to supplement (and not supplant) funds provided to the State under part D of title III of the Energy Policy and Conservation Act 42 U.S.C. 6321 et seq. (B) Minimum funding A grant provided to a State shall not be provided to a State for a fiscal year under this Act if the amount of the grant provided to the State for the fiscal year under part D of title III of the Energy Policy and Conservation Act 42 U.S.C. 6321 et seq. (c) Voluntary participation The participation of a State or covered entity in a challenge established under this Act shall be voluntary. 8. Authorization of appropriations (a) In general There are authorized to be appropriated to carry out this Act $200,000,000 for fiscal years 2014 through 2017. (b) Allocation Of the total amount of funds made available under subsection(a)— (1) 30 percent shall be used to provide an initial allocation of grants to States under section 4; (2) 52 1/2 (3) 12 1/2 (4) 5 percent shall be available to the Secretary for the cost of administration and technical support to carry out this Act. 9. Offset Section 422(f) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17082(f) (1) in paragraph (4), by adding “and” after the semicolon at the end; and (2) by striking paragraph (5) through the period at the end of the subsection and inserting: (5) $0 for each of fiscal years 2014 through 2017. .

State Energy Race to the Top Initiative Act of 2013

Establishes the United States Advisory Council on Human Trafficking, which shall provide advice and recommendations to the Senior Policy Operating Group and the President's Task Force to Monitor and Combat Trafficking in Persons. Directs the Council to: (1) meet at least annually or at the request of the Group to review federal government policy and programs intended to combat human trafficking, (2) formulate assessments and recommendations to ensure that U.S. policy and programming efforts conform to best practices in the field of human trafficking prevention, (3) meet with the Group at least annually to formally present the Council's findings and recommendations, and (4) submit annual reports to the Task Force. Sunsets this Act on September 30, 2020.

To establish the United States Advisory Council on Human Trafficking to review Federal Government policy on human trafficking. 1. United States Advisory Council on Human Trafficking (a) Establishment There is established the United States Advisory Council on Human Trafficking (referred to in this section as the Council Group (b) Membership (1) Composition The Council shall be composed of not fewer than 8 individuals who are— (A) survivors of human trafficking; or (B) nongovernmental experts or professionals in the human trafficking field. (2) Equal representation To the extent practicable, the Council be comprised of an equal number of survivors and nongovernmental experts. (3) Appointment Not later than 180 days after the date of the enactment of this Act, the President shall appoint the members of the Council. (4) Term; reappointment Council members shall serve for terms of 2 years and may be reappointed by the President to serve additional 2-year terms. (c) Functions The Council shall— (1) be a nongovernmental advisory body to the Group; (2) meet, at its own discretion, not less frequently than annually or at the request of the Group to review Federal Government policy and programs intended to combat human trafficking, including programs related to the provision of services for victims; (3) formulate assessments and recommendations to ensure that United States policy and programming efforts conform, to the extent practicable, to the best practices in the field of human trafficking prevention; and (4) meet with the Group not less frequently than annually to formally present the Council's findings and recommendations. (d) Reports Every year beginning after the date of the enactment of this Act, the Council shall submit a report to the chair of President’s Interagency Task Force to Monitor and Combat Trafficking that contains the findings derived from the reviews conducted pursuant to subsection (c)(2). (e) Employee status Members of the Council— (1) shall not be considered employees of the United States Government for any purpose; and (2) shall not receive compensation other than reimbursement of travel expenses and per diem allowance in accordance with section 5703 (f) Nonapplicability of FACA The Council shall not be subject to the requirements under the Federal Advisory Committee Act (5 U.S.C. App.). 2. Sunset This section shall cease to be effective on September 30, 2020.

A bill to establish the United States Advisory Council on Human Trafficking to review Federal Government policy on human trafficking.

Academic Partnerships Lead Us to Success Act or the A PLUS Act - Allows each state to submit to the Secretary of Education a declaration of intent, applicable for up to five years, permitting it to receive federal funds on a consolidated basis that would otherwise be directed toward specific programs furthering the stated purpose of title I (Improving the Academic Achievement of the Disadvantaged) of the Elementary and Secondary Education Act of 1965. Requires each declaration to be formulated by a combination of specified State Authorizing Officials or by referendum and to list the programs for which consolidated funding is requested. Allows states to use such funds for any educational purpose permitted by state law, but requires them to make certain assurances that they will use fiscal control and fund accounting procedures, abide by federal civil rights laws, and advance educational opportunities for the disadvantaged. Allows states to amend their declarations. Allows each declaration state to adopt new academic assessments and standards or apply those described under the Elementary and Secondary Education Act of 1965, but requires each state to have a single system of assessments and standards that includes student proficiency goals. Requires each declaration state to: (1) inform the public about its student achievement assessment system; (2) report annually on student progress toward the state's proficiency standards, disaggregating performance data by specified student groups; and (3) keep aggregate spending on elementary and secondary education at no less than 90% of such spending for the school year coinciding with this Act's enactment. Limits administrative expenses. Requires each declaration state to provide for the equitable participation of private school children and teachers in the activities assisted under its declaration of intent.

To allow a State to submit a declaration of intent to the Secretary of Education to combine certain funds to improve the academic achievement of students. 1. Short title; table of contents; purpose; definitions (a) Short title This Act may be cited as the “ Academic Partnerships Lead Us to Success Act A PLUS Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents; purpose; definitions. Sec. 2. Declaration of intent. Sec. 3. Transparency for results of public education. Sec. 4. Maintenance of funding levels spent by States on education. Sec. 5. Administrative expenses. Sec. 6. Equitable participation of private schools. (c) Purpose The purposes of this Act are as follows: (1) To give States and local communities maximum flexibility to determine how to improve academic achievement and implement education reforms. (2) To reduce the administrative costs and compliance burden of Federal education programs in order to focus Federal resources on improving academic achievement. (3) To ensure that States and communities are accountable to the public for advancing the academic achievement of all students, especially disadvantaged children. (d) Definitions (1) In general Except as otherwise provided, the terms used in this Act have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 et seq. (2) Other terms In this Act: (A) Accountability The term accountability (B) Declaration of intent The term declaration of intent (C) State The term State 20 U.S.C. 6332(e) (D) State authorizing officials The term State Authorizing Officials (i) The governor of the State. (ii) The highest elected education official of the State, if any. (iii) The legislature of the State. (E) State designated officer The term State Designated Officer 2. Declaration of intent (a) In general Each State is authorized to submit to the Secretary a declaration of intent permitting the State to receive Federal funds on a consolidated basis to manage the expenditure of such funds to advance the educational policy of the State. (b) Programs eligible for consolidation and permissible use of funds (1) Scope A State may choose to include within the scope of the State's declaration of intent any program for which Congress makes funds available to the State if the program is for a purpose described in the Elementary and Education Secondary Act of 1965 ( 20 U.S.C. 6301 (2) Uses of funds Funds made available to a State pursuant to a declaration of intent under this Act shall be used for any educational purpose permitted by State law of the State submitting a declaration of intent. (c) Contents of declaration Each declaration of intent shall contain— (1) a list of eligible programs that are subject to the declaration of intent; (2) an assurance that the submission of the declaration of intent has been authorized by the State Authorizing Officials, specifying the identity of the State Designated Officer; (3) the duration of the declaration of intent; (4) an assurance that the State will use fiscal control and fund accounting procedures; (5) an assurance that the State will meet the requirements of applicable Federal civil rights laws in carrying out the declaration of intent and in consolidating and using the funds under the declaration of intent; (6) an assurance that in implementing the declaration of intent the State will seek to advance educational opportunities for the disadvantaged; and (7) a description of the plan for maintaining direct accountability to parents and other citizens of the State. (d) Duration The duration of the declaration of intent shall not exceed 5 years. (e) Review and recognition by the secretary (1) In general The Secretary shall review the declaration of intent received from the State Designated Officer not more than 60 days after the date of receipt of such declaration, and shall recognize such declaration of intent unless the declaration of intent fails to meet the requirements under subsection (c). (2) Recognition by operation of law If the Secretary fails to take action within the time specified in paragraph (1), the declaration of intent, as submitted, shall be deemed to be approved. (f) Amendment to declaration of intent (1) In general The State Authorizing Officials may direct the State Designated Officer to submit amendments to a declaration of intent that is in effect. Such amendments shall be submitted to the Secretary and considered by the Secretary in accordance with subsection (e). (2) Amendments authorized A declaration of intent that is in effect may be amended to— (A) expand the scope of such declaration of intent to encompass additional eligible programs; (B) reduce the scope of such declaration of intent by excluding coverage of a Federal program included in the original declaration of intent; (C) modify the duration of such declaration of intent; or (D) such other modifications that the State Authorizing Officials deem appropriate. (3) Effective date The amendment shall specify an effective date. Such effective date shall provide adequate time to assure full compliance with Federal program requirements relating to an eligible program that has been removed from the coverage of the declaration of intent by the proposed amendment. (4) Treatment of program funds withdrawn from declaration of intent Beginning on the effective date of an amendment executed under paragraph (2)(B), each program requirement of each program removed from the declaration of intent shall apply to the State's use of funds made available under the program. 3. Transparency for results of public education (a) In general (1) Informing the public about Assessment and Proficiency Each State operating under a declaration of intent under this Act shall inform parents and the general public regarding the student achievement assessment system, demonstrating student progress relative to the State's determination of student proficiency, as described in paragraph (2), for the purpose of accountability. (2) Assessment and Standards Each State operating under a declaration of intent under this Act shall establish and implement a single system of academic standards and academic assessments, including the development of student proficiency goals. Such State may apply the academic assessments and standards described under section 1111 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 (b) Accountability system The State shall determine and establish an accountability system to ensure accountability under this Act. (c) Report on student progress Not later than 1 year after the effective date of the declaration of intent, and annually thereafter, a State shall disseminate widely to parents and the general public a report that describes student progress. The report shall include— (1) student performance data disaggregated in the same manner as data are disaggregated under section 1111(b)(3)(C)(xiii) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(3)(C)(xiii) (2) a description of how the State has used Federal funds to improve academic achievement, reduce achievement disparities between various student groups, and improve educational opportunities for the disadvantaged. 4. Maintenance of funding levels spent by States on education (a) In general For each State consolidating and using funds pursuant to a declaration of intent under this Act, for each school year of the declaration of intent, the aggregate amount of funds spent by the State on elementary and secondary education shall be not less than 90 percent of the aggregate amount of funds spent by the State on elementary and secondary education for the school year that coincides with the date of enactment of this Act. (b) Exception (1) State waiver claim The requirement of subsection (a) may be waived by the State Authorizing Officials if the State having a declaration of intent in effect makes a determination, supported by specific findings, that uncontrollable or exceptional circumstances, such as a natural disaster or extreme contraction of economic activity, preclude compliance for a specified period, which may be extended. Such determination shall be presented to the Secretary by the State Designated Officer. (2) Action by the Secretary The Secretary shall accept the State's waiver, as described in paragraph (1), if the State has presented evidence to support such waiver. The Secretary shall review the waiver received from the State Designated Officer not more than 60 days after the date of receipt. If the Secretary fails to take action within that time frame, the waiver, as submitted, shall be deemed to be approved. 5. Administrative expenses (a) In general Except as provided in subsection (b), the amount that a State with a declaration of intent may expend for administrative expenses shall be limited to 1 percent of the aggregate amount of Federal funds made available to the State through the eligible programs included within the scope of such declaration of intent. (b) States not consolidating funds under part A of title I If the declaration of intent does not include within its scope part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. 6. Equitable participation of private schools Each State consolidating and using funds pursuant to a declaration of intent under this Act shall provide for the participation of private school children and teachers in the activities assisted under the declaration of intent in the same manner as participation is provided to private school children and teachers under section 9501 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7881

A PLUS Act

Prohibits any person, except with written permission from the Secretary of Veterans Affairs, from using the phrases &quot;GI Bill&quot; and &quot;Post-9/11 GI Bill&quot; in connection with any promotion, goods, services, or commercial activity in a manner that reasonably and falsely suggests that such use is approved, endorsed, or authorized by the Department of Veterans Affairs (VA).

To amend title 38, United States Code, to prohibit the use of the phrases GI Bill and Post-9/11 GI Bill to give a false impression of approval or endorsement by the Department of Veterans Affairs. 1. Prohibitions relating to references to GI Bill and Post-9/11 GI Bill (a) In general Subchapter II of chapter 36 3697B. Prohibition relating to references to GI Bill and Post-9/11 GI Bill (a) Prohibition (1) No person may, except with the written permission of the Secretary, use the words and phrases covered by this subsection in connection with any promotion, goods, services, or commercial activity in a manner that reasonably and falsely suggests that such use is approved, endorsed, or authorized by the Department or any component thereof. (2) For purposes of this subsection, the words and phrases covered by this subsection are as follows: (A) GI Bill (B) Post-9/11 GI Bill (3) A determination that a use of one or more words and phrases covered by this subsection in connection with a promotion, goods, services, or commercial activity is not a violation of this subsection may not be made solely on the ground that such promotion, goods, services, or commercial activity includes a disclaimer of affiliation with the Department or any component thereof. (b) Enforcement by Attorney General (1) When any person is engaged or is about to engage in an act or practice which constitutes or will constitute conduct prohibited by subsection (a), the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. (2) Such court may, at any time before final determination, enter such restraining orders or prohibitions, or take such other action as is warranted, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought. . (b) Clerical amendment The table of sections at the beginning of chapter 36 of such title is amended by inserting after the item relating to section 3697A the following new item: 3697B. Prohibition relating to references to GI Bill and Post-9/11 GI Bill. .

A bill to amend title 38, United States Code, to prohibit the use of the phrases GI Bill and Post-9/11 GI Bill to give a false impression of approval or endorsement by the Department of Veterans Affairs.

Target Practice and Marksmanship Training Support Act - Amends the Pittman-Robertson Wildlife Restoration Act to: (1) authorize a state to pay up to 90% of the costs of acquiring land for, expanding, or constructing a public target range; (2) authorize a state to elect to allocate 10% of a specified amount apportioned to it from the federal aid to wildlife restoration fund for such costs; (3) limit the federal share of such costs under such Act to 90%; and (4) require amounts provided for such costs under such Act to remain available for expenditure and obligation for five fiscal years. Shields the United States from any civil action or claim for money damages for injury to or loss of property, personal injury, or death caused by an activity occurring at a public target range that is funded by the federal government pursuant to such Act or located on federal land, except to the extent provided under the Federal Tort Claims Act with respect to the exercise or performance of a discretionary function. Urges the Chief of the Forest Service and the Director of the Bureau of Land Management (BLM) to cooperate with state and local authorities and other entities to carry out waste removal and other activities on any federal land used as a public target range to encourage its continued use for target practice or marksmanship training.

To amend the Pittman-Robertson Wildlife Restoration Act to facilitate the establishment of additional or expanded public target ranges in certain States. 1. Short title This Act may be cited as the Target Practice and Marksmanship Training Support Act 2. Findings; purpose (a) Findings Congress finds that— (1) the use of firearms and archery equipment for target practice and marksmanship training activities on Federal land is allowed, except to the extent specific portions of that land have been closed to those activities; (2) in recent years preceding the date of enactment of this Act, portions of Federal land have been closed to target practice and marksmanship training for many reasons; (3) the availability of public target ranges on non-Federal land has been declining for a variety of reasons, including continued population growth and development near former ranges; (4) providing opportunities for target practice and marksmanship training at public target ranges on Federal and non-Federal land can help— (A) to promote enjoyment of shooting, recreational, and hunting activities; and (B) to ensure safe and convenient locations for those activities; (5) Federal law in effect on the date of enactment of this Act, including the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669 et seq. (6) it is in the public interest to provide increased Federal support to facilitate the construction or expansion of public target ranges. (b) Purpose The purpose of this Act is to facilitate the construction and expansion of public target ranges, including ranges on Federal land managed by the Forest Service and the Bureau of Land Management. 3. Definition of public target range In this Act, the term public target range (1) is identified by a governmental agency for recreational shooting; (2) is open to the public; (3) may be supervised; and (4) may accommodate archery or rifle, pistol, or shotgun shooting. 4. Amendments to Pittman-Robertson Wildlife Restoration Act (a) Definitions Section 2 of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669a (1) by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively; and (2) by inserting after paragraph (1) the following: (2) the term public target range (A) is identified by a governmental agency for recreational shooting; (B) is open to the public; (C) may be supervised; and (D) may accommodate archery or rifle, pistol, or shotgun shooting; . (b) Expenditures for management of wildlife areas and resources Section 8(b) of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669g(b) (1) by striking (b) Each State (b) Expenditures for management of wildlife areas and resources (1) In general Except as provided in paragraph (2), each State ; (2) in paragraph (1) (as so designated), by striking construction, operation, operation (3) in the second sentence, by striking The non-Federal share (3) Non-Federal share The non-Federal share ; (4) in the third sentence, by striking The Secretary (4) Regulations The Secretary ; and (5) by inserting after paragraph (1) (as designated by paragraph (1) of this subsection) the following: (2) Exception Notwithstanding the limitation described in paragraph (1), a State may pay up to 90 percent of the cost of acquiring land for, expanding, or constructing a public target range. . (c) Firearm and bow hunter education and safety program grants Section 10 of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669h–1 (1) in subsection (a), by adding at the end the following: (3) Allocation of additional amounts Of the amount apportioned to a State for any fiscal year under section 4(b), the State may elect to allocate not more than 10 percent, to be combined with the amount apportioned to the State under paragraph (1) for that fiscal year, for acquiring land for, expanding, or constructing a public target range. ; (2) by striking subsection (b) and inserting the following: (b) Cost sharing (1) In general Except as provided in paragraph (2), the Federal share of the cost of any activity carried out using a grant under this section shall not exceed 75 percent of the total cost of the activity. (2) Public target range construction or expansion The Federal share of the cost of acquiring land for, expanding, or constructing a public target range in a State on Federal or non-Federal land pursuant to this section or section 8(b) shall not exceed 90 percent of the cost of the activity. ; and (3) in subsection (c)(1)— (A) by striking Amounts made (A) In general Except as provided in subparagraph (B), amounts made ; and (B) by adding at the end the following: (B) Exception Amounts provided for acquiring land for, constructing, or expanding a public target range shall remain available for expenditure and obligation during the 5-fiscal-year period beginning on October 1 of the first fiscal year for which the amounts are made available. . 5. Limits on liability (a) Discretionary function For purposes of chapter 171 Federal Tort Claims Act (b) Civil action or claims Except to the extent provided in chapter 171 of title 28, United States Code, the United States shall not be subject to any civil action or claim for money damages for any injury to or loss of property, personal injury, or death caused by an activity occurring at a public target range that is— (1) funded in whole or in part by the Federal Government pursuant to the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.); or (2) located on Federal land. 6. Sense of Congress regarding cooperation It is the sense of Congress that, consistent with applicable laws and regulations, the Chief of the Forest Service and the Director of the Bureau of Land Management should cooperate with State and local authorities and other entities to carry out waste removal and other activities on any Federal land used as a public target range to encourage continued use of that land for target practice or marksmanship training.

Target Practice and Marksmanship Training Support Act

Weatherization Enhancement, and Local Energy Efficiency Investment and Accountability Act - Amends the Energy Conservation and Production Act to authorize appropriations for the Weatherization Assistance Program for low-income persons for FY2014-FY2018. Requires the Secretary of Energy (DOE) to make competitive grants to qualified tax-exempt charitable organizations for energy efficiency retrofit uses that include: energy efficiency audits, cost-effective retrofit, and related activities in different climatic regions of the United States; energy efficiency materials and supplies; organizational capacity for retrofit programs; energy efficiency, audit and retrofit training, and technical assistance; information to homeowners on proper maintenance and energy savings behaviors; quality control and improvement; data collection, measurement, and verification; program monitoring, oversight, evaluation, and reporting; management and administration; and labor and training activities. Requires contractors carrying weatherization with funds under the Act to be selected through a competitive bidding process and be accredited as specified by this Act. Requires organizations, in order to receive a grant, to use a crew chief who is certified or accredited as required by this Act. Requires the Secretary, beginning on October 1, 2015, to ensure that: (1) each retrofit for which weatherization assistance is provided meets minimum efficiency and quality of work standards established by the Secretary, (2) at least 10% of the dwelling units are randomly inspected by an accredited third party to ensure compliance with the standards, and (3) the standards meet or exceed the current industry standards for home performance work. Amends the Energy Policy and Conservation Act to extend the authorization for state energy conservation plans for FY2014-FY2018.

To reauthorize the weatherization and State energy programs, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Weatherization Enhancement, and Local Energy Efficiency Investment and Accountability Act (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I—Weatherization Assistance Program Sec. 101. Reauthorization of weatherization assistance program. Sec. 102. Grants for new, self-sustaining low-income, single-family and multifamily housing energy retrofit model programs to eligible multistate housing and energy nonprofit organizations. Sec. 103. Standards program. TITLE II—State Energy Programs Sec. 201. Reauthorization of State energy programs. 2. Findings Congress finds that— (1) the State energy program established under part D of title III of the Energy Policy and Conservation Act 42 U.S.C. 6321 et seq. SEP WAP (2) the SEP and the WAP have been reauthorized on a bipartisan basis over many years to address changing national, regional, and State circumstances and needs, especially through— (A) the Energy Policy and Conservation Act 42 U.S.C. 6201 et seq. (B) the Energy Conservation and Production Act ( 42 U.S.C. 6801 et seq. (C) the State Energy Efficiency Programs Improvement Act of 1990 ( Public Law 101–440 (D) the Energy Policy Act of 1992 ( 42 U.S.C. 13201 et seq. (E) the Energy Policy Act of 2005 ( 42 U.S.C. 15801 et seq. (F) the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17001 et seq. (3) the SEP, also known as the State energy conservation program (A) was first created in 1975 to implement a State-based, national program in support of energy efficiency, renewable energy, economic development, energy emergency preparedness, and energy policy; and (B) has come to operate in every sector of the economy in support of the private sector to improve productivity and has dramatically reduced the cost of government through energy savings at the State and local levels; (4) Federal laboratory studies have concluded that, for every Federal dollar invested through the SEP, more than $7 is saved in energy costs and almost $11 in non-Federal funds is leveraged; (5) the WAP— (A) was first created in 1976 to assist low-income families in response to the first oil embargo; (B) has become the largest residential energy conservation program in the United States, with more than 7,100,000 homes weatherized since the WAP was created; (C) saves an estimated 35 percent of consumption in the typical weatherized home, yielding average annual savings of $437 per year in home energy costs; (D) has created thousands of jobs in both the construction sector and in the supply chain of materials suppliers, vendors, and manufacturers who supply the WAP; (E) returns $2.51 in energy savings for every Federal dollar spent in energy and nonenergy benefits over the life of weatherized homes; (F) serves as a foundation for residential energy efficiency retrofit standards, technical skills, and workforce training for the emerging broader market and reduces residential and power plant emissions of carbon dioxide by 2.65 metric tons each year per home; and (G) has decreased national energy consumption by the equivalent of 24,100,000 barrels of oil annually; (6) the WAP can be enhanced with the addition of a targeted portion of Federal funds through an innovative program that supports projects performed by qualified nonprofit organizations that have a demonstrated capacity to build, renovate, repair, or improve the energy efficiency of a significant number of low-income homes; (7) the WAP has increased energy efficiency opportunities by promoting new, competitive public-private sector models of retrofitting low-income homes through new Federal partnerships; (8) improved monitoring and reporting of the work product of the WAP has yielded benefits, and expanding independent verification of efficiency work will support the long-term goals of the WAP; (9) reports of the Government Accountability Office in 2011, Inspector General of the Department of Energy, and State auditors have identified State-level deficiencies in monitoring efforts that can be addressed in a manner that will ensure that WAP funds are used more effectively; (10) through the history of the WAP, the WAP has evolved with improvements in efficiency technology, including, in the 1990s, many States adopting advanced home energy audits, which has led to great returns on investment; and (11) as the home energy efficiency industry has become more performance-based, the WAP should continue to use those advances in technology and the professional workforce. I Weatherization assistance program 101. Reauthorization of weatherization assistance program Section 422 of the Energy Conservation and Production Act ( 42 U.S.C. 6872 appropriated— appropriated $450,000,000 for each of fiscal years 2014 through 2018. 102. Grants for new, self-sustaining low-income, single-family and multifamily housing energy retrofit model programs to eligible housing and nonprofit organizations The Energy Conservation and Production Act is amended by inserting after section 414B (42 U.S.C. 6864b) the following: 414C. Grants for new, self-sustaining low-income, single-family and multifamily housing energy retrofit model programs to eligible housing and nonprofit organizations (a) Purposes The purposes of this section are— (1) to expand the number of low-income, single-family and multifamily homes that receive energy efficiency retrofits; (2) to promote innovation and new models of retrofitting low-income homes through new Federal partnerships with covered organizations that leverage substantial donations, donated materials, volunteer labor, homeowner labor equity, and other private sector resources; (3) to assist the covered organizations in demonstrating, evaluating, improving, and replicating widely the model low-income energy retrofit programs of the covered organizations; and (4) to ensure that the covered organizations make the energy retrofit programs of the covered organizations self-sustaining by the time grant funds have been expended. (b) Definitions In this section: (1) Covered organization The term covered organization (A) is described in section 501(c)(3) (B) has an established record of constructing, renovating, repairing, or making energy efficient an aggregate quantity of not less than 250 owner-occupied, single-family or multifamily homes for low-income households, either directly or through affiliates, chapters, or other direct partners (using the most recent year for which data are available). (2) Low-income The term low-income (3) Weatherization Assistance Program for Low-Income Persons The term Weatherization Assistance Program for Low-Income Persons (c) Competitive grant program The Secretary shall make grants to covered organizations through a national competitive process for use in accordance with this section. (d) Award factors In making grants under this section, the Secretary shall consider— (1) the number of low-income homes the applicant— (A) has built, renovated, repaired, or made more energy efficient as of the date of the application; and (B) can reasonably be projected to build, renovate, repair, or make energy efficient during the grant period beginning on the date of the application; (2) the qualifications, experience, and past performance of the applicant, including experience successfully managing and administering Federal funds; (3) the number and diversity of States and climates in which the applicant works as of the date of the application; (4) the amount of non-Federal funds, donated or discounted materials, discounted or volunteer skilled labor, volunteer unskilled labor, homeowner labor equity, and other resources the applicant will provide; (5) the extent to which the applicant could successfully replicate the energy retrofit program of the applicant and sustain the program after the grant funds have been expended; (6) regional diversity; (7) urban, suburban, and rural localities; and (8) such other factors as the Secretary determines to be appropriate. (e) Applications (1) In general Not later than 180 days after the date of enactment of this section, the Secretary shall request proposals from covered organizations. (2) Administration To be eligible to receive a grant under this section, an applicant shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (3) Awards Not later than 90 days after the date of issuance of a request for proposals, the Secretary shall award grants under this section. (f) Eligible uses of grant funds A grant under this section may be used for— (1) energy efficiency audits, cost-effective retrofit, and related activities in different climatic regions of the United States; (2) energy efficiency materials and supplies; (3) organizational capacity— (A) to significantly increase the number of energy retrofits; (B) to replicate an energy retrofit program within a State or in other States; and (C) to ensure that the program is self-sustaining after the Federal grant funds are expended; (4) energy efficiency, audit and retrofit training, and ongoing technical assistance; (5) information to homeowners on proper maintenance and energy savings behaviors; (6) quality control and improvement; (7) data collection, measurement, and ver­i­fi­ca­tion; (8) program monitoring, oversight, evaluation, and reporting; (9) management and administration (up to a maximum of 10 percent of the total grant); (10) labor and training activities; and (11) such other activities as the Secretary determines to be appropriate. (g) Maximum amount The amount of a grant provided under this section shall not exceed $5,000,000. (h) Guidelines (1) In general Not later than 90 days after the date of enactment of this section, the Secretary shall issue guidelines to implement the grant program established under this section. (2) Administration The guidelines— (A) shall not apply to the Weatherization Assistance Program for Low-Income Persons, in whole or major part; but (B) may rely on applicable provisions of law governing the Weatherization Assistance Program for Low-Income Persons to establish— (i) standards for allowable expenditures; (ii) a minimum savings-to-investment ratio; (iii) standards— (I) to carry out training programs; (II) to conduct energy audits and program activities; (III) to provide technical assistance; (IV) to monitor program activities; and (V) to verify energy and cost savings; (iv) liability insurance requirements; and (v) recordkeeping requirements, which shall include reporting to the Office of Weatherization and Intergovernmental Programs of the Department of Energy applicable data on each home retrofitted. (i) Review and evaluation The Secretary shall review and evaluate the performance of any covered organization that receives a grant under this section (which may include an audit), as determined by the Secretary. (j) Compliance with State and local law Nothing in this section or any program carried out using a grant provided under this section supersedes or otherwise affects any State or local law, to the extent that the State or local law contains a requirement that is more stringent than the applicable requirement of this section. (k) Annual reports The Secretary shall submit to Congress annual reports that provide— (1) findings; (2) a description of energy and cost savings achieved and actions taken under this section; and (3) any recommendations for further action. (l) Funding There is authorized to be appropriated to carry out this section $45,000,000 for each of fiscal years 2014 through 2018. . 103. Standards program Section 415 of the Energy Conservation and Production Act ( 42 U.S.C. 6865 (f) Standards program (1) Contractor qualification Effective beginning January 1, 2015, to be eligible to carry out weatherization using funds made available under this part, a contractor shall be selected through a competitive bidding process and be— (A) accredited by the Building Performance Institute; (B) an Energy Smart Home Performance Team accredited under the Residential Energy Services Network; or (C) accredited by an equivalent accreditation or program accreditation-based State certification program approved by the Secretary. (2) Grants for energy retrofit model programs (A) In general To be eligible to receive a grant under section 414C, a covered organization (as defined in section 414C(b)) shall use a crew chief who— (i) is certified or accredited in accordance with paragraph (1); and (ii) supervises the work performed with grant funds. (B) Volunteer labor A volunteer who performs work for a covered organization that receives a grant under section 414C shall not be required to be certified under this subsection if the volunteer is not directly installing or repairing mechanical equipment or other items that require skilled labor. (C) Training The Secretary shall use training and technical assistance funds available to the Secretary to assist covered organizations under section 414C in providing training to obtain certification required under this subsection, including provisional or temporary certification. (3) Minimum efficiency standards Effective beginning October 1, 2015, the Secretary shall ensure that— (A) each retrofit for which weatherization assistance is provided under this part meets minimum efficiency and quality of work standards established by the Secretary after weatherization of a dwelling unit; (B) at least 10 percent of the dwelling units are randomly inspected by a third party accredited under this subsection to ensure compliance with the minimum efficiency and quality of work standards established under subparagraph (A); and (C) the standards established under this subsection meet or exceed the industry standards for home performance work that are in effect on the date of enactment of this subsection, as determined by the Secretary. . II State energy programs 201. Reauthorization of State energy programs Section 365(f) of the Energy Policy and Conservation Act ( 42 U.S.C. 6325(f) $125,000,000 for each of fiscal years 2007 through 2012 $75,000,000 for each of fiscal years 2014 through 2018

Weatherization Enhancement, and Local Energy Efficiency Investment and Accountability Act

(This measure has not been amended since it was introduced. The summary of that version is repeated here.) All-American Flag Act - Requires any flags of the United States acquired for use by the federal government to be entirely manufactured in the United States from articles, materials, or supplies entirely grown, produced, or manufactured in the United States. Allows the head of an executive agency to waive such requirement upon determining that it would cause unreasonable costs or delays or would adversely affect a U.S. company. Requires this Act to be applied in a manner consistent with U.S. obligations under international agreements.

To require the purchase of domestically made flags of the United States of America for use by the Federal Government. 1. Short title This Act may be cited as the All-American Flag Act 2. Requirement for purchase of domestically made United States flags for use by Federal Government (a) In general Except as provided under subsection (b), only such flags of the United States of America, regardless of size, that are 100 percent manufactured in the United States, from articles, materials, or supplies 100 percent of which are grown, produced, or manufactured in the United States, may be acquired for use by the Federal Government. (b) Waiver The head of an executive agency may waive the requirement under subsection (a) on a case-by-case basis upon a determination that— (1) the application of the limitation would cause unreasonable costs or delays to be incurred; or (2) application of the limitation would adversely affect a United States company. (c) Amendment of Federal Acquisition Regulation Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council established under section 1302 (d) Definitions In this section: (1) Executive agency The term executive agency section 133 (2) Federal Acquisition Regulation The term Federal Acquisition Regulation section 106 3. Effective date Section 2 shall apply to purchases of flags made on or after 180 days after the date of the enactment of this Act. 4. Consistency with international agreements This Act shall be applied in a manner consistent with United States obligations under international agreements. July 31, 2014 Reported without amendment

All-American Flag Act

FISA Accountability and Privacy Protection Act of 2013 - Amends the FISA Amendments Act of 2008 to repeal on June 1, 2015, procedures outlined under the Foreign Intelligence Surveillance Act of 1978 (FISA) regarding the targeting by the United States of non-U.S. persons located outside the United States in order to acquire foreign intelligence information. Amends provisions of FISA, the Right to Financial Privacy Act of 1978, the National Security Act of 1947, and the Fair Credit Reporting Act (FCRA) concerning national security letters to, effective June 1, 2015, make such provisions read as they read on October 25, 2001. Repeals a separate related FCRA provision. Amends FISA to revise requirements for applications for access to business records and other tangible things in counterterrorism investigations to require an applicant to present a statement of facts and circumstances showing reasonable grounds to believe that the records sought are relevant to an investigation. Imposes similar requirements for orders for pen registers and trap and trace devices. Defines and requires "minimization procedures" for minimizing the retention and dissemination of information obtained from such records and devices. Revises requirements for obtaining orders to prohibit disclosure of the receipt of a national security letter. Requires the Federal Bureau of Investigation (FBI) or other appropriate agency to notify persons challenging a nondisclosure order if facts supporting such order no longer exist. Amends FISA to eliminate: (1) the requirement that recipients of any order to produce records wait one year before challenging such order or a nondisclosure requirement in court, and (2) the conclusive presumption that disclosure of an order for tangible things would endanger national security or a person's life or safety or would interfere with a criminal or terrorist investigation or with diplomatic relations. Revises procedures for obtaining judicial review of national security letter nondisclosure orders. Allows the recipient of a nondisclosure order to request judicial review of the order and requires the government to respond by setting forth specific facts in a certification that justify the need for nondisclosure based upon national security and other concerns. Requires courts, in considering whether to grant a nondisclosure order, to give substantial weight to the facts alleged by the government in its certification. Modifies the standard for obtaining a national security letter to require the FBI or other agency issuing a national security letter to provide a written statement of specific facts showing that there are reasonable grounds to believe that the information sought is relevant to an authorized investigation. Modifies reporting requirements for national security letters to require a breakdown of the types of persons targeted (e.g., U.S. persons and non-U.S. persons) and whether such persons are subjects of authorized national security investigations. Amends FISA to require the Attorney General to submit an annual unclassified report summarizing how the authorities under such Act are used, including the impact of such use on the privacy of U.S. persons. Extends through 2013 provisions requiring the Inspector General of the Department of Justice (DOJ) to conduct audits on investigative authority provided to the FBI under FISA and on the effectiveness and use of national security letters. Repeals a requirement for such audits to include information on bureaucratic or procedural impediments to the use of such letters. Directs the Inspector General to report to Congress on the results of such audits: (1) by January 1, 2014, for audits conducted for 2010 and 2011, and (2) by January 1, 2015, for audits conducted for 2012 and 2013. Requires reports by the inspectors general of each element of DOJ assessing the use and value of information obtained through such investigative authority and national security letters. Sets forth similar audit and reporting requirements regarding the use of pen registers and trap and trace devices and requires submission to the Attorney General and the Director of National Intelligence (DNI) as well as Congress. Amends the federal criminal code to reduce from 30 to 7 days the period for giving delayed notice of the execution of a search warrant in a criminal investigation when the warrant permits the giving of such delayed notice. Authorizes the Inspector General of the Intelligence Community to review the acquisition, use, and dissemination of acquired surveillance information in order to review its compliance with adopted targeting and minimization procedures, as well as with guidelines for the protection of privacy rights of U.S. persons. Requires such Inspector General to report to the Attorney General, the DNI, and specified congressional committees on reviews conducted. Rescinds specified unobligated balances available in the DOJ Assets Forfeiture Fund.

To strengthen privacy protections, accountability, and oversight related to domestic surveillance conducted pursuant to the USA PATRIOT Act and the Foreign Intelligence Surveillance Act of 1978. 1. Short title This Act may be cited as the FISA Accountability and Privacy Protection Act of 2013 2. Sunsets (a) Modification of FISA Amendments Act of 2008 sunset (1) Modification Section 403(b)(1) of the FISA Amendments Act of 2008 ( Public Law 110–261 December 31, 2017 June 1, 2015 (2) Technical and conforming amendments Section 403(b)(2) of such Act (Public Law 110–261; 122 Stat. 2474) is amended by striking December 31, 2017 June 1, 2015 (3) Orders in effect Section 404(b)(1) of such Act ( Public Law 110–261 December 31, 2017 June 1, 2015 (b) National Security Letters (1) Repeal Effective on June 1, 2015— (A) section 2709 of title 18, United States Code, is amended to read as such provision read on October 25, 2001; (B) section 1114(a)(5) of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414(a)(5) (C) subsections (a) and (b) of section 626 of the Fair Credit Reporting Act ( 15 U.S.C. 1681u 15 U.S.C. 1681u Public Law 104–93 (D) section 627 of the Fair Credit Reporting Act ( 15 U.S.C. 1681v (E) section 802 of the National Security Act of 1947 ( 50 U.S.C. 3162 (2) Transition provision Notwithstanding paragraph (1), the provisions of law referred to in paragraph (1), as in effect on May 31, 2015, shall continue to apply on and after June 1, 2015, with respect to any particular foreign intelligence investigation or with respect to any particular offense or potential offense that began or occurred before June 1, 2015. (3) Technical and conforming amendments Effective June 1, 2015— (A) section 3511 of title 18, United States Code, is amended— (i) in subsections (a), (c), and (d), by striking or 627(a) (ii) in subsection (b)(1)(A), as amended by section 6(b) of this Act, by striking section 626 or 627 of the Fair Credit Reporting Act (15 U.S.C. 1681u and 1681v) section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u) (B) section 118(c) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (18 U.S.C. 3511 note) is amended— (i) in subparagraph (C), by adding and (ii) in subparagraph (D), by striking ; and (iii) by striking subparagraph (E); and (C) the table of sections for the Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. 3. Factual basis for and issuance of orders for access to tangible things (a) In general Section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 (1) in the section heading, by striking certain business records tangible things (2) in subsection (b)(2), by striking subparagraphs (A) and (B) and inserting the following: (A) a statement of facts showing that there are reasonable grounds to believe that the records or other things sought— (i) are relevant to an authorized investigation (other than a threat assessment) conducted in accordance with subsection (a)(2) to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities; and (ii) (I) pertain to a foreign power or an agent of a foreign power; (II) are relevant to the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or (III) pertain to an individual in contact with, or known to, a suspected agent of a foreign power; and (B) a statement of proposed minimization procedures. ; and (3) in subsection (c)— (A) in paragraph (1)— (i) by inserting and that the proposed minimization procedures meet the definition of minimization procedures under subsection (g) subsections (a) and (b) (ii) by striking the second sentence; and (B) in paragraph (2)— (i) in subparagraph (D), by striking and (ii) in subparagraph (E), by striking the period at the end and inserting ; and (iii) by adding at the end the following: (F) shall direct that the minimization procedures be followed. . (b) Technical and conforming amendments (1) Definitions Title V of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 et seq. 503. Definitions In this title, the terms Attorney General foreign intelligence information international terrorism person United States United States person . (2) Title heading Title V of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 et seq. certain business records tangible things (3) Table of contents The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. (A) by striking the items relating to title V and section 501 and inserting the following: TITLE V—Access to tangible things for foreign intelligence purposes Sec. 501. Access to tangible things for foreign intelligence purposes and international terrorism investigations. ; and (B) by inserting after the item relating to section 502 the following: Sec. 503. Definitions. . 4. Orders for pen registers and trap and trace devices for foreign intelligence purposes (a) Application Section 402(c) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1842(c) (1) in paragraph (1), by striking and (2) in paragraph (2)— (A) by striking a certification by the applicant a statement of the facts and circumstances relied upon by the applicant to justify the belief of the applicant (B) by striking the period at the end and inserting ; and (3) by adding at the end the following: (3) a statement of whether minimization procedures are being proposed and, if so, a statement of the proposed minimization procedures. . (b) Minimization (1) Definition Section 401 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1841 (4) The term minimization procedures (A) specific procedures, that are reasonably designed in light of the purpose and technique of an order for the installation and use of a pen register or trap and trace device, to minimize the retention, and prohibit the dissemination, of nonpublicly available information known to concern unconsenting United States persons consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information; (B) procedures that require that nonpublicly available information, which is not foreign intelligence information, shall not be disseminated in a manner that identifies any United States person, without the consent of such person, unless the identity of such person is necessary to understand foreign intelligence information or assess its importance; and (C) notwithstanding subparagraphs (A) and (B), procedures that allow for the retention and dissemination of information that is evidence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes. . (2) Pen registers and trap and trace devices Section 402 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1842 (A) in subsection (d)(1), by striking the judge finds (A) that the application satisfies the requirements of this section; and (B) that, if there are exceptional circumstances justifying the use of minimization procedures in a particular case, the proposed minimization procedures meet the definition of minimization procedures under this title. ; and (B) by adding at the end the following: (h) At or before the end of the period of time for which the installation and use of a pen register or trap and trace device is approved under an order or an extension under this section, the judge may assess compliance with any applicable minimization procedures by reviewing the circumstances under which information concerning United States persons was retained or disseminated. . (3) Emergencies Section 403 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1843 (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following: (c) If the Attorney General authorizes the emergency installation and use of a pen register or trap and trace device under this section, the Attorney General shall require that minimization procedures be followed, if appropriate. . (4) Use of information Section 405(a)(1) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1845(a)(1) provisions of this section minimization procedures required under this title (c) Transition procedures (1) Orders in effect Notwithstanding the amendments made by this Act, an order entered under section 402(d)(1) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1842(d)(1) (2) Extensions A request for an extension of an order referred to in paragraph (1) shall be subject to the requirements of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. 5. Limitations on disclosure of national security letters (a) In general Section 2709 (c) Prohibition of certain disclosure (1) Prohibition (A) In general If a certification is issued under subparagraph (B) and notice of the right to judicial review under paragraph (3) is provided, no wire or electronic communication service provider, or officer, employee, or agent thereof, that receives a request under subsection (a), shall disclose to any person that the Director of the Federal Bureau of Investigation has sought or obtained access to information or records under this section. (B) Certification The requirements of subparagraph (A) shall apply if the Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office, certifies that, absent a prohibition of disclosure under this subsection, there may result— (i) a danger to the national security of the United States; (ii) interference with a criminal, counterterrorism, or counterintelligence investigation; (iii) interference with diplomatic relations; or (iv) danger to the life or physical safety of any person. (2) Exception (A) In general A wire or electronic communication service provider, or officer, employee, or agent thereof, that receives a request under subsection (a) may disclose information otherwise subject to any applicable nondisclosure requirement to— (i) those persons to whom disclosure is necessary in order to comply with the request; (ii) an attorney in order to obtain legal advice or assistance regarding the request; or (iii) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director. (B) Persons necessary for compliance Upon a request by the Director of the Federal Bureau of Investigation or the designee of the Director, those persons to whom disclosure will be made under subparagraph (A)(i) or to whom such disclosure was made before the request shall be identified to the Director or the designee. (C) Nondisclosure requirement A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection (a) in the same manner as the person to whom the request is issued. (D) Notice Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement. (3) Right to judicial review (A) In general A wire or electronic communications service provider that receives a request under subsection (a) shall have the right to judicial review of any applicable nondisclosure requirement. (B) Notification A request under subsection (a) shall state that if the recipient wishes to have a court review a nondisclosure requirement, the recipient shall notify the Government. (C) Initiation of proceedings If a recipient of a request under subsection (a) makes a notification under subparagraph (B), the Government shall initiate judicial review under the procedures established in section 3511 of this title, unless an appropriate official of the Federal Bureau of the Investigation makes a notification under paragraph (4). (4) Termination In the case of any request for which a recipient has submitted a notification under paragraph (3)(B), if the facts supporting a nondisclosure requirement cease to exist, an appropriate official of the Federal Bureau of Investigation shall promptly notify the wire or electronic service provider, or officer, employee, or agent thereof, subject to the nondisclosure requirement that the nondisclosure requirement is no longer in effect. . (b) Identity of financial institutions and credit reports Section 626 of the Fair Credit Reporting Act ( 15 U.S.C. 1681u (d) Prohibition of certain disclosure (1) Prohibition (A) In general If a certification is issued under subparagraph (B) and notice of the right to judicial review under paragraph (3) is provided, no consumer reporting agency, or officer, employee, or agent thereof, that receives a request or order under subsection (a), (b), or (c), shall disclose or specify in any consumer report, that the Federal Bureau of Investigation has sought or obtained access to information or records under subsection (a), (b), or (c). (B) Certification The requirements of subparagraph (A) shall apply if the Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office, certifies that, absent a prohibition of disclosure under this subsection, there may result— (i) a danger to the national security of the United States; (ii) interference with a criminal, counterterrorism, or counterintelligence investigation; (iii) interference with diplomatic relations; or (iv) danger to the life or physical safety of any person. (2) Exception (A) In general A consumer reporting agency, or officer, employee, or agent thereof, that receives a request or order under subsection (a), (b), or (c) may disclose information otherwise subject to any applicable nondisclosure requirement to— (i) those persons to whom disclosure is necessary in order to comply with the request or order; (ii) an attorney in order to obtain legal advice or assistance regarding the request or order; or (iii) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director. (B) Persons necessary for compliance Upon a request by the Director of the Federal Bureau of Investigation or the designee of the Director, those persons to whom disclosure will be made under subparagraph (A)(i) or to whom such disclosure was made before the request shall be identified to the Director or the designee. (C) Nondisclosure requirement A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request or order is issued under subsection (a), (b), or (c) in the same manner as the person to whom the request or order is issued. (D) Notice Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement. (3) Right to judicial review (A) In general A consumer reporting agency that receives a request or order under subsection (a), (b), or (c) shall have the right to judicial review of any applicable nondisclosure requirement. (B) Notification A request or order under subsection (a), (b), or (c) shall state that if the recipient wishes to have a court review a nondisclosure requirement, the recipient shall notify the Government. (C) Initiation of proceedings If a recipient of a request or order under subsection (a), (b), or (c) makes a notification under subparagraph (B), the Government shall initiate judicial review under the procedures established in section 3511 (4) Termination In the case of any request or order for which a consumer reporting agency has submitted a notification under paragraph (3)(B), if the facts supporting a nondisclosure requirement cease to exist, an appropriate official of the Federal Bureau of Investigation shall promptly notify the consumer reporting agency, or officer, employee, or agent thereof, subject to the nondisclosure requirement that the nondisclosure requirement is no longer in effect. . (c) Disclosures to Governmental agencies for counterterrorism purposes Section 627 of the Fair Credit Reporting Act ( 15 U.S.C. 1681v (c) Prohibition of certain disclosure (1) Prohibition (A) In general If a certification is issued under subparagraph (B) and notice of the right to judicial review under paragraph (3) is provided, no consumer reporting agency, or officer, employee, or agent thereof, that receives a request under subsection (a), shall disclose to any person or specify in any consumer report, that a government agency has sought or obtained access to information under subsection (a). (B) Certification The requirements of subparagraph (A) shall apply if the head of a government agency authorized to conduct investigations of, or intelligence or counterintelligence activities or analysis related to, international terrorism, or a designee, certifies that, absent a prohibition of disclosure under this subsection, there may result— (i) a danger to the national security of the United States; (ii) interference with a criminal, counterterrorism, or counterintelligence investigation; (iii) interference with diplomatic relations; or (iv) danger to the life or physical safety of any person. (2) Exception (A) In general A consumer reporting agency, or officer, employee, or agent thereof, that receives a request under subsection (a) may disclose information otherwise subject to any applicable nondisclosure requirement to— (i) those persons to whom disclosure is necessary in order to comply with the request; (ii) an attorney in order to obtain legal advice or assistance regarding the request; or (iii) other persons as permitted by the head of the government agency authorized to conduct investigations of, or intelligence or counterintelligence activities or analysis related to, international terrorism, or a designee. (B) Persons necessary for compliance Upon a request by the head of a government agency authorized to conduct investigations of, or intelligence or counterintelligence activities or analysis related to, international terrorism, or a designee, those persons to whom disclosure will be made under subparagraph (A)(i) or to whom such disclosure was made before the request shall be identified to the head of the government agency or the designee. (C) Nondisclosure requirement A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection (a) in the same manner as the person to whom the request is issued. (D) Notice Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement. (3) Right to judicial review (A) In general A consumer reporting agency that receives a request under subsection (a) shall have the right to judicial review of any applicable nondisclosure requirement. (B) Notification A request under subsection (a) shall state that if the recipient wishes to have a court review a nondisclosure requirement, the recipient shall notify the government. (C) Initiation of proceedings If a recipient of a request under subsection (a) makes a notification under subparagraph (B), the government shall initiate judicial review under the procedures established in section 3511 (4) Termination In the case of any request for which a consumer reporting agency has submitted a notification under paragraph (3)(B), if the facts supporting a nondisclosure requirement cease to exist, an appropriate official of the government agency authorized to conduct investigations of, or intelligence or counterintelligence activities or analysis related to, international terrorism shall promptly notify the consumer reporting agency, or officer, employee, or agent thereof, subject to the nondisclosure requirement that the nondisclosure requirement is no longer in effect. . (d) Financial records Section 1114(a)(5) of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414(a)(5) (D) Prohibition of certain disclosure (i) Prohibition (I) In general If a certification is issued under subclause (II) and notice of the right to judicial review under clause (iii) is provided, no financial institution, or officer, employee, or agent thereof, that receives a request under subparagraph (A), shall disclose to any person that the Federal Bureau of Investigation has sought or obtained access to information or records under subparagraph (A). (II) Certification The requirements of subclause (I) shall apply if the Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office, certifies that, absent a prohibition of disclosure under this subparagraph, there may result— (aa) a danger to the national security of the United States; (bb) interference with a criminal, counterterrorism, or counterintelligence investigation; (cc) interference with diplomatic relations; or (dd) danger to the life or physical safety of any person. (ii) Exception (I) In general A financial institution, or officer, employee, or agent thereof, that receives a request under subparagraph (A) may disclose information otherwise subject to any applicable nondisclosure requirement to— (aa) those persons to whom disclosure is necessary in order to comply with the request; (bb) an attorney in order to obtain legal advice or assistance regarding the request; or (cc) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director. (II) Persons necessary for compliance Upon a request by the Director of the Federal Bureau of Investigation or the designee of the Director, those persons to whom disclosure will be made under subclause (I)(aa) or to whom such disclosure was made before the request shall be identified to the Director or the designee. (III) Nondisclosure requirement A person to whom disclosure is made under subclause (I) shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subparagraph (A) in the same manner as the person to whom the request is issued. (IV) Notice Any recipient that discloses to a person described in subclause (I) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement. (iii) Right to judicial review (I) In general A financial institution that receives a request under subparagraph (A) shall have the right to judicial review of any applicable nondisclosure requirement. (II) Notification A request under subparagraph (A) shall state that if the recipient wishes to have a court review a nondisclosure requirement, the recipient shall notify the Government. (III) Initiation of proceedings If a recipient of a request under subparagraph (A) makes a notification under subclause (II), the Government shall initiate judicial review under the procedures established in section 3511 (iv) Termination In the case of any request for which a financial institution has submitted a notification under clause (iii)(II), if the facts supporting a nondisclosure requirement cease to exist, an appropriate official of the Federal Bureau of Investigation shall promptly notify the financial institution, or officer, employee, or agent thereof, subject to the nondisclosure requirement that the nondisclosure requirement is no longer in effect. . (e) Requests by authorized investigative agencies Section 802 of the National Security Act of 1947 ( 50 U.S.C. 3162 (b) Prohibition of certain disclosure (1) Prohibition (A) In general If a certification is issued under subparagraph (B) and notice of the right to judicial review under paragraph (3) is provided, no governmental or private entity, or officer, employee, or agent thereof, that receives a request under subsection (a), shall disclose to any person that an authorized investigative agency described in subsection (a) has sought or obtained access to information under subsection (a). (B) Certification The requirements of subparagraph (A) shall apply if the head of an authorized investigative agency described in subsection (a), or a designee, certifies that, absent a prohibition of disclosure under this subsection, there may result— (i) a danger to the national security of the United States; (ii) interference with a criminal, counterterrorism, or counterintelligence investigation; (iii) interference with diplomatic relations; or (iv) danger to the life or physical safety of any person. (2) Exception (A) In general A governmental or private entity, or officer, employee, or agent thereof, that receives a request under subsection (a) may disclose information otherwise subject to any applicable nondisclosure requirement to— (i) those persons to whom disclosure is necessary in order to comply with the request; (ii) an attorney in order to obtain legal advice or assistance regarding the request; or (iii) other persons as permitted by the head of the authorized investigative agency described in subsection (a). (B) Persons necessary for compliance Upon a request by the head of an authorized investigative agency described in subsection (a), or a designee, those persons to whom disclosure will be made under subparagraph (A)(i) or to whom such disclosure was made before the request shall be identified to the head of the authorized investigative agency or the designee. (C) Nondisclosure requirement A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection (a) in the same manner as the person to whom the request is issued. (D) Notice Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement. (3) Right to judicial review (A) In general A governmental or private entity that receives a request under subsection (a) shall have the right to judicial review of any applicable nondisclosure requirement. (B) Notification A request under subsection (a) shall state that if the recipient wishes to have a court review a nondisclosure requirement, the recipient shall notify the Government. (C) Initiation of proceedings If a recipient of a request under subsection (a) makes a notification under subparagraph (B), the Government shall initiate judicial review under the procedures established in section 3511 (4) Termination In the case of any request for which a governmental or private entity has submitted a notification under paragraph (3)(B), if the facts supporting a nondisclosure requirement cease to exist, an appropriate official of the authorized investigative agency described in subsection (a) shall promptly notify the governmental or private entity, or officer, employee, or agent thereof, subject to the nondisclosure requirement that the nondisclosure requirement is no longer in effect. . 6. Judicial review of FISA orders and national security letters (a) FISA Section 501(f)(2) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(f)(2)) is amended— (1) in subparagraph (A)— (A) in clause (i)— (i) by striking a production order a production order or nondisclosure order (ii) by striking Not less than 1 year (B) in clause (ii), by striking production order or nondisclosure (2) in subparagraph (C)— (A) by striking clause (ii); and (B) by redesignating clause (iii) as clause (ii). (b) Judicial review of national security letters Section 3511(b) (b) Nondisclosure (1) In general (A) Notice If a recipient of a request or order for a report, records, or other information under section 2709 of this title, section 626 or 627 of the Fair Credit Reporting Act (15 U.S.C. 1681u and 1681v), section 1114 of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414 50 U.S.C. 3162 (B) Application Not later than 30 days after the date of receipt of a notification under subparagraph (A), the Government shall apply for an order prohibiting the disclosure of the existence or contents of the relevant request or order. An application under this subparagraph may be filed in the district court of the United States for the judicial district in which the recipient of the order is doing business or in the district court of the United States for any judicial district within which the authorized investigation that is the basis for the request or order is being conducted. The applicable nondisclosure requirement shall remain in effect during the pendency of proceedings relating to the requirement. (C) Consideration A district court of the United States that receives an application under subparagraph (B) should rule expeditiously, and shall, subject to paragraph (3), issue a nondisclosure order that includes conditions appropriate to the circumstances. (2) Application contents An application for a nondisclosure order or extension thereof under this subsection shall include a certification from the Attorney General, Deputy Attorney General, an Assistant Attorney General, or the Director of the Federal Bureau of Investigation, or in the case of a request by a department, agency, or instrumentality of the Federal Government other than the Department of Justice, the head or deputy head of the department, agency, or instrumentality, containing a statement of specific facts indicating that, absent a prohibition of disclosure under this subsection, there may result— (A) a danger to the national security of the United States; (B) interference with a criminal, counterterrorism, or counterintelligence investigation; (C) interference with diplomatic relations; or (D) danger to the life or physical safety of any person. (3) Standard A district court of the United States shall issue a nondisclosure requirement order or extension thereof under this subsection if the court determines, giving substantial weight to the certification under paragraph (2), that there is reason to believe that disclosure of the information subject to the nondisclosure requirement during the applicable time period will result in— (A) a danger to the national security of the United States; (B) interference with a criminal, counterterrorism, or counterintelligence investigation; (C) interference with diplomatic relations; or (D) danger to the life or physical safety of any person. . (c) Minimization Section 501(g)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(g)(1)) is amended by striking Not later than At or before the end of the period of time for the production of tangible things under an order approved under this section or at any time after the production of tangible things under an order approved under this section, a judge may assess compliance with the minimization procedures by reviewing the circumstances under which information concerning United States persons was retained or disseminated. 7. Certification for access to telephone toll and transactional records (a) In general Section 2709 of title 18, United States Code, as amended by this Act, is amended— (1) by striking subsection (e); (2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (3) by inserting after subsection (b) the following: (c) Written statement The Director of the Federal Bureau of Investigation, or a designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director, may make a certification under subsection (b) only upon a written statement, which shall be retained by the Federal Bureau of Investigation, of specific facts showing that there are reasonable grounds to believe that the information sought is relevant to the authorized investigation described in subsection (b). . (b) Identity of financial institutions and credit reports Section 626 of the Fair Credit Reporting Act ( 15 U.S.C. 1681u (1) by striking subsection (h); (2) by redesignating subsections (d), (e), (f), and (g) as subsections (e), (f), (g), and (h), respectively; and (3) by inserting after subsection (c) the following: (d) Written statement The Director of the Federal Bureau of Investigation, or a designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director, may make a certification under subsection (a) or (b) only upon a written statement, which shall be retained by the Federal Bureau of Investigation, of specific facts showing that there are reasonable grounds to believe that the information sought is relevant to the authorized investigation described in subsection (a) or (b), as the case may be. . (c) Disclosures to Governmental agencies for counterterrorism purposes Section 627(b) of the Fair Credit Reporting Act ( 15 U.S.C. 1681v(b) (1) in the subsection heading, by striking Form of certification Certification (2) by striking The certification (1) Form of certification The certification ; and (3) by adding at the end the following: (2) Written statement A supervisory official or officer described in paragraph (1) may make a certification under subsection (a) only upon a written statement, which shall be retained by the government agency, of specific facts showing that there are reasonable grounds to believe that the information sought is relevant to the authorized investigation described in subsection (a). . (d) Financial records Section 1114(a)(5) of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414(a)(5) (1) by striking subparagraph (C); (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following: (B) The Director of the Federal Bureau of Investigation, or a designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director, may make a certification under subparagraph (A) only upon a written statement, which shall be retained by the Federal Bureau of Investigation, of specific facts showing that there are reasonable grounds to believe that the information sought is relevant to the authorized investigation described in subparagraph (A). . (e) Requests by authorized investigative agencies Section 802(a) of the National Security Act of 1947 ( 50 U.S.C. 3162(a) (4) A department or agency head, deputy department or agency head, or senior official described in paragraph (3)(A) may make a certification under paragraph (3)(A) only upon a written statement, which shall be retained by the authorized investigative agency, of specific facts showing that there are reasonable grounds to believe that the information sought is relevant to the authorized inquiry or investigation described in paragraph (3)(A)(ii). . (f) Technical and conforming amendments (1) Obstruction of criminal investigations Section 1510(e) section 2709(c)(1) of this title, section 626(d)(1) or 627(c)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681u(d)(1) or 1681v(c)(1)), section 1114(a)(3)(A) or 1114(a)(5)(D)(i) of the Right to Financial Privacy Act ( 12 U.S.C. 3414(a)(3)(A) section 2709(d)(1) of this title, section 626(e)(1) or 627(c)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681u(e)(1) and 1681v(c)(1)), section 1114(a)(3)(A) or 1114(a)(5)(D)(i) of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414(a)(3)(A) 50 U.S.C. 3162(b)(1) (2) Semiannual reports Section 507(b) of the National Security Act of 1947 (50 U.S.C. 415b(b)) is amended to read as follows: (b) Semiannual reports The dates for the submittal to the congressional intelligence committees of the semiannual reports on decisions not to prosecute certain violations of law under the Classified Information Procedures Act (18 U.S.C. App.), as required by section 13 of that Act, shall be the dates each year provided in subsection (c)(2). . 8. Public reporting on national security letters (a) In general Section 118(c) of the USA PATRIOT Improvement and Reauthorization Act of 2005 ( 18 U.S.C. 3511 (c) Reports on requests for national security letters (1) Definitions In this subsection— (A) the term applicable period (i) with respect to the first report submitted under paragraph (2) or (3), the period beginning 180 days after the date of enactment of the FISA Accountability and Privacy Protection Act of 2013 (ii) with respect to the second report submitted under paragraph (2) or (3), and each report thereafter, the 6-month period ending on the last day of the second month before the date for submission of the report; and (B) the term United States person (2) Classified form (A) In general Not later than March 1, 2014, and every 6 months thereafter, the Attorney General shall submit to the Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Permanent Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Financial Services of the House of Representatives a report fully informing the committees concerning the requests made under section 2709(a) 12 U.S.C. 3414(a)(5)(A) 15 U.S.C. 1681u 50 U.S.C. 3162 (B) Contents Each report under subparagraph (A) shall include, for each provision of law described in subparagraph (A)— (i) the number of authorized requests under the provision, including requests for subscriber information; and (ii) the number of authorized requests under the provision— (I) that relate to a United States person; (II) that relate to a person that is not a United States person; (III) that relate to a person that is— (aa) the subject of an authorized national security investigation; or (bb) an individual who has been in contact with or otherwise directly linked to the subject of an authorized national security investigation; and (IV) that relate to a person that is not known to be the subject of an authorized national security investigation or to have been in contact with or otherwise directly linked to the subject of an authorized national security investigation. (3) Unclassified form (A) In general Not later than March 1, 2014, and every 6 months thereafter, the Attorney General shall submit to the Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Permanent Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Financial Services of the House of Representatives a report fully informing the committees concerning the aggregate total of all requests identified under paragraph (2) during the applicable period. Each report under this subparagraph shall be in unclassified form. (B) Contents Each report under subparagraph (A) shall include the aggregate total of requests— (i) that relate to a United States person; (ii) that relate to a person that is not a United States person; (iii) that relate to a person that is— (I) the subject of an authorized national security investigation; or (II) an individual who has been in contact with or otherwise directly linked to the subject of an authorized national security investigation; and (iv) that relate to a person that is not known to be the subject of an authorized national security investigation or to have been in contact with or otherwise directly linked to the subject of an authorized national security investigation. . (b) Technical and conforming amendment Section 627 of the Fair Credit Reporting Act ( 15 U.S.C. 1681v 9. Public reporting on the Foreign Intelligence Surveillance Act of 1978 (a) In general Title VI of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1871 602. Annual unclassified report Not later than December 31, 2014, and every year thereafter, the Attorney General, in consultation with the Director of National Intelligence, and with due regard for the protection of classified information from unauthorized disclosure, shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives an unclassified report summarizing how the authorities under this Act are used, including the impact of the use of the authorities under this Act on the privacy of United States persons (as defined in section 101). . (b) Technical and conforming amendment The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. Sec. 602. Annual unclassified report. . 10. Audits (a) Tangible things Section 106A of the USA PATRIOT Improvement and Reauthorization Act of 2005 ( Public Law 109–177 (1) in subsection (b)— (A) in paragraph (1), by inserting and calendar years 2010 through 2013 2006 (B) by striking paragraphs (2) and (3); (C) by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively; and (D) in paragraph (3), as so redesignated— (i) by striking subparagraph (C) and inserting the following: (C) with respect to calendar years 2010 through 2013, an examination of the minimization procedures used in relation to orders under section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ; and (ii) in subparagraph (D), by striking (as such term is defined in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 401a(4) (2) in subsection (c), by adding at the end the following: (3) Calendar years 2010 and 2011 Not later than January 1, 2014, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the audit conducted under subsection (a) for calendar years 2010 and 2011. (4) Calendar years 2012 and 2013 Not later than January 1, 2015, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the audit conducted under subsection (a) for calendar years 2012 and 2013. ; (3) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; (4) by inserting after subsection (c) the following: (d) Intelligence assessment (1) In general For the period beginning on January 1, 2010 and ending on December 31, 2013, the Inspector General of each element of the intelligence community outside of the Department of Justice that used information acquired under title V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) in the intelligence activities of the element of the intelligence community shall— (A) assess the importance of the information to the intelligence activities of the element of the intelligence community; (B) examine the manner in which that information was collected, retained, analyzed, and disseminated by the element of the intelligence community; (C) describe any noteworthy facts or circumstances relating to orders under title V of the Foreign Intelligence Surveillance Act of 1978 as the orders relate to the element of the intelligence community; and (D) examine any minimization procedures used by the element of the intelligence community under title V of the Foreign Intelligence Surveillance Act of 1978 and whether the minimization procedures adequately protect the constitutional rights of United States persons. (2) Submission dates for assessment (A) Calendar years 2010 and 2011 Not later than January 1, 2014, the Inspector General of each element of the intelligence community that conducts an assessment under this subsection shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representative a report containing the results of the assessment for calendar years 2010 and 2011. (B) Calendar years 2012 and 2013 Not later than January 1, 2015, the Inspector General of each element of the intelligence community that conducts an assessment under this subsection shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the assessment for calendar years 2012 and 2013. ; (5) in subsection (e), as redesignated by paragraph (3)— (A) in paragraph (1)— (i) by striking a report under subsection (c)(1) or (c)(2) any report under subsection (c) or (d) (ii) by inserting and any Inspector General of an element of the intelligence community that submits a report under this section Justice (B) in paragraph (2), by striking the reports submitted under subsection (c)(1) and (c)(2) any report submitted under subsection (c) or (d) (6) in subsection (f), as redesignated by paragraph (3)— (A) by striking The reports submitted under subsections (c)(1) and (c)(2) Each report submitted under subsection (c) (B) by striking subsection (d)(2) subsection (e)(2) (7) by adding at the end the following: (g) Definitions In this section— (1) the term intelligence community 50 U.S.C. 3003 (2) the term United States person . (b) National security letters Section 119 of the USA PATRIOT Improvement and Reauthorization Act of 2005 ( Public Law 109–177 (1) in subsection (b)— (A) in paragraph (1), by inserting and calendar years 2010 through 2013 2006 (B) in paragraph (3)(C), by striking (as such term is defined in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 401a(4) (2) in subsection (c), by adding at the end the following: (3) Calendar years 2010 and 2011 Not later than January 1, 2014, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on the Judiciary and the Select Committee on Intelligence of the Senate a report containing the results of the audit conducted under subsection (a) for calendar years 2010 and 2011. (4) Calendar years 2012 and 2013 Not later than January 1, 2015, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on the Judiciary and the Select Committee on Intelligence of the Senate a report containing the results of the audit conducted under subsection (a) for calendar years 2012 and 2013. ; (3) by striking subsection (g) and inserting the following: (h) Definitions In this section— (1) the term intelligence community 50 U.S.C. 3003 (2) the term national security letter (A) section 2709(a) of title 18, United States Code (to access certain communication service provider records); (B) section 1114(a)(5)(A) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)) (to obtain financial institution customer records); (C) section 802 of the National Security Act of 1947 ( 50 U.S.C. 3162 (D) section 626 of the Fair Credit Reporting Act ( 15 U.S.C. 1681u (E) section 627 of the Fair Credit Reporting Act ( 15 U.S.C. 1681v (3) the term United States person ; (4) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; (5) by inserting after subsection (c) the following: (d) Intelligence assessment (1) In general For the period beginning on January 1, 2010 and ending on December 31, 2013, the Inspector General of each element of the intelligence community outside of the Department of Justice that issued national security letters in the intelligence activities of the element of the intelligence community shall— (A) examine the use of national security letters by the element of the intelligence community during the period; (B) describe any noteworthy facts or circumstances relating to the use of national security letters by the element of the intelligence community, including any improper or illegal use of such authority; (C) assess the importance of information received under the national security letters to the intelligence activities of the element of the intelligence community; and (D) examine the manner in which information received under the national security letters was collected, retained, analyzed, and disseminated. (2) Submission dates for assessment (A) Calendar years 2010 and 2011 Not later than January 1, 2014, the Inspector General of each element of the intelligence community that conducts an assessment under this subsection shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the assessment for calendar years 2010 and 2011. (B) Calendar years 2012 and 2013 Not later than January 1, 2015, the Inspector General of any element of the intelligence community that conducts an assessment under this subsection shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the assessment for calendar years 2012 and 2013. ; (6) in subsection (e), as redesignated by paragraph (4)— (A) in paragraph (1)— (i) by striking a report under subsection (c)(1) or (c)(2) any report under subsection (c) or (d) (ii) by inserting and any Inspector General of an element of the intelligence community that submits a report under this section Justice (B) in paragraph (2), by striking the reports submitted under subsection (c)(1) or (c)(2) any report submitted under subsection (c) or (d) (7) in subsection (f), as redesignated by paragraph (4)— (A) by striking The reports submitted under subsections (c)(1) or (c)(2) Each report submitted under subsection (c) (B) by striking subsection (d)(2) subsection (e)(2) (c) Pen registers and trap and trace devices (1) Audits The Inspector General of the Department of Justice shall perform comprehensive audits of the effectiveness and use, including any improper or illegal use, of pen registers and trap and trace devices under title IV of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1841 et seq. (2) Requirements The audits required under paragraph (1) shall include— (A) an examination of the use of pen registers and trap and trace devices under title IV of the Foreign Intelligence Surveillance Act of 1978 for calendar years 2010 through 2013; (B) an examination of the installation and use of a pen register or trap and trace device on emergency bases under section 403 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1843 (C) any noteworthy facts or circumstances relating to the use of a pen register or trap and trace device under title IV of the Foreign Intelligence Surveillance Act of 1978, including any improper or illegal use of the authority provided under that title; and (D) an examination of the effectiveness of the authority under title IV of the Foreign Intelligence Surveillance Act of 1978 as an investigative tool, including— (i) the importance of the information acquired to the intelligence activities of the Federal Bureau of Investigation; (ii) the manner in which the information is collected, retained, analyzed, and disseminated by the Federal Bureau of Investigation, including any direct access to the information provided to any other department, agency, or instrumentality of Federal, State, local, or tribal governments or any private sector entity; (iii) with respect to calendar years 2012 and 2013, an examination of the minimization procedures of the Federal Bureau of Investigation used in relation to pen registers and trap and trace devices under title IV of the Foreign Intelligence Surveillance Act of 1978 and whether the minimization procedures adequately protect the constitutional rights of United States persons; (iv) whether, and how often, the Federal Bureau of Investigation used information acquired under a pen register or trap and trace device under title IV of the Foreign Intelligence Surveillance Act of 1978 to produce an analytical intelligence product for distribution within the Federal Bureau of Investigation, to the intelligence community, or to another department, agency, or instrumentality of Federal, State, local, or tribal governments; and (v) whether, and how often, the Federal Bureau of Investigation provided information acquired under a pen register or trap and trace device under title IV of the Foreign Intelligence Surveillance Act of 1978 to law enforcement authorities for use in criminal proceedings. (3) Submission dates (A) Calendar years 2010 and 2011 Not later than January 1, 2014, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the audits conducted under paragraph (1) for calendar years 2010 and 2011. (B) Calendar years 2012 and 2013 Not later than January 1, 2015, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the audits conducted under paragraph (1) for calendar years 2012 and 2013. (4) Intelligence assessment (A) In general For the period beginning January 1, 2010 and ending on December 31, 2013, the Inspector General of any element of the intelligence community outside of the Department of Justice that used information acquired under a pen register or trap and trace device under title IV of the Foreign Intelligence Surveillance Act of 1978 in the intelligence activities of the element of the intelligence community shall— (i) assess the importance of the information to the intelligence activities of the element of the intelligence community; (ii) examine the manner in which the information was collected, retained, analyzed, and disseminated; (iii) describe any noteworthy facts or circumstances relating to orders under title IV of the Foreign Intelligence Surveillance Act of 1978 as the orders relate to the element of the intelligence community; and (iv) examine any minimization procedures used by the element of the intelligence community in relation to pen registers and trap and trace devices under title IV of the Foreign Intelligence Surveillance Act of 1978 and whether the minimization procedures adequately protect the constitutional rights of United States persons. (B) Submission dates for assessment (i) Calendar years 2010 and 2011 Not later than January 1, 2014, the Inspector General of each element of the intelligence community that conducts an assessment under this paragraph shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representative a report containing the results of the assessment for calendar years 2010 and 2011. (ii) Calendar years 2012 and 2013 Not later than January 1, 2015, the Inspector General of each element of the intelligence community that conducts an assessment under this paragraph shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representative a report containing the results of the assessment for calendar years 2012 and 2013. (5) Prior notice to attorney general and director of national intelligence; comments (A) Notice Not later than 30 days before the submission of any report under paragraph (3) or (4), the Inspector General of the Department of Justice and any Inspector General of an element of the intelligence community that submits a report under this subsection shall provide the report to the Attorney General and the Director of National Intelligence. (B) Comments The Attorney General or the Director of National Intelligence may provide such comments to be included in any report submitted under paragraph (3) or (4) as the Attorney General or the Director of National Intelligence may consider necessary. (6) Unclassified form Each report submitted under paragraph (3) and any comments included in that report under paragraph (5)(B) shall be in unclassified form, but may include a classified annex. (d) Definitions In this section— (1) the terms Attorney General foreign intelligence information United States person (2) the term intelligence community 50 U.S.C. 3003 (3) the term minimization procedures 50 U.S.C. 1841 (4) the terms pen register trap and trace device section 3127 11. Delayed notice search warrants Section 3103a(b)(3) of title 18, United States Code, is amended by striking 30 days 7 days 12. Inspector General reviews (a) Agency assessments Section 702(l)(2) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a(l)(2) (1) in the matter preceding subparagraph (A), by striking authorized to acquire foreign intelligence information under subsection (a) with targeting or minimization procedures approved under this section (2) in subparagraph (C), by inserting United States persons or later determined to be (3) in subparagraph (D)— (A) in the matter preceding clause (i), by striking such review review conducted under this paragraph (B) in clause (ii), by striking and (C) by redesignating clause (iii) as clause (iv); and (D) by inserting after clause (ii), the following: (iii) the Inspector General of the Intelligence Community; and . (b) Inspector General of the Intelligence Community review Section 702(l) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a(l) (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following: (3) Inspector General of the Intelligence Community review (A) In general The Inspector General of the Intelligence Community is authorized to review the acquisition, use, and dissemination of information acquired under subsection (a) in order to review compliance with the targeting and minimization procedures adopted in accordance with subsections (d) and (e) and the guidelines adopted in accordance with subsection (f), and in order to conduct the review required under subparagraph (B). (B) Mandatory review The Inspector General of the Intelligence Community shall review the procedures and guidelines developed by the intelligence community to implement this section, with respect to the protection of the privacy rights of United States persons, including— (i) an evaluation of the limitations outlined in subsection (b), the procedures approved in accordance with subsections (d) and (e), and the guidelines adopted in accordance with subsection (f), with respect to the protection of the privacy rights of United States persons; and (ii) an evaluation of the circumstances under which the contents of communications acquired under subsection (a) may be searched in order to review the communications of particular United States persons. (C) Consideration of other reviews and assessments In conducting a review under subparagraph (B), the Inspector General of the Intelligence Community should take into consideration, to the extent relevant and appropriate, any reviews or assessments that have been completed or are being undertaken under this section. (D) Report Not later than December 31, 2014, the Inspector General of the Intelligence Community shall submit a report regarding the reviews conducted under this paragraph to— (i) the Attorney General; (ii) the Director of National Intelligence; and (iii) consistent with the Rules of the House of Representatives, the Standing Rules of the Senate, and Senate Resolution 400 of the 94th Congress or any successor Senate resolution— (I) the congressional intelligence committees; and (II) the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives. (E) Public reporting of findings and conclusions In a manner consistent with the protection of the national security of the United States, and in unclassified form, the Inspector General of the Intelligence Community shall make publicly available a summary of the findings and conclusions of the review conducted under subparagraph (B). . (c) Annual reviews Section 702(l)(4)(A) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(l)(4)(A)), as redesignated by subsection (b)(1), is amended— (1) in the matter preceding clause (i)— (A) in the first sentence— (i) by striking conducting an acquisition authorized under subsection (a) with targeting or minimization procedures approved under this section (ii) by striking the acquisition acquisitions under subsection (a) (B) in the second sentence, by striking The annual review As applicable, the annual review (2) in clause (iii), by inserting United States persons or later determined to be 13. Electronic surveillance Section 105(c)(1)(A) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(c)(1)(A)) is amended by inserting with particularity description 14. Severability If any provision of this Act or an amendment made by this Act, or the application of the provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provisions of this Act and the amendments made by this Act to any other person or circumstance, shall not be affected thereby. 15. Offset Of the unobligated balances available in the Department of Justice Assets Forfeiture Fund established under section 524(c)(1) of title 28, United States Code, $5,000,000 are permanently rescinded and shall be returned to the general fund of the Treasury. 16. Effective date The amendments made by sections 3, 4, 5, 6, 7, and 11 shall take effect on the date that is 120 days after the date of enactment of this Act.

FISA Accountability and Privacy Protection Act of 2013

Improving Job Opportunities for Veterans Act of 2013 - Directs the Secretary of Veterans Affairs (VA), for a certain four-year period, to require training establishments applying for state approval of on-the-job training programs to certify that the wages to be paid an eligible veteran or person upon entrance into training will be increased in regular periodic increments until, by the last full month of the training period, they will be at least 75% (currently 85%) of the wages paid for the job for which such eligible veteran or person is being trained. Requires the Secretary to enter into agreements with the heads of other federal departments and agencies to operate similar on-the-job training programs to train eligible veterans or persons to perform skills necessary for employment by the department or agency operating the program. Extends from November 30 through December 31, 2016, the requirement of a reduced pension ($90 per month) for veterans (with neither spouse nor child) or surviving spouses (with no child) covered by Medicaid plans under title XIX of the Social Security Act for services furnished by nursing facilities.

To improve and increase the availability of on-job training and apprenticeship programs carried out by the Secretary of Veterans Affairs, and for other purposes. 1. Short title This Act may be cited as the Improving Job Opportunities for Veterans Act of 2013 2. Authority to increase availability of private sector on-job training programs During the four-year period beginning on the date that is one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out section 3677(b)(1)(A) of title 38, United States Code, by substituting 75 per centum 85 per centum 3. On-job training at Federal departments and agencies Beginning on the date that is one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into agreements with the heads of other Federal departments and agencies to operate programs of training on the job under section 3677 of title 38, United States Code, to train eligible veterans or persons to perform skills necessary for employment by the department or agency operating the program. 4. Extension of reduced pension for certain veterans covered by medicaid plans for services furnished by nursing facilities Section 5503(d)(7) of title 38, United States Code, is amended by striking November 30, 2016 December 31, 2016

Improving Job Opportunities for Veterans Act of 2013

Housing Finance Reform and Taxpayer Protection Act of 2014 - Title I: Elimination of Fannie Mae and Freddie Mac - (Sec. 101) Directs the Federal Mortgage Insurance Corporation (FMIC ) established under title II of this Act to take all steps necessary to dissolve and eliminate the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac). Revokes the charters for Fannie Mae and Freddie Mac (government sponsored enterprises [GSEs]). Title II: Federal Mortgage Insurance Corporation - (Sec. 201) Establishes the FMIC as an independent agency and instrumentality of the federal government to: facilitate a liquid, transparent, and resilient single-family and multifamily mortgage credit market by supporting a robust secondary mortgage market; provide insurance on any mortgage-backed security that satisfies requirements to become a covered security; monitor and supervise approved entities; supervise regulated entities; ensure continued, widespread availability of an affordable, long-term, fixed rate, prepayable mortgage, such as a 30-year fixed rate mortgage; and preserve and maintain a liquid forward execution market for eligible single-family mortgage loans and single-family covered securities, such as the To-Be-Announced market. Gives the FMIC general regulatory authority over each regulated entity (Fannie Mae and affiliates, Freddie Mac and affiliates, any Federal Home Loan Bank, and the Securitization Platform established under title III subtitle C part I) and the Office of Finance in the Federal Home Loan Bank System. Prohibits the FMIC from engaging in mortgage loan origination. (Sec. 202) Vests the management of the FMIC in a Board of Directors consisting of five members be appointed by the President by and with the advice and consent of the Senate. (Sec. 203) Directs the FMIC to establish an Advisory Committee to advise the Office of Consumer and Market Access and the Board of Directors on developments in the primary and secondary mortgage markets that have material effects on the ongoing mission of the FMIC. (Sec. 204) Establishes the Office of Inspector General in the FMIC, headed by an Inspector General appointed by the President by and with the advice and consent of the Senate. (Sec. 207) Directs the FMIC to establish an Office of Underwriting, an Office of Securitization, and an Office of Federal Home Loan Bank Supervision. Transfers to the Office of Federal Home Loan Bank Supervision, six months after enactment of this Act, all functions of the Federal Housing Finance Agency (FHFA) relating to: (1) the supervision of the Federal Home Loan Banks and the Federal Home Loan Bank System, and (2) all related FHFA rulemaking authority. (Sec. 208) Directs the FMIC to establish an Office of Consumer and Market Access to: administer the Market Access Fund; monitor the national, regional, and area single-family and multifamily housing finance markets to identify underserved markets, communities, and consumers in accordance with market segments; inform market participants of business practices and technical assistance regarding the housing needs of consumers in underserved communities; and study incentives to encourage mortgage lenders and mortgage originators to address the housing needs of underserved markets and communities. (Sec. 209) Directs the FMIC to establish an Office of Multifamily Housing to develop, adopt, and publish specific criteria to ensure that eligible multifamily mortgage loans that collateralize multifamily covered securities insured under this Act comply with its requirements. (Sec. 210) Directs the FMIC to seek to support the primary mortgage market for eligible mortgage loans on an equitable, nondiscriminatory, and non-exclusionary basis to help ensure that all eligible borrowers have access to mortgage credit. Requires the FMIC, by regulation, to identify and define up to eight segments of the primary mortgage market in which lenders and eligible borrowers lack equitable access to the housing finance system facilitated by the FMIC. Prohibits the FMIC from interfering with the exercise of business judgment of an approved aggregator or approved guarantor in determining which specific mortgage loans to include in a covered guarantee transaction or market-based risk-sharing transaction. (Sec. 211) Directs the FMIC to establish an Office of Taxpayer Protection to study and report to Congress: (1) semi-annually on market concentration in the secondary mortgage markets; and (2) annually on taxpayer protection, system-wide leverage in the secondary mortgage market, and early payment defaults. Title III: Duties and Responsibilities of the FMIC - Subtitle A: Duties and Authorities - (Sec. 301) Lists the principal duties of the FMIC. (Sec. 302) Directs the FMIC to develop, adopt, and publish, after notice and comment, standards for the consideration and approval of credit risk-sharing mechanisms that require that the first position of private market holders on single-family covered securities is: (1) adequate to cover losses that might be incurred in a period of economic stress; and (2) not less than 10% of the principal or face value of the single-family covered at the time of issuance. Makes it unlawful for any person intentionally to create and issue any instrument or security as a first loss position on a single-family covered security knowing, or in a position to have known, that it does not satisfy the requirements of this Act. Authorizes the FMIC to: review approved credit risk-sharing mechanisms to determine whether they continue to satisfy the considerations for approval, assess the functioning of the forward market for eligible single-family mortgage loans and single-family covered securities, suspend approval of any credit risk-sharing mechanism that does not satisfy the considerations for approval or has adversely affected the liquidity or resiliency of the forward market, develop an expedited process for reinstating the approval of any suspended credit risk-sharing mechanism; consider for approval additional fully-funded risk sharing mechanisms; and establish collateral diversification standards. Exempts from the Commodity Exchange Act certain credit risk-sharing mechanisms designed or used by a private market holder to assume losses and reduce the specific risks arising from losses realized under the mechanism associated with any insured single-family covered security. Requires the FMIC, before approving any such mechanism, to consult first with the Commodity Futures Trading Commission (CFTC). Exempts FMIC-approved credit risk-sharing mechanisms from the Securities Act of 1933 with respect to conflicts of interest relating to certain securitizations. Requires the FMIC, before approving any such mechanism, to consult first with the Securities and Exchange Commission (SEC). (Sec. 303) Directs the FMIC to insure, for a fee, the payment of principal and interest on a covered security in the event of any failure to pay on the security. Specifies requirements for the terms and conditions of insurance for single- and multi-family covered securities. Requires the FMIC to facilitate the timely and unconditional payment of principal and interest on insured covered securities by paying, in cash when due, any shortfalls in principal and interest due on the covered security. Requires the FMIC to recover the amount paid, and reasonable costs and expenses, from the servicer or guarantor. Establishes the Mortgage Insurance Fund (MI Fund) for the deposit of fees, amounts earned on investments, and specified assessment amounts. Sets forth requirements for the use and treatment of amounts in the MI Fund, including compensation of FMIC employees, establishment of the new Securitization Platform, and funding of the common securitization platform already developed by the GSEs for the FHFA, as well as reserve ratio goals. Requires the FMIC Inspector General to review any FMIC decision to insure any covered security whose payment of principal or interest, or both, the MI Fund is required to make with respect to losses incurred. Requires public disclosure of such losses. (Sec. 304) Directs the FMIC to establish limitations governing the maximum original principal obligation of eligible single-family mortgage loans that may collateralize a covered security it will insure. Specifies formulae for determining maximum loan limitation amounts for mortgage loans secured by a 1-, 2-, 3-, and 4-family residence. Directs the FMIC to establish a method of assessing a national average single-family house price for use in calculating the loan limits for eligible single-family mortgages and other appropriate averages. (Sec. 305) Authorizes the FMIC for a six-month period, when unusual and exigent circumstances have created or threaten to create an anomalous lack of credit availability within the single-family, multifamily, or entire U.S housing market that could materially and severely disrupt the functioning of the U.S. housing finance system, to: (1) provide insurance to any single-family covered security regardless of whether that security has satisfied standards for credit risk-sharing mechanisms, and (2) establish provisional standards for approved entities. Prohibits the FMIC from: (1) bailing out any approved entity (or affiliate) in bankruptcy or any other federal or state insolvency proceeding, or (2) assisting a single and specific company to avoid bankruptcy or any federal or state insolvency proceeding. Directs the FMIC to establish a timeline for approved entities to meet approval standards, and: establish a program to either sell the first loss position on covered securities to private market holders; or transfer for value to approved entities, or work with them to sell, the first lost position on covered securities that have been issued. Gives the FMIC the authority to respond to a sustained national home price decline. (Sec. 306) Sets forth general powers of the FMIC. (Sec. 307) Deems all securities insured or guaranteed by the FMIC to be exempt from regulation by the Securities and Exchange Commission (SEC). Amends the Securities Act of 1933 and the Securities Act of 1934 to exempt covered securities insured or guaranteed by the FMIC or any institution that is subject to the FMIC supervision from credit risk retention requirements. Amends the Securities Act of 1933 to exempt FMIC-approved credit risk-sharing mechanisms from certain prohibitions against conflicts of interest with respect to any investor in a transaction arising out of the sale of an asset-backed security. Amends the Securities Act of 1934 to exempt such mechanisms from credit risk retention requirements. Excludes from commodity pool coverage by the Commodity Exchange Act counterparties that enter into any swap for structuring an FMIC-approved credit-risk sharing mechanism used (or designed to be used) by a private market holder to assume losses and to reduce specific risks arising from losses realized under the mechanism that are associated with any pool of eligible mortgage loans that collateralize an insured covered security. (Sec. 308) Authorizes the FMIC to consult and share information with, and requires it to coordinate with, specified federal regulatory agencies in carrying out any duty, responsibility, requirement, or action authorized under this Act. (Sec. 309) Directs the FMIC, for each type of covered entity, to establish: (1) capital standards and related solvency standards, (2) supplemental capital requirements for large approved aggregators or large approved guarantors, (3) market share limitations for the latter entities that would take effect only in the event that the supplemental standards are insufficient to prevent or mitigate risks to the secondary mortgage market, and (4) standards for the purchase of force-placed insurance by market participants. Prescribes requirements for the use and protection of personally identifiable information. Authorizes the FMIC to establish a process and criteria for approved guarantors and approved aggregators to apply for approval to operate a cash window for the purchase of individual eligible single-family mortgage loans. (Sec. 310) Requires the FMIC, in order to protect the MI Fund and promote multiple sources of first loss positions, to seek to ensure equivalent loss absorption capacity between approved credit risk-sharing mechanisms and capital standards for approved guarantors. Subtitle B: Approval and Supervision of Approved Entities for Single-Family Activities - (Sec. 311) Directs the FMIC to develop standards for its approval of guarantors to guarantee the timely payment of principal and interest on FMIC-insured securities collateralized by eligible single-family mortgage loans. Specifies required standards, which include: (1) the financial history and condition of the guarantor, (2) a requirement that the guarantor maintain FMIC-defined capital levels, and (3) the guarantor's management capability. Details the application and FMIC approval process for mortgage guarantors meeting such standards. Requires an approved guarantor to maintain its approved status or have it suspended or revoked. Makes it unlawful for an insured depository institution or affiliate to control an approved guarantor. Directs the FMIC to: (1) maintain an updated list of such approved guarantors on its website; (2) prescribe prudential standards for approved guarantors to ensure their safety and soundness and minimize the risk presented to the MI Fund; and (3) establish capital standards that require an approved guarantor to hold 10% capital and maintain adequate solvency levels. Requires the FMIC to: (1) consider the extent, amount, and form of risk-sharing and risk mitigation through the use by approved guarantors of approved credit-risk sharing mechanisms; and (2) allow such risk-sharing and risk mitigation to fulfill required amounts of capital to ensure an equivalent amount of loss absorption capacity while maintaining an appropriate capital structure. Directs the FMIC to conduct appropriate stress tests of each approved guarantor with total assets of more than $10 billion, Grants the FMIC resolution authority to place insolvent guarantors into receivership. Requires the FMIC to prescribe regulations to ensure that any amounts owed to the United States, unless it agrees or consents otherwise, shall have priority following the administrative expenses of the receiver when satisfying unsecured claims against an approved guarantor or its receiver. Affords a hearing for applicants denied approval or approved guarantors whose approved status is suspended or revoked. Prohibits an approved guarantor from being an approved aggregator. Authorizes an approved guarantor to provide insurance or other credit enhancement on a pool of eligible single-family mortgage loans collateralizing an insured single-family covered security. Prohibits an approved guarantor from: (1) originating an eligible single-family mortgage loan; or (2) being an affiliate of a person that actively engages in the business of originating eligible single-family mortgage loans. Prohibits an approved guarantor from withholding, for any reason, payment of funds that would ensure holders of single-family covered securities receive timely payment of principal and interest on single-family covered securities. Directs the FMIC to develop a process for mediation and resolution of disputed payment amounts. (Sec. 312) Directs the FMIC to develop standards for approval of mortgage aggregators to deliver eligible single-family mortgage loans to the Securitization Platform for securitization as a single-family covered security. Specifies required standards, which include: (1) aggregating eligible single-family mortgage loans into pools; and (2) transferring investment risk and credit risk to private market participants. Details an application and FMIC approval process for mortgage aggregators similar to the one for approved guarantors, and similarly requires an approved aggregator to maintain its approved status or have it suspended or revoked. Declares that the suspension or revocation of an aggregator's approved status shall have no effect on the covered status of any security collateralized by eligible mortgage loans with which the approved aggregator contracted before the suspension or revocation. Directs the FMIC to prescribe requirements for prudential standards for approved mortgage aggregators similar to those for approved guarantors. Gives the FMIC the authority to: (1) require reports from, and examine, an approved aggregator as specified; and (2) enforce the requirements of this Act with respect to an approved aggregator, in the same manner and to the same extent as FDIC has with respect to an insured depository institution, giving the appropriate federal banking agency primary enforcement authority under certain circumstances.. Applies the following requirement to approved aggregators that are neither an insured depository institution nor an affiliate of an insured depository institution. Requires the FMIC to establish standards that require an approved aggregator to: (1) hold capital in an amount comparable to that required for insured depository institutions and their affiliates regarding their applicable aggregating activities, and (2) maintain adequate solvency levels. Sets forth FMIC stress test, hearing, and resolution authority relating to aggregators similar to that applicable to guarantors. Requires information sharing among the FMIC and federal and state banking agencies regarding an approved aggregator that is an insured depository institution (or affiliate) that: faces a material threat to its safety and soundness, including insufficient capital; may be in material violation of federal banking law, or may threaten the financial stability of the housing finance system or the MI Fund. Amends the Federal Home Loan Bank Act to allow one or more Federal Home Loan Banks to establish a subsidiary or joint office in any form under the laws of any state, subject to FMIC approval. Requires any such subsidiary or joint office established to be restricted to engaging in activities related to being an approved aggregator. Allows such Banks, subsidiaries, and joint offices to apply to become approved aggregators. Amends the Federal Home Loan Bank Act to make community development financial institutions under the Riegle Community Development and Regulatory Improvement Act of 1994 eligible to receive long-term secured advances from Federal Home Loan Banks. Declares that any covered security secured by eligible mortgage loans transferred to the Platform by a Federal Home Loan Bank or its subsidiary or joint office, acting as an approved aggregator, shall not be designated as, or considered to be, the joint and several obligations of the Federal Home Loan Banks. (Sec. 313) Directs the FMIC to develop, adopt, and publish standards for its approval of private mortgage insurers to provide private mortgage loan insurance on eligible single-family mortgage loans that collateralize single-family covered securities. Specifies mandatory standards, including: (1) the financial history and current financial condition of the private mortgage insurer, (2) the risk presented by the private mortgage insurer to the MI Fund, and (3) a requirement that the private mortgage insurer submit audited financial statements to the FMIC. Gives the appropriate state insurance regulator of an approved private mortgage insurer the primary authority to examine and supervise the approved private mortgage insurer. Authorizes the examination or review of any approved private mortgage insurer under certain circumstances, including that an approved mortgage insurer has engaged in a material violation or pattern of violations of this Act or the rules promulgated pursuant to this Act, and provides for a three-year compliance examination of approved private mortgage insurers. Sets forth FMIC examination, enforcement, resolution, and other specified authority similar to that regarding approved aggregators and guarantors. (Sec. 314) Directs the FMIC to establish standards for its approval of servicers to administer eligible single-family mortgage loans. Specifies mandatory standards, including: (1) the collection and forwarding of principal and interest payments, (2) the maintenance of escrow accounts, and (3) the collection and payment of taxes and bona fide insurance premiums. Directs the FMIC to make exceptions to, or adjustments for, requirements concerning approved servicers that service 7,500 or fewer eligible single-family mortgage loans. Amends the Real Estate Settlement Procedures Act of 1974 (RESPA) to direct the Consumer Financial Protection Bureau (CFPB) to make exceptions to, or adjustments for, requirements concerning approved servicers that service 7,500 or fewer eligible single-family mortgage loans. Requires the FMIC to maintain an updated list of approved servicers on its website. Sets forth FMIC examination, enforcement, resolution, and other specified authority similar to that regarding approved aggregators, guarantors, and private mortgage insurers. Authorizes the FMIC to require the approved servicer of any eligible single-family mortgage loan or pool of such loans to enter into a subservicing arrangement with any FMIC-approved independent specialty servicer. Directs the FMIC to develop a process by which private market holders of the first loss position in a single-family covered security may petition for a change in approved servicers. Directs the FMIC to study servicer compensation related to non-performing single-family mortgage loans and make recommendations to Congress for the optimal structure of servicer compensation. (Sec. 315) Directs the FMIC to establish: (1) the Small Lender Mutual (SLM), an approved small lender mutual owned by and operated for the benefit of its members; and (2) standards for its approval of other small lender mutuals. Requires the SLM and any other approved smaller lender mutual to: (1) address the needs of small mortgage lenders with respect to covered securities; (2) purchase from its member participants eligible mortgage loans to securitize a covered security; (3) obtain all necessary and appropriate credit enhancements for covered securities to support the lending activities of small mortgage lenders; (4) implement policies and procedures that ensure that the access rules and fees of any small lender mutual are not prohibitive, and do not discriminate against originators of eligible mortgage loans or any entity that aggregates such loans; and (5) manage the risk of the SLM appropriately. Directs FHFA to: (1) assess the intellectual property, technology, infrastructure and processes of the GSEs relating to the operation and maintenance of the systems needed to ensure small mortgage lender access to the secondary mortgage market, in order to determine the needs of the SLM; and (2) dispose of such GSE intellectual property, technology, infrastructure, and processes. Directs the GSEs to provide the initial capital necessary for the SLM to perform all its activities and functions, including the ability to operate a cash window for the purchase of individual eligible mortgage loans. Requires the SLM to repay the GSEs the amount of any initial capital required to be provided by them within seven (extendable to 10) years after the system certification date. Limits the eligibility to participate as a member in any small lender mutual to specified entities which include community development financial institutions that meet the standards established by the small member mutual and Federal Home Loan Banks. Directs the FMIC to evaluate the criteria for eligibility as a member of the SLM. Requires each small lender mutual to be a member of the Securitization Platform. Requires the board of each small lender mutual to charge and collect fees from its member participants for membership and to cover the purchase of intellectual property, any initial capital for the establishment of a cash window, and the continued operation of the small lender mutual. Authorizes reduced fees if the small lender mutual determines that they are prohibitive or discriminatory. Requires each small lender mutual to have the ability to operate a cash window for the purchase of individual eligible single-family mortgage loans. Requires the FMIC to study: (1) the access needs of small multifamily mortgage lenders to the secondary multifamily mortgage market; and (2) whether the SLM can meet such needs. Prohibits a small lender mutual from guaranteeing any mortgage loans or mortgage-backed securities. (Sec. 316) Directs the FMIC to establish capital classifications regarding the levels of capital maintained by each type of covered entity, including: well-capitalized, adequately classified, undercapitalized, significantly underclassified, and critically undercapitalized. Authorizes the FMIC to reclassify the capital classification of a covered entity in certain circumstances. Prohibits covered entities from making capital distributions if, after making one, the entity would be classified as anything other than well capitalized or adequately capitalized. Directs the FMIC to require an adequately capitalized or undercapitalized entity to submit a capital restoration plan and implement it after approval. Prohibits an undercapitalized covered entity from permitting its average total assets during any calendar quarter from exceeding its average total assets during the preceding calendar quarter, unless: (1) the FMIC has accepted its capital restoration plan, (2) any increase in total assets is consistent with the plan, and (3) the entity's ratio of capital to total assets increases during the calendar quarter at a rate sufficient to enable the covered entity to become adequately capitalized within a reasonable time. Prohibits an undercapitalized covered entity from acquiring, directly or indirectly, an interest in any entity or engage in a new activity unless certain conditions are met. Directs the FMIC to: (1) monitor closely the condition of any undercapitalized covered entity, especially compliance with its capital restoration plan, and review the plan, restrictions, and requirements periodically; and (2) require a significantly undercapitalized covered entity to submit a capital restoration plan and implement it after approval. Gives the FMIC the authority to: (1) resolve a critically undercapitalized regulated entity, and (2) resolve a failing or critically undercapitalized entity. (Sec. 317) Makes it unlawful, except with prior FMIC approval, for any person to: directly or indirectly own, control. or have the power to vote 10% of any class of voting shares of any covered entity (except as federal law requires the purchase of voting stock as a condition to participate in the entity's programs); control in any manner the election of a majority of the directors or trustees of any covered entity; exercise a controlling influence over the management or policies of any covered entity; merge or consolidate with any covered entity; or divest a covered entity, or any substantial line of business of a covered entity, into any surviving entity. Directs the FMIC to establish, according to specified standards and requirements, an application for approval of such acquisitions, mergers, consolidations, or divestitures. Prohibits an approved guarantor or approved multifamily guarantor from engaging in any activity relating to the business of insurance that has not been approved by the FMIC. Allows approved guarantors, however, to engage in any business activity unrelated to the business of insurance, subject to prior FMIC approval. Prohibits an approved guarantor or approved multifamily guarantor from entering into any arrangement with an affiliate or other person to support, guarantee, or finance any operation or activity of that affiliate. Allows a guarantor, however, to enter into any arrangement with an affiliate or other person solely to support, guarantee, or finance any operation or activity of the guarantor. Directs the FMIC to prohibit discounts made by an approved guarantor for any mortgage originator that is an investor (or affiliate of an investor) in the approved guarantor that are not otherwise available to other similar originators Subtitle C: Securitization Platform and Transparency in Market Operations - Part I: Securitization Platform - (Sec. 321) Directs the FMIC to establish the Securitization Platform as a utility owned by and operated for the benefit of its members as: (1) a nonprofit cooperative, or (2) a for-profit cooperative entity that best achieves the purposes and obligations of the Platform and serves the public interest. Directs the FMIC to regulate and supervise the Platform. Declares that the Platform shall not be an agency or instrumentality of the federal government. (Sec. 322) Vests management of the Platform in a Board of Directors, elected by Platform members upon the expiration of the term of the appointed initial Platform Directors. (Sec. 323) Prescribes application and approval requirements for persons seeking to become a member in the Platform. Authorizes Platform Directors to approve for Platform membership mortgage aggregators, mortgage guarantors, mortgage originators, Federal Home Loan Banks (or subsidiaries or joint offices), small lender mutuals, and other market participants necessary or helpful to fulfilling Platform purposes. (Sec. 324) Authorizes the Platform Directors to assess and collect membership and Platform usage fees from members. Directs Platform Directors to submit to the FMIC any fee structure proposal for initial or usage fees. (Sec. 325) Declares that the purposes of the Platform are to: purchase and receive from its members eligible mortgage loans or securities collateralized by eligible mortgage loans for securitization by issuers as covered securities; issue to its members standardized or other covered securities; purchase and receive from its members noneligible mortgage loans or securities not collateralized by eligible mortgage loans for securitization as noncovered securities; and issue to its members standardized noncovered securities, or other noncovered securities, that are not insured by the FMIC. Specifies related powers and functions of the Platform. Prohibits the Platform from guaranteeing mortgage loans or mortgage-backed securities or conducting certain other related activities. (Sec. 326) Directs the Platform Director to develop standard uniform securitization agreements, including specified terms, for all covered securities issued through the Platform. Requires all contracts for noncovered securities issued through the Platform to include a specified set of required contractual terms relating to the obligations of the parties to each contract. (Sec. 327) Directs the FMIC to develop, adopt, and publish standards for the use of collateral risk managers who may work with the Platform, as well as trustees and servicers of mortgage-backed securities to manage mortgage loan collateral. Part II: Transparency in Market Operations - (Sec. 331) Directs the FMIC to require market participants to: make available to private market investors in connection with the first loss position on a covered security all documents relating to eligible mortgage loans collateralizing that covered security and servicing reports of the approved servicer relating to such eligible mortgage loans; and disclose to investors information substantially similar to disclosures required of issuers of asset-backed securities until the covered security is fully paid, other than information that the FMIC determines is not applicable to a covered security, a particular type of covered security, or eligible mortgage loans collateralizing a covered security. Directs the FMIC also to: (1) require that all disclosures be made consistent with the antifraud requirements of the federal securities laws; and (4) establish the timing, frequency, and manner in which such access and disclosures are made. (Sec. 332) Transfers to the FMIC all functions of FHFA relating to its rights, responsibilities, and obligations pursuant to an Inter-Agency Agreement entered into by it and the CFPB with respect to the development, construction, maintenance, operation, and funding of the National Mortgage Database. (Sec. 333) Directs the FMIC to establish a working group to study: (1) whether the establishment of a national electronic mortgage registry system is necessary; and (2) how to establish, operate, and maintain a national electronic mortgage registry system for single-family mortgage loans and multifamily mortgage loans. Requires the working group to develop recommendations on the necessity for and feasibility of establishing such a system to document custody and registration of security instruments. (Sec 334) States that, with respect to the dwelling of a borrower that serves as security for an eligible mortgage loan, if the borrower enters into any credit transaction that would result in the creation of a new mortgage loan or other credit lien on the dwelling where the loan-to-value ratio of the credit transaction is 80% or more, the creditor must notify the creditor of the senior eligible mortgage loan within 30 days after consummation of the transaction. (Sec. 335) Directs the FMIC to coordinate with the CFPB to ensure that the minimum standards it issues with respect to eligible single-family mortgage loans remain, to the greatest extent possible, substantially similar to rules promulgated by the CFPB under the Truth in Lending Act, provided that any revisions to, or amendments of, such minimum standards issued by the FMIC: (1) conform to all other applicable requirements pertaining to eligible single-family mortgage loans; and (2) do not negatively impact the Fund. Title IV: FHFA and the FMIC Transition - (Sec. 402) Establishes the FHFA as a distinct entity within the FMIC. Transfers all property and functions of the existing FHFA to the FHFA of the FMIC. Amends the Federal Financial Institutions Examination Council Act of 1978 to establish within the Federal Financial Institutions Examination Council a Subcommittee on Mortgage Servicing. (Sec. 403) Transfers to the FMIC the employees of the existing FHFA. Guarantees each employee transferred a position with the same status, grade, and pay as held on the day immediately preceding the transfer. (Sec. 404) Establishes the Federal Mortgage Insurance Corporation Transition Committee to: (1) develop a plan to facilitate an orderly transition to a new housing finance system, and (2) advise the Transition Chairperson or the Board when consulted. (Sec. 405) Amends the Safety and Soundness Act to direct the FHFA to establish and collect from the GSEs, for transfer to the FMIC, annual assessments for the reasonable costs and expenses of the FMIC. (Sec. 406) Transfers to the FMIC all functions of the FHFA and its Director. (Sec. 408) Amends the Safety and Soundness Act to repeal mandatory housing goals. Requires approved entities and the Securitization Platform to comply with federal and state nondiscrimination laws, including the Fair Housing Act and the Equal Credit Opportunity Act. Requires the FMIC to comply with federal and state nondiscrimination laws. Title V: Improving Transparency, Accountability, and Efficacy Within Affordable Housing - (Sec. 501) Directs the FMIC to: (1) charge and collect a fee for each dollar of the outstanding principal balance of all eligible mortgage loans that collateralize covered securities; and (2) allocate or otherwise transfer, on an annual basis, specified percentages of such fee amounts to the Secretary of Housing and Urban Development (HUD) to fund the Housing Trust Fund established under the Safety and Soundness Act, to the Secretary of the Treasury to fund the Capital Magnet Fund established under the same Act, and to the FMIC to fund the Market Access Fund. Sets forth guidelines for the determination of fees, both the initial fee and subsequent incentive-based fees. (Sec. 502) Amends the Safety and Soundness Act to revise requirements for the Housing Trust Fund to: (1) make it a purpose of the Fund to provide grants to federally-recognized tribes; (2) repeal allocations to reimburse the Treasury for Housing Opportunities for Enhancement (HOPE) for Homeowners Program bond payments; (3) require the Secretary of HUD, acting through the Office of Native American Programs, to distribute via competitive grants certain amounts to federally recognized tribes and tribally designated housing entities; and (4) modify minimum state allocations requirements. (Sec. 503) Makes the Capital Magnet Fund available for grants to attract private capital for and increase investment in activities designed to foster revitalization in areas experiencing severe economic distress and property disinvestment in tribal (as well as rural) areas. (Sec. 504) Directs the FMIC to establish a Market Access Fund, administered by the Office of Consumer and Market Access, and funded in part by a share of fees charged for eligible mortgage loans that collateralize covered securities. Makes the Fund eligible for use by grantees to address the homeownership and rental housing needs of underserved or hard-to-serve populations. (Sec. 505) Directs the Secretary of HUD, the Secretary of the Treasury, and the Office of Community and Market Access to ensure that grant amounts allocated by grantees to eligible recipients, or allocated to individuals by eligible recipients, are not used for: (1) political activities; (2) political advocacy; (3) lobbying; (4) influencing the selection, nomination, election, or appointment of one or more candidates to any federal, state, or local office; (5) personal counseling services; (6) travel expenses; and (7) preparing or providing advice on tax returns. Prescribes penalties for violations of such prohibition. (Sec. 506) Repeals the current prohibition to allow the Government National Mortgage Association (Ginnie Mae) to securitize an insured multifamily housing loan, but only if certain conditions are met. Authorizes Ginnie Mae to guarantee the timely payment of principal of and interest on trust certificates or other securities insured under the Housing and Community Development Act of 1992. Title VI: Transition and Termination of Fannie Mae and Freddie Mac - (Sec. 601) Makes the system certification date the one that the Board of Directors of the FMIC certifies by a majority vote that: (1) the FMIC is able to undertake its duties, and (2) all minimum criteria specified by this Act with respect to the new housing finance system have been fully satisfied. Specifies the minimum criteria which the Board must consider in determining whether to certify that the new housing finance system is ready. (Sec. 602) Requires the Transition Committee established under title IV to develop a transition plan including specified elements within 12 months after enactment of this Act to facilitate an orderly transition to the new housing financing system. (Sec. 603) Makes technical revisions to authority under the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 to resolve insolvent or near-insolvent regulated entities, including the priority of expenses and unsecured claims, subrogation, and the transfer of financial contracts. (Sec. 604) Revokes GSE charters as of the date certain guarantee obligations are fully extinguished, and prescribes requirements for the FHFA to wind down of Fannie Mae and Freddie Mac. Authorizes the FMIC to insure outstanding mortgage-backed securities issued by the GSEs and facilitate their exchange for certain other mortgage-backed securities. Declares that authority to wind down the GSEs includes establishment of asset management plans and holding companies. Requires the wind down, furthermore, to be managed by the FMIC to obtain resolutions that maximize the return for the senior GSE preferred shareholders. (Sec. 605) Prohibits each GSE, until it reaches the allowable size of the retained single-family portfolio, from owning single-family mortgage loan assets at the end of each calendar year in excess of 85% of the aggregate amount it was permitted by the FMIC to own as of December 31 of the immediately preceding calendar year. Requires the FMIC, by the time the system certification date occurs, to establish an allowable amount of GSE-owned single-family mortgage loan assets necessary to facilitate: (1) the orderly wind down of the GSEs, and (2) appropriate loss mitigation on any legacy guarantees of the GSEs. (Sec. 606) Requires the Chairperson of the FMIC Board of Directors to testify annually before the appropriate congressional committees on the progress made in carrying out the requirements of this title. Requires the Comptroller General (GAO) to study and report on the transition. (Sec. 607) Authorizes the FMIC to establish provisional approval standards in order to ensure the sufficient participation of financially sound entities in the housing finance system. Prescribes a phase-in of capital standards for approved guarantors and multifamily approved guarantors. (Sec. 608) Directs the FMIC to endeavor to ensure that the MI Fund attains a reserve ration of 0.75% of the sum of the outstanding principal balance of the covered securities for which insurance is projected to be provided under this Act for the five-year period beginning on the system certification date. (Sec. 609) Requires GAO to report on the feasibility of transitioning to and creating a fully privatized secondary mortgage market. Title VII: Multifamily - (Sec. 701) Requires the FHFA Director to direct the GSEs, within one year after enactment of this Act, to develop plans to establish multifamily subsidiaries to meet expeditiously the multifamily minimum criteria required by title VI. Transfers to the respective multifamily subsidiaries all employees, functions, activities, infrastructure, property, and other intellectual property, platforms, technology, or any other object or service of the GSEs necessary to support, maintenance, and operation of the multifamily business of each GSE. Directs each GSE to contribute capital necessary to ensure that its multifamily subsidiary has sufficient capital to carry out its multifamily business. (Sec. 702) Authorizes the FHFA, on or before the system certification date, to manage the sale, transfer, or disposition for value of property, technology, platforms, and legacy systems, infrastructure and processes of a GSE relating to the operation and maintenance of its multifamily business. (Sec. 703) Sets forth administrative requirements as well as standards for FMIC approval of multifamily guarantors that are analogous to those under title III pertaining to guarantors. (Sec. 704) Requires each approved multifamily guarantor to ensure, during each calendar year, that at least 60% of the rental housing units contained in the eligible multifamily mortgage loans that collateralize all multifamily covered securities guaranteed by each such approved multifamily guarantor during the previous 24-month period were at the time of origination, affordable to low-income families. Authorizes the FMIC to suspend or adjust this requirement for an approved multifamily guarantor or guarantors under certain conditions. Directs the FMIC to study the liquidity in the market for financing certain new construction or substantial rehabilitation of mixed-income properties containing multifamily units otherwise qualified but financed by state or local tax-exempt bonds. (Sec. 705) Directs the FMIC to establish at least one pilot program administered by the Office of Multifamily Housing to test and assess methods or products designed to increase secondary mortgage market access for multifamily properties comprising not more than 50 units or with mortgages not exceeding $3 million. (Sec. 706) Directs the Office of Multifamily Housing to study the expansion to eligible multifamily mortgage loans of the Federal Home Loan Banks' Acquired Member Assets programs. (Sec. 707) Directs the FMIC to study the need, feasibility, costs and merits of creating a cooperatively-owned nonprofit multifamily issuance platform to securitize eligible multifamily mortgage loans. (Sec. 708) Amends the National Housing Act to exempt from the prohibition against transient or hotel use of housing whose mortgage is insured any short-term multifamily residential property that: (1) has more than 50 dwelling units containing a kitchen, with full refrigerator and cooking surface, and bathroom facilities; (2) provides mail boxes for each unit; (3) rents the units for a minimum stay of seven days; but (4) does not provide food or beverage services, including in-room service, daily maid services, furnishing and laundering of linen without charge, or bellhop services. Directs the Secretary of HUD to evaluate the risk of insuring such short-term residential properties. Title VIII: General requirements - (Sec. 803) Amends the Truth in Lending Act (TILA) to add definitions for: (1) mortgage loan; (2) securitized residential mortgage; and (3) servicer. Amends the RESPA to require a servicer to which the servicing of a mortgage loan has been transferred to give the borrower a statement showing: the application of all payments and charges, including the date received, as allocated to principal, interest, escrow, and other charges; the status of the loan as of the transfer date, including whether the loan is in default and whether any loss mitigation application submitted by the borrower is pending; and an itemization and explanation for all arrearages claimed to be due as of the date of the transfer. Amends TILA to prohibit, during the 60 days after the transfer of the servicing of any securitized residential mortgage loan, the imposition of any late fee on the consumer with respect to any payment on the loan; and prohibits treatment of such a payment as late for any purpose, if the transferor servicer receives the payment on or before the due date, including any grace period. Prohibits the creditor, new owner, or assignee of a mortgage loan, by itself or through its servicer, from imposing or collecting: (1) any fee not listed as having been incurred in the notice to the consumer of the transfer of servicing of a securitized residential mortgage loan, or (2) any fee incurred before the effective date of such a servicing transfer that is not disclosed on a periodic statement given the consumer before that effective date. (Sec. 804) Amends the Federal Home Loan Bank Act to authorize each Federal Home Loan Bank, at its sole discretion, to purchase investment grade securities from nonmember cooperative lenders that have received financing from the Federal Financing Bank and possess demonstrated experience in making loans to rural cooperatives. Requires these securities to be secured investments collateralized by the cooperative lender's loans. (Sec, 805) Requires the FMIC, the Secretary of HUD, the Secretary of the Treasury, the Secretary of Agriculture, the Secretary of Veterans Affairs, and the Secretary of Labor jointly to identify to Congress specific opportunities to consolidate, eliminate, or streamline similar housing assistance programs as well as opportunities for cross-agency collaboration of housing assistance efforts. Requires transfer of any administrative cost savings resulting from such consolidation, elimination, or streamlining in the amounts of 50% to the Housing Trust Fund and 50% to the General Fund for deficit reduction. (Sec. 806) Directs CFPB to review the application of TILA requirements to high-cost mortgages and reverse mortgage transactions for manufactured housing. Directs GAO to study the manufactured housing loan market.

To provide secondary mortgage market reform, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Housing Finance Reform and Taxpayer Protection Act of 2013 (b) Table of Contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Federal Mortgage Insurance Corporation Sec. 101. Establishment. Sec. 102. Director. Sec. 103. Board of Directors. Sec. 104. Office of the Inspector General. Sec. 105. Staff, experts, and consultants. Sec. 106. Reports; testimony; audits. Sec. 107. Initial funding. TITLE II—Duties, Responsibilities, and Structure of the FMIC Subtitle A—Duties and Authorities Sec. 201. Duties and responsibilities of the FMIC. Sec. 202. Standard form credit risk-sharing mechanisms, products, structures, contracts, or other security agreements. Sec. 203. Mortgage Insurance Fund. Sec. 204. Insurance. Sec. 205. Authority to protect taxpayers in unusual and exigent market conditions. Sec. 206. General powers. Sec. 207. Exemptions. Subtitle B—Oversight of market participants Sec. 211. Approval of private mortgage insurers. Sec. 212. Approval of servicers. Sec. 213. Approval of issuers. Sec. 214. Approval of bond guarantors. Sec. 215. Authority to establish FMIC Mutual Securitization Company. Sec. 216. Additional authority relating to oversight of market participants. Sec. 217. Civil money penalties. Sec. 218. Protection of privilege and other matters relating to disclosures by market participants. Subtitle C—Transparency in market operations Sec. 221. Review of loan documents; disclosures. Sec. 222. Investor immunity. Sec. 223. Uniform securitization agreements. Sec. 224. Uniform mortgage database. Sec. 225. Electronic registration of eligible mortgages. Subtitle D—FMIC Structure Sec. 231. Office of Underwriting. Sec. 232. Office of Securitization. Sec. 233. Office of Federal Home Loan Bank Supervision. TITLE III—Transfer of powers, personnel, and property to FMIC from FHFA Sec. 301. Powers and duties transferred. Sec. 302. Transfer and rights of employees of the FHFA. Sec. 303. Abolishment of FHFA. Sec. 304. Transfer of property and facilities. Sec. 305. Technical and conforming amendments. TITLE IV—Improving transparency, accountability, and efficacy within affordable housing Sec. 401. Affordable housing allocations. Sec. 402. Housing Trust Fund. Sec. 403. Capital Magnet Fund. Sec. 404. Additional taxpayer protections. TITLE V—Wind Down of Fannie Mae and Freddie Mac Sec. 501. Repeal of GSE charters. Sec. 502. Wind down. Sec. 503. Aligning purpose of conservatorship with FMIC. Sec. 504. Conforming loan limits. Sec. 505. Portfolio reduction. Sec. 506. Repeal of mandatory housing goals. TITLE VI—Improvements to functioning of housing market Sec. 601. Continuation of multifamily business of the enterprises. Sec. 602. Multiple lender issues. Sec. 603. GAO report on full privatization of secondary mortgage market. TITLE VII—General provisions Sec. 701. Authority to issue regulations. Sec. 702. Fair value accounting. Sec. 703. Rule of construction. Sec. 704. Severability. 2. Definitions As used in this Act, the following definitions shall apply: (1) Approved bond guarantor The term approved bond guarantor (2) Approved issuer The term approved issuer (A) to issue covered securities; and (B) to purchase insurance offered by the Corporation pursuant to title II on a covered security for which first loss credit enhancement has been secured. (3) Approved private mortgage insurer The term approved private mortgage insurer (4) Approved servicer The term approved servicer (5) Area The term area (A) means a metropolitan statistical area as established by the Office of Management and Budget; and (B) for purposes of paragraph (11)(A)(ii), the median 1-family house price for an area shall be equal to the median 1-family house price of the county within the area that has the highest such median price. (6) Board; Board of Directors The terms Board Board of Directors (7) Charter The term charter (A) with respect to the Federal National Mortgage Association, the Federal National Mortgage Association Charter Act (12 U.S.C. 1716 et seq.); and (B) with respect to the Federal Home Loan Mortgage Corporation, the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1451 et seq.). (8) Corporation The term Corporation (9) Covered security The term covered security (A) collateralized by eligible mortgages; (B) which is issued subject to a standard form credit-risk sharing mechanism, product, structure, contract, or other securitization agreement developed by the Corporation pursuant to title II; and (C) which is eligible for insurance by the Corporation pursuant to title II, which insurance is purchased by an approved issuer who issues covered securities. (10) Director The term Director (11) Eligible mortgage The term eligible mortgage (A) that is a residential real estate loan secured by a property with 1 to 4 single family units that has been originated in compliance with the provisions of section 1026 of title 12 of the Code of Federal Regulations, as promulgated by the Bureau of Consumer Financial Protection pursuant to section 129C(b) of the Truth in Lending Act ( 15 U.S.C. 1639c(b) Ability-to-Repay and Qualified Mortgage Rule (B) has a maximum original principal obligation amount that does not exceed the conforming loan limitation determined under section 504; (C) the outstanding principal balance of which at the time of purchase of insurance available under title II— (i) is less than 80 percent of the value of the property securing the mortgage; (ii) is not less than 80 percent but not more than 85 percent of the value of the property securing the mortgage, provided that not less than 12 percent of the unpaid principal balance of the mortgage, accounting for any downpayment required under subparagraph (D), is insured by— (I) an approved private mortgage insurer; or (II) lender recourse or other credit enhancement that— (aa) meets standards comparable to the standards required of private mortgage insurers under section 211; and (bb) is approved by the Corporation; (iii) is not less than 85 percent but not more than 90 percent of the value of the property securing the mortgage, provided that not less than 25 percent of the unpaid principal balance of the mortgage, accounting for any downpayment required under subparagraph (D), is insured by— (I) an approved private mortgage insurer; or (II) lender recourse or other credit enhancement that— (aa) meets standards comparable to the standards required of private mortgage insurers under section 211; and (bb) is approved by the Corporation; or (iv) is not less than 90 percent but not more than 95 percent of the value of the property securing the mortgage, provided that not less than 30 percent of the unpaid principal balance of the mortgage, accounting for any downpayment required under subparagraph (D), is insured by— (I) an approved private mortgage insurer; or (II) lender recourse or other credit enhancement that— (aa) meets standards comparable to the standards required of private mortgage insurers under section 211; and (bb) is approved by the Corporation; (D) having a downpayment which shall be equal to not less than 5 percent of purchase price of the property securing the mortgage; (E) that is insured by an approved State licensed title insurance company; (F) that contains such terms and provisions with respect to insurance, property maintenance, repairs, alterations, payment of taxes, default, reserves, delinquency charges, foreclosure proceedings, anticipation of maturity, additional and secondary liens, and other matters, including matters that set forth terms and provisions for establishing escrow accounts, performing financial assessments, or limiting the amount of any payment made available under the mortgage as the Corporation may prescribe; and (G) that contains such other terms or characteristics as the Corporation, in consultation with the Bureau of Consumer Financial Protection, may determine necessary or appropriate. (12) Enterprise The term enterprise (A) the Federal National Mortgage Association and any affiliate thereof; and (B) the Federal Home Loan Mortgage Corporation and any affiliate thereof. (13) Federal banking agencies The term— (A) Federal banking agency (B) Federal banking agencies (14) Federal Home Loan Bank The term Federal Home Loan Bank (15) Federal Home Loan Bank System The term Federal Home Loan Bank System (16) FMIC certification date The term FMIC certification date (17) Insured depository institution The term insured depository institution (A) an insured depository institution, as defined under section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 (B) a credit union that meets the definition of depository institution (18) Senior Preferred Stock Purchase Agreement defined The term Senior Preferred Stock Purchase Agreement (A) the Amended and Restated Senior Preferred Stock Purchase Agreement, dated September 26, 2008, as such Agreement has been amended on May 6, 2009, December 24, 2009, and August 17, 2012, respectively, and as such Agreement may be further amended and restated, entered into between the Department of the Treasury and each enterprise, as applicable; and (B) any provision of any certificate in connection with such Agreement creating or designating the terms, powers, preferences, privileges, limitations, or any other conditions of the Variable Liquidation Preference Senior Preferred Stock of an enterprise issued or sold pursuant to such Agreement. (19) Transfer date The term transfer date I Federal Mortgage Insurance Corporation 101. Establishment (a) Establishment There is hereby established the Federal Mortgage Insurance Corporation which shall have the powers hereinafter granted. (b) Purpose The purpose of the Corporation shall be to— (1) provide liquidity, transparency, and access to mortgage credit by supporting a robust secondary mortgage market and the production of residential mortgage-backed securities; and (2) protect the taxpayer from having to absorb losses incurred in the secondary mortgage market during periods of economic stress. (c) Federal Status The Corporation shall be an independent agency of the Federal Government. (d) Succession The Corporation shall have succession until dissolved by Act of Congress. (e) Principal office The Corporation shall maintain its principal office in the District of Columbia and shall be deemed, for purposes of venue in civil actions, to be a resident thereof. (f) Authority To establish other offices The Corporation may establish such other offices in such other place or places as the Corporation may deem necessary or appropriate in the conduct of its business. (g) Prohibition The Corporation shall not engage in mortgage origination. 102. Director (a) Establishment of position There is established the position of the Director of the Corporation, who shall be the head of the Corporation. (b) Appointment; term (1) Appointment The Director shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals who— (A) are citizens of the United States; and (B) have a demonstrated technical, academic, or professional understanding of, and practical, disciplinary, vocational, or regulatory experience working in, the mortgage securities markets and housing finance. (2) Term The Director shall be appointed for a term of 5 years, unless removed before the end of such term for cause by the President. (3) Vacancy (A) In general A vacancy in the position of Director that occurs before the expiration of the term for which a Director was appointed shall be filled in the manner established under paragraph (1), and the Director appointed to fill such vacancy shall be appointed only for the remainder of such term. (B) Acting Director (i) Designation by the President (I) Eligible individuals If the Senate has not confirmed a Director, the President may designate either the individual nominated, but not yet confirmed, for the position of Director or a member of the Board of Directors to serve as the Acting Director, and such Acting Director shall have all the rights, duties, powers, and responsibilities of the Director, until such time as a Director is confirmed by the Senate. (II) Limitation No individual may serve concurrently as the Acting Director of the Corporation and the Director of the Federal Housing Finance Agency. (4) Service after end of term An individual may serve as the Director after the expiration of the term for which appointed until a successor has been appointed. (5) Compensation The Director shall be compensated at the rate prescribed for level II of the Executive Schedule under section 5313 (6) Rules of construction No individual— (A) may serve concurrently as the Director of the Corporation and the Director of the Federal Housing Finance Agency; and (B) that has, at any time prior to, on, or after the date of enactment of this Act, served as the Director of the Federal Housing Finance Agency may serve as the Director of the Corporation. (c) Membership on FSOC The Dodd-Frank Wall Street Reform and Consumer Protection Act is amended— (1) in section 2, by amending paragraph (12)(E) to read as follows: (E) the Federal Mortgage Insurance Corporation, with respect to— (i) the Mortgage Insurance Fund established under title II of the Housing Finance Reform and Taxpayer Protection Act of 2013 (ii) the Federal Home Loan Banks or the Federal Home Loan Bank System. ; and (2) in section 111(b)(1)(H), by striking Director of the Federal Housing Finance Agency Chairperson of the Federal Mortgage Insurance Corporation 103. Board of Directors (a) Board of Directors (1) Voting members The management of the Corporation shall be vested in a Board of Directors consisting of 5 voting members— (A) 1 of whom shall be the Director, who shall serve as Chairperson of the Board; and (B) 4 of whom shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals who are citizens of the United States— (i) 1 of whom shall have demonstrated technical, academic, or professional understanding of, and practical, disciplinary, vocational, or regulatory experience working in, the field of asset management; (ii) 1 of whom shall have demonstrated technical, academic, or professional understanding of, and practical, disciplinary, vocational, or regulatory experience working in, mortgage insurance markets; (iii) 1 of whom shall have a demonstrated technical, academic, or professional understanding of, and practical, disciplinary, vocational, or regulatory experience working with, lenders having less than $10,000,000,000 in total assets; and (iv) 1 of whom shall have a demonstrated technical, academic, or professional understanding of, and practical, disciplinary, vocational, or regulatory experience working with, multifamily housing development. (2) Non-voting member The President shall appoint the Director of the Federal Housing Finance Agency as an additional non-voting member of the Board of Directors. The Director of the Federal Housing Finance Agency shall serve as non-voting member of the Board of Directors until such time as that position is abolished pursuant to title III. (3) Independence (A) In general Each voting member of the Board of Directors shall be independent and neutral and maintain a fiduciary relationship to the Corporation in performing his or her duties. (B) Independence determination In order to be considered independent for purposes of this paragraph, a voting member of the Board of Directors— (i) may not, other than in his or her capacity as a member of the Board of Directors or any committee thereof— (I) accept any consulting, advisory, or other compensatory fee from the Corporation; or (II) be a person associated with the Corporation or with any affiliated company thereof; and (ii) shall be disqualified from any deliberation involving any transaction of the Corporation in which the member has a financial interest in the outcome of the transaction. (4) Rule of construction No individual that has, at any time prior to, on, or after the date of enactment of this Act, served as the Director or Acting Director of the Federal Housing Finance Agency may serve as a voting member of the Board of Directors. (b) Administration Except as otherwise may provided in this Act, the Board of Directors shall administer the affairs of the Corporation fairly and impartially and without discrimination. (c) Consultation The Board of Directors may, in carrying out any duty, responsibility, requirement, or action authorized under this Act, consult with the Federal banking agencies or any individual Federal banking agency, as the Board determines necessary and appropriate. (d) Terms (1) Appointed members Each appointed voting member shall be appointed for a term of 5 years and shall serve on a full-time basis. (2) Interim appointments Any voting member appointed to fill a vacancy occurring before the expiration of the term for which such member's predecessor was appointed shall be appointed only for the remainder of such term. (3) Continuation of service The Chairperson and each appointed voting member may continue to serve after the expiration of the term of office to which such member was appointed until a successor has been appointed and qualified. (e) Vacancy A vacancy in the voting membership of the Board of Directors shall not affect the powers of the Board, and shall be filled in the manner in which the original appointment was made. (f) Voting A majority vote of all voting members of the Board of Directors is necessary to resolve all voting issues of the Corporation. (g) Meetings The Board of Directors shall meet in accordance with the bylaws of the Corporation— (1) at the call of the Chairperson; and (2) not less frequently than once each month. (h) Quorum Three voting members of the Board of Directors then in office shall constitute a quorum. (i) Bylaws A majority of the voting members of the Board of Directors may amend the bylaws of the Corporation. (j) Attendance Members of the Board of Directors may attend meetings of the Corporation and vote in person, via telephone conference, or via video conference. (k) Ineligibility for other offices during service (1) In general No voting member of the Board of Directors may during the time such member is in office— (A) be an officer or director of any insured depository institution, depository institution holding company, Federal Reserve bank, Federal home loan bank, approved servicer, approved private mortgage insurer, institution that originates eligible mortgages, or institution that issues a covered security; or (B) hold stock or a controlling interest in any insured depository institution or depository institution holding company, approved servicer, approved private mortgage insurer, institution that originates eligible mortgages, or institution that issues a covered security. (2) Certification Upon taking office, each voting member of the Board of Directors shall certify under oath that such member has complied with this subsection and such certification shall be filed with the secretary of the Board of Directors. (l) Status of employees (1) In general A director, member, officer, or employee of the Corporation has no liability under the Securities Act of 1933 (15 U.S.C. 77a et seq.) with respect to any claim arising out of or resulting from any act or omission by such person within the scope of such person's employment in connection with any transaction involving the Corporation. This subsection shall not be construed to limit personal liability for criminal acts or omissions, willful or malicious misconduct, acts or omissions for private gain, or any other acts or omissions outside the scope of such person's employment. (2) Effect on other law (A) In general This subsection does not affect— (i) any other immunities and protections that may be available to such person under applicable law with respect to such transactions; or (ii) any other right or remedy against the Corporation, against the United States under applicable law, or against any person other than a person described in paragraph (1) participating in such transactions. (B) Rule of construction This subsection shall not be construed to limit or alter in any way the immunities that are available under applicable law for Federal officials and employees not described in this subsection. 104. Office of the Inspector General (a) Office of Inspector General (1) In general There is established the Office of the Inspector General of the Federal Mortgage Insurance Corporation. The head of the Office of the Inspector General of the Federal Mortgage Insurance Corporation is the Inspector General of the Federal Mortgage Insurance Corporation (in this section referred to as the Inspector General (2) Additional responsibilities In addition to carrying out the requirements established under the Inspector General Act of 1978 (5 U.S.C. App.), the Inspector General shall— (A) conduct, supervise, and coordinate audits and investigations relating to the programs and operations of the Corporation— (i) to ensure that the first loss position that the Corporation requires of private market holders of covered securities insured under this Act is adequate to cover losses that might be incurred as a result of adverse economic conditions, wherein such conditions are generally consistent with the economic conditions, including national home price declines, observed in the United States during moderate to severe recessions experienced during the last 100 years; and (ii) with respect to the— (I) oversight and supervision of the Federal Home Loan Banks and the Federal Home Loan Bank System; and (II) the contracting practices and procedures of the Corporation; and (B) recommend policies for the purpose of addressing any deficiencies, inefficiencies, gaps, or failures in the administration of such programs and operations. (3) Inspector General report; report of independent actuary Beginning 1 year after the FMIC certification date, and annually thereafter, the Inspector General and an independent actuary contracted for by the Director shall each conduct an examination and issue a separate report regarding— (A) the adequacy of insurance fees charged by the Board of Directors under title II; and (B) the adequacy of the Mortgage Insurance Fund established under title II. (b) Amendments to Inspector General Act of 1978 Section 11 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in paragraph (1), by inserting Chairperson of the Federal Mortgage Insurance Corporation; the Director of the Federal Housing Finance Agency; (2) in paragraph (2), by inserting the Federal Mortgage Insurance Corporation, the Federal Housing Finance Agency, (c) Compensation The annual rate of basic pay of the Inspector General shall be the annual rate of basic pay provided for positions at level III of the Executive Schedule under section 5314 105. Staff, experts, and consultants (a) Compensation (1) In general The Board of Directors may appoint and fix the compensation of such officers, attorneys, economists, examiners, and other employees as may be necessary for carrying out the functions of the Corporation. (2) Rates of pay Rates of basic pay and the total amount of compensation and benefits for all employees of the Corporation may be— (A) set and adjusted by the Board of Directors without regard to the provisions of chapter 51 or subchapter III of chapter 53 (B) reasonably increased, notwithstanding any limitation set forth in paragraph (3), if the Board of Directors determines such increases are necessary to attract and hire qualified employees. (3) Parity The Board of Directors may provide additional compensation and benefits to employees of the Corporation, of the same type of compensation or benefits that are then being provided by any agency referred to under section 1206 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1833b) or, if not then being provided, could be provided by such an agency under applicable provisions of law, rule, or regulation. In setting and adjusting the total amount of compensation and benefits for employees, the Board of Directors shall consult with and seek to maintain comparability with the agencies referred to under section 1206 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ( 12 U.S.C. 1833b (b) Detail of government employees Upon the request of the Board of Directors, any Federal Government employee may be detailed to the Corporation without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (c) Experts and consultants The Board of Directors may procure the services of experts and consultants as the Board considers necessary or appropriate. (d) Technical and professional advisory committees The Board of Directors may appoint such special advisory, technical, or professional committees as may be useful in carrying out the functions of the Corporation. 106. Reports; testimony; audits (a) Reports (1) In general The Corporation shall submit, on an annual basis, to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a written report of its operations, activities, budget, receipts, and expenditures for the preceding 12-month period. (2) Contents of report The report required under subsection (a) shall include an analysis of— (A) with respect to the Mortgage Insurance Fund established under section 203— (i) the current financial condition of the Mortgage Insurance Fund; (ii) the exposure of the Mortgage Insurance Fund to changes in those economic factors most likely to affect the condition of that fund; (iii) a current estimate of the resources needed for the Mortgage Insurance Fund to achieve the purposes of this Act; and (iv) any findings, conclusions, and recommendations for legislative and administrative actions considered appropriate to the future activities of the Corporation; (B) the secondary mortgage market, the housing market, and the economy, including through use of stress tests, and how such analysis was used to determine and set the reserve ratio for the Mortgage Insurance Fund for the preceding 12-month period; (C) whether or not the actual reserve ratio of the Mortgage Insurance Fund met— (i) the reserve ratio set for the preceding 12-month period; or (ii) the reserve ratio goals established in section 203(e); (D) how the Corporation intends to ensure that the goals set for the reserve ratio for the Mortgage Insurance Fund are to be met and maintained for the next 12-month period, and such analysis shall include a detailed and descriptive plan of the actions that the Corporation intends to take pursuant to its authorities under this Act; (E) how the Corporation has provided liquidity, transparency, and access to mortgage credit in its support of a robust secondary mortgage market and the production of residential mortgage-backed securities; (F) the state of the private label mortgage-backed securities market, and such analysis shall include the submission of a reasonable set of administrative, regulatory, and legislative proposals on how to limit the Federal Government's footprint in the secondary mortgage market; (G) the effect that further decreases in loan limits would have on the secondary mortgage market, the housing market, and the economy; and (H) the state of the global covered bond market. (b) Testimony The Chairperson of the Corporation, on a biannual basis, shall provide testimony to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. (c) Audit of Corporation (1) Annual audit The Comptroller General of the United States shall annually audit the financial transactions of the Corporation in accordance with the United States generally accepted government auditing standards as may be prescribed by the Comptroller General. (2) Place of audit The audit required under this subsection shall be conducted at the place or places where accounts of the Corporation are normally kept. (3) Access The representatives of the Comptroller General shall have access to the personnel and to all books, accounts, documents, papers, records (including electronic records), reports, files, and all other papers, automated data, or property belonging to or under the control of or used or employed by the Corporation pertaining to its financial transactions and necessary to facilitate the audit required under this subsection, and such representatives shall be afforded full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians. (4) Possession and custody All such books, accounts, documents, records, reports, files, papers, and property of the Corporation used to carry out the audit required under this subsection shall remain in the possession and custody of the Corporation. (5) Permissible duplication The Comptroller General may obtain and duplicate any such books, accounts, documents, records, working papers, automated data and files, or other information relevant to such audit without cost to the Comptroller General and the Comptroller General’s right of access to such information shall be enforceable pursuant to section 716(c) (6) Report (A) Submission to Congress The Comptroller General shall submit to Congress a report of each annual audit conducted under this subsection. (B) Required content The report to Congress required under subparagraph (A) shall— (i) set forth the scope of the audit; and (ii) include— (I) the statement of assets and liabilities and surplus or deficit; (II) the statement of income and expenses; (III) the statement of sources and application of funds; and (IV) such comments and information as the Comptroller General may deem necessary to inform Congress of the financial operations and condition of the Corporation, together with such recommendations with respect thereto as the Comptroller General may deem advisable. (C) Copies A copy of each report required under subparagraph (A) shall be furnished to the President and to the Chairperson of the Corporation at the time such report is submitted to the Congress. (7) Assistance and costs (A) Permitted use of outside assistance For the purpose of conducting an audit under this subsection, the Comptroller General may employ by contract, without regard to section 3709 of the Revised Statutes of the United States (41 U.S.C. 5), professional services of firms and organizations of certified public accountants for temporary periods or for special purposes. (B) Cost of audit covered by Corporation (i) In general Upon the request of the Comptroller General, the Chairperson of the Corporation shall transfer to the Comptroller General from funds available, the amount requested by the Comptroller General to cover the reasonable costs of any audit and report conducted by the Comptroller General pursuant to this subsection. (ii) Credit of funds The Comptroller General shall credit funds transferred under clause (i) to the account at the Treasury established for salaries and expenses of the Government Accountability Office, and such amounts shall be available upon receipt and without fiscal year limitation to cover the full costs of the audit and report. 107. Initial funding (a) In general Section 1316 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4516) is amended by adding at the end the following: (i) Annual assessments relating to initial funding of the FMIC Notwithstanding title V of the Housing Finance Reform and Taxpayer Protection Act of 2013 Housing Finance Reform and Taxpayer Protection Act of 2013 . (b) Treatment of assessments (1) Deposit Amounts received by the Corporation from assessments imposed under section 1316(i) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 shall be deposited by the Corporation in the manner provided in section 5234 of the Revised Statutes of the United States ( 12 U.S.C. 192 (2) Not government funds The amounts received by the Corporation from any assessment imposed under section 1316(i) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 shall not be construed to be Government or public funds or appropriated money. (3) No apportionment of funds Notwithstanding any other provision of law, the amounts received by the Corporation from any assessment imposed under section 1316(i) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 shall not be subject to apportionment for the purpose of chapter 15 (4) Use of funds (A) In general The Corporation may use any amounts received from assessments imposed under section 1316(i) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992— (i) for compensation of the employees of the Corporation; and (ii) for all other expenses of the Corporation. (B) Treasury investments The Corporation may request the Secretary of the Treasury to invest such portions of amounts received from assessments imposed under section 1316(i) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 that, in the discretion of the Corporation, are not required to meet the current working needs of the Corporation. (C) Government obligations Pursuant to a request under subparagraph (B), the Secretary of the Treasury shall invest such amounts in Government obligations— (i) guaranteed as to principal and interest by the United States with maturities suitable to the needs of the Corporation; and (ii) bearing interest at a rate determined by the Secretary of the Treasury taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturity. II Duties, Responsibilities, and Structure of the FMIC A Duties and Authorities 201. Duties and responsibilities of the FMIC (a) Duties The principal duties of the Corporation shall be to— (1) carry out this Act in a manner that— (A) minimizes any potential long-term negative cost on the taxpayer; and (B) ensures, to the maximum extent possible— (i) a liquid and resilient housing finance market; and (ii) the availability of mortgage credit; (2) develop standard form credit risk-sharing mechanisms, products, structures, contracts, or other security agreements that require private market holders of a covered security insured under this Act to assume the first loss position with respect to losses incurred on such securities; (3) provide insurance on any covered security for which private market holders of such security have assumed the first loss position with respect to losses that may be incurred on such security in order to provide a liquid and resilient housing finance market; (4) provide leadership to the housing finance market to help ensure that all geographic locations have access to mortgage credit; (5) charge and collect fees in exchange for providing such insurance, whereby such fees shall be sufficient to protect the taxpayer from the risk of providing such insurance and to fund the activities and operations of the Corporation; (6) establish and maintain a Mortgage Insurance Fund; (7) facilitate securitization of eligible mortgages originated by credit unions and community and mid-size banks without securitization capabilities; (8) ensure discipline and integrity in the market for covered securities by setting standards for the approval of private mortgage insurers, servicers, issuers, and bond guarantors; (9) establish, operate, and maintain a database for the collection, public use, and dissemination of uniform loan level information on eligible mortgages; (10) develop, adopt, and publish standard uniform securitization agreements for covered securities; (11) establish, operate, and maintain an electronic registry system for eligible mortgages that collateralize covered securities insured under this Act; (12) oversee and supervise the common securitization platform developed by the business entity announced by the Federal Housing Finance Agency and established by the enterprises; and (13) ensure that credit unions and community and mid-size banks— (A) have equal access to any such common securitization platform and any other securitization platforms; and (B) are not, in their access or use of such platforms, discriminated against through discounts for volume pricing or other mechanisms. (b) Scope of authority The authority of the Corporation shall include the authority to exercise such incidental powers as may be necessary or appropriate to fulfill the duties and responsibilities of the Corporation set forth under subsection (a). (c) Delegation of authority The Board of Directors may delegate to officers and employees of the Corporation any of the functions, powers, or duties of the Corporation, as the Board of Directors determines appropriate. 202. Standard form credit risk-sharing mechanisms, products, structures, contracts, or other security agreements (a) Requirements; share of loss; diversity Pursuant to section 201(a)(2), the Corporation shall develop standard form credit-risk sharing mechanisms, products, structures, contracts, or other security agreements which shall require that the first loss position of private market holders of a covered security insured under this Act— (1) is adequate to cover losses that might be incurred as a result of adverse economic conditions, wherein such conditions are generally consistent with the economic conditions, including national home price declines, observed in the United States during moderate to severe recessions experienced during the last 100 years; and (2) is not less than 10 percent of the principal or face value of the covered security. (b) Development window for risk-Sharing mechanisms (1) In general The Corporation shall complete the development and implementation of the mechanisms, products, structures, contracts, or other security agreements required under subsection (a) not later than 5 years after the date of enactment of this Act. (2) Examination of various mechanisms In developing the mechanisms, products, structures, contracts, or other security agreements required under subsection (a), the Corporation shall— (A) examine proposals that include a senior-subordinated deal structure, credit-linked structures, and the use of regulated guarantors with sufficient equity capital to absorb losses associated with moderate or severe economic downturns; (B) consider any risk-sharing mechanisms, products, structures, contracts, or other security agreements undertaken by the business entity announced by the Federal Housing Finance Agency and established by the enterprises to provide a common securitization platform for issuers in the secondary mortgage market; (C) consider how each proposed mechanism, product, structure, contract, or other security agreement— (i) minimizes any potential long-term negative cost to the taxpayer; (ii) impacts the availability of mortgage credit for— (I) small financial institutions, such as credit unions and community and mid-size banks; and (II) consumers; (iii) influences mortgage affordability; (iv) allows for loan modifications and foreclosure prevention alternatives; (v) interacts with the To-Be-Announced market; and (vi) facilitates market liquidity and resiliency; and (D) ensure that lenders of all sizes and from all geographic locations, including rural locations, have equitable access to secondary mortgage market financing. (3) Report (A) In general Not later than 1 year after the date of enactment of this Act, and annually thereafter until the end of the 5-year period provided in paragraph (1), the Corporation shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives that— (i) details the benefits and drawbacks of each mechanism, product, structure, contract, or other security agreement that the Director considered in carrying out the requirement of this section; (ii) describes the operation and execution of any mechanisms, products, structures, contracts, or other security agreements that the Director determines best fulfills the requirements of this section; and (iii) explains how the Corporation arrived at the determination made under clause (ii). (B) Subsequent reports After the expiration of the 5-year period provided in paragraph (1) and the submission of the report required under subparagraph (A), each time the Corporation develops an additional standard form credit risk-sharing mechanism, product, structure, contract, or other security agreement that fulfills the requirements of this section, the Corporation shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives addressing the identical concerns set forth under clauses (i) through (iii) of subparagraph (A). 203. Mortgage Insurance Fund (a) Establishment There is established the Mortgage Insurance Fund, which the Corporation shall— (1) maintain and administer; and (2) use to cover losses incurred on covered securities insured under this Act, when such losses exceed the first position losses absorbed by private market holders of such securities. (b) Deposits The Mortgage Insurance Fund shall be credited with any— (1) insurance fee amounts required to be deposited in the Fund under this section; (2) guarantee fee amounts collected under section 601; and (3) amounts earned on investments pursuant to subsection (h). (c) Fiduciary responsibility The Corporation has the responsibility to ensure that the Mortgage Insurance Fund remains financially sound. (d) Use (1) In general The Mortgage Insurance Fund shall be solely available to the Corporation for use by the Corporation to carry out the functions authorized by this Act and may not be used or otherwise diverted to cover any other expense of the Federal Government. (2) Exemption from apportionment Notwithstanding any other provision of law, amounts received by the Mortgage Insurance Fund pursuant to any fees collected under this section shall not be subject to apportionment for the purposes of chapter 15 of title 31, United States Code, or under any other authority. (e) Reserve ratio goals for Mortgage Insurance Fund The Corporation shall endeavor to ensure that the Mortgage Insurance Fund attains a reserve balance— (1) of 1.25 percent of the sum of the outstanding principal balance of the covered securities for which insurance is being provided under this title within 5 years of the FMIC certification date, and to strive to maintain such ratio thereafter, subject to subparagraph (B); and (2) of 2.50 percent of the sum of the outstanding principal balance of the covered securities for which insurance is being provided under this title within 10 years of the FMIC certification date, and to strive to maintain such ratio at all times thereafter. (f) Maintenance of reserve ratio; establishment of fees (1) Establishment of fees The Corporation shall charge and collect a fee, and may in its discretion increase or decrease such fee, in connection with any insurance provided under this title to— (A) achieve and maintain the reserve ratio goals established under subsection (e); (B) achieve such reserve ratio goals, if the actual balance of such reserve is below the goal amounts established under subsection (e); and (C) fund the operations of the Corporation. (2) Fee considerations In exercising the authority granted under paragraph (1), the Corporation shall consider— (A) the expected operating expenses of the Mortgage Insurance Fund; (B) the risk of loss to the Mortgage Insurance Fund in carrying out the requirements under this Act; (C) the risk presented by, and the loss absorption capacity of, the credit enhancement that is provided on the pool of eligible mortgages collateralizing the covered security to be insured under this title; (D) economic conditions generally affecting the mortgage markets; (E) the extent to which the reserve ratio of the Mortgage Insurance Fund met— (i) the reserve ratio set for the preceding 12-month period; or (ii) the reserve ratio goals established in subsection (e); and (F) any other factor that the Corporation determines appropriate. (3) Fee Uniformity The fee required under paragraph (1)— (A) shall be set at a uniform amount applicable to all institutions purchasing insurance under this title; (B) may not vary— (i) by geographic location; or (ii) by the size of the institution to which the fee is charged; and (C) may not be based on the volume of insurance to be purchased by an approved issuer. (4) Deposit into Mortgage Insurance Fund Any fee amounts collected under this subsection shall be deposited in the Mortgage Insurance Fund. (g) Full Faith and Credit The full faith and credit of the United States is pledged to the payment of all amounts from the Mortgage Insurance Fund which may be required to be paid under any insurance provided under this title. (h) Investments Amounts in the Mortgage Insurance Fund that are not otherwise employed— (1) shall be invested in obligations of the United States; and (2) may not be invested in any covered security insured under this Act. 204. Insurance (a) Authority The Corporation shall, upon application and in exchange for a fee in accordance with section 203(f), insure the payment of principal and interest on a covered security with respect to losses that may be incurred on such security. (b) Precondition; ensuring placement of first loss capital The Corporation shall develop standards and processes to ensure that prior to making any commitment to provide insurance under this section that private market holders have taken first loss position in a covered security and that such holders have sufficient capital to cover their risk-sharing obligations. (c) Cash payments; continued operations In the event of a payment default on an eligible mortgage that collateralizes a covered security insured under this section that exceeds the first loss position assumed by a private market holder or that, in the case of an approved bond guarantor, if the guarantor has become insolvent, the Corporation shall— (1) pay, in cash when due, any shortfalls in payment of principal and interest under the eligible mortgage; and (2) continue to charge and collect any fees for the provision of insurance (in accordance with section 203(f)) relating to the covered security. (d) Full faith and credit The full faith and credit of the United States is pledged to the payment of all amounts which may be required to be paid under any insurance provided under this section. (e) Prohibition on Federal assistance Notwithstanding any other provision of law, no Federal funds may be used to purchase or guarantee obligations of, issue lines of credit to, provide direct or indirect access to any financing provided by the United States Government to, or provide direct or indirect grants and aid to any private market holder of the first loss position on a covered security which, on or after the date of enactment of this Act, has defaulted on its obligations, is at risk of defaulting, or is likely to default, absent such assistance from the United States Government. 205. Authority to protect taxpayers in unusual and exigent market conditions (a) In general If the Corporation, upon the written agreement of the Chairman of the Board of Governors of the Federal Reserve System and the Secretary of the Treasury, and in consultation with the Secretary of Housing and Urban Development, determines that unusual and exigent circumstances have created or threatened to create an anomalous lack of mortgage credit availability within the housing markets that could materially and severely disrupt the functioning of the housing finance system of the United States, the Corporation may, for a period not to exceed 6 months, provide insurance in accord with section 204 to any covered security regardless of whether such security has satisfied the requirements of section 202(a). (b) Considerations In exercising the authority granted under subsection (a), the Corporation shall consider the severity of the conditions present in the housing markets and the risks presented to the Mortgage Insurance Fund in exercising such authority. (c) Limitation The authority granted to the Corporation under subsection (a) may not be exercised more than once in any given 3-year period. 206. General powers (a) Corporate powers The Federal Mortgage Insurance Corporation shall have power— (1) to adopt, alter, and use a corporate seal, which shall be judicially noticed; (2) to enter into and perform contracts, leases, cooperative agreements, or other transactions, on such terms as it may deem appropriate, with any agency or instrumentality of the United States, or with any State, Territory, or possession, or the Commonwealth of Puerto Rico, or with any political subdivision thereof, or with any person, firm, association, or corporation; (3) to execute, in accordance with its bylaws, all instruments necessary or appropriate in the exercise of any of its powers; (4) in its corporate name, to sue and to be sued, and to complain and to defend, in any court of competent jurisdiction, State or Federal, but no attachment, injunction, or other similar process, mesne or final, shall be issued against the property of the Corporation; (5) to conduct its business without regard to any qualification or similar statute in any State of the United States, including the District of Columbia, the Commonwealth of Puerto Rico, and the Territories and possessions of the United States; (6) to lease, purchase, or acquire any property, real, personal, or mixed, or any interest therein, to hold, rent, maintain, modernize, renovate, improve, use, and operate such property, and to sell, for cash or credit, lease, or otherwise dispose of the same, at such time and in such manner as and to the extent that it may deem necessary or appropriate; (7) to prescribe, repeal, and amend or modify, rules, regulations, or requirements governing the manner in which its general business may be conducted; (8) to accept gifts or donations of services, or of property, real, personal, or mixed, tangible, or intangible, in aid of any of its purposes; and (9) to do all things as are necessary or incidental to the proper management of its affairs and the proper conduct of its business. (b) Expenditures Except as may be otherwise provided in this title, in chapter 91 (c) Exemption from certain taxes The Corporation, including its franchise, capital, reserves, surplus, mortgages or other security holdings, and income shall be exempt from all taxation now or hereafter imposed by the United States, by any territory, dependency, or possession thereof, or by any State, county, municipality, or local taxing authority, except that any real property of the Corporation shall be subject to State, territorial, county, municipal, or local taxation to the same extent according to its value as other real property is taxed. (d) Exclusive use of name No individual, association, partnership, or corporation, except the bodies corporate named under section 101, shall hereafter use the words Federal Mortgage Insurance Corporation (e) Fiscal agents The Federal Reserve banks are authorized and directed to act as depositories, custodians, and fiscal agents for each of the bodies corporate named in section 101, for its own account or as fiduciary, and such banks shall be reimbursed for such services in such manner as may be agreed upon; and each of such bodies corporate may itself act in such capacities, for its own account or as fiduciary, and for the account of others. 207. Exemptions (a) Securities exempt from SEC regulation (1) In general All covered securities insured or guaranteed by the Corporation shall, to the same extent as securities that are direct obligations of or obligations guaranteed as to principal or interest by the United States, be deemed to be exempt securities within the meaning of the laws administered by the Securities and Exchange Commission. (2) Conforming amendment The first sentence of section 3(a)(2) of the Securities Act of 1933 ( 15 U.S.C. 77c(a)(2) or any covered security, as such term is defined under section 2(9) of the Housing Finance Reform and Taxpayer Protection Act of 2013 Federal Reserve bank; (b) QRM exemption Section 15G(e) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o–11(e) (1) in paragraph (3)(B)— (A) by striking Association, the Association and the (B) by striking and the Federal home loan banks (2) by adding at the end the following: (7) Covered securities insured by the Federal Mortgage Insurance Corporation Notwithstanding any other provision of this section, the requirements of this section shall not apply to any covered security, as such term is defined under section 2(9) of the Housing Finance Reform and Taxpayer Protection Act of 2013 . B Oversight of market participants 211. Approval of private mortgage insurers (a) Standards for approval of private mortgage insurers (1) In general The Corporation shall develop, adopt, and publish standards for the approval by the Corporation of private mortgage insurers to provide private mortgage insurance on eligible mortgages. (2) Required standards The standards required under paragraph (1) shall include— (A) the financial history and condition of the insurer; (B) the adequacy of the insurer's capital structure, including whether the insurer has sufficient capital to cover the first loss insurance obligations it assumes under this Act and that might be incurred in a period of economic stress, including, but not limited to, any period of economic stress that would result in a 30 percent (or greater) national home price decline; (C) the general character and fitness of the management of the insurer, including compliance history with Federal and State laws; (D) the risk presented by such insurer to the Mortgage Insurance Fund; (E) the adequacy of insurance and fidelity coverage of the insurer; (F) a requirement that the insurer submit audited financial statements to the Director; and (G) any other standard the Corporation determines necessary or appropriate. (b) Application and approval (1) Application process The Corporation shall establish an application process, in such form and manner and requiring such information as the Corporation may require, for the approval of private mortgage insurers under this section. (2) Approval The Corporation may approve any application made pursuant to paragraph (1) provided the private mortgage insurer meets the standards adopted under subsection (a). (3) Publication The Corporation shall— (A) publish in the Federal Register a list of newly approved private mortgage insurers; and (B) maintain an updated list of approved private mortgage insurers on the website of the Corporation. (c) Review, suspension, and revocation of approved status (1) In general The Corporation may review the status of any approved private mortgage insurer if the Corporation is notified of or becomes aware of any violation by the insurer of this Act or the rules promulgated pursuant to this Act. (2) Suspension or Revocation (A) Corporation authority If the Corporation determines, in a review pursuant to paragraph (1), that an approved private mortgage insurer no longer meets the standards for approval, the Corporation may suspend or revoke the approved status of such insurer. (B) Rule of construction The suspension or revocation of an approved private mortgage insurer's approved status under this paragraph shall have no effect on the status of any covered security. (3) Publication The Corporation shall— (A) publish in the Federal Register a list of any approved private mortgage insurers who lost their approved status; and (B) maintain an updated list of such insurers on the website of the Corporation. (d) Appeals (1) In general (A) Appeals of denials of application A private mortgage insurer who submits an application under subsection (b)(1) to become an approved private mortgage insurer may appeal a decision of the Corporation denying such application. (B) Appeals of denials of benefits or suspensions of participation An approved private mortgage insurer may appeal a decision of the Corporation suspending or revoking the approved status of such insurer. (2) Filing of appeal Any insurer who files an appeal under paragraph (1) shall file the appeal with the Corporation not later than 90 days after the date on which the person receives notice of the decision of the Corporation being appealed. (3) Final determination The Corporation shall make a final determination with respect to an appeal under paragraph (1) not later than 180 days after the date on which the appeal is filed under paragraph (2). (e) Avoidance of conflicts of interest With respect to any eligible mortgage collateralizing a covered security insured under this Act, an approved private mortgage insurer may not provide insurance both— (1) in satisfaction of the credit enhancement required under section 2(11)(C); and (2) to cover the first loss position of private market holders of such covered security. 212. Approval of servicers (a) Standards for approval of servicers (1) In general The Corporation shall develop, adopt, and publish standards for the approval by the Corporation of servicers to administer eligible mortgages, including standards with respect to— (A) the collection and forwarding of principal and interest payments; (B) the maintenance of escrow accounts; (C) the collection and payment of taxes and insurance premiums; (D) the maintenance of records on eligible mortgages; (E) the establishment of foreclosure loss mitigation programs that seek to enhance investor value and prevent, to greatest extent possible, the need to trigger any claim on insurance offered by the Corporation pursuant to this title; (F) the advancement of principal and interest payments to investors in the case of a delinquency by a borrower until such time as the borrower has made all payments in arrears or the property securing the eligible mortgage has been liquidated; and (G) implementing the terms of any loss mitigation and foreclosure prevention as required by a uniform securitization agreement developed under section 223. (2) Additional required standards The standards required under paragraph (1) shall also include— (A) the financial history and condition of the servicer; (B) the general character and fitness of the management of the servicer, including compliance history with Federal and State laws; (C) the risk presented by such servicer to the Mortgage Insurance Fund; (D) a requirement that the servicer submit audited financial statements to the Corporation; and (E) any other standard the Corporation determines necessary or appropriate. (3) Coordination with other regulators In developing the standards required under paragraph (1), the Corporation shall— (A) coordinate with the Bureau of Consumer Financial Protection; and (B) to the extent the Corporation determines practical and appropriate, shall coordinate with the other Federal banking agencies. (b) Application and approval (1) Application process The Corporation shall establish an application process— (A) in such form and manner and requiring such information as the Corporation may require, for the approval of servicers under this section; and (B) that does not discriminate against or otherwise disadvantage small servicers. (2) Approval The Corporation may approve any application made pursuant to paragraph (1) provided the servicer meets the standards adopted under subsection (a). (3) Publication The Corporation shall— (A) publish in the Federal Register a list of newly approved servicers; and (B) maintain an updated list of approved servicers on the website of the Corporation. (c) Review, suspension, and revocation of approved status (1) In general The Corporation may review the status of any approved servicer if the Corporation is notified of or becomes aware of any violation by the servicer of this Act or the rules promulgated pursuant to this Act, including any failure by an approved servicer to comply with terms set forth in any uniform securitization agreement developed under section 223. (2) Suspension or Revocation (A) Corporation authority If the Corporation determines, in a review pursuant to paragraph (1), that an approved servicer no longer meets the standards for approval, the Corporation may suspend or revoke the approved status of such servicer. (B) Rule of construction The suspension or revocation of an approved servicer's approved status under this paragraph shall have no effect on the status of any covered security. (3) Publication The Corporation shall— (A) publish in the Federal Register a list of any approved servicers who lost their approved status; and (B) maintain an updated list of such servicers on the website of the Corporation. (d) Appeals (1) In general (A) Appeals of denials of application A servicer who submits an application under subsection (b)(1) to become an approved servicer may appeal a decision of the Corporation denying such application. (B) Appeals of denials of benefits or suspensions of participation An approved servicer may appeal a decision of the Corporation suspending or revoking the approved status of such servicer. (2) Filing of appeal Any servicer who files an appeal under paragraph (1) shall file the appeal with the Corporation not later than 90 days after the date on which the person receives notice of the decision of the Corporation being appealed. (3) Final determination The Corporation shall make a final determination with respect to an appeal under paragraph (1) not later than 180 days after the date on which the appeal is filed under paragraph (2). (e) Petitions for change of servicer by private market holders The Corporation shall develop a process by which private market holders of the first loss position in a covered security may petition the Corporation for a change in approved servicers if the private market holders can demonstrate that their current approved servicer has failed to appropriately protect their investment, including by failing to meet any standard identified under subsection (a)(1). 213. Approval of issuers (a) Standards for approval of issuers (1) In general The Corporation shall develop, adopt, and publish standards for the approval by the Corporation of issuers to issue covered securities, including standards with respect to an issuer's ability to— (A) aggregate eligible mortgage loans into pools; (B) securitize eligible mortgage loans for sale to private investors as a covered security; (C) transfer investment risk and credit to private market participants in accordance with the risk-sharing mechanisms developed by the Corporation under section 202; (D) ensure equitable access to the secondary mortgage market for covered securities for all institutions regardless of size or geographic location; (E) create mechanisms for multi-lender pools; and (F) ensure that eligible mortgage loans that collateralize a covered security insured under this title are originated in compliance with the requirements of this Act. (2) Additional required standards The standards required under paragraph (1) shall also include— (A) the financial history and condition of the issuer; (B) the adequacy of the capital structure of the issuer; (C) the general character and fitness of the management of the issuer, including compliance history with Federal and State laws; (D) the risk presented by such issuer to the Mortgage Insurance Fund; (E) the adequacy of insurance and fidelity coverage of the issuer; (F) a requirement that the issuer submit audited financial statements to the Corporation; (G) the capacity of the issuer to secure first loss credit enhancement; and (H) any other standard the Corporation determines necessary or appropriate. (b) Application and approval (1) Application process (A) In general The Corporation shall establish an application process, in such form and manner and requiring such information as the Corporation may require, for the approval of issuers under this section. (B) Application process for insured depository institutions If an insured depository institution seeks to become an approved issuer under this section, such institution may only submit its application via a separately capitalized affiliate or subsidiary. (2) Approval The Corporation— (A) may approve— (i) any application made pursuant to paragraph (1) provided the issuer meets the standards adopted under subsection (a); and (ii) any application to become an approved issuer made by the Federal Home Loan Bank System; and (B) shall ensure that at least one issuer approved to issue covered securities under this section is dedicated to serving the securitization needs of credit unions and community and mid-size banks without securitization capabilities. (3) Publication The Corporation shall— (A) publish in the Federal Register a list of newly approved issuers; and (B) maintain an updated list of approved issuers on the website of the Corporation. (c) Federal Home Loan Bank System (1) In general If the Federal Home Loan Bank System is approved by the Corporation to become an approved issuer under this section, the Corporation shall— (A) develop a process by which each individual Federal Home Loan Bank may elect not to engage or otherwise contribute to any activity practiced by the Federal Home Loan Bank System as an approved issuer; (B) ensure that, notwithstanding section 11 of the Federal Home Loan Bank Act (12 U.S.C. 1431), any covered securities issued by the Federal Home Loan Bank System as an approved issuer are not issued as consolidated Federal Home Loan Bank debentures and are explicitly designated or otherwise treated as not being the joint and several obligations of any individual Federal Home Loan Bank that has made an election under subparagraph (A); and (C) ensure that in establishing the capital standards set forth under subsection (a)(2)(B) with respect to the Federal Home Loan Bank System, that such standards shall— (i) not be applicable to any individual Federal Home Loan Bank that has made an election under subparagraph (A); (ii) be based on the volume of eligible mortgage loan originations made by the Federal Home Loan Banks that have not made an election under subparagraph (A); and (iii) not adversely impact the traditional liquidity and advance business of the Federal Home Loan Banks or the Federal Home Loan Bank System. (2) Federal Home Loan Bank Act (A) Amendment Section 12 of the Federal Home Loan Bank Act ( 12 U.S.C. 1432 (c) Subject to such regulations as may be prescribed by the Corporation, one or more Federal Home Loan Banks may establish a subsidiary. Any subsidiary established under this subsection shall be subject to supervision by the Office of Federal Home Loan Bank Supervision of the Corporation and shall be restricted to engaging in activities related to being an approved issuer, as that term is defined under section 2(2) of the Housing Finance Reform and Taxpayer Protection Act of 2013 . (B) Effective date The amendment made by subparagraph (A) shall take effect on the transfer date. (d) Review, suspension, and revocation of approved status (1) In general The Corporation may review the status of any approved issuer if the Corporation is notified of or becomes aware of any violation by the issuer of this Act or the rules promulgated pursuant to this Act. (2) Suspension or Revocation (A) Corporation authority If the Corporation determines, in a review pursuant to paragraph (1), that an approved issuer no longer meets the standards for approval, the Corporation may suspend or revoke the approved status of such issuer. (B) Rule of construction The suspension or revocation of an approved issuer's approved status under this paragraph shall have no effect on the status of any covered security. (3) Publication The Corporation shall— (A) publish in the Federal Register a list of any approved issuers who lost their approved status; and (B) maintain an updated list of such issuers on the website of the Corporation. (e) Appeals (1) In general (A) Appeals of denials of application An issuer who submits an application under subsection (b)(1) to become an approved issuer may appeal a decision of the Corporation denying such application. (B) Appeals of denials of benefits or suspensions of participation An approved issuer may appeal a decision of the Corporation suspending or revoking the approved status of such issuer. (2) Filing of appeal Any issuer who files an appeal under paragraph (1) shall file the appeal with the Corporation not later than 90 days after the date on which the person receives notice of the decision of the Corporation being appealed. (3) Final determination The Corporation shall make a final determination with respect to an appeal under paragraph (1) not later than 180 days after the date on which the appeal is filed under paragraph (2). (f) Limitation on market share (1) In general The Corporation may not enter into any contract, covenant, or other agreement with an approved issuer, if such contract, covenant, or agreement would provide the issuer a share of the covered security issuer market in excess of 15 percent of the total market, as such market is measured by the total outstanding principal balance at origination of eligible mortgages collateralizing covered securities issued in the previous 12-month period. (2) Exception The limitation set forth under paragraph (1) shall not apply to— (A) an approved issuer described under subsection (b)(2)(A)(ii); (B) the FMIC Mutual Securitization Company; (C) any approved issuer which securitizes only eligible mortgage loans originated by the issuer or an affiliate of the issuer; or (D) any approved issuer to which the Corporation grants a waiver pursuant to paragraph (3). (3) Waiver The Corporation may, during the 3-year period beginning on the FMIC certification date, grant a waiver from the limitation set forth under paragraph (1) to an approved issuer if the Corporation determines that the number of approved issuers is insufficient, such that imposition of the limitation would adversely affect the availability of mortgage credit. (g) Limited authority To hold eligible mortgage loans An approved issuer may, for a period not to exceed 6-months, hold— (1) eligible mortgage loans on the balance sheet of such issuer; and (2) the first loss position in a covered security for purposes of obtaining insurance under this title. 214. Approval of bond guarantors (a) Standards for approval of bond guarantors (1) In general The Corporation shall develop, adopt, and publish standards for the approval by the Corporation of bond guarantors to guarantee the timely payment of principal and interest on securities collateralized by eligible mortgages and insured by the Corporation. (2) Required standards The standards required under paragraph (1) shall include— (A) the financial history and condition of the guarantor; (B) that the guarantor maintain a minimum capital level equal to not less than 10 percent of the unpaid principal balance of outstanding mortgage-backed securities for which the guarantor is providing insurance, net of any transactions, including derivative transactions, repurchase agreements, reverse repurchase agreements, securities lending transactions, or securities borrowing transactions, that in the determination of the Corporation are used by the guarantor to hedge or mitigate against credit risk, provided that any such hedging transaction does not diminish the total amount of loss absorption capital in the secondary mortgage market that stands in front of the insurance provided by the Corporation under this title; (C) the general character and fitness of the management of the guarantor, including compliance history with Federal and State laws; (D) the risk presented by such guarantor to the Mortgage Insurance Fund; (E) the adequacy of insurance and fidelity coverage of the guarantor; (F) a requirement that the guarantor submit audited financial statements to the Director; (G) a requirement that the guarantor meet a minimum tangible common equity level, or other minimum capital threshold as the Corporation determines necessary; and (H) any other standard the Corporation determines necessary or appropriate. (b) Rule of construction Any covered security issued by an approved issuer and insured by an approved bond guarantor shall be deemed to have satisfied the credit-risk sharing requirements under section 202(a)(1) with respect to the eligibility of that security to obtain insurance under this title. (c) Application and approval (1) Application process (A) In general The Corporation shall establish an application process, in such form and manner and requiring such information as the Corporation may require, for the approval of bond guarantors under this section. (B) Application process by insured depository institutions If an insured depository institution seeks to become an approved bond guarantor under this section, such institution may only submit its application via a separately capitalized affiliate or subsidiary. (2) Approval The Corporation may approve any application made pursuant to paragraph (1) provided the bond guarantor meets the standards adopted under subsection (a). (3) Publication The Corporation shall— (A) publish in the Federal Register a list of newly approved bond guarantors; and (B) maintain an updated list of approved bond guarantors on the website of the Corporation. (d) Review, suspension, and revocation of approved status (1) In general The Corporation may review the status of any approved bond guarantor if the Corporation is notified of or becomes aware of any violation by the insurer of this Act or the rules promulgated pursuant to this Act. (2) Suspension or Revocation (A) Corporation authority If the Corporation determines, in a review pursuant to paragraph (1), that an approved bond guarantor no longer meets the standards for approval, the Corporation shall revoke the approved status of such guarantor. (B) rule of construction The revocation of an approved bond guarantor's approved status under this paragraph shall have no effect on the status of any covered security. (3) Publication The Corporation shall— (A) publish in the Federal Register a list of any approved bond guarantors who lost their approved status; and (B) maintain an updated list of such guarantors on the website of the Corporation. (e) Appeals (1) In general (A) Appeals of denials of application A bond guarantor who submits an application under subsection (c)(1) to become an approved bond guarantor may appeal a decision of the Corporation denying such application. (B) Appeals of denials of benefits or suspensions of participation An approved bond guarantor may appeal a decision of the Corporation suspending or revoking the approved status of such guarantor. (2) Filing of appeal Any bond guarantor who files an appeal under paragraph (1) shall file the appeal with the Corporation not later than 90 days after the date on which the person receives notice of the decision of the Corporation being appealed. (3) Final determination The Corporation shall make a final determination with respect to an appeal under paragraph (1) not later than 180 days after the date on which the appeal is filed under paragraph (2). (f) Limitations on approved bond guarantors With respect to any eligible mortgage collateralizing a covered security insured under this Act, an approved bond guarantor may not provide insurance— (1) in satisfaction of the credit enhancement required under section 2(11)(C) or as an approved private mortgage insurer pursuant to section 211; and (2) as an approved bond guarantor under this section. (g) Permission To carry out other activities Nothing in this Act prohibits an approved bond guarantor from being or controlling an approved issuer, provided that each issuer and bond guarantor, independent of each other, meet the approval standards established by the Corporation under this title. 215. Authority to establish FMIC Mutual Securitization Company (a) In general The Corporation shall establish a mutual corporation to be known as the FMIC Mutual Securitization Company (b) Purpose The purpose of the FMIC Mutual Securitization Company is to— (1) develop, securitize, sell, and otherwise meet the issuing needs of credit unions, community and mid-size banks, and non-depository mortgage originators with respect to covered securities; and (2) purchase from its member participants for cash, on a single loan basis, eligible mortgage loans to securitize in a covered security. (c) Sale of necessary technology Upon the FMIC certification date, the enterprises shall sell to the FMIC Mutual Securitization Company any function, activity, infrastructure, property, including intellectual property, platform, or any other object or service of an enterprise that the Corporation determines necessary for the FMIC Mutual Securitization Company to carry out its activities and operations. (d) Designation as an approved issuer The FMIC Mutual Securitization Company shall be an approved issuer for purposes of section 213. (e) Eligibility Eligibility to participate as a member in the FMIC Mutual Securitization Company shall be limited to— (1) insured depository institutions having less than $15,000,000,000 in total consolidated assets at the time of the institution's initial participation in the Company; or (2) any non-depository mortgage originator having a minimum net worth of $2,500,000. (f) Governance (1) Recognition of important role of smaller institutions The Corporation shall take all necessary steps to ensure that the governance provisions of the FMIC Mutual Securitization Company reflect the important role in the mortgage market played by the small and mid-sized member participants of the FMIC Mutual Securitization Company. (2) Establishment of position of Director There is established the position of the Director of the FMIC Mutual Securitization Company who shall be the head of the Company. (3) Board of Directors (A) In general The management of the FMIC Mutual Securitization Company shall be vested in a Board of Directors (hereafter referred to as the Mutual Board (i) mortgage bankers; (ii) community banks; and (iii) credit unions. (B) Initial appointment The Corporation shall make initial appointments of the members of the Mutual Board. Each such initial appointment shall be for a term 1 year. (C) Appointments Following the initial 1-year appointment of the members of the Mutual Board, member participants in the FMIC Mutual Securitization Company shall elect the members of the Mutual Board from within the membership of the Company. (D) Administration The Mutual Board shall administer the affairs of the FMIC Mutual Securitization Company fairly and impartially and without discrimination. (4) No preferences for size Member participants of the FMIC Mutual Securitization Company shall have equal voting rights on any matters before the Company, regardless of the size of the individual member participant. (g) Approval of member participants (1) In general The Mutual Board shall develop standards and procedures to approve the application of member participants in the FMIC Mutual Securitization Company. (2) Content of standards The standards required under paragraph (1) shall include standards relating to the safety and soundness of prospective member participants, including standards regarding the underwriting practices of such prospective members. (3) Coordination with other regulators (A) Consultation In approving any prospective member to become a member participant in the FMIC Mutual Securitization Company, the Mutual Board may consult and share information with the primary prudential regulator of the prospective member. (B) Privilege preserved Information shared pursuant to subparagraph (A) shall not be construed as waiving, destroying, or otherwise affecting any privilege or confidential status that a prospective member may claim with respect to such information under Federal or State law as to any person or entity other than the Mutual Board or its primary prudential regulator. (C) Rule of construction No provision of this subsection may be construed as implying or establishing that— (i) any prospective member waives any privilege applicable to information that is shared or transferred under any circumstance to which this subsection does not apply; or (ii) any prospective would waive any privilege applicable to any information by submitting the information directly to its primary prudential regulator, but for this subsection. (h) Funding authority (1) Authority to establish membership fees The Mutual Board shall have the authority to charge and collect fees, and may in its discretion increase or decrease such fee, on its member participants for membership in the FMIC Mutual Securitization Company, including to cover the costs of— (A) the initial capitalization of the Company; (B) the purchase of any function, activity, infrastructure, property, including intellectual property, platform, or any other object or service from an enterprise pursuant to subsection (c); and (C) the continued operation of the Company. (2) Limitation The fees authorized under paragraph (1)— (A) shall be equitably assessed; and (B) may be based on the volume of eligible mortgages that the member participant sells to the FMIC Mutual Securitization Company. (i) Coordination of servicer approval The Mutual Board may coordinate with the Corporation to facilitate the application process for its member participants to become approved servicers of the Corporation pursuant to section 212. 216. Additional authority relating to oversight of market participants In carrying out its authorities under this subtitle, the Corporation may, in its discretion, develop, publish, and adopt such other additional standards or requirements as the Corporation determines necessary to ensure— (1) competition among approved private mortgage insurers, servicers, issuers, and bond guarantors and other market participants in the secondary mortgage market; (2) competitive pricing among approved private mortgage insurers, servicers, issuers, and bond guarantors and other market participants in the secondary mortgage market; and (3) liquidity, transparency, and access to mortgage credit in the secondary mortgage market. 217. Civil money penalties (a) Authority In addition to any suspension or revocation of the approved status of an approved private mortgage insurer, servicer, issuer, or bond guarantor under this subtitle, the Corporation may, in its discretion, impose a civil money penalty on any such approved private mortgage insurer, servicer, issuer, or bond guarantor that has failed to comply with or otherwise violates— (1) any standard adopted by the Corporation pursuant to this subtitle; or (2) any other requirement or provision of this Act, or any order, condition, rule, or regulation issued pursuant to this Act, applicable to such private mortgage insurer, servicer, issuer, or bond guarantor, as the case may be. (b) Procedures (1) Establishment The Corporation shall establish standards and procedures governing the imposition of civil money penalties under this section. Such standards and procedures— (A) shall provide for the Corporation to notify the approved private mortgage insurer, servicer, issuer, or bond guarantor, as the case may be, in writing of the determination of the Corporation to impose the penalty, which shall be made on the record; (B) shall provide for the imposition of a penalty only after the approved private mortgage insurer, servicer, issuer, or bond guarantor, as the case may be, has been given an opportunity for a hearing on the record; and (C) may provide for review by the Corporation of any determination or order, or interlocutory ruling, arising from a hearing. (2) Factors determining amount of penalty In determining the amount of a penalty under this section, the Corporation shall give consideration to factors including— (A) the gravity of the offense; (B) any history of prior offenses; (C) ability to pay the penalty; (D) injury to the public; (E) benefits received; (F) deterrence of future violations; and (G) such other factors as the Corporation may determine, by regulation, to be appropriate. (c) Action To collect penalty If the approved private mortgage insurer, servicer, issuer, or bond guarantor, as the case may be, fails to comply with an order by the Corporation imposing a civil money penalty under this section, the Corporation may bring an action in the United States District Court for the District of Columbia to obtain a monetary judgment against the approved private mortgage insurer, servicer, issuer, or bond guarantor, as the case may be, and such other relief as may be available. The monetary judgment may, in the court's discretion, include the attorneys' fees and other expenses incurred by the United States in connection with the action. In an action under this subsection, the validity and appropriateness of the order imposing the penalty shall not be subject to review. (d) Settlements The Corporation may compromise, modify, or remit any civil money penalty which may be, or has been, imposed under this section. (e) Deposit of Penalties The Corporation shall use any civil money penalties collected under this section to help fund the Mortgage Insurance Fund established under section 203. 218. Protection of privilege and other matters relating to disclosures by market participants (a) Information sharing and maintenance of privilege The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is amended— (1) in section 11(t)(2)(A) ( 12 U.S.C. 1821(t)(2)(A) (vii) The Federal Mortgage Insurance Corporation. ; and (2) in section 18(x) ( 12 U.S.C. 1828(x) (A) by inserting the Federal Mortgage Insurance Corporation, any Federal banking agency (B) by striking such agency Corporation, agency (b) Permissible consultation with Federal banking agencies (1) In general Pursuant to its authority under section 103(c), to facilitate the consultive process, the Corporation may share information with the Federal banking agencies, or any individual Federal banking agency, or any State bank supervisor, or foreign banking authority, on a one-time, regular, or periodic basis as determined by the Corporation regarding the capital, asset and liabilities, financial condition, risk management practices or any other practice of any approved private mortgage insurer, servicer, issuer, or bond guarantor. (2) Privilege preserved Information shared by the Corporation pursuant to paragraph (1) shall not be construed as waiving, destroying, or otherwise affecting any privilege or confidential status that any approved private mortgage insurer, servicer, issuer, or bond guarantor or any other person may claim with respect to such information under Federal or State law as to any person or entity other than such agencies, agency, supervisor, or authority. (3) Rule of construction No provision of this subsection may be construed as implying or establishing that— (A) any person waives any privilege applicable to information that is shared or transferred under any circumstance to which this subsection does not apply; or (B) any person would waive any privilege applicable to any information by submitting the information directly to the Federal banking agencies, or any individual Federal banking agency, or any State bank supervisor, or foreign banking authority, but for this subsection. C Transparency in market operations 221. Review of loan documents; disclosures (a) In general The Corporation shall, by rule— (1) require that approved issuers— (A) grant access to private market investors seeking to take the first loss position in a covered security to all— (i) documents relating to eligible mortgage loans collateralizing that covered security; and (ii) servicing reports of the approved servicer relating to such mortgages; and (B) disclose any other material information that a reasonable investor would want to know, and make no material omission of such information, relating to eligible mortgage loans collateralizing a covered security; and (2) establish the timing, frequency, and manner in which such access and disclosures are made. (b) Privacy protections In prescribing the rules required under this section, the Corporation shall take into consideration issues of consumer privacy and all statutes, rules, and regulations related to privacy of consumer credit information and personally identifiable information. Such rules shall expressly prohibit the identification of specific borrowers. 222. Investor immunity Any private market investor that has taken the first loss position in a covered security or that has otherwise invested in any covered security insured under this Act shall have immunity and protection from civil liability under Federal and State law, and no cause of action may be brought under Federal or State law against such investor, with respect to whether or not eligible mortgages that collateralize a covered security insured under this Act have complied with the requirements of this Act, including, but not limited to, with respect to any underwriting requirements applicable to such mortgage, any representations or warranties made by an approved issuer or an approved bond guarantor with respect to such mortgages, or whether or not the terms of any uniform securitization agreement have been met. 223. Uniform securitization agreements (a) In general The Corporation shall develop, adopt, and publish standard uniform securitization agreements for covered securities which are insured under this Act. (b) Required content The standard uniform securitization agreements required to be developed under subsection (a) shall include terms relating to— (1) pooling and servicing, including the development of uniform standards and practices— (A) regarding remittance schedules and payment delays; and (B) permitting the transfer of servicing rights, if such transfer is determined to be in the best financial interest of the investor, as such interest is calculated on a net present value basis; (2) representations and warranties, including representations and warranties as to compliance or conformity with the requirements of this Act; (3) indemnification and remedies, including for the restitution or indemnification of the Corporation with respect to early term delinquencies of eligible mortgages collateralizing a covered security; (4) the qualification, responsibilities, and duties of trustees; and (5) any other terms or standards the Corporation determines necessary or appropriate. (c) Defining representation and warranty violations In developing the uniform securitization agreements required under subsection (a), the Corporation shall also develop, adopt, and publish clear and uniform standards that define and illustrate what actions, or omissions to act, comprise a violation of the representations and warranties clauses that are made a part of such agreements. (d) Consultation The Corporation shall work with industry groups, including servicers, originators, issuers, and mortgage investors to develop the uniform securitization agreements required under subsection (a). 224. Uniform mortgage database (a) Uniform Mortgage Database The Corporation shall establish, operate, and maintain a database for the collection, public use, and dissemination of uniform loan level information on eligible mortgages relating to— (1) loan characteristics; (2) borrower information; (3) the property securing the eligible mortgages; (4) loan data required at the time of application for insurance from the Corporation under this title; (5) the quality and consistency of appraisal and collateral data on eligible mortgages; (6) industry-wide servicing data standards; and (7) such other data, datasets, information, facts, or measurements as the Corporation determines appropriate to improve and enhance loan quality and operational efficiencies within the secondary mortgage market. (b) Considerations In establishing the database required under subsection (a), the Corporation shall take into consideration, build upon, and adopt to the extent the Corporation determines appropriate, the existing data standards set forth under the Uniform Mortgage Data Program initiative established by the Federal Housing Finance Agency. (c) Regulations The Corporation shall, by regulation— (1) establish the manner and form by which any loan level information collected under subsection (a) may be accessed by the public, including whether or not to establish a fee for such access; (2) require that such loan level information be made available to the public in a uniform manner, in a form designed for ease and speed of access, ease and speed of downloading, and ease and speed of use; and (3) ensure the protection of any personally identifiable information contained in any information, or mix of information, collected and made available for public access. (d) Monthly update The database required under subsection (a) shall be updated not less frequently than once a month. 225. Electronic registration of eligible mortgages (a) Establishment of electronic registration system The Corporation shall establish, operate, and maintain an electronic registry system for eligible mortgages that collateralize a covered security insured under this Act in order to automate, centralize, standardize, and improve the process of tracking changes in servicing rights and beneficial ownership interests in such eligible mortgages. (b) Considerations In establishing the electronic registry system required under subsection (a), the Corporation shall take into consideration, build upon, and adopt to the extent the Corporation determines appropriate, any existing efforts of the Federal Housing Finance Agency or expertise among the private sector to develop a sound, efficient system for document custody and electronic registration of mortgages, notes, titles, and liens. D FMIC Structure 231. Office of Underwriting (a) Establishment There is established within the Federal Mortgage Insurance Corporation an Office of Underwriting which shall be headed by the Deputy Director of Underwriting, who shall be appointed by the Board of Directors. (b) Responsibilities The Office of Underwriting shall ensure, through oversight, analysis, and examination, that eligible mortgages that collateralize a covered security insured under this Act comply with the requirements of this Act, including with respect to— (1) the submission of complete and accurate loan data on eligible mortgages; (2) the identification of ineligible mortgage loans; (3) assisting lenders with originating high-quality, lower-risk eligible mortgages; and (4) any other activity that the Director determines appropriate. 232. Office of Securitization (a) Establishment There is established within the Federal Mortgage Insurance Corporation an Office of Securitization which shall be headed by the Deputy Director of Securitization, who shall be appointed by the Board of Directors. (b) Responsibilities (1) In general The Office of Securitization shall— (A) oversee and supervise the common securitization platform developed by the business entity announced by the Federal Housing Finance Agency and established by the enterprises, including by requiring that the platform have system capabilities to permit the issuance of multi-lender covered securities; (B) ensure that credit unions, community and mid-size banks, and small non-depository lenders have equitable access to any such platform, including through the development and facilitation of options for multi-lender pools of eligible mortgages to be securitized and issued as covered securities through such platform; and (C) coordinate and consult with the Federal Home Loan Bank System to establish a securitization platform that addresses the needs of its members. (2) Rules for use of common securitization platform (A) In general The Corporation, acting through the Office of Securitization, may promulgate rules— (i) regarding the use of the common securitization platform described under paragraph (1)(A); and (ii) to permit securities other than covered securities to be issued through such platform for reasonable compensation. (B) Content of rules Any rule that may be promulgated under subparagraph (A) may include a requirement that any security to be issued through the common securitization platform be subject to a uniform securitization agreement developed under section 223. (c) Establishment of database To provide notice to different classes of lien holders The Office of Securitization shall establish, operate, and maintain a database that— (1) can be accessed by any holder of a lien on an eligible mortgage; (2) identifies and tracks if a junior lien or any other subordinate lien has been issued on the property securing an eligible mortgage; (3) notifies, to the extent feasible, any senior or first lien holder of the existence of such junior or subordinate lien; and (4) informs— (A) the senior or first lien holder of the monthly performance of the junior or subordinate lien; and (B) the junior or subordinate lien holder of the monthly performance of the senior or first lien. 233. Office of Federal Home Loan Bank Supervision (a) Establishment There is established within the Federal Mortgage Insurance Corporation an Office of Federal Home Loan Bank Supervision which shall be headed by the Deputy Director of Federal Home Loan Bank Supervision, who shall be appointed by the Board of Directors. (b) Responsibilities The Office of Federal Home Loan Bank Supervision shall— (1) oversee, coordinate, and supervise the Federal Home Loan Banks and the Federal Home Loan Bank System, including the transition of all activities transferred to the Corporation pursuant to section 301; and (2) supervise any authorized subsidiary of one or more Federal Home Loan Banks that is approved as an approved issuer pursuant to section 213(b)(2)(A)(ii), including with respect to the initial capitalization of any such subsidiary. III Transfer of powers, personnel, and property to FMIC from FHFA 301. Powers and duties transferred (a) Federal Home Loan Bank functions transferred (1) Transfer of functions There are transferred to the Corporation all functions of the Federal Housing Finance Agency and the Director of the Federal Housing Finance Agency relating to— (A) the supervision of the Federal Home Loan Banks and the Federal Home Loan Bank System; and (B) all rulemaking authority of the Federal Housing Finance Agency and the Director of the Federal Housing Finance Agency relating to the Federal Home Loan Banks and the Federal Home Loan Bank System. (2) Powers, authorities, rights, and duties The Corporation shall succeed to all powers, authorities, rights, and duties that were vested in the Federal Housing Finance Agency and the Director of the Federal Housing Finance Agency, including all conservatorship or receivership authorities, on the day before the transfer date in connection with the functions and authorities transferred under paragraph (1). (3) Effective date The transfer of functions under this paragraph shall take effect on the transfer date. (b) Continuation and coordination of certain actions (1) In general All regulations, orders, determinations, and resolutions described under paragraph (2) shall remain in effect according to the terms of such regulations, orders, determinations, and resolutions, and shall be enforceable by or against the Corporation until modified, terminated, set aside, or superseded in accordance with applicable law by the Corporation, any court of competent jurisdiction, or operation of law. (2) Applicability A regulation, order, determination, or resolution is described under this subsection if it— (A) was issued, made, prescribed, or allowed to become effective by— (i) the Federal Housing Finance Agency; or (ii) a court of competent jurisdiction, and relates to functions transferred by this Act; (B) relates to the performance of functions that are transferred by this section; and (C) is in effect on the transfer date. (c) Disposition of affairs During the period preceding the transfer date, the Director of the Federal Housing Finance Agency, for the purpose of winding up the affairs of the Federal Housing Finance Agency in connection with the performance of functions that are transferred by this section— (1) shall manage the employees of such Agency and provide for the payment of the compensation and benefits of any such employees which accrue before the transfer date; and (2) may take any other action necessary for the purpose of winding up the affairs of the Office. (d) Use of property and services (1) Property The Corporation may use the property and services of the Federal Housing Finance Agency to perform functions which have been transferred to the Corporation until such time as the Agency is abolished under section 303 to facilitate the orderly transfer of functions transferred under this section, any other provision of this Act, or any amendment made by this Act to any other provision of law. (2) Agency services Any agency, department, or other instrumentality of the United States, and any successor to any such agency, department, or instrumentality, that was providing supporting services to the Agency before the transfer date in connection with functions that are transferred to the Corporation shall— (A) continue to provide such services, on a reimbursable basis, until the transfer of such functions is complete; and (B) consult with any such agency to coordinate and facilitate a prompt and reasonable transition. (e) Continuation of services The Corporation may use the services of employees and other personnel of the Federal Housing Finance Agency, on a reimbursable basis, to perform functions which have been transferred to the Corporation for such time as is reasonable to facilitate the orderly transfer of functions pursuant to this section, any other provision of this Act, or any amendment made by this Act to any other provision of law. (f) Savings provisions (1) Existing rights, duties, and obligations not affected Subsection (a) and section 303 shall not affect the validity of any right, duty, or obligation of the United States, the Director of the Federal Housing Finance Agency, the Federal Housing Finance Agency, or any other person, that existed on the day before transfer date. (2) Continuation of suits No action or other proceeding commenced by or against the Director of the Federal Housing Finance Agency in connection with the functions that are transferred to the Corporation under this section shall abate by reason of the enactment of this Act, except that the Corporation shall be substituted for the Director of the Federal Housing Finance Agency as a party to any such action or proceeding. (g) Conforming amendments (1) Federal Home Loan Bank Act The Federal Home Loan Bank Act ( 12 U.S.C. 1421 et seq. (A) by striking the Director the Corporation (B) by striking The Director The Corporation (C) by striking Chairman of the Director of Governors Chairman of the Board of Governors (D) by striking the Agency the Corporation (E) in section 2, by striking paragraphs (11) and (12) and inserting the following: (11) Corporation The term Corporation Housing Finance Reform and Taxpayer Protection Act of 2013 ; and (F) in section 11(l)(5), in the header to such paragraph, by striking of the director (2) Federal Housing Enterprises Financial Safety and Soundness Act Section 1316 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4516) is amended— (A) in subsection (a)— (i) in the matter preceding paragraph (1), by striking the regulated entities each enterprise (ii) in paragraph (1), by striking and under section 20 of the Federal Home Loan Bank Act (B) in subsection (b), by striking paragraph (2); (C) in subsection (c)— (i) by striking any regulated entity any enterprise (ii) by striking the regulated entity the enterprise (iii) by striking a regulated entity an enterprise (iv) by striking such regulated entity such enterprise (v) by striking such entity such enterprise (D) in subsection (e)— (i) by striking each regulated entity each enterprise (ii) by striking such regulated entity such enterprise (3) Right to Financial Privacy Act of 1978 Section 1113(o) of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3413(o) (A) in the heading to the subsection, by Federal Housing Finance Agency Federal Mortgage Insurance Corporation (B) by striking Federal Housing Finance Agency Federal Mortgage Insurance Corporation (C) by striking Federal Housing Finance Agency's Federal Mortgage Insurance Corporation's (4) Effective date The amendments made by this subsection shall take effect on the transfer date. 302. Transfer and rights of employees of the FHFA (a) Transfer Each employee of the Federal Housing Finance Agency that is employed in connection with functions that are transferred to the Corporation under section 301 shall be transferred to the Corporation for employment, not later than the transfer date, and such transfer shall be deemed a transfer of function for purposes of section 3503 (b) Status of employees The transfer of functions under this title, and the abolishment of the Federal Housing Finance Agency under section 303, may not be construed to affect the status of any transferred employee as an employee of an agency of the United States for purposes of any other provision of law. (c) Guaranteed positions Each employee transferred under subsection (a) shall be guaranteed a position with the same status, tenure, grade, and pay as that held on the day immediately preceding the transfer. (d) Appointment authority for excepted employees (1) In general In the case of an employee occupying a position in the excepted service, any appointment authority established under law or by regulations of the Office of Personnel Management for filling such position shall be transferred, subject to paragraph (2). (2) Decline of transfer The Corporation may decline a transfer of authority under paragraph (1), to the extent that such authority relates to a position excepted from the competitive service because of its confidential, policymaking, policy-determining, or policy-advocating character. (e) Reorganization If the Corporation determines, after the end of the 1-year period beginning on the transfer date, that a reorganization of the combined workforce is required, that reorganization shall be deemed a major reorganization for purposes of affording affected employee retirement under section 8336(d)(2) or 8414(b)(1)(B) of title 5, United States Code. (f) Employee benefit programs (1) In general Any employee of the Federal Housing Finance Agency accepting employment with the Corporation as a result of a transfer under subsection (a) may retain, for 12 months after the date on which such transfer occurs, membership in any employee benefit program of the Agency or the Corporation, as applicable, including insurance, to which such employee belongs on the transfer date if— (A) the employee does not elect to give up the benefit or membership in the program; and (B) the benefit or program is continued by the Corporation. (2) Cost differential (A) In general The difference in the costs between the benefits which would have been provided by the Federal Housing Finance Agency and those provided by this section shall be paid by the Corporation. (B) Health Insurance If any employee elects to give up membership in a health insurance program or the health insurance program is not continued by the Corporation, the employee shall be permitted to select an alternate Federal health insurance program not later than 30 days after the date of such election or notice, without regard to any other regularly scheduled open season. 303. Abolishment of FHFA Effective upon the FMIC certification date, the Federal Housing Finance Agency and the position of the Director of the Federal Housing Finance Agency are abolished. 304. Transfer of property and facilities Effective upon the FMIC certification date all property of the Federal Housing Finance Agency shall transfer to the Corporation. 305. Technical and conforming amendments (a) Effective date The amendments made by this section shall take effect on the date of enactment of this Act. (b) References in Federal law On and after the date of enactment of this Act, any reference in Federal law to the Director of the Federal Housing Finance Agency or the Federal Housing Finance Agency, in connection with any function of the Director of the Federal Housing Finance Agency or the Federal Housing Finance Agency transferred under section 301, shall be deemed a reference to the Chairperson of the Federal Mortgage Insurance Corporation or the Federal Mortgage Insurance Corporation, as appropriate and consistent with the amendments made by this Act. (c) Title 18, United States Code Title 18, United States Code, is amended— (1) in section 1905, by inserting or the Federal Mortgage Insurance Corporation Federal Housing Finance Agency (2) in section 212(c)(2)— (A) in subparagraph (F), by striking ; and (B) in subparagraph (G), by striking the period at the end and inserting ; and (C) by adding at the end the following: (H) the Federal Mortgage Insurance Corporation. ; (3) in section 657, by inserting the Federal Mortgage Insurance Corporation, Federal Housing Finance Agency, (4) in section 1006, by inserting the Federal Mortgage Insurance Corporation, Federal Housing Finance Agency, (5) in section 1014, by inserting the Federal Mortgage Insurance Corporation, Federal Housing Finance Agency, (d) Flood Disaster Protection Act of 1973 Section 102(b)(5) of the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4012a(b)(5) the Federal Mortgage Insurance Corporation, Federal Housing Finance Agency, (e) Title 5, United States Code Title 5, United States Code, is amended— (1) in section 5313, by inserting the following new item after the item relating to the Director of the Federal Housing Finance Agency: Director of the Federal Mortgage Insurance Corporation. ; and (2) in section 3132(a)(1)(D), by inserting the Federal Mortgage Insurance Corporation, Federal Housing Finance Agency, (f) Sarbanes-Oxley Act Section 105(b)(5)(B)(ii)(II) of the Sarbanes-Oxley Act of 2002 ( 15 U.S.C. 7215(b)(5)(B)(ii)(II) or the Chairperson of the Federal Mortgage Insurance Corporation Director of the Federal Housing Finance Agency (g) Federal Deposit Insurance Act The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is amended— (1) in section 7(a)(2)(A), by inserting the Federal Mortgage Insurance Corporation, Federal Housing Finance Agency, (2) in section 8(e)(7)(A)(vi), by inserting , the Federal Mortgage Insurance Corporation, Federal Housing Finance Agency (3) in section 11(t)(2)(A), by adding at the end the following: (viii) The Federal Mortgage Insurance Corporation. ; and (4) in section 33(e), by inserting , the Federal Mortgage Insurance Corporation, Federal Housing Finance Agency (h) Riegle Community Development and Regulatory Improvement Act of 1994 Section 117(e) of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4716(e) the Federal Mortgage Insurance Corporation, Federal Housing Finance Agency, (i) MAHRA Act of 1997 Section 517(b)(4) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 ( 42 U.S.C. 1437f the Federal Mortgage Insurance Corporation, Federal Housing Finance Agency, (j) Title 44, United States Code Section 3502(5) the Federal Mortgage Insurance Corporation, Federal Housing Finance Agency, (k) Access to local TV Act of 2000 Section 1004(d)(2)(D)(iii) of the Launching Our Communities' Access to Local Television Act of 2000 (47 U.S.C. 1103(d)(2)(D)(iii)) is amended by inserting or the Federal Mortgage Insurance Corporation, Federal Housing Finance Agency (l) FIRREA The Financial Institutions Reform, Recovery, and Enhancement Act of 1989 is amended— (1) in section 1216— (A) in subsection (a)— (i) in paragraph (2), by striking ; and (ii) in paragraph (3), by striking the period and inserting ; and (iii) by adding at the end the following: (4) the Federal Mortgage Insurance Corporation. ; and (B) in subsection (c), by inserting the Federal Mortgage Insurance Corporation, and the Federal Housing Finance Agency, (2) in section 402(e), by striking Federal Housing Finance Agency Federal Mortgage Insurance Corporation (3) in section 1124, by inserting the Federal Mortgage Insurance Corporation, Federal Housing Finance Agency, (4) in section 1125(b), by inserting the Federal Mortgage Insurance Corporation, Federal Housing Finance Agency, (m) EESA The Emergency Economic Stabilization Act of 2008 ( 12 U.S.C. 5201 (1) in section 104(b)— (A) in paragraph (4), by striking ; and (B) in paragraph (5), by striking the period and inserting ; and (C) by adding at the end the following: (6) the Federal Mortgage Insurance Corporation. ; and (2) in section 109(b), by inserting the Federal Mortgage Insurance Corporation, Federal Housing Finance Agency, (n) Dodd-Frank Act The Dodd-Frank Wall Street Reform and Consumer Protection Act ( Public Law 111–203 (1) in section 342(g)(1)— (A) in subparagraph (H), by striking ; and (B) in subparagraph (I), by striking the period and inserting ; and (C) by adding at the end the following: (J) the Federal Mortgage Insurance Corporation. ; (2) in section 989E(a)(1), by adding at the end the following: (J) The Federal Mortgage Insurance Corporation. ; and (3) in section 1481(b), by inserting the Federal Mortgage Insurance Corporation, Federal Housing Finance Agency, (o) Housing and Urban-Rural Recovery Act Section 469 of the Housing and Urban-Rural Recovery Act of 1983 ( 12 U.S.C. 1701p–1 the Federal Mortgage Insurance Corporation, Federal Housing Finance Agency, (p) Neighborhood Reinvestment Corporation Act Section 606(c)(3) of the Neighborhood Reinvestment Corporation Act ( 42 U.S.C. 8105(c)(3) , the Federal Mortgage Insurance Corporation, Federal Housing Finance Agency (q) Federal Insurance Office Act Section 313(r)(4) the Federal Mortgage Insurance Corporation, Federal Housing Finance Agency, (r) Commodity Exchange Act Section 1a(39)(E) of the Commodity Exchange Act (7 U.S.C. 1a(39)(E)) is amended— (1) by striking a regulated entity an enterprise (2) by inserting before the period at the end the Federal Mortgage Insurance Corporation in the case of a swap dealer, major swap participant, security-based swap dealer, or major security-based swap participant that is a Federal Home Loan Bank (s) Truth in Lending Act The Truth in Lending Act ( 15 U.S.C. 1601 et seq. (1) section 129H(b)(4), by inserting the Federal Mortgage Insurance Corporation, Federal Housing Finance Agency, (2) in section 129E— (A) in subsection (g)(1), by inserting the Federal Mortgage Insurance Corporation, Federal Housing Finance Agency, (B) in subsection (h), by inserting the Federal Mortgage Insurance Corporation, Federal Housing Finance Agency, (t) FFIEC The first sentence of section 1011 of the Federal Financial Institutions Examination Council Act of 1978 ( 12 U.S.C. 3310 the Federal Mortgage Insurance Corporation, and the Federal Housing Finance Agency IV Improving transparency, accountability, and efficacy within affordable housing 401. Affordable housing allocations (a) Fee and allocation of amounts Subject to subsection (b), and in addition to any fees for the provision of insurance established in accordance with title II, in each fiscal year the Corporation shall— (1) charge and collect a fee in an amount equal to not less than 5 basis points and not more than 10 basis points for each dollar of the outstanding principal balance of eligible mortgages collateralizing covered securities for which insurance is being provided under title II; and (2) allocate or otherwise transfer— (A) 80 percent of such fee amounts to the Secretary of Housing and Urban Development to fund the Housing Trust Fund established under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4568 (B) 20 percent of such fee amounts to the Secretary of the Treasury to fund the Capital Magnet Fund established under section 1339 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4569 (b) Suspension of contributions The Corporation may temporarily suspend allocations under subsection (a) upon a finding by the Corporation that such allocations are contributing, or would contribute, to the financial instability of the Mortgage Insurance Fund established under section 203. 402. Housing Trust Fund Section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4568) is amended— (1) in subsection (a), by striking by the enterprises under section 1337 pursuant to section 401 of the Housing Finance Reform and Taxpayer Protection Act of 2013 (2) by repealing subsection (b); and (3) in subsection (c)— (A) in paragraph (1), by striking Except as provided in subsection (b), the The (B) in paragraph (4)(B), by striking other than fiscal year 2009 (C) in paragraph (7)— (i) in subparagraph (A), by striking ; and (ii) in subparagraph (B)(iv)— (I) by striking section 132 section 1132 (II) by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: (C) grants and loans, including through the use of pilot programs of sufficient scale, to support the research and development of sustainable homeownership and affordable rental programs, provided that such grant or loan amounts are used only for the benefit of families whose income does not exceed 120 percent of the area median income as determined by the Secretary, with adjustments for family size; and (D) provide limited credit enhancement, and other forms of credit support, for product and services that— (i) will increase the rate of sustainable homeownership and affordable rental by individuals or families whose income does not exceed 120 percent of the area median income as determined by the Secretary, with adjustments for family size; and (ii) might not otherwise be offered or supported by a pilot program of sufficient scale to determine the viability of such products and services in the private market. ; and (D) in paragraph (10)— (i) by amending subparagraph (A) to read as follows: (A) Ensuring efficient use of grant amounts (i) Use for certain eligible activities In each fiscal year, of the aggregate amount allocated to a State or State designated entity under this subsection— (I) 35 percent shall be used for activities under subparagraph (A) of paragraph (7); (II) 5 percent shall be used for activities under subparagraph (B) of paragraph (7); and (III) 60 percent shall be used for activities under subparagraphs (C) and (D) of paragraph (7). (ii) Ensuring benefits for rural communities (I) In general In each fiscal year, of the aggregate amount allocated to a State or State designated entity under this subsection, the State or State designated entity shall ensure that, at a minimum, such amounts are distributed for the benefit of nonentitlement areas in that State in the same proportion that the total amount of nonentitlement areas in that State bears to the total amount of all areas in that State. (II) Targeted outreach to smaller communities In carrying out the requirement under subclause (I), each State or State designated entity shall in distributing amounts allocated to that State or State designated entity give priority to nonentitlement areas with a population of less than 20,000. (III) Definition of nonentitlement area For purposes of this clause, the term nonentitlement area ; and (ii) by striking subparagraph (E). 403. Capital Magnet Fund Section 1339 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4569) is amended— (1) in subsection (b)(1), by striking pursuant to section 1337 pursuant to section 401 of the Housing Finance Reform and Taxpayer Protection Act of 2013 (2) in subsection (h), by striking paragraph (7). 404. Additional taxpayer protections (a) Ensuring benefits support citizens and lawful permanent residents The Secretary of Housing and Urban Development and the Secretary of the Treasury, respectively, shall ensure that grant amounts allocated to covered grantees, allocated by covered grantees to eligible recipients, or allocated to individuals by such eligible recipients are used for the benefit of only lawful permanent residents and citizens of the United States in carrying out the activities of— (1) the Housing Trust Fund; and (2) the Capital Magnet Fund. (b) Not To be used for political activities Consistent with the existing requirements under sections 1338(c)(10)(D) and section 1339(h)(5) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, the Secretary of Housing and Urban Development and the Secretary of the Treasury, respectively, shall ensure that grant amounts allocated by covered grantees to eligible recipients or allocated to individuals by such eligible recipients are not used for— (1) political activities; (2) advocacy; (3) lobbying, whether directly or through other parties; (4) influencing the selection, nomination, election, or appointment of one or more candidates to any Federal, State or local office; (5) personal counseling services; (6) travel expenses; and (7) preparing or providing advice on tax returns. (c) Penalties (1) Civil money penalty If an eligible recipient or any other individual in receipt of grant amounts described by this section violates any provision of subsection (a) or (b), the Secretary of Housing and Urban Development or the Secretary of the Treasury, as the case may be, may impose a civil penalty on such recipient or individual, as the case may be, of not more than $1,000,000 for each violation. (2) Criminal penalties Whoever, being subject to the provisions of subsection (a) or (b), knowingly participates, directly or indirectly, in any manner in conduct that results in a violation of such provisions shall, notwithstanding section 3571 (3) Rule of construction The penalties imposed under paragraphs (1) or (2) shall be in addition to any other available civil remedy or any other available criminal penalty and may be imposed whether or not the Secretary of Housing and Urban Development or the Secretary of the Treasury, as the case may be, imposes other administrative sanctions. (d) Definition As used in this section— (1) the term covered grantee (A) for purposes of the Housing Trust Fund, a State or State designated entity; and (B) for purposes of the Capital Magnet Fund, an eligible grantee as described under section 1339(e) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992; (2) the term eligible recipient (A) for purposes of the Housing Trust Fund, a recipient as described under section 1338(c)(9) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992t; and (B) for purposes of the Capital Magnet Fund, a recipient of assistance from the Capital Magnet Fund; (3) the term Capital Magnet Fund 12 U.S.C. 4569 (4) the term Housing Trust Fund 12 U.S.C. 4568 V Wind Down of Fannie Mae and Freddie Mac 501. Repeal of GSE charters (a) Fannie Mae Effective on the FMIC certification date, the charter of the Federal National Mortgage Association is repealed and the Federal National Mortgage Association shall have no authority to conduct new business under such charter, except that the provisions of such charter in effect immediately before such repeal shall continue to apply with respect to the rights and obligations of any holders of— (1) outstanding debt obligations of the Federal National Mortgage Association, including any— (A) bonds, debentures, notes, or other similar instruments; (B) capital lease obligations; or (C) obligations in respect of letters of credit, bankers' acceptances, or other similar instruments; or (2) mortgage-backed securities guaranteed by the Federal National Mortgage Association. (b) Freddie Mac Effective on the FMIC certification date, the charter of the Federal Home Loan Mortgage Corporation is repealed and the Federal Home Loan Mortgage Corporation shall have no authority to conduct new business under such charter, except that the provisions of such charter in effect immediately before such repeal shall continue to apply with respect to the rights and obligations of any holders of— (1) outstanding debt obligations of the Federal Home Loan Mortgage Corporation, including any— (A) bonds, debentures, notes, or other similar instruments; (B) capital lease obligations; or (C) obligations in respect of letters of credit, bankers' acceptances, or other similar instruments; or (2) mortgage-backed securities guaranteed by the Federal Home Loan Mortgage Corporation. (c) Existing guarantee obligations (1) Explicit guarantee The full faith and credit of the United States is pledged to the payment of all amounts which may be required to be paid under any obligation described under subsections (a) and (b). (2) Continued dividend payments Notwithstanding section 502 or any other provision of law, and subject to section 601, provision 2(a) (relating to Dividend Payment Dates and Dividend Periods) and provision 2(c) (relating to Dividend Rates and Dividend Amount) of the Senior Preferred Stock Purchase Agreement, or any provision of any certificate in connection with such Agreement creating or designating the terms, powers, preferences, privileges, limitations, or any other conditions of the Variable Liquidation Preference Senior Preferred Stock of an enterprise issued pursuant to such Agreement— (A) shall not be amended, restated, or otherwise changed to reduce the rate or amount of dividends in effect pursuant to such Agreement as of the Third Amendment to such Agreement dated August 17, 2012, except that any amendment to such Agreement to facilitate the sale of assets of the enterprises to facilitate compliance with the provisions of section 502(b) shall be permitted; and (B) shall remain in effect until the guarantee obligations described under subsections (a)(2) and (b)(2) are fully extinguished. (3) Applicability Notwithstanding section 502, all guarantee fee amounts derived from the single-family mortgage guarantee business of the enterprises in existence as of the FMIC certification date shall be subject to the terms of the Senior Preferred Stock Purchase Agreement. (d) Federal Safety and Soundness Act (1) In general The Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4501 et seq. (A) in section 1303— (i) in paragraph (2), by striking 'Federal Housing Finance Agency Federal Mortgage Insurance Corporation (ii) in paragraph (3), by striking means means the Federal Home Loan Bank Act. (iii) by repealing paragraph (4); and (iv) in paragraph (9), by striking Director of the Federal Housing Finance Agency Board of Directors of the Federal Mortgage Insurance Corporation (B) by repealing section 1313A; and (C) by repealing section 1317(d). (2) Effective date The amendments made by paragraph (1) shall take effect on the FMIC certification date. 502. Wind down (a) Wind down (1) Authority of FHFA Beginning on the date of enactment of this Act and ending on the FMIC certification date, the Director of the Federal Housing Finance Agency, in consultation with the Corporation and the Secretary of the Treasury, shall take such action, and may prescribe such regulations and procedures, as may be necessary to wind down the operations of the enterprises in an orderly manner that complies with the requirements of this Act and any amendments made by this Act. (2) Limitation Notwithstanding any authority granted to the Director of the Federal Housing Finance Agency under paragraph (1), the sale, transfer, exchange, or other disposition of any asset subject to the wind down required under this section shall be prohibited, if the Corporation— (A) in its discretion determines that such sale, transfer, exchange, or disposition would materially interfere with the ability of the Corporation to carry out the requirements of this Act; and (B) notifies, in writing, the Director of the Federal Housing Finance Agency within 14 days of such determination. (3) Rule of construction Notwithstanding any authority granted to the Director of the Federal Housing Finance Agency under paragraph (1), the Director of the Federal Housing Finance Agency— (A) shall have no authority to sell, transfer, exchange, or otherwise dispose of any guarantee obligations described under subsections (a)(2) and (b)(2) of section 501; and (B) shall have no rights, claims, or title to, nor any authority to sell, transfer, exchange, or otherwise dispose of, guarantee fee amounts derived from the single-family mortgage guarantee business of the enterprises in existence as of the FMIC certification date. (b) Division of assets and liabilities; authority To establish holding corporation and dissolution trust fund The action and procedures required under subsection (a)— (1) shall include the establishment and execution of plans to provide for an equitable division, distribution, and liquidation of the assets and liabilities of an enterprise, including any infrastructure, property, including intellectual property, platforms, or any other thing or object of value, provided such plan complies with the requirements of this Act and any amendments made by this Act; and (2) may provide for establishment of— (A) a holding corporation organized under the laws of any State of the United States or the District of Columbia for the purpose of winding down an enterprise; and (B) one or more trusts to which to transfer— (i) outstanding debt obligations of an enterprise; or (ii) outstanding mortgages held for the purpose of collateralizing mortgage-backed securities guaranteed by an enterprise. (c) Recoupment by senior preferred shareholders (1) In general Subject to the requirements of this Act, any proceeds from the wind down of an enterprise shall be paid first to the senior preferred shareholders of each such enterprise, then to the preferred shareholders of each such enterprise, and then to the common shareholders of each such enterprise. (2) Joint determination The amount of any proceeds to be paid pursuant to paragraph (1) shall be jointly determined by the Director of the Federal Housing Finance Agency, the Corporation, and the Secretary of the Treasury. (3) Maximum return to shareholders The wind down of each enterprise required under this section shall be managed by the Director of the Federal Housing Finance Agency, in consultation with the Corporation and the Secretary of the Treasury, to obtain resolutions that maximize the return for the senior preferred shareholders under paragraph (1), to the extent that such resolutions— (A) are consistent with the goal of supporting a sound, stable, and liquid housing market; (B) are consistent with applicable Federal and State law; (C) comply with the requirements of this Act and any amendments made by this Act; and (D) protect the taxpayer. (4) Sale of certain assets as a going concern Except as provided in section 601 or elsewhere as required in this Act, if the Director of the Federal Housing Finance Agency, in consultation with the Corporation and the Secretary of the Treasury, determines that the sale of any line of business, or any function, activity, or service of an enterprise as a going concern will maximize the return for the senior preferred shareholders as required under paragraph (3), the Director may conduct such sale, provided that— (A) under no circumstance, shall such sale transfer, convey, or authorize, or be deemed to transfer, convey, or authorize, any guarantee or Federal support, assistance, or backing, implicit or explicit, related to any such line of business, function, activity, or service; and (B) such sale does not impede or otherwise interfere with the ability of the Federal Mortgage Insurance Corporation to carry out the functions and requirements of this Act. (5) Rule of construction For purposes of this subsection, the term proceeds 503. Aligning purpose of conservatorship with FMIC (a) Power as conservator Section 1367(b)(2)(D) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4617(b)(2)(D) (D) Power as conservator After the date of enactment of the Housing Finance Reform and Taxpayer Protection Act of 2013 (i) to ensure the efficient, effective, and expeditious wind down of the enterprises; (ii) to manage the affairs, assets, and obligations of the enterprises and to operate the enterprises in compliance with the requirements of the Housing Finance Reform and Taxpayer Protection Act of 2013 (iii) to assist the Federal Mortgage Insurance Corporation, in a consultative capacity, in carrying out the requirements under the Housing Finance Reform and Taxpayer Protection Act of 2013 (iv) to maintain liquidity and stability in the secondary mortgage market until such as time as the charters of the enterprises are revoked pursuant to title V of such Act. . (b) Rule of construction Nothing in this Act, or any amendments made by this Act, except as may be explicitly provided for in this Act, or any amendment made by this Act, shall be deemed to alter the powers, authorities, rights, and duties that are vested in the Federal Housing Finance Agency and the Director of the Federal Housing Finance Agency with respect to its supervision and regulation of the enterprises. 504. Conforming loan limits (a) In general Beginning on the date of enactment of this Act, the limitations governing the maximum original principal obligation of conventional mortgages that may be purchased by the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation, referred to in section 302(b)(2) of the Federal National Mortgage Association Charter Act ( 12 U.S.C. 1717(b)(2) 12 U.S.C. 1454(a)(2) 12 U.S.C. 4542 (b) Special exception for Alaska, Hawaii, Guam, and USVI The limitations set forth under subsection (a) shall be increased by not to exceed 50 per centum with respect to properties located in Alaska, Guam, Hawaii, and the Virgin Islands. (c) High-Cost area limit The limitations set forth under subsection (a) shall also be increased, with respect to properties of a particular size located in any area for which 115 percent of the median house price for such size residence exceeds the limitation under subsection (a) for such size residence— (1) for the first year following the date of enactment of this Act, to the lesser of 150 percent of such limitation for such size residence or the amount that is equal to 115 percent of the median house price in such area for such size residence; (2) for the second year following the date of enactment of this Act, to the lesser of 145 percent of such limitation for such size residence or the amount that is equal to 115 percent of the median house price in such area for such size residence; (3) for the third year following the date of enactment of this Act, to the lesser of 135 percent of such limitation for such size residence or the amount that is equal to 115 percent of the median house price in such area for such size residence; (4) for the fourth year following the date of enactment of this Act, to the lesser of 130 percent of such limitation for such size residence or the amount that is equal to 115 percent of the median house price in such area for such size residence; and (5) for the fifth year following the date of enactment of this Act, and each year thereafter, to the lesser of 125 percent of such limitation for such size residence or the amount that is equal to 115 percent of the median house price in such area for such size residence. 505. Portfolio reduction (a) Graduated reduction (1) In general Each enterprise shall not own, as of any applicable date, mortgage assets in excess of— (A) as of December 31, 2013, $552,500,000,000; and (B) on December 31 of each year thereafter until the FMIC certification date, 85 percent of the aggregate amount of the mortgage assets that the enterprise was permitted to own as of December 31 of the immediately preceding calendar year. (2) Retained portfolio to facilitate orderly wind down On December 31 of the year in which the FMIC certification date occurs, the Corporation shall establish an allowable amount of enterprise owned mortgage assets in an amount equal to the amount necessary to facilitate— (A) the orderly wind down of the enterprises; and (B) appropriate loss mitigation on any legacy guarantees of the enterprises. (b) Mortgage assets defined For purposes of this section, the term mortgage assets 506. Repeal of mandatory housing goals (a) Repeal of housing goals The Federal Housing Enterprises Financial Safety and Soundness Act of 1992 is amended by striking sections 1331 through 1336 ( 12 U.S.C. 4561–6 (b) Conforming amendments The Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4501 et seq.) is amended— (1) in section 1303(28), by striking , and, for the purposes designated disaster areas (2) in section 1324(b)(1)(A), by striking clauses (i), (ii), and (iv); (3) in section 1341— (A) in subsection (a)— (i) in paragraph (1), by inserting or (ii) in paragraph (2), by striking the semicolon at the end and inserting a period; and (iii) by striking paragraphs (3) and (4); and (B) in subsection (b)(2)— (i) in subparagraph (A), by inserting or (ii) by striking subparagraphs (B) and (C); and (iii) by redesignating subparagraph (D) as subparagraph (B); (4) in section 1345(a)— (A) in paragraph (1), by inserting or (B) in paragraph (2), by striking the semicolon at the end and inserting a period; and (C) by striking paragraphs (3) and (4); and (5) in section 1371(a)(2), by striking with any housing goal established under subpart B of part 2 of subtitle A of this title, with section 1336 or 1337 of this title, VI Improvements to functioning of housing market 601. Continuation of multifamily business of the enterprises (a) In general Notwithstanding any provision of title V, or any other provision of law, effective on the FMIC certification date, all functions, activities, infrastructure, property, including intellectual property, platforms, or any other object or service of an enterprise relating to the maintenance and operation of the multifamily guarantee business of an enterprise shall be transferred, without cost, to the Corporation. (b) Authority of Director The Corporation is authorized, upon such terms and conditions as it may deem appropriate, to guarantee the timely payment of principal of and interest, on any mortgage on multifamily housing purchased by the Corporation pursuant to the transfer of an enterprise's multifamily guarantee business under subsection (a). (c) Limitation on ongoing operation of multifamily business In carrying out the multifamily guarantee business of an enterprise transferred pursuant to subsection (a), the Corporation shall ensure that any such business continues to operate, as applicable, consistent with— (1) the Delegated Underwriting and Servicing Lender Program established by the Federal National Mortgage Association; and (2) the Program Plus Lender Program established by the Federal Home Loan Mortgage Corporation, especially the Series K Structured Pass-Through Certificates offered by the enterprise. (d) Explicit guarantee The full faith and credit of the United States is pledged to the payment of all amounts which may be required to be paid under any guaranty— (1) issued by the Corporation pursuant to this subsection; and (2) obligation assumed by the Corporation pursuant to the transfer of an enterprise's multifamily guarantee business under subsection (a). (e) Guarantee fee (1) In general The Corporation shall collect a reasonable fee for any guaranty under this subsection and shall make such charges as it may determine to be reasonable for the analysis of any trust or other security arrangement proposed by an issuer of a security backed by multifamily mortgages guaranteed under this section. (2) Deposit into Mortgage Insurance Fund Any guarantee fee amounts collected under this subsection shall be deposited in the Mortgage Insurance Fund. 602. Multiple lender issues With respect to the dwelling of a borrower that serves as security for an eligible mortgage, if the borrower enters into any credit transaction that would result in the creation of a new mortgage or other lien on such dwelling where the loan-to-value ratio of such credit transaction amount is 80 percent or more, the creditor of such new mortgage or other lien shall seek and obtain the approval of the creditor of the senior eligible mortgage loan before any such credit transaction becomes valid and enforceable. 603. GAO report on full privatization of secondary mortgage market (a) GAO report Not later than 8 years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on the feasibility of maintaining a fully privatized secondary mortgage market, including recommendations on how to best carry out any displacement of the insurance model established under this Act. (b) Corporation plan To transition to a fully private secondary mortgage market (1) Required submission to Congress Not later than 6 months after the date on which the report required under subsection (a) is submitted, the Corporation shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a plan to transition to a fully privatized secondary mortgage market. (2) Required content of plan The plan required to be submitted under paragraph (1) shall describe, chronicle, and specify all the legislative, administrative, and regulatory actions necessary to carry out a transition to a fully private secondary mortgage market, including all actions necessary to dissolve the Corporation and successfully displace the insurance model established under this Act. VII General provisions 701. Authority to issue regulations The Corporation may prescribe such regulations and issue such guidelines, orders, requirements, or standards as are necessary to carry out this Act, or any amendment made by this Act. 702. Fair value accounting In any evaluation, oversight, audit, or analysis by the Corporation of the cost of the Mortgage Insurance Fund, the insurance or guarantee activities of the Corporation required under this Act, including any fee or charge in connection with the provision of such insurance or guarantee, or the financial transactions of the Corporation, the Corporation shall conduct any such evaluation, oversight, audit, or analysis based on the fair-value accrual accounting method. 703. Rule of construction Nothing in this Act shall be construed to prohibit or otherwise restrict the ability of a holder of any loss position in any covered security insured under this Act from restructuring, retranching, or resecuritizing such position. 704. Severability If any provision of this Act or the application of any provision of this Act to any person or circumstance, is held invalid, the application of such provision to other persons or circumstances, and the remainder of this Act, shall not be affected thereby. 1. Short title; table of contents (a) Short title This Act may be cited as the Housing Finance Reform and Taxpayer Protection 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. TITLE I—Elimination of Fannie Mae and Freddie Mac Sec. 101. Elimination of Fannie Mae and Freddie Mac. TITLE II—Federal Mortgage Insurance Corporation Sec. 201. Establishment. Sec. 202. Management of Corporation. Sec. 203. Advisory Committee. Sec. 204. Office of the Inspector General. Sec. 205. Staff, experts, and consultants. Sec. 206. Reports; testimony; audits. Sec. 207. Specific offices. Sec. 208. Office of Consumer and Market Access. Sec. 209. Office of Multifamily Housing. Sec. 210. Equitable access for lenders and borrowers. Sec. 211. Office of Taxpayer Protection. TITLE III—Duties and responsibilities of the FMIC Subtitle A—Duties and authorities Sec. 301. Duties and responsibilities. Sec. 302. Standards for credit risk-sharing mechanisms. Sec. 303. Insurance; Mortgage Insurance Fund. Sec. 304. Loan limits; Housing Price Index. Sec. 305. Authority to protect taxpayers in unusual and exigent market conditions. Sec. 306. General powers. Sec. 307. Exemptions. Sec. 308. Regulatory consultation and coordination. Sec. 309. Authority to issue regulations. Sec. 310. Equivalency in protection of the Mortgage Insurance Fund. Subtitle B—Approval and supervision of approved entities for single-family activities Sec. 311. Approval and supervision of guarantors. Sec. 312. Approval and supervision of aggregators. Sec. 313. Approval of private mortgage insurers. Sec. 314. Approval of servicers. Sec. 315. Authority to establish and approve small lender mutuals. Sec. 316. Supervisory actions related to capital and solvency. Sec. 317. Ownership, acquisitions, and operations of covered entities. Subtitle C—Securitization Platform and Transparency in Market Operations PART I—Securitization Platform Sec. 321. Establishment of the Securitization Platform. Sec. 322. Management of the Platform. Sec. 323. Membership in the Platform. Sec. 324. Fees. Sec. 325. Purposes and obligations of the Platform. Sec. 326. Uniform securitization agreements for covered securities and required contractual terms for noncovered securities. Sec. 327. Approval and standards for collateral risk managers. PART II—Transparency in market operations Sec. 331. Review of loan documents; disclosures. Sec. 332. National mortgage database. Sec. 333. Working group on electronic registration of mortgage loans. Sec. 334. Multiple lender issues. Sec. 335. Required harmonization of standards within eligible mortgage criteria. TITLE IV—FHFA and FMIC Transition Sec. 401. Definitions. Sec. 402. FHFA transition. Sec. 403. Transfer and rights of employees of the FHFA. Sec. 404. Transition Committee. Sec. 405. Transition assessments. Sec. 406. Transfer of powers and duties on the system certification date; continuation and coordination of certain actions. Sec. 407. Technical and conforming amendments relating to abolishment of FHFA. Sec. 408. Repeal of mandatory housing goals. TITLE V—Improving transparency, accountability, and efficacy within affordable housing Sec. 501. Affordable housing allocations. Sec. 502. Housing Trust Fund. Sec. 503. Capital Magnet Fund. Sec. 504. Market Access Fund. Sec. 505. Additional taxpayer protections. Sec. 506. Promoting affordable housing investment. TITLE VI—Transition and termination of Fannie Mae and Freddie Mac Sec. 601. Minimum housing finance system criteria to be met prior to system certification date. Sec. 602. Transition of the housing finance system. Sec. 603. Resolution authority; technical amendments. Sec. 604. Wind down. Sec. 605. Portfolio reduction. Sec. 606. Oversight of transition of the housing finance system. Sec. 607. Authority to establish provisional standards. Sec. 608. Initial fund level for the Mortgage Insurance Fund. Sec. 609. GAO report on full privatization of secondary mortgage market. TITLE VII—Multifamily Sec. 701. Establishment of multifamily subsidiaries. Sec. 702. Disposition of multifamily businesses. Sec. 703. Approval and supervision of multifamily guarantors. Sec. 704. Multifamily housing requirement. Sec. 705. Establishment of small multifamily property program. Sec. 706. Multifamily housing study. Sec. 707. Multifamily platform study. Sec. 708. Short-term residential housing. TITLE VIII—General provisions Sec. 801. Rule of construction. Sec. 802. Severability. Sec. 803. Transfer notification under TILA. Sec. 804. Investment authority to support rural infrastructure. Sec. 805. Consolidation of similar housing assistance programs. Sec. 806. Bureau of Consumer Financial Protection review; GAO report. Sec. 807. Determination of budgetary effects. 2. Definitions As used in this Act, the following definitions shall apply: (1) Affiliate The term affiliate (2) Affordable rental housing The term affordable rental housing (3) Agency transfer date The term agency transfer date (4) Appropriate Federal banking agency The term appropriate Federal banking agency 12 U.S.C. 1813(q) (5) Approved aggregator The term approved aggregator (6) Approved entity The term approved entity (A) an approved guarantor; (B) an approved multifamily guarantor; (C) an approved aggregator; (D) an approved private mortgage insurer; and (E) an approved servicer. (7) Approved guarantor The term approved guarantor (8) Approved multifamily guarantor The term approved multifamily guarantor (9) Approved private mortgage insurer The term approved private mortgage insurer (10) Approved servicer The term approved servicer (11) Area The term area (12) Board; Board of Directors The terms Board Board of Directors (13) Chairperson The term Chairperson (14) Charter The term charter (A) with respect to the Federal National Mortgage Association, the Federal National Mortgage Association Charter Act (12 U.S.C. 1716 et seq.); and (B) with respect to the Federal Home Loan Mortgage Corporation, the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1451 et seq.). (15) Community Development Financial Institution The term Community Development Financial Institution 12 U.S.C. 4702 (16) Community land trust The term community land trust (A) use a ground lease to— (i) make real property affordable to low- or moderate-income borrowers; and (ii) stipulate a preemptive option to purchase the real property from the home owner at resale so that the affordability of the real property is preserved for successive low- and moderate-income borrowers; (B) monitor properties to ensure affordability is preserved over resales; and (C) support homeowners to promote successful homeownership and prevent foreclosure. (17) Corporation The term Corporation (18) Covered entity The term covered entity (A) an approved guarantor; (B) an approved multifamily guarantor; and (C) an approved aggregator that is neither an insured depository institution nor an affiliate of an insured depository institution. (19) Covered guarantee transaction (A) Definition The term covered guarantee transaction (i) any eligible mortgage loan; (ii) any pool of such eligible mortgage loans; or (iii) the payment of principal and interest on covered securities collateralized by eligible mortgage loans before payments insured by the Corporation are made. (B) Rules of construction A covered guarantee transaction— (i) shall not be construed to be— (I) a contract for sale of a commodity for future delivery or a swap under the Commodity Exchange Act; or (II) a contract of insurance or reinsurance under any Federal or State law regulating the sale, underwriting, provision, or brokerage of insurance; (ii) shall not be subject to any requirement of the Commodity Exchange Act; and (iii) shall not be subject to any requirement imposed under State law pertaining to the sale, underwriting, provision, or brokerage of insurance or reinsurance. (20) Covered market-based risk-sharing transaction (A) Definition The term covered market-based risk-sharing transaction (B) Rules of construction A covered market-based risk-sharing transaction— (i) shall not be construed to be a contract of insurance or reinsurance under any Federal or State law regulating the sale, underwriting, provision, or brokerage of insurance; and (ii) shall not be subject to any requirement imposed under State law pertaining to the sale, underwriting, provision, or brokerage of insurance or reinsurance. (21) Covered security The term covered security (A) a single-family covered security; and (B) a multifamily covered security. (22) Credit risk-sharing mechanism The term credit risk-sharing mechanism (23) CSP The term CSP common securitization platform (24) Days The term days (A) with respect to any period of time less than or equal to 10 days, business days; and (B) with respect to any period of time greater than 10 days, calendar days. (25) Depository institution holding company The term depository institution holding company 12 U.S.C. 1813(w)(1) (26) Eligible borrower The term eligible borrower (A) applies for an eligible mortgage loan; and (B) meets the standards required of a borrower to be approved for an eligible mortgage loan. (27) Eligible mortgage loan The term eligible mortgage loan (A) an eligible single-family mortgage loan; and (B) an eligible multifamily mortgage loan. (28) Eligible multifamily mortgage loan The term eligible multifamily mortgage loan (A) secured by a property with— (i) 5 or more residential units; or (ii) 2 or more residential units, if the requirement under clause (i) is waived by the Corporation for purposes of carrying out a demonstration or pilot program; (B) the primary source of repayment for which is expected to be derived from rental income generated by the property; (C) the term of which may not be less than 5 years but not more than 40 years, except that the term may be less than 5 years subject to standards set by the Corporation; (D) that satisfies any additional underwriting criteria established by the Corporation to balance supporting access to capital with managing credit risk to the Mortgage Insurance Fund, including— (i) a maximum loan-to-value ratio; (ii) a minimum debt service coverage ratio; and (iii) considerations for restrictive or special uses of a property, including non-residential uses, properties for seniors, manufactured housing, and affordability restrictions, and the impact of such uses on clauses (i) and (ii); and (E) that satisfies any additional underwriting criteria that may be established by the Corporation. (29) Eligible single-family mortgage loan The term eligible single-family mortgage loan (A) a loan that— (i) has been originated in compliance with minimum standards issued by the Corporation by regulation, provided that such standards— (I) are uniform and equal in kind, nature, and application regardless of— (aa) the originator of the mortgage loan; or (bb) the role performed by an approved entity with respect to the mortgage loan; (II) are, to the greatest extent possible, substantially similar to the regulations issued by the Bureau of Consumer Financial Protection under section 129C(b) of the Truth in Lending Act ( 15 U.S.C. 1639c (III) permit— (aa) residential real estate loans secured by a property with 1 to 4 single-family units, including units that are not owner-occupied; (bb) loans secured by manufactured homes, as defined in section 603(6) of the National Manufactured Housing Construction and Safety Standards Act of 1974 ( 42 U.S.C. 5402(6) (cc) residential real estate loans secured by a property with 1 to 4 single-family units that are originated by a State housing finance agency, as defined in section 106 of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701x (dd) loans originated by a Community Development Financial Institution; (ee) loans originated by a mission-based nonprofit lender; (ff) loans secured by real property in a permanently affordable homeownership program or community land trust; and (gg) loans to entities that provide non-owner occupied rental housing with care providers for individuals with intellectual and developmental disabilities; (ii) has a maximum original principal obligation amount that does not exceed the applicable loan limitation established under section 304; (iii) has an outstanding principal balance at the time of purchase of insurance available under title II that does not exceed 80 percent of the value of the property securing the loan, unless— (I) for such period and under such circumstances as the Corporation may require, the seller agrees to repurchase or replace the loan upon demand of the Corporation in the event the loan is in default; (II) an approved private mortgage insurer guarantees or insures— (aa) not less than 12 percent of the unpaid principal balance of the loan, accounting for any down payment required under clause (iv), for loans in which the unpaid principal balance exceeds 80 percent but not more than 85 percent of the value of the property securing the loan; (bb) not less than 25 percent of the unpaid principal balance of the loan, accounting for any down payment required under clause (iv), for loans in which the unpaid principal balance exceeds 85 percent but not more than 90 percent of the value of the property securing the loan; (cc) not less than 30 percent of the unpaid principal balance of the loan, accounting for any down payment required under clause (iv), for loans in which the unpaid principal balance exceeds 90 percent but not more than 95 percent of the value of the property securing the loan; and (dd) not less than 35 percent of the unpaid principal balance of the loan, accounting for any down payment required under clause (iv), for loans in which the unpaid principal balance exceeds 95 percent of the value of the property securing the loan; or (III) that portion of the unpaid principal balance of the loan which exceeds 80 percent of the value of the property securing the loan is subject to other credit enhancement that— (aa) meets standards comparable to the standards required of private mortgage insurers under subclause (II); and (bb) is approved by the Corporation; (iv) has a down payment that is— (I) for a first-time homebuyer, as that term shall be defined by the Corporation by regulation, equal to not less than 3.5 percent of the purchase price of the property securing the loan; or (II) for non first-time homebuyers, equal to— (aa) not less than 3.5 percent of the purchase price of the property securing the loan, if such purchase occurs prior to the system certification date or less than 1 year after the system certification date; (bb) not less than 4 percent of the purchase price of the property securing the loan, if such purchase occurs during the period that begins 1 year after the system certification date and ends less than 2 years after the system certification date; (cc) not less than 4.5 percent of the purchase price of the property securing the loan, if such purchase occurs during the period that begins 2 years after the system certification date and ends less than 3 years after the system certification date; or (dd) not less than 5 percent of the purchase price of the property securing the loan, if such purchase occurs during any period after the period set forth in item (cc); (v) satisfies standards related to establishing title or marketability of title, as may be required by the Corporation, which standards may include the required purchase of title insurance on the property securing the loan; (vi) contains such terms and provisions with respect to insurance, property maintenance, repairs, alterations, payment of taxes, default, reserves, delinquency charges, foreclosure proceedings, anticipation of maturity, additional and secondary liens, and other matters, including matters that set forth terms and provisions for establishing escrow accounts, performing financial assessments, or limiting the amount of any payment made available under the loan as the Corporation may prescribe; and (vii) contains such other terms, characteristics, or underwriting criteria as the Corporation, in consultation with the Bureau of Consumer Financial Protection, may determine necessary or appropriate; or (B) a loan refinanced pursuant to the authority granted under section 305(i). (30) Enterprise The term enterprise (A) the Federal National Mortgage Association and any affiliate thereof; and (B) the Federal Home Loan Mortgage Corporation and any affiliate thereof. (31) Extremely low-income The term extremely low-income (A) in the case of owner-occupied units, income not in excess of 30 percent of the median income of the area; and (B) in the case of rental units, income not in excess of 30 percent of the median income of the area, with adjustments for smaller and larger families, as determined by the Secretary of Housing and Urban Development. (32) Federal Home Loan Bank The term Federal Home Loan Bank (33) Federal Home Loan Bank System The term Federal Home Loan Bank System (34) FHFA related terms (A) Federal Housing Finance Agency The term Federal Housing Finance Agency (i) prior to the agency transfer date, the Federal Housing Finance Agency established under section 1311 of the Safety and Soundness Act ( 12 U.S.C. 4511 (ii) on and after the agency transfer date but prior to the system certification date, the Federal Housing Finance Agency established within the Corporation under title IV; and (iii) on and after the system certification date, the Corporation. (B) FHFA Director The term FHFA Director Director (35) Federal regulatory agencies The term— (A) Federal regulatory agency (B) Federal regulatory agencies (36) First loss position The term first loss position (A) either— (i) the fully-funded position to which any credit loss on such covered security resulting from the nonperformance of underlying mortgage loans will accrue and be absorbed, to the full extent of the holder’s interest in such position; or (ii) the guarantee provided by an approved guarantor or approved multifamily guarantor with respect to an eligible single-family mortgage loan, pool of eligible single-family mortgage loans, or a single-family covered security or eligible multifamily mortgage loan, pool of eligible multifamily mortgage loans, or a multifamily covered security, as applicable; and (B) the position or guarantee described under subparagraph (A), as applicable, which is required to absorb any initial credit loss on a covered security prior to the Corporation becoming obligated to make any payment of insurance in accordance with this Act. (37) HUD-approved housing counseling agency The term HUD-approved housing counseling agency 12 U.S.C. 1701x(e) (38) Insured depository institution The term insured depository institution (A) an insured depository institution, as defined under section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 (B) an insured credit union, as defined under section 101 of the Federal Credit Union Act (12 U.S.C. 1752). (39) Issuer For a noncovered security, the term issuer 15 U.S.C. 77b (40) Low-income The term low-income (A) in the case of owner-occupied units, income not in excess of 80 percent of median income of the area; and (B) in the case of rental units, income not in excess of 80 percent of median income of the area, with adjustments for smaller and larger families, as determined by the Secretary of Housing and Urban Development. (41) Market participant The term market participant (A) approved entity; (B) private market holder; and (C) member of the Securitization Platform. (42) Median income The term median income (43) Mission-based nonprofit lender The term mission-based nonprofit lender (A) is exempt from taxation pursuant to section 501(c)(3) (B) makes— (i) residential real estate loans for the purpose of promoting or facilitating homeownership for poor or low- or moderate-income, disabled, or other disadvantaged persons or families; or (ii) real estate loans for the purpose of promoting or facilitating affordable rental housing for low-income persons or families and subject to any other additional criteria established by the Corporation; (C) sets interest rates on such loans that— (i) are lower than the bank prime loan rate, as determined under the Federal Reserve Statistical Release of selected interest rates (commonly referred to as the H.15 (ii) are, after adjusting for inflation, no-interest loans or loans with interest rates at or below the interest rates for mortgage loans generally available in the market; (D) except as described under subparagraph (B), does not engage in the business of a mortgage originator or mortgage broker; (E) conducts its activities in a manner that serves public or charitable purposes; (F) receives funding and revenue and charges fees in a manner that does not incentivize the organization or its employees to act other than in the best interests of its clients; (G) compensates employees in a manner that does not incentivize employees to act other than in the best interests of its clients; and (H) meets such other requirements as the Corporation determines appropriate. (44) Moderate-income The term moderate-income (A) in the case of owner-occupied units, income not in excess of median income of the area; and (B) in the case of rental units, income not in excess of median income of the area, with adjustments for smaller and larger families, as determined by the Secretary of Housing and Urban Development. (45) Mortgage aggregator The term mortgage aggregator (A) arranges, in connection with a single-family covered security, a credit-risk sharing mechanism that is approved by the Corporation pursuant to section 302; (B) issues such single-family covered security through the Securitization Platform; (C) does not originate eligible single-family mortgage loans; and (D) is not affiliated with a person that actively engages in the business of originating eligible single-family mortgage loans. (46) Mortgage-backed security The term mortgage-backed security 15 U.S.C. 78c(a) (A) a mortgage loan, including any residential real estate loan or commercial real estate loan; or (B) a collateralized mortgage obligation of mortgage-backed securities. (47) Mortgage originator The term mortgage originator 15 U.S.C. 1602(cc)(2) (48) Multifamily business The term multifamily business (A) purchasing, selling, lending on the security of, or otherwise dealing in multifamily mortgage loans; (B) securitizing a pool of multifamily mortgage loans; and (C) issuing multifamily securities. (49) Multifamily covered security The term multifamily covered security (A) collateralized by eligible multifamily mortgage loans; and (B) that is insured by the Corporation pursuant to section 303. (50) Multifamily mortgage-backed security The term multifamily mortgage-backed security (51) Noncovered security The term noncovered security (52) Noneligible mortgage loan The term noneligible mortgage loan (53) Office of Finance The term Office of Finance (54) Permanently affordable homeownership program The term permanently affordable homeownership program (A) use a ground lease, deed restriction, subordinate loan, or similar legal mechanism to— (i) make real property affordable to low- or moderate-income borrowers; and (ii) stipulate a preemptive option to purchase the real property from the homeowner at resale to preserve the affordability of the real property for successive low- and moderate-income borrowers; (B) monitor properties to ensure affordability is preserved over resales; and (C) support homeowners to promote successful homeownership and prevent foreclosure. (55) Person The term person (56) Platform; Securitization Platform The terms Platform Securitization Platform (57) Platform Directors The term Platform Directors (58) Platform security The term Platform security (59) Private label mortgage-backed securities market The term private label mortgage-backed securities market (60) Private market holder The term private market holder (61) Regulated entity The term regulated entity (A) the Federal National Mortgage Association and any affiliate thereof; (B) the Federal Home Loan Mortgage Corporation and any affiliate thereof; (C) any Federal Home Loan Bank; and (D) the Securitization Platform. (62) Residential real estate loan The term residential real estate loan (A) real estate mortgage loan; (B) personal property loan secured solely by the home itself; (C) hybrid land-home loan for a manufactured home, as defined in section 603(6) of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5402(6)), to which the requirements of paragraph (29)(A)(v) shall not apply; and (D) mortgage loan secured by real property in a community land trust or permanently affordable homeownership program. (63) Safety and Soundness Act The term Safety and Soundness Act (64) Senior Preferred Stock Purchase Agreement The term Senior Preferred Stock Purchase Agreement (A) the Amended and Restated Senior Preferred Stock Purchase Agreement, dated September 26, 2008, as such Agreement has been amended on May 6, 2009, December 24, 2009, and August 17, 2012, respectively, and as such Agreement may be further amended and restated, entered into between the Department of the Treasury and each enterprise, as applicable; and (B) any provision of any certificate in connection with such Agreement creating or designating the terms, powers, preferences, privileges, limitations, or any other conditions of the Variable Liquidation Preference Senior Preferred Stock of an enterprise issued or sold pursuant to such Agreement. (65) Single-family activities The term single-family activities (66) Single-family covered security The term single-family covered security (A) collateralized by eligible single-family mortgage loans; and (B) that is insured by the Corporation pursuant to section 303. (67) Small mortgage lender The term small mortgage lender (68) Standardized covered security; standardized security for single-family covered securities The terms standardized covered security standardized single-family covered security (A) issued through the Platform; and (B) in a form, and includes the standardized and uniform terms for the security and transaction that have been, developed by the Platform Directors and approved by the Corporation for use across various issuances. (69) Standardized noncovered security; standardized security for single-family noncovered securities The terms standardized noncovered security standardized single-family noncovered security (A) issued through the Platform; and (B) in a form, and includes the standardized and uniform terms for the security and transaction that have been, developed by the Platform Directors for use across various issuances. (70) State The term State 25 U.S.C. 479a–1(a) (71) System certification date The term system certification date (72) Very low-income (A) In general The term very low-income (i) in the case of owner-occupied units, families having incomes not greater than 50 percent of the median income of the area; and (ii) in the case of rental units, families having incomes not greater than 50 percent of the median income of the area, with adjustments for smaller and larger families, as determined by the Secretary of Housing and Urban Development. (B) Rule of construction For purposes of the Housing Trust Fund established under section 1338 of the Safety and Soundness Act ( 12 U.S.C. 4568 very low-income (i) in the case of owner-occupied units, income in excess of 30 percent but not greater than 50 percent of the median income of the area; and (ii) in the case of rental units, income in excess of 30 percent but not greater than 50 percent of the median income of the area, with adjustments for smaller and larger families, as determined by the Secretary of Housing and Urban Development. I Elimination of Fannie Mae and Freddie Mac 101. Elimination of Fannie Mae and Freddie Mac (a) Fannie Mae Effective on the agency transfer date, the Corporation shall take all steps necessary to dissolve and eliminate the Federal National Mortgage Association pursuant to the provisions of this Act. The charter for the Federal National Mortgage Association shall be repealed pursuant to title VI. (b) Freddie Mac Effective on the agency transfer date, the Corporation shall take all steps necessary to dissolve and eliminate the Federal Home Loan Mortgage Corporation pursuant to the provisions of this Act. The charter for the Federal Home Loan Mortgage Corporation shall be repealed pursuant to title VI. II Federal Mortgage Insurance Corporation 201. Establishment (a) Establishment Effective on the agency transfer date, there is established the Federal Mortgage Insurance Corporation, which is charged with ensuring the safety and soundness of, and compliance with laws and regulations, fair access to financial services, and fair treatment of customers by the institutions and other persons subject to its jurisdiction and which shall have the powers hereinafter granted. (b) Purpose The purpose of the Corporation shall be to— (1) facilitate a liquid, transparent, and resilient single-family and multifamily mortgage credit market by supporting a robust secondary mortgage market, including during the transition to the new housing finance system; (2) provide insurance on any mortgage-backed security that satisfies the requirements under this Act to become a covered security; (3) monitor and supervise approved entities to the extent provided in this Act; (4) supervise the regulated entities; (5) facilitate the broad availability of mortgage credit and secondary mortgage market financing through fluctuations in the business cycle for eligible single-family and multifamily lending across all— (A) regions; (B) localities; (C) institutions; (D) property types, including housing serving renters; and (E) eligible borrowers; (6) ensure continued, widespread availability of an affordable, long-term, fixed rate, prepayable mortgage, such as a 30-year fixed rate mortgage; and (7) preserve and maintain a liquid forward execution market for eligible single-family mortgage loans and single-family covered securities, such as the To-Be-Announced market. (c) General supervisory and regulatory authority (1) In general Each approved entity shall, to the extent provided in this Act, be subject to the supervision and regulation of the Corporation. (2) Regulated entities; Office of Finance The Corporation shall have general regulatory authority over each regulated entity and the Office of Finance, and shall exercise such general regulatory authority to ensure that the purposes of this Act, any amendments made by this Act, and any other applicable law as to which the Corporation has responsibility under this Act are carried out. (d) Federal status The Corporation shall be an independent agency and an instrumentality of the Federal Government. (e) Succession The Corporation shall have succession until dissolved by an Act of Congress. (f) Principal office The Corporation shall maintain its principal office in the District of Columbia and shall be deemed, for purposes of venue in civil actions, to be a resident thereof. (g) Authority to establish other offices The Corporation may establish such other offices in such other place or places as the Corporation may deem necessary or appropriate in the conduct of its business. (h) Prohibition The Corporation shall not engage in mortgage loan origination. 202. Management of Corporation (a) Board of Directors (1) Members The management of the Corporation shall be vested in a Board of Directors consisting of 5 members who shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals who— (A) are citizens of the United States; and (B) have demonstrated technical, academic, or professional understanding of, and practical, disciplinary, vocational, or regulatory experience working in, housing and housing finance. (2) Political affiliation Not more than 3 of the members of the Board of Directors may be members of the same political party. (3) Duties The Board of Directors shall advise the Chairperson regarding overall strategies and policies to carry out the duties and purposes of this Act. (b) Chairperson and Vice Chairperson (1) Chairperson (A) Designation 1 of the members appointed pursuant to subsection (a)(1) shall be designated by the President to serve as Chairperson of the Board of Directors. (B) Term Except as provided in subsection (c)(1)(A), the Chairperson shall be appointed for a term of 5 years, unless removed before the end of such term by the President under subparagraph (C). (C) Removal for cause The President may remove the Chairperson for inefficiency, neglect of duty, or malfeasance in office. (D) Duties and authorities (i) In general The Chairperson— (I) shall— (aa) be the active executive officer of the Corporation, subject to supervision by the Board of Directors; (bb) oversee the prudential operations of each regulated entity; and (cc) ensure that each approved entity and regulated entity operates in a safe and sound manner, including— (AA) through the maintenance of adequate capital, standards, and internal controls; and (BB) by ensuring compliance with the rules, regulations, guidelines, and orders issued pursuant to this Act; and (II) may exercise such incidental powers as may be necessary or appropriate to assist the Corporation in fulfilling the duties and responsibilities of the Corporation in the supervision and regulation of each approved entity and regulated entity. (ii) Delegation The Chairperson may delegate to officers and employees of the Corporation any of the functions, powers, or duties of the Chairperson, as the Chairperson considers appropriate. (2) Vice Chairperson (A) Designation 1 of the members appointed pursuant to subsection (a)(1) shall be designated by the President to serve as Vice Chairperson of the Board of Directors. (B) Term Except as provided in subsection (c)(1)(B), the Vice Chairperson shall be appointed for a term of 5 years, unless removed before the end of such term by the President under subparagraph (C). (C) Removal for cause The President may remove the Vice Chairperson for inefficiency, neglect of duty, or malfeasance in office. (3) Acting Chairperson (A) During vacancy in the position of Chairperson Except as provided in section 402, in the event of a vacancy in the position of Chairperson of the Board of Directors or during the absence or disability of the Chairperson, the Vice Chairperson shall act as Chairperson. (B) During vacancies in the position of Chairperson and Vice Chairperson Except as provided in section 402, in the event of vacancies in the positions of Chairperson and Vice Chairperson, or during the absence or disability of both the Chairperson and the Vice Chairperson, the President shall designate 1 of the other members appointed pursuant to subsection (a)(1) as Acting Chairperson. (C) Retention of authority Any person confirmed to serve as Chairperson, or acting as Chairperson, whether designated to act as such by the President under this paragraph or acting in such capacity by operation of this paragraph or section 402, shall for the period that such person is serving as Chairperson or acting as Chairperson— (i) act for all purposes as the Chairperson; and (ii) have all the rights, duties, powers, and responsibilities of the Chairperson. (c) Staggered terms; term continuation (1) Terms (A) Term of initial Chairperson The initial member of the Board of Directors appointed pursuant to subsection (a)(1) and designated as Chairperson under subsection (b)(1) shall serve a term of 30 months. (B) Term of initial Vice Chairperson The initial member of the Board of Directors appointed pursuant to subsection (a)(1) and designated as Vice Chairperson under subsection (b)(2) shall serve a term of 30 months. (C) Term of other appointed members 1 of the other initial members of the Board of Directors appointed pursuant to subsection (a)(1) and not designated as Chairperson or Vice Chairperson under subsection (b) shall serve a term of 30 months and the other 2 initial members shall serve a term of 4 years. (D) All other terms After the expiration of the initial terms under subparagraphs (A) through (C), all subsequent members of the Board of Directors appointed pursuant to subsection (a)(1) shall serve for a term of 5 years. (2) Continuation of service Each member of the Board of Directors appointed pursuant to subsection (a)(1), including any member appointed to serve as Chairperson or Vice Chairperson, may continue to serve after the expiration of the term of office to which such member was appointed until the expiration of the next session of Congress subsequent to the expiration of said fixed term of office. (d) Vacancy; manner of fulfillment Any vacancy on the Board of Directors shall be filled in the manner in which the original appointment was made, and the person appointed to fill such vacancy shall be appointed only for the remainder of such term. (e) Compensation of members (1) Chairperson The Chairperson shall receive compensation at the rate prescribed for Level II of the Executive Schedule under section 5313 (2) Other appointed members All members of the Board of Directors not described in paragraph (1) shall receive compensation at the rate prescribed for Level III of the Executive Schedule under section 5314 of title 5, United States Code. (f) Ineligibility for other offices during service; postservice restriction (1) Restrictions during service No member of the Board of Directors may, during the time such member is serving in such capacity and for the 2-year period beginning on the date such member ceases to serve as a member of the Board of Directors— (A) be an officer, employee, or director of any— (i) insured depository institution; (ii) insured depository institution holding company; (iii) Federal Reserve bank; (iv) regulated entity; (v) approved entity; or (vi) non-bank financial institution or company that originates eligible mortgage loans; or (B) hold stock or have beneficial ownership in any— (i) insured depository institution; (ii) insured depository institution holding company; (iii) regulated entity; (iv) approved entity; or (v) non-bank financial institution or company that originates eligible mortgage loans. (2) Certification Upon taking office, each member of the Board of Directors shall certify under oath that such member has complied, and will comply, with this subsection and such certification shall be filed with the secretary of the Board of Directors. (g) Status of directors, officers, and employees (1) In general A member of the Board of Directors, officer, or employee of the Corporation has no liability under the Securities Act of 1933 ( 15 U.S.C. 77b et seq. (2) Effect on other law This subsection does not affect— (A) any other immunities and protections that may be available to such person under applicable law with respect to such transactions; or (B) any other right or remedy against the Corporation, against the United States under applicable law, or against any person other than a person described in paragraph (1) participating in such transactions. (3) Rule of construction This subsection shall not be construed to limit or alter in any way the immunities that are available under applicable law for Federal officials and employees not described in this subsection. (h) Independence (1) In general Each member of the Board of Directors shall be independent in performing his or her duties. (2) Independence determination In order to be considered independent for purposes of this subsection, a member of the Board of Directors— (A) may not, other than in his or her capacity as a member of the Board of Directors or any committee thereof— (i) accept any consulting, advisory, or other compensatory fee from the Corporation; or (ii) be a person associated with the Corporation or with any affiliate of the Corporation; and (B) shall be disqualified from any deliberation involving any transaction of the Corporation in which the member has a financial interest in the outcome of the transaction. (i) Administration Except as may be otherwise provided in this Act, the Board of Directors shall administer the affairs of the Corporation fairly and impartially and without discrimination. (j) Voting A majority vote of all members of the Board of Directors is necessary to resolve all voting issues of the Corporation. (k) Meetings The Board of Directors shall meet in accordance with the bylaws of the Corporation— (1) at the call of the Chairperson; and (2) not less frequently than once each quarter. (l) Quorum 3 members of the Board of Directors then in office shall constitute a quorum. (m) Bylaws A majority of the members of the Board of Directors may amend the bylaws of the Corporation. 203. Advisory Committee (a) Establishment (1) In general The Corporation shall establish an Advisory Committee for the purpose of advising the Office of Consumer and Market Access and the Board of Directors on developments in the primary and secondary mortgage markets that have material effects on the ongoing mission of the Corporation. (2) Duties The Advisory Committee shall provide advice and recommendations to the Office of Consumer and Market Access and the Board of Directors as to material developments in the following areas: (A) Housing prices and affordability. (B) The effectiveness of consumer protections in the housing market. (C) Volume and characteristics of eligible mortgage loan originations. (D) The condition of the rental housing market. (E) Small lender participation in the secondary mortgage market. (F) Access to credit in rural and underserved communities. (G) Competition among approved entities. (H) Fair, equitable, and nondiscriminatory access to mortgage credit for individuals and communities. (b) Composition and qualifications (1) In general The Advisory Committee shall be composed of 14 members as follows: (A) 1 member who shall have a demonstrated technical, academic, or professional understanding of, and practical, disciplinary, vocational, or regulatory experience working with, non-depository mortgage originators having less than $10,000,000,000 in total assets. (B) 1 member who shall have a demonstrated technical, academic, or professional understanding of, and practical, disciplinary, vocational, or regulatory experience working with, credit unions having less than $10,000,000,000 in total assets. (C) 1 member who shall have a demonstrated technical, academic, or professional understanding of, and practical, disciplinary, vocational, or regulatory experience working with, banks having less than $10,000,000,000 in total assets. (D) 1 member who shall have a demonstrated technical, academic, or professional understanding of, and practical, disciplinary, vocational, or regulatory experience working with, banks having more than $500,000,000,000 in total assets. (E) 1 member who shall have a demonstrated technical, academic, or professional understanding of, and practical, disciplinary, vocation, or regulatory experience working with, regional banks having more than $10,000,000,000 and less than $500,000,000,000 in total assets. (F) 1 member who shall have a demonstrated technical, academic, or professional understanding of, and practical, disciplinary, vocational, or regulatory experience with private mortgage insurance. (G) 1 member who shall have a demonstrated technical, academic, or professional understanding of, and practical, disciplinary, vocational, or regulatory experience with securitization. (H) 1 member who shall have a demonstrated technical, academic, or professional understanding of, and practical, disciplinary, vocational, or regulatory experience with investor protection and institutional investors. (I) 1 member who shall have a demonstrated technical, academic, or professional understanding of, or practical, disciplinary, or vocational experience with consumer protection. (J) 1 member who shall have a demonstrated technical, academic, or professional understanding of, or practical, disciplinary, or vocational experience with policies and programs to support sustainable homeownership. (K) 1 member who shall have a demonstrated technical, academic, or professional understanding of, or practical, disciplinary, or vocational experience with multifamily housing development. (L) 1 member who shall have a demonstrated technical, academic, or professional understanding of, or practical, disciplinary, or vocational experience with affordable rental housing. (M) 1 member who shall have a demonstrated technical, academic, or professional understanding of, or practical, disciplinary, or vocational experience with asset management. (N) 1 member who shall have a demonstrated professional understanding of and vocational experience with State bank, non-bank, or insurance regulation. (2) Experience with rural housing Of the members of the Advisory Committee identified under subparagraphs (B) and (C) of paragraph (1), at least 1 shall be required to have practical, disciplinary, or vocational experience working in rural areas and with rural borrowers. (3) Experience with fair lending Of the members of the Advisory Committee identified under paragraph (1), at least 1 shall be required to have demonstrated practical, academic, disciplinary, or vocational experience with fair lending practices and policies and programs that promote fair, equitable, and nondiscriminatory access to credit in underserved markets. (c) Member selection Members of the Advisory Committee shall be appointed to the Committee by the Chairperson, subject to approval by a majority of the Board of Directors. (d) Meetings The Advisory Committee shall meet no less frequently than once during each calendar quarter. 204. Office of the Inspector General (a) Office of Inspector General (1) Establishment On the agency transfer date, there is established the Office of the Inspector General of the Federal Mortgage Insurance Corporation. (2) Head of office (A) In general The head of the Office of the Inspector General of the Federal Mortgage Insurance Corporation shall be the Inspector General of the Federal Mortgage Insurance Corporation, who shall be appointed by the President, by and with the advice and consent of the Senate, in accordance with section 3(a) of the Inspector General Act of 1978 (5 U.S.C. App.). (B) Transitional provision Notwithstanding subparagraph (A), during the period beginning on the agency transfer date and ending on the date on which the Inspector General of the Federal Mortgage Insurance Corporation is confirmed, the person serving as the Inspector General or the Acting Inspector General for the Office of the Inspector General within the Federal Housing Finance Agency on the date that is 1 day prior to the agency transfer date shall act for all purposes as, and with the full powers of, the Inspector General of the Federal Mortgage Insurance Corporation. (3) Office of the Inspector General authorities Beginning on the agency transfer date, the authority of the Office of the Inspector General of the Federal Mortgage Insurance Corporation shall include all rights and responsibilities of the Office of the Inspector General of the Federal Housing Finance Agency as such rights and responsibilities existed on the date that is 1 day prior to the agency transfer date. (b) Provision of property and facilities The Chairperson shall provide the Office of the Inspector General of the Federal Mortgage Insurance Corporation with— (1) appropriate and adequate office space at each central and field office location established by the Corporation, together with such equipment, office supplies, and communications facilities and services as may be necessary for the Inspector General of the Federal Mortgage Insurance Corporation to operate such offices; and (2) the necessary maintenance services for— (A) any office provided under paragraph (1); and (B) the equipment and facilities located in any such office. (c) Hiring of employees, experts, and consultants Notwithstanding paragraphs (7) and (8) of section 6(a) (1) for carrying out the functions, powers, and duties of the Office of the Inspector General; and (2) to obtain the temporary or intermittent services of experts or consultants or an organization of experts or consultants, subject to the applicable laws and regulations that govern such selections, appointments, and employment, and the obtaining of such services, within the Corporation. (d) Submission of budget (1) In general For each fiscal year, the Inspector General of the Federal Mortgage Insurance Corporation shall transmit a budget estimate and request for funds to the Chairperson. (2) Required content The budget request required under paragraph (1) shall— (A) specify— (i) the aggregate amount of funds requested for such fiscal year for the operations of the Office of the Inspector General of the Federal Mortgage Insurance Corporation; and (ii) the amount requested for all training needs, including a certification from the Inspector General that the amount requested satisfies all training requirements for the Office of the Inspector General of the Federal Mortgage Insurance Corporation for that fiscal year; and (B) specifically— (i) identify and specify any resources necessary to support the Council of the Inspectors General on Integrity and Efficiency; and (ii) justify the need for any resources identified and specified under clause (i). (e) Amendments to Inspector General Act of 1978 The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in section 6(e)(3), by inserting Federal Mortgage Insurance Corporation Federal Emergency Management Agency (2) in section 8G(a)(2), by striking the Federal Housing Finance Board (3) in section 12— (A) in paragraph (1), by striking Director of the Federal Housing Finance Agency Chairperson of the Federal Mortgage Insurance Corporation (B) in paragraph (2), by striking Federal Housing Finance Agency Federal Mortgage Insurance Corporation (f) Effective date The amendments made by this section shall take effect on the agency transfer date. 205. Staff, experts, and consultants (a) Compensation (1) In general The Board of Directors may appoint and fix the compensation of such officers, attorneys, economists, examiners, and other employees as may be necessary for carrying out the functions of the Corporation. (2) Rates of pay Rates of basic pay and the total amount of compensation and benefits for all employees of the Corporation may be— (A) set and adjusted by the Board of Directors without regard to the provisions of chapter 51 or subchapter III of chapter 53 (B) reasonably increased, notwithstanding any limitation set forth in paragraph (3), if the Board of Directors determines such increases are necessary to attract and hire qualified employees. (3) Parity The Board of Directors may provide additional compensation and benefits to employees of the Corporation, of the same type of compensation or benefits that are then being provided by any agency referred to under section 1206 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1833b) or, if not then being provided, could be provided by such an agency under applicable provisions of law, rule, or regulation. In setting and adjusting the total amount of compensation and benefits for employees, the Board of Directors shall consult with and seek to maintain comparability with the agencies referred to under section 1206 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1833b). (b) Detail of government employees Upon the request of the Board of Directors, any Federal Government employee may be detailed to the Corporation without reimbursement from the Corporation, and such detail shall be without interruption or loss of civil service status or privilege. (c) Experts and consultants The Corporation may procure the services of experts and consultants as the Corporation considers necessary or appropriate. (d) Technical and professional advisory committees The Board of Directors may appoint such special advisory, technical, or professional committees as may be useful in carrying out the functions of the Corporation. 206. Reports; testimony; audits (a) Reports (1) In general After the system certification date, the Corporation shall submit, on an annual basis, to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a written report of its operations, activities, budget, receipts, and expenditures for the preceding 12-month period. (2) Contents of report The report required under subsection (a) shall include— (A) an analysis of— (i) with respect to the Mortgage Insurance Fund established under section 303(e)— (I) the current financial condition of the Mortgage Insurance Fund; (II) the exposure of the Mortgage Insurance Fund to economic conditions and an analysis of any stress tests conducted with respect to the Fund; (III) an estimate of the resources needed for the Mortgage Insurance Fund to achieve the purposes of this Act; and (IV) any findings, conclusions, and recommendations for legislative and administrative actions considered appropriate to the future activities of the Corporation; (ii) whether or not the actual reserve ratio of the Mortgage Insurance Fund met— (I) the reserve ratio set for the preceding 12-month period; or (II) the reserve ratio goals established in section 303(e)(7); (iii) the detailed plan of the Corporation to ensure that the goals set for the reserve ratio for the Mortgage Insurance Fund are met and maintained for the next 12-month period; (iv) the state of the private label mortgage-backed securities market, including the submission of a reasonable set of administrative, regulatory, and legislative proposals on how to limit the Federal Government’s footprint in the secondary mortgage market; (v) how and the extent to which the Corporation and the Small Lender Mutual established under section 315(a)(1) has fulfilled its obligations to ensure that community and mid-size banks, credit unions, and other small lenders have equitable and meaningful access to the secondary mortgage market; and (vi) the report required under section 208(b)(2)(B); (B) a discussion of the significant problems faced by consumers in shopping for or obtaining mortgage credit or services; (C) a justification of the Corporation’s budget for the preceding 12-month period; (D) a list of the significant rules and orders adopted by the Corporation, as well as other significant initiatives conducted by the Corporation, during the preceding 12-month period and the plan of the Corporation for rules, orders, or other initiatives to be undertaken during the next 12-month period; (E) a list, with a brief statement of the issues, of the public supervisory and enforcement actions to which the Corporation was a party during the preceding 12-month period; (F) the actions of the Corporation taken regarding rules, orders, and supervisory actions with respect to covered entities; and (G) an assessment of significant actions by State attorneys general or State regulators relating to Federal law within the Corporation’s jurisdiction. (b) Testimony After the system certification date, the Chairperson shall appear annually before the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives to provide testimony on the report submitted under subsection (a). (c) Reports to the Office of Management and Budget (1) Financial operating plans and forecasts The Corporation shall provide to the Director of the Office of Management and Budget copies of the— (A) Corporation’s financial operating plans and forecasts as prepared by the Corporation in the ordinary course of its operations; and (B) quarterly reports of the Corporation’s financial condition and results of operations as prepared by the Corporation in the ordinary course of its operations. (2) Rule of construction This subsection shall not be construed to— (A) require any obligation on the part of the Corporation to consult with, or obtain the consent or approval of, the Director of the Office of Management and Budget with respect to any reports, plans, forecasts, or other information referred to in paragraph (1); or (B) authorize any jurisdiction or oversight by the Director of the Office of Management and Budget over the affairs or operations of the Corporation. (d) Audit (1) Annual audit The Comptroller General of the United States shall annually audit— (A) the financial transactions of the Corporation; and (B) the Mortgage Insurance Fund. (2) Auditing standards The audit required under this subsection shall be completed in accordance with the United States generally accepted government auditing standards as may be prescribed by the Comptroller General. (3) Place of audit The audit required under this subsection shall be conducted at the place or places where accounts of the Corporation are normally kept. (4) Access Notwithstanding any other provision of law, upon request and in such reasonable form as the Comptroller General may request, the Comptroller General shall have access to— (A) any records, books, accounts, documents, reports, files, papers, property, or other information under the control of or used by the Corporation; (B) any records or other information under the control of a person or entity acting on behalf of or under the authority of the Corporation, to the extent that such records or other information are relevant to an audit required under this subsection; and (C) the officers, directors, employees, financial advisors, staff, working groups, and agents and representatives of the Corporation (relating to the activities on behalf of the Corporation of such agent or representative). (5) Rule of construction All records, books, accounts, documents, reports, files, papers, property, or other information referred to in paragraph (4) shall remain in the possession and custody of the Corporation. (6) Copies The Comptroller General may, as the Comptroller General considers appropriate, make and retain copies of the records, books, accounts, documents, reports, files, papers, property, or other information to which the Comptroller General is granted access under paragraph (3). (7) Report (A) Submission to Congress The Comptroller General shall submit to Congress a report of each annual audit conducted under this subsection not later than six and one-half months following the close of the year covered by such audit. (B) Required content The report required under subparagraph (A) shall— (i) set forth the scope of the audit; and (ii) include— (I) the statement of assets and liabilities, as well as any surplus or deficit; (II) the statement of income and expenses; (III) the statement of sources and application of funds; (IV) such comments and information as the Comptroller General may deem necessary to inform Congress of the financial operations and condition of the Corporation and the Mortgage Insurance Fund, together with such recommendations with respect thereto as the Comptroller General may deem advisable; and (V) a description of any program, expenditure, or other financial transaction or undertaking observed in the course of the audit, which, in the opinion of the Comptroller General, has been carried on or made without authority of law. (C) Copies A copy of each report required under subparagraph (A) shall be furnished to the President and to the Chairperson at the time such report is submitted to Congress. (8) Assistance and costs (A) Permitted use of outside assistance For the purpose of conducting an audit under this subsection, the Comptroller General may employ by contract, without regard to section 3709 of the Revised Statutes of the United States ( 41 U.S.C. 6101 (B) Cost of audit covered by Corporation (i) In general Upon the request of the Comptroller General, the Chairperson shall transfer to the Comptroller General from funds available the amount requested by the Comptroller General to cover the reasonable costs of any audit and report conducted by the Comptroller General pursuant to this subsection. (ii) Credit of funds The Comptroller General shall credit funds transferred under clause (i) to the account at the United States Treasury established for salaries and expenses of the Government Accountability Office, and such amounts shall be available upon receipt and without fiscal year limitation to cover the full costs of the audit and report. 207. Specific offices (a) Establishment (1) General authority The Corporation— (A) shall establish within the Corporation any office required to be established by this Act; (B) may establish such other offices or suboffices as are necessary and proper for the functioning of the Corporation; and (C) may eliminate or consolidate any office or suboffice established under subparagraph (B). (2) Appointments Except as may otherwise be specifically provided, the head of any office established pursuant to paragraph (1) shall be appointed by the Board of Directors. (b) Underwriting The Corporation shall establish an Office of Underwriting in the Corporation, whose functions shall include ensuring that eligible single-family mortgage loans that collateralize single-family covered securities insured under this Act comply with the requirements of this Act and minimize risk to the Mortgage Insurance Fund. (c) Securitization The Corporation shall establish an Office of Securitization in the Corporation, whose functions shall include— (1) overseeing and supervising the Securitization Platform established under part I of subtitle C of title III; and (2) ensuring that small mortgage lenders have equitable access to— (A) the Securitization Platform, including through the development and facilitation of options such as multi-guarantor pools and multi-lender pools of eligible single-family mortgage loans to be securitized and issued as single-family covered securities through such Platform; and (B) any small lender mutual established or approved under section 315. (d) Federal Home Loan Banks (1) In general Upon the system certification date, the Corporation shall establish an Office of Federal Home Loan Bank Supervision in the Corporation, whose functions shall include— (A) overseeing, coordinating, and supervising the Federal Home Loan Banks and the Federal Home Loan Bank System; (B) supervising any authorized subsidiary of 1 or more Federal Home Loan Banks that is an approved aggregator pursuant to section 312(m), including with respect to the capitalization of any such subsidiary; (C) serving as the central point of coordination within the Corporation with respect to any regulations or regulatory actions relating to the role of a Federal Home Loan Bank, or subsidiary or joint office thereof, as a covered entity; and (D) monitoring whether any regulation or regulatory action taken with respect to a Federal Home Loan Bank, or subsidiary or joint office thereof, approved under section 312 in its role as a covered entity does not adversely impact the traditional liquidity and advance mission of the Federal Home Loan Banks and Federal Home Loan Bank System. (2) Transfer of functions Effective on the system certification date, there are transferred to the Office of Federal Home Loan Bank Supervision in the Corporation all functions of the Federal Housing Finance Agency of the Corporation relating to— (A) the supervision of the Federal Home Loan Banks and the Federal Home Loan Bank System; and (B) all rulemaking authority of the Federal Housing Finance Agency of the Corporation relating to the Federal Home Loan Banks and the Federal Home Loan Bank System. 208. Office of Consumer and Market Access (a) Establishment The Corporation shall establish an Office of Consumer and Market Access in the Corporation, whose functions shall include the responsibilities set forth under subsection (b). (b) Responsibilities (1) Administering the Market Access Fund The Office of Consumer and Market Access shall administer the Market Access Fund established under section 504. (2) Monitoring, coordinating, and facilitating the needs of underserved markets (A) In general The Office of Consumer and Market Access shall— (i) monitor, on a macro level, the national, regional, and area single-family and multifamily housing finance markets to identify underserved markets, communities, and consumers in accordance with the market segments identified and defined under section 210; (ii) coordinate with Federal and State agencies regarding existing policies and initiatives that address— (I) the housing needs of underserved markets, communities, and consumers; and (II) the affordable housing needs of markets, communities, and consumers; and (iii) provide information on business practices and technical assistance to market participants regarding communities identified as underserved with regards to addressing the housing needs of consumers in that community. (B) Annual state of covered securities market report (i) In general The Office of Consumer and Market Access shall, on an annual basis, submit a report to Congress on the state of the covered securities market, and make such report available to the public. (ii) Required content The report required under clause (i) shall include— (I) an assessment of the extent to which the covered securities market is providing liquidity to eligible borrowers in all segments of the mortgage origination primary market, including underserved segments identified and defined by the Corporation under section 210; and (II) recommendations for such legislative, regulatory, or administrative actions as may be necessary to address any deficiencies in the availability of mortgage credit in any market or region identified pursuant to clause (i) via existing Federal programs or the covered securities market. (iii) Reliance on public data In preparing each report required under this subparagraph, the Office of Consumer and Market Access— (I) shall use, to the maximum extent practicable, publicly available data and data otherwise collected under this Act; and (II) shall not include or review any confidential information or information collected by the Corporation as part of its supervisory or examination authorities that is confidential. (C) Incentive study The Office of Consumer and Market Access shall, on a biennial basis, conduct a study on incentives to encourage mortgage lenders and mortgage originators to address the housing needs of underserved markets and communities. (D) Inclusion in annual report The Corporation shall include the report required in subparagraph (B) and the study required in subparagraph (C) in the annual report required under section 206. (E) Consultation The Office of Consumer and Market Access shall consult with the Federal Home Loan Banks and any small lender mutual established or approved under section 315 on approaches, methods, and practices designed to address the housing needs of underserved markets and communities. 209. Office of Multifamily Housing The Corporation shall establish an Office of Multifamily Housing in the Corporation, whose functions shall include— (1) developing, adopting, and publishing specific eligibility criteria to ensure that eligible multifamily mortgage loans that collateralize multifamily covered securities insured under this Act comply with the requirements of this Act; and (2) performing any other activity relating to the multifamily housing finance system that the Corporation may determine appropriate to fulfill the requirements of this Act. 210. Equitable access for lenders and borrowers (a) Equitable access in underserved market segments (1) In general Subject to subsection (b), the Corporation shall seek to support the primary mortgage market for eligible mortgage loans on an equitable, nondiscriminatory, and non-exclusionary basis to help ensure that all eligible borrowers have access to mortgage credit, including underserved segments of the primary mortgage market as identified and defined by the Corporation under paragraph (2). (2) Underserved market segments The Corporation shall, by regulation, identify and define not more than 8 segments of the primary mortgage market in which lenders and eligible borrowers have been determined to lack equitable access to the housing finance system facilitated by the Corporation. The regulation required under this paragraph shall set forth the criteria by which the Corporation identified such underserved market segments. The identified underserved market segments required to be identified and defined under this paragraph may include the following: (A) Historically underserved communities, including rural and urban areas. (B) Manufactured housing. (C) Small balance loans. (D) Low- and moderate-income creditworthy borrowers. (E) Preservation of existing housing stock created by State or Federal laws. (F) Affordable rental housing. (3) Reports on serving underserved market segments (A) Annual reports The Corporation shall require that each approved guarantor and approved aggregator engaged in a covered guarantee transaction or in a covered market-based risk-sharing transaction submit on annual basis a public report describing the actions taken by such approved guarantor or approved aggregator during the year, consistent with its business judgment, to provide credit to the underserved market segments identified and defined by the Corporation pursuant to this subsection, including corporate practices designed to serve such identified market segments. The annual report required under this subparagraph shall be approved by the board of directors and signed by the chief executive officer of the approved guarantor or approved aggregator submitting the report. (B) Report template The Corporation may establish an optional template for the annual report required under subparagraph (A). (C) Report not subject to prior review or approval An annual report required under subparagraph (A) shall not be subject to prior review or approval by the Corporation. (D) Coordination with other Federal and State agencies The Corporation shall, in establishing the requirements for the annual report required under subparagraph (A), coordinate with other Federal and State agencies, as necessary, to reduce duplicative reporting requirements. (b) Limitations (1) Limitation on use of authorities and information In carrying out this title, the Corporation shall not interfere with the exercise of business judgment of an approved aggregator or approved guarantor in determining which specific mortgage loans to include in a covered guarantee transaction or a covered market-based risk-sharing transaction, including through the Corporation’s use of— (A) the approval process for a guarantor or an aggregator established under subtitle B of title III; (B) its general supervisory and examination authorities under subtitle B of title III; or (C) information collected under this section, section 501, or section 208. (2) Rule of construction Nothing in this subsection shall prevent the imposition of the variable incentive-based fees authorized in section 501 nor shall it exempt covered entities from compliance with the Fair Housing Act (42 U.S.C. 3601 et seq.) and the Equal Credit Opportunity Act ( 15 U.S.C. 1691 et seq. (3) Consistency with safety and soundness The Corporation shall take appropriate measures designed to ensure that the requirements under this section are implemented in a manner consistent with safety and soundness principles. 211. Office of Taxpayer Protection (a) Establishment The Corporation shall establish an Office of Taxpayer Protection whose functions shall include the responsibilities set forth under subsection (b). (b) Responsibilities (1) Study on market concentration and the impact of the FMIC guarantee The Office of Taxpayer Protection shall, on a semi-annual basis, conduct a study and submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on— (A) market concentration in the secondary mortgage markets, including the exposure of the Mortgage Insurance Fund to the top 10 largest approved aggregators and approved guarantors, as measured by the total outstanding principal balance at origination of eligible single-family mortgage loans collateralizing single-family covered securities for which such aggregator or guarantor has obtained insurance provided under this Act in the previous 6 months; (B) the general state of underwriting standards in the origination of eligible single-family mortgage loans and the effect of insurance provided under this Act on such underwriting standards; (C) whether the insurance provided under this Act produces a subsidy to any approved entity or approved entities; (D) a comparison of the treatment in the secondary mortgage markets of mortgage-backed securities guaranteed by the Government National Mortgage Association and single-family covered securities insured under this Act, which shall include— (i) a discussion of the characteristics of— (I) mortgage loans collateralizing mortgage-backed securities guaranteed by the Government National Mortgage Association; and (II) eligible single-family mortgage loans collateralizing single-family covered securities insured under this Act; and (ii) an analysis of any actions taken in the secondary mortgage markets to manipulate the guarantee provided by the Government National Mortgage Association and the insurance provided under this Act to the advantage of the secondary mortgage markets; and (E) what steps the Corporation has taken to minimize any potential long-term costs to the taxpayers and the Mortgage Insurance Fund relating to risks identified in subparagraphs (A) through (D). (2) Annual report on taxpayer protection and the exposure of the Mortgage Insurance Fund (A) In general The Office of Taxpayer Protection shall, on an annual basis, submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives containing the information required under subparagraph (B). (B) Required content The report required under subparagraph (A) shall— (i) include an analysis of the adequacy of— (I) the first loss position required under this Act, including the sufficiency of any permissible risk-sharing or risk mitigation permitted as a substitute for equity capital intended to cover the initial credit losses on a covered security prior to use of any amounts in the Mortgage Insurance Fund, the ability of the first loss position to absorb credit loss on covered securities, and to protect taxpayers; and (II) the performance of eligible single-family mortgage loans collateralizing single-family covered securities insured under this Act based upon current underwriting standards and how that performance differs from the performance of noneligible mortgage loans based upon the underwriting standards for such noneligible mortgage loans, including with respect to— (aa) debt to income ratio; (bb) loan to value ratios; (cc) credit history; (dd) loan documentation; (ee) occupancy status; (ff) credit enhancements; (gg) housing counseling by a HUD-approved housing counseling agency; (hh) loan payments; (ii) the purpose of the loan, such as to refinance or purchase a home; (jj) the type of loan product, such as a 30-year fixed interest rate mortgage loan, a 15-year fixed interest rate mortgage loan, or an adjustable interest rate mortgage loan; (kk) the mortgage loan origination channel; and (ll) such other underwriting criteria that would be useful to the Director of Taxpayer Protection; and (ii) provide recommendations for such legislative, regulatory, or administrative actions to— (I) address any need to further limit overexposure of the Mortgage Insurance Fund to any 1 approved entity or business practice; (II) foster and encourage a robust private secondary mortgage market for noneligible mortgage loans and mortgage-backed securities that are not guaranteed by the Government National Mortgage Association; and (III) assist the Corporation in protecting taxpayers, including a recommendation as to whether a counter-cyclical increase of the reserve ratio of the Mortgage Insurance Fund or of the capital standards required of individual approved guarantors is necessary to protect taxpayers. (3) Annual report on system-wide leverage The Office of Taxpayer Protection shall, on an annual basis, submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on system-wide leverage in the secondary mortgage market. (4) Annual report on early payment defaults The Office of Taxpayer Protection shall, on an annual basis, submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on early payment defaults on eligible single-family mortgage loans for the preceding year, which shall include any eligible single-family mortgage loan that becomes delinquent or that is in default within 24 months of the origination of the loan. (5) Inclusion in annual report The Corporation shall include the reports required under paragraphs (2) and (3) in the annual report required under section 206. (6) Reliance on public data In preparing each report required under this section, the Office of Taxpayer Protection— (A) shall use, to the maximum extent practicable, publicly available data and data otherwise collected under this Act; and (B) shall not include or review any confidential information or information collected by the Corporation as part of its supervisory or examination authorities that is confidential. III Duties and responsibilities of the FMIC A Duties and authorities 301. Duties and responsibilities (a) Duties The principal duties of the Corporation shall be to— (1) carry out this Act in a manner that fulfills the purposes of the Corporation as described in section 201(b); (2) minimize any potential long-term cost to the taxpayer, including through the use of the Mortgage Insurance Fund, the assessment of insurance fees, and the approval of approved entities and credit risk-sharing mechanisms; (3) facilitate fair access to the secondary mortgage market for small mortgage lenders originating eligible single-family and multifamily mortgage loans, including through the establishment, approval, and oversight of small lender mutuals; (4) ensure integrity and discipline in the mortgage market, particularly by monitoring the safety and soundness of regulated entities and approved entities; (5) ensure that approved entities maintain the capacity to further the requirements of the Corporation pursuant to section 201(b)(5) and that approved guarantors, approved multifamily guarantors, and approved aggregators are in compliance with section 210(a)(3); (6) promote the standardization of the secondary mortgage market through the use of uniform securitization agreements, servicing agreements, and the Securitization Platform; (7) increase transparency in single-family and multifamily mortgage markets, including through the National Mortgage Database; and (8) ensure continued, widespread availability of an affordable, long-term, fixed rate, prepayable mortgage, such as a 30-year fixed rate mortgage. (b) Scope of authority The authority of the Corporation shall include the authority to exercise such incidental powers as may be necessary or appropriate to fulfill the duties and responsibilities of the Corporation set forth in this Act. (c) Delegation of authority The Board of Directors may delegate to any duly authorized employee or representative any power vested in the Corporation by law. 302. Standards for credit risk-sharing mechanisms (a) Approval (1) Authority The Corporation shall develop, adopt, and publish, after notice and comment, standards for the consideration and, as appropriate, the approval of credit risk-sharing mechanisms that shall require that the first loss position of private market holders on single-family covered securities is— (A) adequate to cover losses that might be incurred in a period of economic stress, including national and regional home price declines, such as those observed during moderate to severe recessions in the United States; and (B) not less than 10 percent of the principal or face value of the single-family covered security at the time of issuance. (2) Fraud prohibition (A) Prohibition It shall be unlawful for any person to intentionally create and issue any instrument or security as a first loss position on a single-family covered security that such person knows or in the exercise of reasonable care should have known does not satisfy the requirements of this section. (B) Penalty Violations of subparagraph (A) shall be punishable in accordance with section 1343 (b) Approval of credit risk-sharing mechanisms (1) Considerations for approval of various mechanisms In approving credit risk-sharing mechanisms under subsection (a), the Corporation shall— (A) consider proposals that include credit-linked structures or other instruments that are designed to absorb credit losses on single-family covered securities; (B) consider any credit risk-sharing mechanisms undertaken by the enterprises; (C) ensure that the first loss position is fully funded to meet the requirements of subsection (a)(1)(B); (D) ensure that each type of proposed mechanism— (i) enables the Corporation to verify that the first loss position is fully funded; (ii) minimizes any potential long-term cost to the taxpayer; (iii) accommodates the availability of mortgage credit on equal and transparent terms in the secondary mortgage market for— (I) small mortgage lenders; and (II) lenders from all geographic locations, including rural locations; (iv) allows for broad availability of mortgage credit and secondary mortgage market financing through fluctuations in the business cycle for eligible single-family lending across all— (I) regions; (II) localities; (III) institutions; (IV) property types, including housing serving renters; and (V) eligible borrowers; (v) fulfills the requirements under section 314 with respect to loan modifications and foreclosure prevention; (vi) does not prevent the securitization of refinanced or modified eligible single-family mortgage loans within single-family covered securities during a period when the authority under section 305(i) is exercised; (vii) does not diminish market liquidity and resiliency; (viii) does not prevent the refinancing of underwater eligible single-family mortgage loans; and (ix) does not present an unnecessary risk to the Mortgage Insurance Fund; (E) consider whether the approval of any credit risk-sharing mechanism will impair the operation and liquidity of forward market executions for eligible single-family mortgage loans and single-family covered securities, such as the To-Be-Announced market, taking into consideration other risk-sharing options available to market participants; and (F) take necessary steps to prevent abuse and deceptive practices in the use of the credit risk-sharing mechanisms, including by— (i) creating appropriate standards relating to— (I) the vintages or categories of covered securities that are referenced by a credit risk-sharing mechanism; (II) standardization of the terms and features of credit risk-sharing structures; and (III) measures that prevent the duplicative sale by a guarantor of the same mortgage credit risk in the same pool of eligible single-family mortgage loans; and (ii) requiring additional disclosures and affirmative representations that must be made by entities that create and issue credit risk-sharing mechanisms. (2) Notice and publication The Corporation shall— (A) provide prompt notice to any person seeking approval for a credit risk-sharing mechanism of the approval or denial of that credit risk-sharing mechanism; and (B) make available detailed information regarding approved mechanisms on the website of the Corporation. (3) Review of approved credit risk-sharing mechanisms (A) Authority to suspend The Corporation may, from time to time and in its discretion— (i) conduct reviews of approved credit risk-sharing mechanisms to determine whether such credit risk-sharing mechanisms continue to satisfy the considerations for approval under paragraph (1); (ii) assess the functioning of the forward market for eligible single-family mortgage loans and single-family covered securities, including the To-Be-Announced market, to determine whether any approved credit risk-sharing mechanism has adversely affected the liquidity or resiliency of such market; and (iii) suspend the approval of— (I) any credit risk-sharing mechanism that it determines does not satisfy the considerations for approval under paragraph (1); or (II) any credit risk-sharing mechanism that it determines has adversely affected the liquidity or resiliency of the forward market for eligible single-family mortgage loans and single-family covered securities, including the To-Be-Announced market. (B) Reconsideration (i) Development of expedited process The Corporation shall develop an expedited process for the reinstatement of the approval of any credit risk-sharing mechanism that is suspended under subparagraph (A)(iii). (ii) Revision of mechanism If a credit risk-sharing mechanism is suspended under subparagraph (A)(iii), the credit risk-sharing mechanism may be adapted or revised, as necessary, for reconsideration for reinstatement of the approval of the credit risk-sharing mechanism under the expedited process developed under clause (i). (C) No effect on existing mechanisms The suspension of the approval of any credit risk-sharing mechanism under subparagraph (A)(iii) shall have no effect on the status of single-family covered securities and related instruments using the credit risk-sharing mechanism that were issued prior to the suspension. (4) Additional credit risk-sharing mechanisms (A) Approval In addition to credit risk-sharing mechanisms approved by the Corporation under subsection (a), the Corporation shall consider and may approve additional fully-funded credit risk-sharing mechanisms that— (i) may be employed by an approved guarantor to manage the credit risk relating to guarantees provided for single-family covered securities; and (ii) do not represent the first loss position with respect to single-family covered securities. (B) Rule of construction Nothing in this paragraph shall be construed to limit an approved guarantor from engaging in other forms of risk-sharing or risk mitigation using mechanisms that have not been considered or approved by the Corporation. (5) Reports (A) In general Not later than 1 year after the agency transfer date, and annually thereafter until the system certification date, the Corporation shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives that— (i) discusses each credit risk-sharing mechanism that the Chairperson considered in carrying out the requirements of this section; (ii) describes how the operation and execution of each approved credit risk-sharing mechanism fulfills the requirements of this section; and (iii) explains how the Corporation arrived at the determinations made under clause (ii), including a discussion of the data considered. (B) Subsequent reports On the system certification date and annually thereafter, the Corporation shall publish in the Federal Register a list of the credit risk-sharing mechanisms that the Corporation approved or suspended, addressing the identical concerns set forth under clauses (i) through (iii) of subparagraph (A) and, with respect to any suspension, the considerations under paragraph (1) that are no longer satisfied. (C) Multifamily reports The Corporation shall include in the reports prepared under subparagraphs (A) and (B) a description of the credit risk-sharing mechanisms approved by the Corporation for multifamily guarantors pursuant to section 703. (c) Collateral diversification standards The Corporation shall establish standards, after notice and comment, for the appropriate minimum level of diversification for eligible single-family mortgage loans that collateralize single-family covered securities that are issued subject to an approved credit risk-sharing mechanism in order to reduce the credit risk such single-family covered securities could pose to the Mortgage Insurance Fund. (d) Rule of construction Nothing in this section shall be construed to require the Corporation to approve any credit risk-sharing mechanism. (e) Applicability of the Commodity Exchange Act and Securities Act of 1933 (1) Exemption from the Commodity Exchange Act; prior consultation required (A) Exemption No counterparty that enters into a swap, as that term is defined in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a 7 U.S.C. 1a (B) Prior consultation required Before approving any credit risk-sharing mechanism that would be exempt from the Commodity Exchange Act pursuant to subparagraph (A), the Corporation shall consult with the Commodity Futures Trading Commission. (2) Exemption from section 27B of the Securities Act of 1933; prior consultation required (A) Exemption Any credit risk-sharing mechanism that is approved by the Corporation pursuant to this section, which credit risk-sharing mechanism is designed to be used or is used by a private market holder to assume losses and to reduce the specific risks arising from losses realized under such credit risk-sharing mechanism associated with any single-family covered security insured in accordance with section 303 or section 305, shall be exempt from section 27B of the Securities Act of 1933 (15 U.S.C. 77z-2a). (B) Prior consultation required Before approving any credit risk-sharing mechanism that would be exempt from section 27B of the Securities Act of 1933 pursuant to subparagraph (A), the Corporation shall consult with the Securities and Exchange Commission. 303. Insurance; Mortgage Insurance Fund (a) Authority The Corporation shall, in exchange for a fee in accordance with subsection (e)(8), insure the payment of principal and interest on a covered security with respect to any failure to pay on such covered security subject to the requirements of this section. (b) Terms and conditions (1) In general The Corporation shall, by regulation, establish terms and conditions for the provision of insurance under this Act. (2) Single-family The terms and conditions required to be established under paragraph (1) shall, for single-family covered securities, include terms and conditions that ensure— (A) eligible single-family mortgage loans collateralizing single-family covered securities have been delivered to the Platform; and (B) with respect to each single-family covered security, either— (i) private market holders have taken a first loss position that satisfies the requirements of section 302; or (ii) an approved guarantor has provided a guarantee in satisfaction of the requirements of section 311. (3) Multifamily The terms and conditions required to be established under paragraph (1) shall, for multifamily covered securities, include terms and conditions that ensure, with respect to each multifamily covered security, that an approved multifamily guarantor has provided a guarantee in satisfaction of the requirements of section 703. (c) Cash payments; continued operations The Corporation shall facilitate the timely and unconditional payment of principal and interest on covered securities insured under this Act by paying, in cash when due, any shortfalls in principal and interest due on the covered security, and continuing to charge and collect any fees for the provision of insurance (in accordance with subsection (e)(8)) relating to the covered security in the event of any losses that may be incurred (1) in excess of a payment default on the covered security that exceeds the first loss position assumed by a private market holder, (2) in the case of a covered security that is guaranteed by an approved guarantor or approved multifamily guarantor as a result of the insolvency of the guarantor, or (3) upon the failure of the servicer or guarantor to transfer to the bond administrator for the covered security funds in amounts necessary to make timely payment of principal and interest due on the covered security. (d) Cost recovery In the event the Corporation makes a payment on a covered security based on subsection (c)(3), the Corporation shall recover such amount paid, and reasonable costs and expenses, from the servicer or guarantor. (e) Mortgage Insurance Fund (1) Establishment On the agency transfer date, there shall be established the Mortgage Insurance Fund, which the Corporation shall— (A) maintain and administer; (B) use to carry out the insurance functions authorized under this Act, including any function or action authorized under section 305; and (C) invest in accordance with the requirements of paragraph (10). (2) Deposits The Mortgage Insurance Fund shall be credited with any— (A) fee amounts required to be deposited in the Fund under this section; (B) amounts earned on investments pursuant to paragraph (10); (C) assessment amounts authorized to be deposited into the Fund under section 405(b); and (D) assessment amounts required to be deposited into the Fund under section 608(c). (3) Fees for single-family and multifamily covered securities In determining the amount of any fee to be charged by the Corporation under this section, the Corporation shall charge a separate fee for single-family covered securities and multifamily covered securities, as appropriate for each asset class. (4) Separate accounting required The Corporation shall keep and maintain separate accounting for deposits in the Mortgage Insurance Fund related to fee amounts charged and collected for the insurance of single-family covered securities and multifamily covered securities. (5) Fiduciary responsibility The Corporation has the responsibility to ensure that the Mortgage Insurance Fund remains financially sound. (6) Use and treatment of amounts in the Fund (A) In general The Mortgage Insurance Fund shall be solely available to the Corporation for use by the Corporation to carry out the functions authorized by this Act, for the expenses of the Corporation, and for— (i) compensation of the employees of the Corporation; (ii) purposes of— (I) funding the CSP; and (II) establishing the Securitization Platform under section 321, multifamily subsidiaries under section 701, the initial Small Lender Mutual under section 315, and any other entity authorized by this Act that facilitates an orderly transition to the new housing finance system; and (iii) covering all other expenses of the Corporation. (B) Prohibition The Mortgage Insurance Fund may not be used or otherwise diverted to cover any other expense of the Federal Government. (C) Exemption from apportionment Notwithstanding any other provision of law, amounts in the Mortgage Insurance Fund shall not be subject to apportionment for the purposes of chapter 15 (D) Not Government funds Amounts in the Mortgage Insurance Fund shall not be construed to be Government or public funds or appropriated money. (7) Reserve ratio goals for Mortgage Insurance Fund The Corporation shall— (A) endeavor to ensure that the Mortgage Insurance Fund attains a reserve ratio— (i) of 1.25 percent of the sum of the outstanding principal balance of the covered securities for which insurance is being provided under this title within 5 years of the system certification date; and (ii) of 2.50 percent of the sum of the outstanding principal balance of the covered securities for which insurance is being provided under this title within 10 years of the system certification date; and (B) after the expiration of the period referred to in subparagraph (A)(ii), endeavor to ensure that the Mortgage Insurance Fund maintains a reserve ratio of not less than 2.50 percent of the sum of the outstanding principal balance of the covered securities for which insurance is being provided under this title. (8) Maintenance of reserve ratio; establishment of fees (A) Establishment of fees The Corporation shall charge and collect a fee, and may in its discretion increase or decrease such fee, in connection with any insurance provided under this title to— (i) achieve and maintain the reserve ratio goals established under paragraph (7); and (ii) fund the operations of the Corporation. (B) Fee considerations In establishing fees under subparagraph (A), the Corporation shall consider— (i) the expected operating expenses of the Mortgage Insurance Fund; (ii) the risk of loss to the Mortgage Insurance Fund in carrying out the requirements under this Act; (iii) the risk presented by, and the loss absorption capacity of, the credit risk-sharing mechanism or guarantee that is provided on the pool of eligible mortgage loans collateralizing the covered security to be insured under this title; (iv) economic conditions generally affecting the mortgage markets; (v) the extent to which the reserve ratio of the Mortgage Insurance Fund met— (I) the reserve ratio set for the preceding 12-month period; or (II) the reserve ratio goals established in paragraph (7); and (vi) any other factors that the Corporation determines appropriate. (C) Fee uniformity The fee required under subparagraph (A)— (i) except as provided in subparagraph (D), shall be set at a uniform amount applicable to all institutions purchasing insurance under this title; (ii) may not vary— (I) by geographic location; or (II) by the size of the institution to which the fee is charged; and (iii) may not be based on the volume of insurance to be purchased. (D) Separate and distinct fees based on credit risk-sharing mechanisms Nothing in subparagraph (C) shall prohibit or be construed to prohibit the Corporation from charging separate and distinct fees under this paragraph based on the type or form of credit risk-sharing mechanism applicable to the covered security to be insured under this title. (E) Deposit into Mortgage Insurance Fund Any fee amounts collected under this paragraph shall be deposited in the Mortgage Insurance Fund. (9) Full faith and credit The full faith and credit of the United States is pledged to the payment of all amounts from the Mortgage Insurance Fund which may be required to be paid under any insurance provided under this title. (10) Investments (A) In general The Board of Directors may request the Secretary of the Treasury to invest such portion of amounts in the Mortgage Insurance Fund that, in the judgment of the Board, is not required to meet the current needs of the Corporation. (B) Eligible investments Pursuant to a request under subparagraph (A), the Secretary of the Treasury shall invest such portions in obligations of the United States with maturities suitable to the needs of the Corporation, as determined by the Board, and bearing interest at a rate determined by the Secretary of the Treasury, taking into consideration, at the time of the investment, market yields on outstanding marketable obligations of the United States of comparable maturity. (C) Prohibited investments Amounts in the Mortgage Insurance Fund may not be invested in any— (i) covered security insured under this title; or (ii) mortgage-backed security issued by the enterprises. (f) Mandatory loss review by the Inspector General of the Federal Mortgage Insurance Corporation (1) In general If the Mortgage Insurance Fund is required to make any payment of principal or interest, or both, on a covered security with respect to losses incurred on such covered security to any holder of such covered security, the Inspector General of the Federal Mortgage Insurance Corporation shall— (A) review and make a written report to the Corporation regarding the decision of the Corporation to insure such covered security and the supervision by the Corporation of all market participants involved in the creation, issuance, servicing, guarantee of, or insurance of such covered security, which shall— (i) ascertain why the covered security resulted in a loss to the Mortgage Insurance Fund; and (ii) make recommendations for preventing any such loss in the future; and (B) provide a copy of the report required under subparagraph (A) to— (i) the Comptroller General of the United States; (ii) the appropriate Federal banking agency or State regulatory authority, as appropriate, of any market participant involved in the creation, issuance, servicing, guarantee of, or insurance of such covered security; and (iii) the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. (2) Deadline for report The Inspector General of the Federal Mortgage Insurance Corporation shall comply with paragraph (1) as expeditiously as possible, but in no event shall the report required under paragraph (1) be submitted later than 6 months after the date on which the loss was incurred. (3) Public disclosure required (A) In general The Corporation shall disclose any report on losses required under this subsection, upon request under section 552 (i) any portion under section 552(b)(5) of that title; or (ii) any information under paragraph (4) (other than trade secrets) or paragraph (8) of section 552(b) of that title. (B) Exception Subparagraph (A) does not require the Corporation to disclose the name of any holder of the covered security, or information from which the identity of such a person could reasonably be ascertained. (4) Review by Comptroller General The Comptroller General of the United States shall, under such conditions as the Comptroller General determines to be appropriate, review any report made under paragraph (1) and recommend to the Corporation improvements in the supervision of market participants. 304. Loan limits; Housing Price Index (a) Establishment The Corporation shall establish limitations governing the maximum original principal obligation of eligible single-family mortgage loans that may collateralize a covered security to be insured by the Corporation under this title. (b) Calculation of amount The limitation set forth under subsection (a) shall be calculated with respect to the total original principal obligation of the eligible single-family mortgage loan and not merely with respect to the amount insured by the Corporation. (c) Maximum limits (1) In general Except as provided in paragraph (2), the maximum limitation amount under this subsection shall not exceed $417,000 for a mortgage loan secured by a 1-family residence, for a mortgage loan secured by a 2-family residence the limit shall equal 128 percent of the limit for a mortgage loan secured by a 1-family residence, for a mortgage loan secured by a 3-family residence the limit shall equal 155 percent of the limit for a mortgage loan secured by a 1-family residence, and for a mortgage loan secured by a 4-family residence the limit shall equal 192 percent of the limit for a mortgage loan secured by a 1-family residence, except that such maximum limitations shall be adjusted effective January 1 of each year beginning after the effective date of this Act, subject to the limitations in this paragraph. Each adjustment shall be made by adding to each such amount (as it may have been previously adjusted) a percentage thereof equal to the percentage increase, during the most recent 12-month or 4-quarter period ending before the time of determining such annual adjustment, in the housing price index maintained by the Chairperson pursuant to subsection (d). If the change in such house price index during the most recent 12-month or 4-quarter period ending before the time of determining such annual adjustment is a decrease, then no adjustment shall be made for the next year, and the next upward adjustment shall take into account prior declines in the house price index, so that any adjustment shall reflect the net change in the house price index since the last adjustment. Declines in the house price index shall be accumulated and then reduce increases until subsequent increases exceed prior declines. (2) High-cost area limits The limitations set forth in paragraph (1) may be increased by not more than 50 percent with respect to properties located in Alaska, Guam, Hawaii, and the Virgin Islands. Such foregoing limitations shall also be increased, with respect to properties of a particular size located in any area for which 115 percent of the median house price for such size residence exceeds the limitation for such size residence set forth under paragraph (1), to the lesser of 150 percent of such limitation for such size residence or the amount that is equal to 115 percent of the median house price in such area for such size residence. (d) Housing Price Index (1) National Index The Corporation shall establish and maintain a method of assessing a national average single-family house price for use in calculating the loan limits for eligible single-family mortgage loans under subsection (c), and other averages as the Corporation considers appropriate, including— (A) averages based on different geographic regions; and (B) an average for houses whose mortgage collateralized single-family covered securities. (2) Considerations In establishing the method described under subsection (a), the Corporation may take into consideration the data collected in carrying out the functions described under section 332, and such other data, existing house price indexes, and other measures as the Corporation considers appropriate. 305. Authority to protect taxpayers in unusual and exigent market conditions (a) In general If the Corporation, upon the written agreement of the Chairman of the Board of Governors of the Federal Reserve System and the Secretary of the Treasury, and in consultation with the Secretary of Housing and Urban Development, determines that unusual and exigent circumstances have created or threaten to create an anomalous lack of mortgage credit availability within the single-family housing market, multifamily housing market, or entire United States housing market that could materially and severely disrupt the functioning of the housing finance system of the United States, the Corporation may, for a period of 6 months— (1) provide insurance in accordance with section 303 to any single-family covered security regardless of whether such security has satisfied the requirements of section 302; and (2) establish provisional standards for approved entities, notwithstanding any standard required under subtitle B or section 703, pursuant to section 607. (b) Considerations In exercising the authority granted under subsection (a), the Corporation shall consider the severity of the conditions present in the housing markets and the risks presented to the Mortgage Insurance Fund in exercising such authority. (c) Terms and conditions Insurance provided under subsection (a) shall be subject to such additional or different limitations, restrictions, and regulations as the Corporation may prescribe. (d) Bailout strictly prohibited In exercising the authority granted under subsection (a), the Corporation may not— (1) provide aid to an approved entity or an affiliate of the approved entity, if such approved entity is in bankruptcy or any other Federal or State insolvency proceeding; or (2) provide aid for the purpose of assisting a single and specific company to avoid bankruptcy or any other Federal or State insolvency proceeding. (e) Notice Not later than 7 days after authorizing insurance or establishing provisional standards under subsection (a), the Corporation shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that includes— (1) the justification for the exercise of authority to provide such insurance or establish such provisional standards; (2) evidence that unusual and exigent circumstances have created or threatened to create an anomalous lack of mortgage credit availability within the single-family housing market, multifamily housing market, or entire United States housing market that could materially and severely disrupt the functioning of the housing finance system of the United States; and (3) evidence that failure to exercise such authority would have undermined the safety and soundness of the housing finance system. (f) Additional exercise of authority (1) In general Subject to the limitation under subsection (g), the authority granted to the Corporation under subsection (a) may be exercised for 2 additional 9-month periods within any given 3-year period, provided that the Corporation, upon the written agreement of the Chairman of the Board of Governors of the Federal Reserve System and the Secretary of the Treasury, and in consultation with the Secretary of Housing and Urban Development— (A) determines— (i) for a second exercise of authority under subsection (a), by an affirmative vote of 2/3 (ii) for a third exercise of authority under subsection (a), by an affirmative vote of 2/3 2/3 (B) provides notice to Congress, as provided under subsection (e). (2) Order of exercise of authority Any additional exercise of authority under this subsection may occur consecutively or non-consecutively. (g) Limitation The authority granted to the Corporation under this section may not be exercised more than 3 times in any given 3-year period, which 3-year period shall commence upon the initial exercise of authority under subsection (a). (h) Normalization and reduction of risk Following any exercise of authority under this section, the Corporation shall— (1) establish a timeline for approved entities to meet the approval standards set forth in this Act; and (2) in a manner and pursuant to a timeline that will minimize losses to the Mortgage Insurance Fund, establish a program to either— (A) sell, in whole or in part, the first loss position on covered securities issued pursuant to this section to private market holders; or (B) transfer for value to approved entities, or work with approved entities to sell, in whole or in part, the first lost position on covered securities issued pursuant to this section. (i) Authority to respond to sustained national home price decline (1) Authority In the event of a significant decline of national home prices, in at least 2 consecutive calendar quarters, the Corporation, by an affirmative vote of 2/3 (2) Additional exercise of authority The authority granted to the Corporation under paragraph (1) may be exercised for additional 6-month periods, if upon each additional extension of such authority there is an affirmative vote of 2/3 (3) Limitation The Corporation shall not provide insurance under this section to any covered security that includes mortgage loans that do not meet the definition of an eligible mortgage loan, as defined in this Act, except for mortgage loans refinanced from eligible mortgage loans in covered securities. (4) Rule of construction No provision in this section shall be construed as permitting the Corporation to lower any other requirement related to the requirements set forth under the definition of an eligible mortgage loan. 306. General powers (a) Corporate powers The Federal Mortgage Insurance Corporation shall have the power— (1) to adopt, alter, and use a corporate seal, which shall be judicially noticed; (2) to enter into, execute, and perform contracts, leases, cooperative agreements, or other transactions, on such terms as it may deem appropriate, with any agency or instrumentality of the United States, or with any political subdivision thereof, or with any person, firm, association, or corporation; (3) to execute, in accordance with its bylaws, all instruments necessary or appropriate in the exercise of any of its powers; (4) in its corporate name, to sue and to be sued, and to complain and to defend, in any court or tribunal of competent jurisdiction, Federal or State, but no attachment, injunction, or other similar process, mesne or final, shall be issued against the property of the Corporation; (5) to conduct its business without regard to any qualification or similar statute in any State of the United States; (6) to lease, purchase, or acquire any property, real, personal, or mixed, or any interest therein, to hold, rent, maintain, modernize, renovate, improve, use, and operate such property, and to sell, for cash or credit, lease, or otherwise dispose of the same, at such time and in such manner as and to the extent that it may deem necessary or appropriate; (7) to prescribe, repeal, and amend or modify, rules, regulations, or requirements governing the manner in which its general business may be conducted; (8) to accept gifts or donations of services, or of property, real, personal, or mixed, tangible, or intangible, in aid of any of its purposes; (9) to appoint and supervise personnel employed by the Corporation; (10) to establish and maintain divisions, units, or other offices within the Corporation, including those established in sections 207, 208, 209, and 211 in order to carry out the responsibilities of this Act, and to satisfy the requirements of other applicable law; and (11) to manage the affairs of the Corporation and conduct the business of the Corporation, as necessary. (b) Litigation authority (1) In general In enforcing any provision of this Act, any regulation or order prescribed under this Act, or any other provision of law, rule, regulation, or order, or in any other action, suit, or proceeding to which the Corporation is a party or in which the Corporation is interested, and in the administration of conservatorships and receiverships, the Corporation may act in the Corporation’s own name and through attorneys or other agents acting on behalf of the Corporation. (2) Subject to suit Except as otherwise provided by law, the Corporation shall be subject to suit (other than suits for claims for money damages) by a regulated entity or market participant with respect to any matter under this Act or any other applicable provision of law, rule, order, or regulation under this Act, in the United States district court for the judicial district in which the regulated entity or market participant has its principal place of business, or in the United States District Court for the District of Columbia, and the Corporation may be served with process in the manner prescribed by the Federal Rules of Civil Procedure. (c) Expenditures Except as may be otherwise provided in this title, the Corporation shall determine the necessity for, and the character and amount of its obligations and expenditures, and the manner in which they shall be incurred, allowed, paid, and accounted for. (d) Exemption from certain taxes The Corporation, including its franchise, capital, reserves, surplus, mortgage loans or other security holdings, and income shall be exempt from all taxation now or hereafter imposed by the United States, by any territory, dependency, or possession thereof, or by any State, county, municipality, or local taxing authority, except that any real property of the Corporation shall be subject to State, county, municipal, or local taxation to the same extent according to its value as other real property is taxed. (e) Exclusive use of name No individual, association, partnership, or corporation, except the body corporate named under section 201, shall hereafter use the words Federal Mortgage Insurance Corporation (f) Fiscal agents The Federal Reserve banks are authorized and directed to act as depositories, custodians, and fiscal agents for the Corporation, for its own account or as fiduciary, and such banks shall be reimbursed for such services in such manner as may be agreed upon, and the Corporation may itself act in such capacities, for its own account or as fiduciary, and for the account of others. (g) Other powers The Corporation is authorized to assess and collect fees on regulated entities and approved entities, including for applications, examinations, and other purposes, as authorized by this Act. (h) Federal Home Loan Bank assessment The Corporation shall have the authority to assess a fee on the Federal Home Loan Banks to cover the necessary costs related to supervising the Federal Home Loan Banks. The costs associated with the secondary market activities of the Federal Home Loan Banks pursuant to section 312 shall be covered by the fee charged pursuant to this subsection. (i) Rule of construction related to fair housing Nothing in this Act shall be construed as authorizing the Corporation to waive, repeal, amend, or modify requirements relating to fair housing law, including those requirements under the Fair Housing Act ( 42 U.S.C. 3601 et seq. 15 U.S.C. 1691 et seq. 307. Exemptions (a) Securities exempt from Securities and Exchange Commission regulation (1) Covered securities (A) In general All securities insured or guaranteed by the Corporation shall, to the same extent as securities that are direct obligations of or obligations guaranteed as to principal or interest by the United States, be deemed to be exempt securities within the meaning of the laws administered by the Securities and Exchange Commission. (B) Conforming amendment The first sentence of section 3(a)(2) of the Securities Act of 1933 ( 15 U.S.C. 77c(a)(2) or any security insured or guaranteed by the Federal Mortgage Insurance Corporation; Federal Reserve bank; (2) Credit risk-sharing mechanisms Section 27B(c) of the Securities Act of 1933 (15 U.S.C. 77z-2a(c)) is amended— (A) in paragraph (1), by striking or (B) in paragraph (2), by striking the period at the end and inserting ; or (C) by adding at the end the following: (3) purchases or sales of any asset-backed security that is a credit risk-sharing mechanism approved by the Federal Mortgage Insurance Corporation in accordance with section 302 or section 703(c) of the Housing Finance Reform and Taxpayer Protection Act of 2014 . (b) QRM exemption Section 15G(e) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o–11(e) (1) in paragraph (3)(B)— (A) by striking Association, the Association and the (B) by striking and the Federal home loan banks (2) by adding at the end the following: (7) Covered securities insured by the Federal Mortgage Insurance Corporation Notwithstanding any other provision of this section, the requirements of this section shall not apply to any covered security, as such term is defined under section 2 of the Housing Finance Reform and Taxpayer Protection Act of 2014 . (c) Counterparties exempt from the Commodity Exchange Act Section 1a(10) of the Commodity Exchange Act ( 7 U.S.C. 1a(10) (C) Exemption Solely as it relates to the specific role of a counterparty in connection with the swap transaction described in this paragraph, the term commodity pool Housing Finance Reform and Taxpayer Protection Act of 2014 . 308. Regulatory consultation and coordination (a) Consultation permitted The Corporation may, in carrying out any duty, responsibility, requirement, or action authorized under this Act, consult with the Federal regulatory agencies, any individual Federal regulatory agency, the Secretary of the Treasury, the Secretary of Housing and Urban Development, any State banking regulator, any State insurance regulator, and any other State agency, as the Corporation determines necessary and appropriate. (b) Coordination required The Corporation shall, as required by this Act, in carrying out any duty, responsibility, requirement, or action authorized under this Act, coordinate with the Federal regulatory agencies, any individual Federal regulatory agency, the Secretary of the Treasury, the Secretary of Housing and Urban Development, any State banking regulator, any State insurance regulator, and any other State agency. (c) Avoidance of duplication To the fullest extent possible, the Corporation shall— (1) avoid duplication of examination activities, reporting requirements, and requests for information; (2) rely on examination reports made by other Federal or State regulatory agencies relating to an approved entity and its subsidiaries, if any; and (3) ensure that approved entities are not subject to conflicting supervisory demands by the Corporation and other Federal regulatory agencies. (d) Protection of privileges (1) In general Pursuant to the authorities provided under subsections (a) and (b), to facilitate the consultative process and coordination, the Corporation may share information with the Federal regulatory agencies, any individual Federal regulatory agency, the Secretary of the Treasury, the Secretary of Housing and Urban Development, any State bank supervisor, any State insurance regulator, any other State agency, or any foreign banking authority, on a one-time, regular, or periodic basis, as determined by the Corporation, regarding the capital assets and liabilities, financial condition, risk management practices, or any other practice of any market participant. (2) Privilege preserved Information shared by the Corporation pursuant to paragraph (1) shall not be construed as waiving, destroying, or otherwise affecting any privilege or confidential status that any market participant or any other person may claim with respect to such information under Federal or State law as to any person or entity other than such agencies, agency, supervisor, or authority. (3) Rule of construction No provision of this subsection may be construed as implying or establishing that— (A) any person waives any privilege applicable to information that is shared or transferred under any circumstance to which this subsection does not apply; or (B) any person would waive any privilege applicable to any information by submitting the information directly to the Federal regulatory agencies, any individual Federal regulatory agency, any State bank supervisor, any State insurance regulator, any other State agency, or any foreign banking authority, but for this subsection. (e) Federal and State authority preserved Unless otherwise expressly provided by this section, no provision of this section shall limit or be construed to limit, in any way, the existing authority of any Federal agency or State regulatory authority. 309. Authority to issue regulations (a) General authority The Corporation may prescribe such regulations and issue such guidelines, orders, requirements, or standards as are necessary to— (1) carry out this Act, or any amendment made by this Act; and (2) ensure— (A) competition among approved entities in the secondary mortgage market; (B) liquidity in the secondary mortgage market and the forward execution market for eligible single-family mortgage loans and single-family covered securities, such as the To-Be-Announced market; and (C) mitigation of systemic risk in the secondary mortgage market. (b) Capital standards (1) In general For each type of covered entity the Corporation shall establish, by regulation, capital standards and related solvency standards necessary to implement the provisions of this Act. (2) Definitions (A) In general The regulations required under this subsection shall define all such terms as are necessary to carry out the purposes of this subsection. (B) Considerations in defining instruments and contracts that qualify as capital In defining instruments and contracts that qualify as capital pursuant to subparagraph (A), the Corporation— (i) shall include such instruments and contracts that will absorb losses before the Mortgage Insurance Fund; and (ii) may assign significance to those instruments and contracts based on the nature and risks of such instruments and contracts. (C) Considerations in defining capital ratios Solely for the purposes of calculating a capital ratio appropriate to the business model of the applicable entity pursuant to subparagraph (A), the Corporation shall consider for the denominator— (i) total assets; (ii) total liabilities; (iii) risk in force; or (iv) unpaid principal balance. (3) Designed to ensure safety and soundness The capital and related solvency standards established under this subsection shall be designed to— (A) ensure the safety and soundness of a covered entity; (B) minimize the risk of loss to the Mortgage Insurance Fund; (C) in consultation and coordination with the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, and the National Credit Union Administration, reduce the potential for regulatory arbitrage between capital standards for covered entities and capital standards promulgated by Federal regulatory agencies for insured depository institutions and their affiliates; and (D) be specifically tailored to accommodate a diverse range of business models that may be employed by covered entities. (4) Supplemental capital requirements In order to prevent or mitigate risks to the secondary mortgage market of the United States that could arise from the material financial distress or failure, or ongoing activities, of covered entities that are large approved aggregators or large approved guarantors that engage in covered guarantee transactions, the Corporation, by regulation— (A) shall establish supplemental capital requirements for covered entities that are large approved aggregators or large approved guarantors; and (B) may establish such other standards for covered entities that are large approved aggregators or large approved guarantors that the Corporation determines necessary or appropriate. (c) Market share limitation for certain large entities The Corporation shall establish, by regulation, market share limitations for large approved aggregators and large approved guarantors that would take effect only in the event the Corporation has reason to believe the supplemental standards established under subsection (b)(4) are insufficient to prevent or mitigate risks to the secondary mortgage market of the United States that could arise from the material financial distress or failure, or ongoing activities, of such approved aggregators and approved guarantors. (d) Recognition of distinctions between the approved entities and the Federal Home Loan Banks (1) In general Prior to promulgating any regulation or taking any other formal or informal action of general applicability and future effect relating to the Federal Home Loan Banks, including the issuance of an advisory document or examination guidance, the Chairperson, in consultation with the Office of Federal Home Loan Bank Supervision, shall consider the differences between the Federal Home Loan Banks and approved entities with respect to— (A) the Banks’— (i) cooperative ownership structure; (ii) mission of providing liquidity to its members; (iii) affordable housing and community development mission; (iv) capital structure; and (v) joint and several liability; and (B) any other differences that the Corporation considers appropriate. (2) Capital considerations The Corporation, in coordination with the Office of Federal Home Loan Bank Supervision, shall establish capital standards, as required under section 309(b), with respect to a Federal Home Loan Bank, or subsidiary or joint office thereof, that is approved as an aggregator under section 312, that— (A) are adequate to support the role of a Federal Home Loan Bank as a covered entity, consistent with the safe and sound operations of the Bank or Banks involved; and (B) do not adversely impact the traditional liquidity and advance business of the Federal Home Loan Bank System or the marketability or creditworthiness of Federal Home Loan Bank consolidated obligations. (e) Regulations relating to force-placed insurance (1) In general The Corporation shall, by regulation, set standards for the purchase of force-placed insurance by market participants. (2) Limitation No standards developed, adopted, or published under paragraph (1) shall concern the regulation of the business of insurance or preempt any State law, regulation, or procedure concerning the regulation of the business of insurance. (f) Use and protection of personally identifiable information (1) Privacy considerations In collecting information from any person, in publicly releasing information held by the Corporation, or in requiring approved entities to publicly report information, the Corporation shall take steps to ensure that proprietary, personal, or confidential consumer information that is protected from public disclosure under section 552(b) 552a (2) Treatment of approved entities With respect to the application of any provision of the Right to Financial Privacy Act of 1978 to a disclosure by an approved entity subject to this subsection, the approved entity shall be treated as if it were a financial institution 12 U.S.C. 3401 (3) Non disclosure (A) In general Unless otherwise specified by this Act, any personally identifiable information obtained or maintained by the Corporation in connection with any supervision or enforcement authority or function, including the Office of General Counsel and Office of the Inspector General of the Federal Mortgage Insurance Corporation, may not be disclosed to any non supervisory or non enforcement office, division, or employee of the Corporation, or to any other Federal or State agency unless— (i) the information is necessary and appropriate for such office, division, or employee of the Corporation to comply with this Act, and the office, division, or employee cannot reasonably obtain the information through the normal course of business of such office, division, or employee; (ii) the other Federal or State agency has satisfied any conditions of information sharing that the Corporation may establish, including treatment of personally identifiable information and sharing of information that shall conform to the standards for protection of the confidentiality of personally identifiable information and for data integrity and security that are applicable to Federal agencies; or (iii) the records are relevant to a legitimate law enforcement inquiry, or intelligence or counterintelligence activity, investigation, or analysis related to international terrorism within the jurisdiction of the receiving entity. (B) Protection of personally identifiable information by specific offices Any office created under section 207(a)(1)(B) shall— (i) develop standards regarding treatment and confidentiality of personally identifiable information and the collection and sharing of information that are tailored to the purpose or mission of the office; and (ii) obtain approval from the Chairperson of the standards developed under clause (i) prior to the operation of the office. (g) Consumer Privacy The Corporation shall not obtain from an approved entity any personally identifiable financial information about a consumer from the financial records of the approved entity, except— (1) if the financial records are reasonably described in a request by the Corporation and the consumer provides written permission for the disclosure of such information by an approved entity to the Corporation; or (2) as may be specifically permitted or required under other applicable provisions of law and in accordance with the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401 et seq.). (h) Option for approved guarantors and approved aggregators (1) Establishment of process for approval The Corporation may, if it determines necessary or appropriate, establish a process and criteria for approved guarantors and approved aggregators to apply to the Corporation for approval to operate a cash window for the purchase of individual eligible single-family mortgage loans. (2) Requirements If the Corporation establishes a process and criteria under paragraph (1), the Corporation— (A) may grant approval to an approved guarantor or an approved aggregator that applies to operate a cash window for the purchase of individual eligible single-family mortgage loans only if the Corporation determines that— (i) the approved guarantor or approved aggregator meets the criteria established under paragraph (1); and (ii) the operation of the cash window would not pose a risk to the Mortgage Insurance Fund; and (B) to ensure the safety and soundness of each approved guarantor and approved aggregator, shall establish standards for the regulation, supervision, and operation of each cash window that an approved guarantor or approved aggregator is approved to operate under this paragraph. 310. Equivalency in protection of the Mortgage Insurance Fund In order to protect the Mortgage Insurance Fund and promote multiple sources of first loss positions, the Corporation shall seek to ensure equivalent loss absorption capacity between approved credit risk-sharing mechanisms pursuant to section 302 and capital standards for approved guarantors pursuant to section 311. B Approval and supervision of approved entities for single-family activities 311. Approval and supervision of guarantors (a) Standards for approval of guarantors (1) In general The Corporation shall develop, adopt, and publish standards for the approval by the Corporation of guarantors to guarantee the timely payment of principal and interest on securities collateralized by eligible single-family mortgage loans and insured by the Corporation. (2) Required standards The standards required under paragraph (1) shall include— (A) the financial history and condition of the guarantor; (B) a requirement that the guarantor maintain capital levels as defined by the Corporation, pursuant to subsection (g); (C) the capability of the management of the guarantor; (D) the general character and fitness of the officers and directors of the guarantor, including the compliance history of the guarantor’s officers and directors with Federal and State laws and the rules and regulations promulgated by self-regulatory organizations (as defined in section 3(a)(26) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a)(26) (E) the risk presented by the guarantor to the Mortgage Insurance Fund; (F) the adequacy of insurance and fidelity coverage of the guarantor; (G) the ability of the guarantor to— (i) at the discretion of the guarantor, transfer investment risk and credit risk to private market holders in the single-family market in accordance with the credit risk-sharing mechanisms approved by the Corporation under section 302; (ii) create mechanisms to guarantee multi-lender pools; and (iii) ensure that eligible single-family mortgage loans that collateralize a single-family covered security insured under this title are originated in compliance with the requirements of this Act; (H) the capacity of the guarantor to take the first loss position; (I) that the guarantor has the capacity to guarantee eligible single-family mortgage loans in a manner that furthers the purposes of the Corporation described in section 201(b)(5); (J) a requirement that the guarantor timely issue publicly available audited financial statements on an annual basis prepared in accordance with generally accepted accounting principles used in the industry; (K) that the guarantor is in compliance with section 210(a)(3); (L) that the guarantor has substantial analytical capabilities to effectively manage credit risk; (M) that the guarantor does not originate eligible single-family mortgage loans and is not an affiliate of a person that actively engages in the business of originating eligible single-family mortgage loans; and (N) any other standard the Corporation determines necessary to protect the Mortgage Insurance Fund. (3) Rule of construction Nothing in subparagraph (I) of paragraph (2) shall be construed to prevent the Corporation from approving a small or specialty guarantor, provided that the guarantor has the capacity to adequately diversify its risk to meet appropriate safety and soundness concerns. (4) Consultation and coordination To promote consistency and minimize regulatory conflict, the Corporation shall consult and coordinate with appropriate Federal and State regulators and officials when developing standards pursuant to this subsection. (b) Application and approval (1) Application process (A) In general The Corporation shall establish an application process, in such form and manner and requiring such information as the Corporation may require, for the approval of a guarantor under this section. (B) Application review The Corporation shall establish internal timelines for its processing of an application under this section, including timelines for any action to approve or to deny an application under this section. (C) Prohibition on control by insured depository institutions or affiliates of insured depository institutions (i) In general It shall be unlawful for an insured depository institution or an affiliate of an insured depository institution to control an approved guarantor. (ii) Rule of construction regarding control For purposes of this subparagraph, any insured depository institution or affiliate of an insured depository institution has control over an approved guarantor if the company directly or indirectly or acting through 1 or more other persons owns, controls, or has power to vote 10 percent or more of any class of voting shares of the approved guarantor. (2) Approval The Corporation may approve any application made pursuant to paragraph (1), provided the guarantor meets the standards established under subsection (a). (3) Denial The Corporation shall have the authority to deny any application made pursuant to paragraph (1) if an officer or director of the guarantor has, at any time prior to the date of the approval of such application, been— (A) subject to a statutory disqualification pursuant to section 3(a)(39) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a)(39) (B) suspended, removed, or prohibited from participation pursuant to section 8(g) of the Federal Deposit Insurance Act ( 12 U.S.C. 1818(g) 12 U.S.C. 1818(e) 12 U.S.C. 1818(u)(1) 12 U.S.C. 1818 (4) Notice and publication The Corporation shall— (A) provide prompt notice to a guarantor of the approval or denial of any application of the guarantor to become an approved guarantor under this section; (B) publish a notice in the Federal Register upon approval of any guarantor; and (C) maintain an updated list of approved guarantors on the website of the Corporation. (c) Requirement to maintain approval status (1) Authority to issue order If the Corporation determines that an approved guarantor no longer meets the standards for such approval or violates a requirement under this Act, including any standard, regulation, or order promulgated in accordance with this Act, the Corporation may— (A) suspend or revoke the approved status of the approved guarantor; or (B) take any other action with respect to such approved guarantor as may be authorized under this Act. (2) Rule of construction The suspension or revocation of the approved status of an approved guarantor under this section shall have no effect on the status as a covered security of any covered security collateralized by eligible mortgage loans with which the approved guarantor contracted prior to the suspension or revocation. (3) Publication The Corporation shall— (A) promptly publish a notice in the Federal Register upon suspension or revocation of the approval of any approved guarantor; and (B) maintain an updated list of such approved guarantors on the website of the Corporation. (4) Definition In this subsection, the term violate (d) Prudential standards for supervision The Corporation shall prescribe prudential standards for approved guarantors in order to— (1) ensure— (A) the safety and soundness of approved guarantors; and (B) the maintenance of approval standards by approved guarantors; and (2) minimize the risk presented to the Mortgage Insurance Fund. (e) Reports and examinations For purposes of determining whether an approved guarantor is fulfilling the requirements under this Act, the Corporation shall have the authority to require reports from and examine an approved guarantor, in the same manner and to the same extent as the Federal Deposit Insurance Corporation has with respect to an insured depository institution under the provisions of subsection (a) of section 9 of the Federal Deposit Insurance Act ( 12 U.S.C. 1819 (f) Enforcement The Corporation shall have the authority to enforce the provisions of this Act with respect to an approved guarantor, in the same manner and to the same extent as the Federal Deposit Insurance Corporation has with respect to an insured depository institution under the provisions of subsections (b) through (n) of section 8 of the Federal Deposit Insurance Act ( 12 U.S.C. 1818 (g) Capital standards (1) In general Pursuant to the requirement to establish capital and related solvency standards under section 309(b), the Corporation shall establish standards for approved guarantors that require an approved guarantor to— (A) hold 10 percent capital; and (B) maintain solvency levels adequate for the approved guarantor to withstand losses that might be incurred by the approved guarantor in a period of economic stress, including national and regional home price declines, such as those observed during moderate to severe recessions in the United States. (2) Risk-sharing considerations For purposes of paragraph (1), the Corporation shall consider the extent, amount, and form of risk-sharing and risk mitigation through the use by approved guarantors of credit risk-sharing mechanisms approved pursuant to section 302(b)(4). The Corporation shall allow such risk-sharing and risk mitigation to fulfill required amounts of capital to be held under paragraph (1)(A) such that it ensures an equivalent amount of loss absorption capacity as required under section 302(a)(1)(B) while maintaining an appropriate structure of capital as determined by the Corporation. (3) Stress tests The Corporation shall conduct appropriate stress tests of each approved guarantor that has total assets of more than $10,000,000,000, provided that such stress tests shall be— (A) specifically tailored to the business model of the approved guarantor; and (B) utilized to— (i) ensure the safety and soundness of the approved guarantor; and (ii) minimize the risk the approved guarantor may present to the Mortgage Insurance Fund. (h) Resolution authority for failing guarantors (1) In general Notwithstanding any other provision of Federal law, the law of any State, or the constitution of any State, the Corporation shall— (A) have the authority to act, in the same manner and to the same extent, with respect to an approved guarantor as the Federal Deposit Insurance Corporation has with respect to an insured depository institution under subsections (c) through (s) of section 11 of the Federal Deposit Insurance Act (12 U.S.C. 1821), section 12 of the Federal Deposit Insurance Act ( 12 U.S.C. 1822 12 U.S.C. 1823 (B) in carrying out any authority provided in subparagraph (A), act, in the same manner and to the same extent, with respect to the Mortgage Insurance Fund as the Federal Deposit Insurance Corporation may act with respect to the Deposit Insurance Fund under the provisions of the Federal Deposit Insurance Act set forth in subparagraph (A); (C) prescribe regulations governing the applicable rights, duties, and obligations of an approved guarantor placed into resolution under this subsection, its creditors, counterparties, and other persons, as the Corporation deems necessary to properly exercise the authority provided in subparagraph (A); (D) consistent with the authorities provided in subparagraph (A), immediately place an insolvent approved guarantor into receivership; and (E) upon placing an approved guarantor into receivership, treat single-family covered securities insured by the Corporation under section 303 in the same manner as the Federal Deposit Insurance Corporation treats deposit liabilities under section 11(d)(11)(A)(ii) of the Federal Deposit Insurance Act and insured deposits under section 11(f) of the Federal Deposit Insurance Act, where the Corporation shall have the same right of subrogation as the Federal Deposit Insurance Corporation has under section 11(g) of the Federal Deposit Insurance Act. (2) Least-cost resolution required The Corporation may not exercise any authority under paragraph (1) with respect to any approved guarantor unless the total amount of the expenditures by the Corporation and obligations incurred by the Corporation in connection with the exercise of any such authority with respect to such approved guarantor is the least costly to the Mortgage Insurance Fund, consistent with the least cost approach specified in the Federal Deposit Insurance Act ( 12 U.S.C. 1811 et seq. (3) Taxpayer protection The Corporation, in carrying out any authority provided in this subsection, shall prescribe regulations to ensure that any amounts owed to the United States, unless the United States agrees or consents otherwise, shall have priority following administrative expenses of the receiver when satisfying unsecured claims against an approved guarantor, or the receiver therefor, that are proven to the satisfaction of the receiver. (i) Hearing Upon notice of denial of an application for approval under subsection (b) or upon a notice of suspension or revocation of the approved status of an approved guarantor under subsection (c), the applicant or approved guarantor shall be afforded a hearing under subsection (h) of section 8 of the Federal Deposit Insurance Act ( 12 U.S.C. 1818(h) (j) Other activities An approved guarantor shall be prohibited from being an approved aggregator. (k) Provision of pool level insurance Subject to such standards as the Corporation may provide, an approved guarantor may provide insurance or other credit enhancement on a pool of eligible single-family mortgage loans collateralizing a single-family covered security insured under this title. (l) Prohibited activity An approved guarantor may not— (1) originate eligible single-family mortgage loans; or (2) be an affiliate of a person that actively engages in the business of originating eligible single-family mortgage loans. (m) Guarantors required to pay claims Subject to such standards as the Corporation may provide, an approved guarantor may not for any reason withhold payment of funds that would ensure holders of single-family covered securities receive timely payment of principal and interest on single-family covered securities. The Corporation shall by regulation develop a process for the mediation and resolution of disputed payment amounts. 312. Approval and supervision of aggregators (a) Standards for approval of mortgage aggregators (1) In general The Corporation shall develop, adopt, and publish standards for the approval by the Corporation of mortgage aggregators to deliver eligible single-family mortgage loans to the Securitization Platform for securitization by such aggregator as a single-family covered security. (2) Required standards The standards required under paragraph (1) shall include standards with respect to the ability of mortgage aggregator to— (A) aggregate eligible single-family mortgage loans into pools, including multi-lender pools, as appropriate; (B) transfer investment risk and credit risk to private market participants in accordance with the credit risk-sharing mechanisms approved by the Corporation under section 302; (C) ensure equitable access to the secondary mortgage market for single-family covered securities for all institutions regardless of size or geographic location; and (D) ensure that eligible single-family mortgage loans that collateralize a single-family covered security insured under this title are originated in compliance with the requirements of this Act. (3) Additional required standards The standards required under paragraph (1) shall also include— (A) the financial history and condition of the mortgage aggregator; (B) the adequacy of the capital structure of the mortgage aggregator; (C) the capability of the management of the mortgage aggregator; (D) the general character and fitness of the officers and directors of the mortgage aggregator, including the compliance history of the mortgage aggregator’s officers and directors with Federal and State laws and the rules and regulations promulgated by self-regulatory organizations (as defined in section 3(a)(26) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a)(26) (E) the risk presented by the mortgage aggregator to the Mortgage Insurance Fund; (F) the adequacy of insurance and fidelity coverage of the mortgage aggregator; (G) a requirement that the mortgage aggregator submit audited financial statements to the Corporation; (H) that the mortgage aggregator has the capacity to aggregate mortgage loans in a manner that furthers purposes of the Corporation described in section 201(b)(5); (I) that the mortgage aggregator is in compliance with section 210(a)(3); and (J) any other standard the Corporation determines necessary to protect the Mortgage Insurance Fund. (4) Rule of construction Nothing in subparagraph (H) of paragraph (3) shall be construed to prevent the Corporation from approving a small or specialty mortgage aggregator, provided that the mortgage aggregator has the capacity to adequately diversify its risk to meet appropriate safety and soundness concerns of the Corporation. (5) Consultation and coordination To promote consistency and minimize regulatory conflict, the Corporation shall consult and coordinate with appropriate Federal and State regulators and officials when developing standards pursuant to this subsection. (b) Application and approval (1) Application process (A) In general The Corporation shall establish an application process, in such form and manner and requiring such information as the Corporation may require, for the approval of a mortgage aggregator under this section. (B) Application review The Corporation shall establish internal timelines for its processing of an application under this section, including timelines for any action to approve or to deny an application under this section. (2) Approval The Corporation may approve any application made pursuant to paragraph (1), provided the mortgage aggregator meets the standards established under subsection (a). (3) Denial The Corporation shall have the authority to deny any application made pursuant to paragraph (1) if an officer or director of the mortgage aggregator has, at any time prior to the date of the approval of such application, been— (A) subject to a statutory disqualification pursuant to section 3(a)(39) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a)(39) (B) suspended, removed, or prohibited from participation pursuant to section 8(g) of the Federal Deposit Insurance Act ( 12 U.S.C. 1818(g) 12 U.S.C. 1818(e) 12 U.S.C. 1818(u)(1) 12 U.S.C. 1818 (4) Notice and publication The Corporation shall— (A) provide prompt notice to a mortgage aggregator of the approval or denial of any application of the mortgage aggregator to become an approved aggregator under this section; (B) publish a notice in the Federal Register upon approval of any mortgage aggregator; and (C) maintain an updated list of approved aggregators on the website of the Corporation. (c) Requirement to maintain approval status (1) Authority to issue order If the Corporation determines that an approved aggregator no longer meets the standards for such approval or violates a requirement under this Act, including any standard, regulation, or order promulgated in accordance with this Act, the Corporation may— (A) suspend or revoke the approved status of the approved aggregator; or (B) take any other action with respect to such approved aggregator as may be authorized under this Act. (2) Rule of construction The suspension or revocation of the approved status of an approved aggregator under this section shall have no effect on the status as a covered security of any covered security collateralized by eligible mortgage loans with which the approved aggregator contracted prior to the suspension or revocation. (3) Publication The Corporation shall— (A) promptly publish a notice in the Federal Register upon suspension or revocation of the approval of any approved aggregator; and (B) maintain an updated list of such approved aggregators on the website of the Corporation. (4) Definition In this subsection, the term violate (d) Prudential standards for supervision (1) In general Subject to subsection (k)(1), the Corporation shall prescribe prudential standards for approved aggregators in order to— (A) ensure— (i) the safety and soundness of approved aggregators; and (ii) the maintenance of approval standards by approved aggregators; and (B) minimize the risk presented to the Mortgage Insurance Fund. (2) Recognition of distinctions between aggregators that are insured depository institutions, affiliates of insured depository institutions, and those that are not In carrying out the requirements under paragraph (1), the Corporation shall— (A) distinguish between prudential standards for approved aggregators that are insured depository institutions, approved aggregators that are affiliates of insured depository institutions, and approved aggregators that are neither insured depository institutions nor affiliates of insured depository institutions; and (B) consult and coordinate with Federal and State banking agencies when establishing prudential standards for approved aggregators that are insured depository institutions and approved aggregators that are affiliates of insured depository institutions, in order to minimize duplication of and conflicts with the prudential standards set by the appropriate Federal or State banking agencies of insured depository institutions or the affiliates of insured depository institutions. (3) Rule of construction Nothing in this section shall supersede the prudential standards established by the appropriate Federal banking agencies. (e) Reports and examinations For purposes of gathering information to determine whether an approved aggregator is fulfilling the requirements under this Act, the Corporation shall have the authority to require reports from and examine an approved aggregator as follows: (1) Not insured depository institutions or affiliates For an approved aggregator that is neither an insured depository institution nor an affiliate of an insured depository institution, the Corporation shall have the authority to require reports from and examine an approved aggregator, in the same manner and to the same extent as the Federal Deposit Insurance Corporation has with respect to an insured depository institution under the provisions of subsection (a) of section 9 of the Federal Deposit Insurance Act ( 12 U.S.C. 1819 (2) Insured depository institutions and affiliates For an approved aggregator that is an insured depository institution or an affiliate of an insured depository institutions: (A) Use of existing reports to reduce examinations To the fullest extent possible, the Corporation shall— (i) rely on the examinations, inspections, and reports of the appropriate Federal or State banking agencies; (ii) avoid duplication of examination activities, reporting requirements, and requests for information; and (iii) ensure that the depository institution holding company and the subsidiaries of the depository institution holding company are not subject to conflicting supervisory demands by the Corporation and appropriate Federal and State banking agencies. (B) Examination authority If the Corporation determines that the examinations, inspections, and reports obtained pursuant to subparagraph (A) are insufficient for the Corporation to adequately supervise an approved aggregator for compliance with this Act, the Corporation shall have the authority to require reports from and examine the approved aggregator for compliance with this Act, in the same manner and to the same extent as the Board of Governors of the Federal Reserve System has with respect to a subsidiary of a bank holding companyunder the provisions of paragraphs (1) and (2) of subsection (c) of section 5 of the Bank Holding Company Act ( 12 U.S.C. 1844 (C) Regulatory notice (i) Regulatory notice Before commencing an examination of an approved aggregator under this paragraph, the Corporation shall provide reasonable notice to, and coordinate with, the appropriate Federal or State banking agency or State regulatory agency. (ii) Rule of construction Nothing in this Act shall limit the authority of the Corporation to require reports of and examine an approved aggregator— (I) to verify the sale of, and funds received from, the first loss position; and (II) when the Corporation becomes aware— (aa) of a material threat to the safety and soundness of the approved aggregator; (bb) that the approved aggregator is in material violation of this Act or the rules promulgated by the Corporation pursuant to this Act; or (cc) that the activities of the approved aggregator threaten the financial stability of the housing finance system or the Mortgage Insurance Fund. (f) Enforcement The Corporation shall have the authority to enforce the provisions of this Act with respect to an approved aggregator, in the same manner and to the same extent as the Federal Deposit Insurance Corporation has with respect to an insured depository institution under the provisions of subsections (b) through (n) of section 8 of the Federal Deposit Insurance Act ( 12 U.S.C. 1818 (g) Capital standards For approved aggregators that are neither an insured depository institution nor an affiliate of an insured depository institution the following shall apply: (1) In general Pursuant to the requirement to establish capital and related solvency standards under section 309(b), the Corporation shall establish standards for approved aggregators that require an approved aggregator— (A) to hold capital in an amount comparable to that which is required to be held by insured depository institutions and their affiliates with respect to their applicable aggregating activities; and (B) to maintain solvency levels adequate for the approved aggregator to withstand losses that might be incurred by the approved aggregator in a period of economic stress, including national and regional home price declines, such as those observed during moderate to severe recessions in the United States. (2) Stress tests The Corporation shall conduct appropriate stress tests of each approved aggregator that has total assets of more than $10,000,000,000, provided that such stress tests shall be— (A) specifically tailored to the business model of the approved aggregator; (B) utilized to— (i) ensure the safety and soundness of the approved aggregator; and (ii) minimize the risk the approved aggregator may present to the Mortgage Insurance Fund; and (C) coordinated with the Board of Governors of the Federal Reserve System, if the approved aggregator is an affiliate of an insured depository institution. (h) Resolution authority for failing aggregators (1) In general Notwithstanding any other provision of Federal law, the law of any State, or the constitution of any State, the Corporation shall— (A) have the authority to act, in the same manner and to the same extent, with respect to an approved aggregator that is not an insured depository institution as the Federal Deposit Insurance Corporation has with respect to an insured depository institution under subsections (c) through (s) of section 11 of the Federal Deposit Insurance Act ( 12 U.S.C. 1821 12 U.S.C. 1822 12 U.S.C. 1823 (B) in carrying out any authority provided under subparagraph (A), act, in the same manner and to the same extent, with respect to the Mortgage Insurance Fund as the Federal Deposit Insurance Corporation may act with respect to the Deposit Insurance Fund under the provisions of the Federal Deposit Insurance Act set forth in subparagraph (A); (C) prescribe regulations governing the applicable rights, duties, and obligations of an approved aggregator that is not an insured depository institution placed into resolution under this subsection, its creditors, counterparties, and other persons, as the Corporation deems necessary to properly exercise the authority provided in subparagraph (A); and (D) consistent with the authorities provided in subparagraph (A), immediately place an insolvent approved aggregator that is not an insured depository institution into receivership. (2) Rule of construction If an insolvent approved aggregator is an insured depository institution, the Corporation shall recommend, in writing, to such approved aggregator’s appropriate Federal banking agency or State banking regulator to resolve such approved aggregator, which agency shall have sole authority to resolve such aggregator pursuant to section 11(c) of the Federal Deposit Insurance Act ( 12 U.S.C. 1821(c) (3) Least-cost resolution required The Corporation may not exercise any authority under paragraph (1) with respect to any approved aggregator that is not an insured depository institution unless the total amount of the expenditures by the Corporation and obligations incurred by the Corporation in connection with the exercise of any such authority with respect to such approved aggregator is the least costly to the Mortgage Insurance Fund, consistent with the least cost approach specified in the Federal Deposit Insurance Act ( 12 U.S.C. 1811 et seq. (4) Taxpayer protection The Corporation, in carrying out any authority provided in this subsection, shall prescribe regulations to ensure that any amounts owed to the United States, unless the United States agrees or consents otherwise, shall have priority following administrative expenses of the receiver when satisfying unsecured claims against an approved aggregator, or the receiver therefor, that are proven to the satisfaction of the receiver. (i) Hearing Upon notice of denial of an application for approval under subsection (b) or upon a notice of suspension or revocation of the approved status of an approved aggregator under subsection (c), the applicant or approved aggregator shall be afforded a hearing under subsection (h) of section 8 of the Federal Deposit Insurance Act ( 12 U.S.C. 1818(h) (j) Other activities An approved aggregator shall be prohibited from being an approved guarantor. (k) Information sharing regarding insured depository institutions and affiliates of insured depository institutions (1) By the Corporation To the extent the Corporation has relevant information indicating that an approved aggregator that is an insured depository institution or an affiliate of an insured depository institution (A) faces a material threat to its safety and soundness, including insufficient capital, (B) may be in material violation of Federal banking law, or (C) may threaten the financial stability of the housing finance system or the Mortgage Insurance Fund, the Corporation shall notify, in writing, such appropriate Federal banking agency that such conditions exist. The Corporation shall have no authority to enforce prudential standards established by an appropriate Federal banking agency pursuant to the appropriate Federal banking agency’s authority. (2) By Federal and State banking agencies To the extent an appropriate Federal banking agency or State banking agency has relevant information indicating that an approved aggregator that is an insured depository institution or an affiliate of an insured depository institution (A) faces a material threat to its safety and soundness, including insufficient capital, (B) may be in material violation of this Act or the rules promulgated by the Corporation pursuant to this Act, or (C) may threaten the financial stability of the housing finance system or the Mortgage Insurance Fund, such appropriate Federal banking agency or State banking agency shall notify, in writing, the Corporation that such conditions exist. (l) Rule of construction regarding preservation of Corporation authority Nothing in this section limits, or shall be construed to limit, the authority of the Corporation to provide exemptions to, or adjustments for, the provisions of this section based on the asset size of an approved aggregator, or other criteria, as the Corporation deems appropriate, in order to reduce regulatory burdens while appropriately balancing protection of the Mortgage Insurance Fund. (m) Federal Home Loan Banks, joint offices, and bank subsidiaries as aggregators (1) Federal Home Loan Bank Act (A) Establishment of joint offices and subsidiaries (i) Amendment Section 12 of the Federal Home Loan Bank Act ( 12 U.S.C. 1432 (c) Subject to such regulations as may be prescribed by the Agency, in coordination with the Federal Mortgage Insurance Corporation, 1 or more Federal Home Loan Banks may establish a subsidiary or joint office in any form under the laws of any State, subject to the approval of the Corporation. Any subsidiary or joint office established under this subsection shall be restricted to engaging in activities related to being an approved aggregator, as that term is defined under section 2 of Housing Finance Reform and Taxpayer Protection Act of 2014 (d) Subject to such regulations as may be prescribed by the Agency, in coordination with the Federal Mortgage Insurance Corporation, 1 or more Federal Home Loan Banks or any subsidiary or joint office of a Federal Home Loan Bank established under subsection (c) may apply to become, and may become, an approved aggregator, as that term is defined under section 2 of the Housing Finance Reform and Taxpayer Protection Act of 2014 . (ii) Effective date The amendments made by clause (i) shall take effect on the system certification date. (B) CDFIs (i) Amendment Section 10(a) of the Federal Home Loan Bank Act ( 12 U.S.C. 1430(a) (I) in paragraph (2)(B), by inserting or community development financial institution (as defined in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4702 community financial institution (II) in paragraph (3)(E), by inserting or community development financial institution (as defined in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4702 community financial institution (ii) Effective date The amendment made by clause (i) shall take effect on the agency transfer date. (2) Not consolidated debt Notwithstanding section 11 of the Federal Home Loan Bank Act ( 12 U.S.C. 1431 313. Approval of private mortgage insurers (a) Standards for approval of private mortgage insurers (1) In general The Corporation shall develop, adopt, and publish standards for the approval by the Corporation of private mortgage insurers to provide private mortgage loan insurance on eligible single-family mortgage loans that collateralize single-family covered securities. (2) Required standards The standards required under paragraph (1) shall include— (A) the financial history and current financial condition, including capital and loss reserves to comply with any applicable State law or regulation, of the private mortgage insurer; (B) the capability of the management of the private mortgage insurer; (C) the general character and fitness of the officers and directors of the private mortgage insurer, including the compliance history of the private mortgage insurer’s officers and directors with Federal and State laws and the rules and regulations promulgated by self-regulatory organizations (as defined in section 3(a)(26) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(26)), as applicable; (D) that the private mortgage insurer has the capacity to insure eligible single-family mortgage loans in a manner to comply with any applicable State law or regulation and that furthers the purposes of the Corporation as described in section 201(b)(5); (E) the risk presented by the private mortgage insurer to the Mortgage Insurance Fund; (F) the adequacy of insurance and fidelity coverage of the private mortgage insurer; (G) a requirement that the private mortgage insurer submit audited financial statements to the Corporation; and (H) any other standard the Corporation, after notice and public comment, determines necessary to avoid significant risk to the Mortgage Insurance Fund, provided the standard does not materially conflict with State law. (3) Rule of construction Nothing in subparagraph (D) of paragraph (2) shall be construed to prevent the Corporation from approving a small or specialty private mortgage insurer, provided that the private mortgage insurer has the capacity to adequately diversify its risk to meet solvency standards required by any applicable State law or regulation. (4) Consultation and coordination To promote consistency and minimize regulatory conflict, the Corporation shall consult and coordinate with appropriate Federal regulators and State regulators and officials when developing standards pursuant to this subsection. (b) Application and approval (1) Application process (A) In general The Corporation shall establish an application process, in such form and manner and requiring such information as the Corporation may require, for the approval of a private mortgage insurer under this section. (B) Application review The Corporation shall establish internal timelines for its processing of an application under this section, including timelines for any action to approve or to deny an application under this section. (C) Notification The Corporation shall notify the appropriate State insurance regulator upon receipt of any application by a private mortgage insurer to become an approved private mortgage insurer under this section. (2) Approval The Corporation may approve any application made pursuant to paragraph (1), provided the private mortgage insurer meets the standards established under subsection (a). (3) Denial The Corporation shall have the authority to deny any application made pursuant to paragraph (1) if an officer or director of the private mortgage insurer has, at any time prior to the date of the approval of such application, been— (A) subject to a statutory disqualification pursuant to section 3(a)(39) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a)(39) (B) suspended, removed, or prohibited from participation pursuant to section 8(g) of the Federal Deposit Insurance Act ( 12 U.S.C. 1818(g) 12 U.S.C. 1818(e) 12 U.S.C. 1818(u)(1) 12 U.S.C. 1818 (4) Notice and publication The Corporation shall— (A) provide prompt notice to a private mortgage insurer of the approval or denial of any application of the private mortgage insurer to become an approved private mortgage insurer under this section; (B) publish a notice in the Federal Register upon approval of any private mortgage insurer; (C) maintain an updated list of approved private mortgage insurers on the website of the Corporation; and (D) provide prompt notice to the appropriate State insurance regulator upon the approval or denial of any application of a private mortgage insurer to become an approved private mortgage insurer under this section. (5) Grandfathered insurers of the enterprises Any private mortgage insurer who was approved to insure mortgage loans for an enterprise on the date that is 1 day before the date the Corporation publishes the provisional standards for the approval of private mortgage insurers required under section 607(a)(2), and was in good standing as of such date— (A) shall be deemed conditionally approved for a period of 1 year from the date on which the Corporation publishes the provisional standards for the approval of private mortgage insurers required under section 607(a)(2); (B) shall, not later than the date which is 6 months after date on which the Corporation publishes the standards required under subsection (a), apply for approved status via the application process described in this subsection to be eligible for approved status; and (C) shall, provided the private mortgage insurer has complied with subparagraph (B), receive a determination from the Corporation as to the approval or denial of its application to become an approved private mortgage insurer prior to the expiration of the 1-year period described under subparagraph (A). (c) Requirement to maintain approval status (1) Authority to issue order If the Corporation determines that an approved private mortgage insurer no longer meets the standards for such approval or violates a requirement under this section, including any standard, regulation, or order promulgated in accordance with this Act, the Corporation may— (A) provide prompt notice to the appropriate State insurance regulator that the Corporation determines that an approved private mortgage insurer no longer meets the standard for such approval; (B) suspend or revoke the approved status of the approved private mortgage insurer; or (C) take any other action with respect to such approved private mortgage insurer as may be authorized under this Act. (2) Rule of construction The suspension or revocation of the approved status of an approved private mortgage insurer under this section shall have no effect on the status as a covered security of any covered security collateralized by eligible mortgage loans with which the approved private mortgage insurer contracted prior to the suspension or revocation. (3) Publication The Corporation shall— (A) promptly publish a notice in the Federal Register upon suspension or revocation of the approval of any approved private mortgage insurer; and (B) maintain an updated list of such approved private mortgage insurers on the website of the Corporation. (4) Definition In this subsection, the term violate (d) State regulation The appropriate State insurance regulator of an approved private mortgage insurer has primary authority to examine and supervise the approved private mortgage insurer. (e) Reports and examinations (1) In general For purposes of determining whether an approved private mortgage insurer is fulfilling the requirements under this Act, the Corporation may, in coordination with the appropriate State insurance regulator of the approved private mortgage insurer, including providing the appropriate State insurance regulator the opportunity to join the Corporation in an on-site examination, examine or review any approved private mortgage insurer if the Corporation has substantial reason to believe— (A) that an approved private mortgage insurer has engaged in a material violation or pattern of violations of this Act or the rules promulgated pursuant to this Act; or (B) that the activities of an approved private mortgage insurer may threaten the financial stability of the housing finance system or the Mortgage Insurance Fund. (2) 3-year compliance examination In addition to the authority under paragraph (1), the Corporation shall conduct an examination of an approved private mortgage insurer once, but not more than once, every 3 years, provided the approved private mortgage insurer has not been examined on-site by an appropriate State insurance regulator. (3) Coordination In conducting an exam or review authorized pursuant to paragraph (1) or paragraph (2), the Corporation shall— (A) provide reasonable notice to, and coordinate with, the appropriate State insurance regulator for an approved private mortgage insurer before commencing an examination of the approved private mortgage insurer under this section; (B) to the fullest extent possible, avoid duplication of examination activities, reporting requirements, and requests for information, including by relying on existing examinations, inspections, and reports of the appropriate State insurance regulator; and (C) ensure that the approved private mortgage insurer is not subject to conflicting supervisory demands by the Corporation and State insurance regulators, as appropriate. (4) Notice of determination The State insurance regulator of an approved private mortgage insurer shall notify the Corporation if there has been a final determination that the approved private mortgage insurer is in a hazardous financial condition provided that the Corporation agrees to maintain the confidentiality or privileged status of the document, material, or other information received from the State insurance regulator of the approved private mortgage insurer. (f) Enforcement (1) In general The Corporation shall have the authority to enforce the provisions of this section with respect to a private mortgage insurer, in the same manner and to the same extent as the Federal Deposit Insurance Corporation has with respect to an insured depository institution under the provisions of subsections (b) through (n) of section 8 of the Federal Deposit Insurance Act ( 12 U.S.C. 1818 (2) Notification Prior to taking any enforcement action against an approved private mortgage insurer, the Corporation shall promptly notify, consult, and coordinate with the appropriate State insurance regulator. (g) Resolution authority (1) In general For any approved private mortgage insurer that the Corporation has substantial reason to believe is insolvent, as defined by applicable State law, and would otherwise be subject to receivership proceedings under such applicable State law, the Corporation shall recommend, in writing, that the State insurance regulator for such approved private mortgage insurer take such actions as are necessary and authorized under applicable State law to resolve such approved private mortgage insurer. (2) Backup authority Notwithstanding the requirement under paragraph (1), if, after the end of the 60-day period beginning on the date on which the Corporation provides its written recommendation pursuant to paragraph (1), the appropriate State insurance regulator has not filed the appropriate judicial action in the appropriate State court to place such approved private mortgage insurer into receivership under the laws and requirements of the State, the Corporation shall have the authority to stand in the place of the appropriate regulatory agency and file the appropriate judicial action in the appropriate State court to place such approved private mortgage insurer into receivership under the laws and requirements of the State. (h) Hearing Upon notice of denial of an application for approval under subsection (b) or upon a notice of suspension or revocation of the approved status of an approved private mortgage insurer under subsection (c), the applicant or approved private mortgage insurer shall be afforded a hearing under subsection (h) of section 8 of the Federal Deposit Insurance Act ( 12 U.S.C. 1818(h) (i) Rule of construction regarding preservation of Corporation authority Nothing in this section limits, or shall be construed to limit, the authority of the Corporation to provide exemptions to, or adjustments for, the provisions of this section based on the asset size of approved private mortgage insurers, or other criteria, as the Corporation deems appropriate, in order to reduce regulatory burdens while appropriately balancing the protection of the Mortgage Insurance Fund. 314. Approval of servicers (a) Standards for approval of servicers (1) In general The Corporation shall, by regulation, establish standards for the approval by the Corporation of servicers to administer eligible single-family mortgage loans, including standards with respect to— (A) the collection and forwarding of principal and interest payments; (B) the maintenance of escrow accounts; (C) the collection and payment of taxes and bona fide insurance premiums; (D) the maintenance of records on eligible single-family mortgage loans; (E) the establishment of loss mitigation options that seek to enhance value and prevent, to greatest extent possible, the need to trigger a claim on insurance offered by the Corporation pursuant to this title, including by— (i) establishing, by rule, a consistent process through which borrowers, who have submitted an initial loan modification request, will be evaluated by servicers and the securitization trust for an affordable loan modification; and (ii) providing clear guidance regarding the treatment of second lien holders, taking into consideration the priority and subordination of liens under Federal and State laws; (F) the advancement of principal and interest payments to investors in the case of a delinquency by a borrower until such time as the borrower has made all payments in arrears, the borrower has entered into a repayment plan or modification, an approved entity or regulated entity has purchased the loan, or the property securing the eligible single-family mortgage loan has been liquidated, including specification that the servicer shall recover advances upon permanent modification of a borrower’s mortgage loan; (G) the establishment of procedures under which the servicer may initiate or continue a foreclosure, in accordance with applicable Federal and State laws and regulations that— (i) take into account— (I) the servicer’s evaluation of, and agreements with, borrowers for loss mitigation options pursuant to subparagraph (E); (II) potential losses caused by delays in collateral recovery; and (III) the need to minimize risks to the Mortgage Insurance Fund; and (ii) provide the borrower, upon request, documentation establishing the right of the mortgagee to foreclose; (H) the provision of eligible single-family mortgage loan information to borrowers, upon request, including a copy of the pooling and servicing agreement and securitization trust requirements that address the ability of the servicer to offer loss mitigation options; and (I) implementing the terms of any loss mitigation and foreclosure prevention as required by any uniform securitization agreement developed under section 326. (2) Additional required standards The standards required under paragraph (1) shall also include— (A) the financial history and condition of the servicer; (B) the capability of the management of the servicer; (C) the general character and fitness of the officers and directors of the servicer, including the compliance history of the servicer’s officers and directors with Federal and State laws and the rules and regulations promulgated by self-regulatory organizations (as defined in section 3(a)(26) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a)(26) (D) the risk presented by such servicer to the Mortgage Insurance Fund; and (E) minimum operational and management standards for the servicer, including with respect to— (i) internal controls; (ii) recordkeeping; (iii) internal audit systems; (iv) the maintenance of adequate liquidity and reserves; and (v) reporting standards to the Corporation and investors, including audited financial statements. (3) Coordination, consistency, and comparability To promote consistency and minimize regulatory conflict, the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Bureau of Consumer Financial Protection, the National Credit Union Administration, and the Corporation shall— (A) consult and coordinate with each other in developing and issuing regulations with respect to the rules and standards for the servicing of eligible single-family mortgage loans; and (B) review existing regulations with respect to mortgage loan servicing rules and standards. (4) Consultation and coordination with State regulators To promote consistency and minimize regulatory conflict, the Corporation shall consult and coordinate with appropriate State regulators in developing and issuing regulations with respect to the rules and standards for the servicing of eligible single-family mortgage loans. (b) Application and approval (1) Application process The Corporation shall establish an application process— (A) in such form and manner and requiring such information as the Corporation may require, for the approval of a servicer under this section; and (B) that does not discriminate against or otherwise disadvantage small servicers. (2) Approval (A) In general The Corporation may approve any application made pursuant to paragraph (1) provided the servicer meets the standards adopted under subsection (a). (B) Prompt notice The Corporation shall notify any applicant seeking to become an approved servicer under this section of the decision of the Corporation with respect to such approval as promptly as practicable. (3) Denial The Corporation shall have the authority to deny any application made pursuant to paragraph (1) if an officer or director of the servicer has, at any time prior to the date of the approval of such application, been— (A) subject to a statutory disqualification pursuant to section 3(a)(39) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a)(39) (B) suspended, removed, or prohibited from participation pursuant to section 8(g) of the Federal Deposit Insurance Act ( 12 U.S.C. 1818(g) 12 U.S.C. 1818(e) 12 U.S.C. 1818(u)(1) 12 U.S.C. 1818 (4) Grandfathered servicers of the enterprises Any servicer who was approved to service mortgage loans for an enterprise on the date that is 1 day before the date of enactment of this Act, and was in good standing as of such date, shall be deemed to be an approved servicer for purposes of initial servicer approval by the Corporation and thereafter subject to the requirements of this section as an approved servicer. (5) Small servicer exemption (A) In general The Corporation shall, by regulation, provide exemptions to, or adjustments for, the provisions of this section for approved servicers that service 7,500 or fewer eligible single-family mortgage loans, in order to reduce regulatory burdens while appropriately balancing protection of the Mortgage Insurance Fund. (B) Limitation of exemption eligibility An approved servicer and its subsidiaries and affiliates shall be considered a single entity for purposes of the exemption under subparagraph (A). (6) RESPA amendment Section 6 of the Real Estate Settlement Procedures Act of 1974 ( 12 U.S.C. 2605 (n) Small servicer exemption (1) In general The Bureau shall, by regulation, provide exemptions to, or adjustments for, the provisions of this section for servicers that service 7,500 or fewer mortgage loans, in order to reduce regulatory burdens while appropriately balancing consumer protections. (2) Limitation of exemption eligibility An approved servicer and its subsidiaries and affiliates shall be considered a single entity for purposes of the exemption under paragraph (1). . (7) Publication The Corporation shall— (A) publish a notice in the Federal Register upon approving any servicer under this section; and (B) maintain an updated list of approved servicers on the website of the Corporation. (c) Review, suspension, and revocation of approved status (1) Review (A) In general The Corporation may examine or review any approved servicer if the Corporation has substantial reason to believe that a servicer has engaged in a material violation or pattern of violations of this Act or the rules promulgated pursuant to this Act, including— (i) any failure by an approved servicer to comply with terms set forth in any uniform securitization agreement developed under section 326; or (ii) through the identification of any information indicating abnormal eligible single-family mortgage loan performance within the loan portfolio of the approved servicer. (B) 2-year compliance examination In addition to the authority under subparagraph (A), the Corporation shall conduct an examination or review of an approved servicer once, but not more than once, every 2 years, provided however that such examination or review shall be limited to compliance with this Act or regulations promulgated under this Act. (C) Coordination In conducting an exam or review authorized pursuant to subparagraph (A) or subparagraph (B), the Corporation shall— (i) provide reasonable notice to, and coordinate with, the appropriate Federal banking agency, the Bureau of Consumer Financial Protection, or State regulatory agency, as appropriate, for an approved servicer that is regulated by such Federal banking agency, the Bureau of Consumer Financial Protection, or State regulatory agency before commencing an examination of the approved servicer under this section; and (ii) to the fullest extent possible— (I) rely on the examinations, inspections, and reports of the appropriate Federal banking agency, the Bureau of Consumer Financial Protection, or State regulatory agency, as appropriate, for an approved servicer that is regulated by such Federal banking agency, the Bureau of Consumer Financial Protection, or State regulatory agency; (II) avoid duplication of examination activities, reporting requirements, and requests for information; and (III) ensure that approved servicers are not subject to conflicting supervisory demands by the Corporation, appropriate Federal banking agencies, the Bureau of Consumer Financial Protection, or State regulatory agencies, as appropriate. (D) Self certification (i) In general To facilitate any exam or review authorized pursuant to subparagraph (A) or subparagraph (B), each approved servicer shall, on an annual basis and in accordance with such requirements as the Corporation may establish, certify in writing to the Corporation that the approved servicer is in compliance with the standards identified under paragraphs (1) and (2) of subsection (a), all other requirements of this Act, and any rules promulgated pursuant to this Act. (ii) Penalty for false or misleading certifications (I) Enforcement The Corporation shall have the authority to impose enforcement penalties with respect to an approved servicer who submits a certification under clause (i) that contains false or misleading information, in the same manner and to the same extent as the Federal Deposit Insurance Corporation has with respect to insured depository institutions under the provisions of subsections (b) through (n) of section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818), except that the penalties under subsection (j) of such section 8 shall not apply. (II) Notification If the Corporation takes any enforcement action against an approved servicer, the Corporation shall notify the approved servicer’s appropriate Federal banking agency, the Bureau of Consumer Financial Protection, or State regulator, if applicable. (2) Suspension or revocation (A) Corporation authority If the Corporation determines, in any exam or review authorized pursuant to paragraph (1), that an approved servicer no longer meets the standards for approval, the Corporation may suspend or revoke the approved status of such servicer. (B) Rule of construction The suspension or revocation of an approved servicer’s approved status under this paragraph shall have no effect on the status of any covered security. (3) Publication The Corporation shall— (A) publish in the Federal Register a list of any approved servicers who have their approved status suspended or revoked; and (B) maintain an updated list of such servicers on the website of the Corporation. (d) Appeals (1) In general (A) Appeals of denials of application A servicer who submits an application under subsection (b)(1) to become an approved servicer may appeal a decision of the Corporation denying such application. (B) Appeals of denials of benefits or suspensions of participation An approved servicer may appeal a decision of the Corporation suspending or revoking the approved status of such servicer. (2) Filing of appeal Any servicer who files an appeal under paragraph (1) shall file the appeal with the Corporation not later than 90 days after the date on which the person receives notice of the decision of the Corporation being appealed. (3) Final determination The Corporation shall make a final determination with respect to an appeal under paragraph (1) not later than 180 days after the date on which the appeal is filed under paragraph (2). (e) Transfer of mortgage servicing duties (1) In general For any eligible single-family mortgage loan or pool of eligible single-family mortgage loans collateralizing a single-family covered security insured by the Corporation under this title and in accordance with rules promulgated by the Corporation, the Corporation may require the approved servicer of any such eligible single-family mortgage loan or pool of eligible single-family mortgage loans to enter into a subservicing arrangement with any independent specialty servicer approved by the Corporation. (2) Rules The rules required under paragraph (1) shall— (A) set forth with clarity the performance conditions of an approved servicer that would warrant or necessitate the use of the authority granted to the Corporation under this subsection; (B) require that the performance condition warranting or necessitating the use of such authority be of such type or character so as to materially and adversely affect the ability of the Corporation to recover any amounts owed to the Corporation; (C) for purposes of subparagraph (B), define the term materially and adversely affect (D) require that any approved servicer whose servicing duties are subject to this subsection be provided a reasonable amount of time, provided that such time does not present a risk to the Mortgage Insurance Fund, to rebut, address, or correct any determination of the Corporation regarding a performance condition described under subparagraph (A); (E) only permit the Corporation to carry out the authority granted under this subsection upon expiration of the time-period allowed under subparagraph (D); (F) limit the scope of any such authority to eligible single-family mortgage loans that share similar underwriting, borrower, and performance characteristics; (G) ensure that the scope of any such authority is not applied broadly and without further limitation; and (H) notwithstanding subparagraphs (B) through (G), provide that an approved servicer may be subject to more extensive programmatic discipline or correction measures, as determined by the Corporation, if, during any 5-year period— (i) the servicing duties that are the subject of the current use of the Corporation’s authority under this subsection marks the third instance of the use of such authority with respect to the same approved servicer; and (ii) with respect to the prior 2 separate and individual instances of the use of such authority, the same approved servicer failed to cure any identified performance conditions or implement corrective measures as determined by the Corporation pursuant to subparagraph (D). (3) Cessation of compensation If a transfer of servicing duties occurs under paragraph (1), the approved servicer from whom such servicing duties are extinguished shall cease to receive compensation for any such servicing activities related to those duties. (4) Servicer succession plans (A) In general The Corporation may establish a succession plan for each approved servicer, including provisions for— (i) a specialized servicer to replace the approved servicer if the performance of the eligible single-family mortgage loan pool serviced by such approved servicer deteriorates to specified levels; and (ii) a plan to achieve continuity of contact for borrowers upon the replacement of the approved servicer. (B) Rule of construction Nothing in this paragraph shall be construed as authorizing the Corporation to circumvent, evade, or otherwise disregard the rules established in paragraphs (1) and (2) when facilitating a transfer of servicing rights. (f) Petitions for change of servicer by private market holders (1) Development of process The Corporation shall develop a process by which private market holders of the first loss position in a single-family covered security may petition the Corporation for a change in approved servicers, including specialized servicers for individual eligible single-family mortgage loans, if the private market holders can demonstrate that its investment was not appropriately protected by the current approved servicer, including by failing to meet any standard or requirement identified under paragraphs (1) and (2) of subsection (a). (2) Cessation of compensation If a change in approved servicers is approved under paragraph (1)— (A) the change must occur within 30 days after the petition is approved by the Corporation; and (B) once the change required under subparagraph (A) has occurred, the approved servicer from whom such servicing rights are extinguished shall cease to receive compensation for any such servicing activities related to those rights. (g) Notice of transfer of servicing rights by current servicer (1) Notice to FMIC The Corporation shall develop a process by which an approved servicer shall provide notice to the Corporation of any transfer of any servicing rights of such approved servicer to another approved servicer. (2) Authority of FMIC to prevent, halt, or rescind a transfer The process required to be developed under paragraph (1) shall include the development of procedures to permit the Corporation to prevent, halt, or rescind any transfer of servicing rights from an approved servicer to a servicer that is not approved to service eligible single-family mortgage loans under this section or to any servicer whose approved status has been suspended or revoked pursuant to subsection (c)(2). (h) General authority with respect to the transfer of servicing rights The Corporation may develop such other standards with respect to the transfer of servicing rights by approved servicers as the Corporation determines necessary and appropriate to facilitate an orderly transfer of servicing rights after the suspension or revocation of the approved status of a servicer pursuant to subsection (c)(2). (i) Study of servicer compensation related to non-performing single-family mortgage loans (1) In general The Corporation shall carry out a study of servicing compensation for non-performing single-family mortgage loans, including alternatives to existing servicing compensation structures. (2) Recommendations The study required under paragraph (1) shall include recommendations for the optimal structure of servicer compensation, in order to— (A) improve service for borrowers; (B) reduce financial risk to servicers; and (C) provide flexibility for guarantors to better manage non-performing single-family mortgage loans. (3) Report Not later than 1 year after the date of enactment of this Act, the Chairperson shall issue a report to the Congress containing any findings and determinations made in carrying out the study required under paragraph (1). (j) Rule of construction Nothing in this section shall prohibit a mortgage originator from retaining rights to service the eligible single-family mortgage loans it originated, provided that the mortgage originator— (1) meets the standards to be an approved servicer under subsection (a); or (2) qualifies for an exemption under subsection (b)(5). 315. Authority to establish and approve small lender mutuals (a) Establishment of small lender mutuals (1) In general The Corporation shall establish 1 entity known as the Small Lender Mutual (2) Approval of other small lender mutuals The Corporation shall, by regulation, establish standards for the approval by the Corporation of such other small lender mutuals as may be necessary to facilitate the purposes described in subsection (b). (b) Purposes The purpose of the Small Lender Mutual established under subsection (a)(1) and any small lender mutual approved under subsection (a)(2) (in this section collectively referred to as a small lender mutual (1) To address the needs of small mortgage lenders with respect to covered securities. (2) To purchase eligible mortgage loans to securitize a covered security from its member participants— (A) for cash, on a single loan basis; or (B) through the sale of a portion of a multi-lender pool or multi-guarantor pool collateralized by eligible mortgage loans securitized in a covered security. (3) To obtain all necessary and appropriate credit enhancements for covered securities to support the lending activities of small mortgage lenders. (4) To implement policies and procedures that ensure that the access rules and fees of any small lender mutual are not prohibitive and do not discriminate against originators of eligible mortgage loans or any entity that aggregates eligible mortgage loans on the basis of size, composition, business line, or loan volume. (5) To appropriately manage the risk of the Small Lender Mutual to ensure the continued safety and soundness of such mutual. (c) Provisions to ensure the effective operations of small lender mutuals (1) Requirement to assess needs of small lender mutual Not later than 1 year after the date of enactment of this Act, the Federal Housing Finance Agency shall conduct an assessment of the intellectual property, technology, infrastructure, and processes of the enterprises relating to the operation and maintenance of the systems needed to ensure small mortgage lender access to the secondary mortgage market to determine the needs of the Small Lender Mutual established under subsection (a)(1). The assessment required under this paragraph shall be submitted to the Transition Committee established under section 404, or the Board if confirmed pursuant to section 404(d), and included in the transition plan required under section 602. (2) Authority to manage disposition of enterprise infrastructure After the agency transfer date and before the system certification date, the Federal Housing Finance Agency, consistent with title VI— (A) shall dispose of the intellectual property, technology, infrastructure, and processes of the enterprises relating to the operation and maintenance of the systems needed for small mortgage lenders to access the secondary mortgage market; and (B) may manage such disposition through the sale, transfer, licensing, or leasing of such intellectual property, technology, infrastructure, and processes of an enterprise to the Small Lender Mutual established under subsection (a)(1) to ensure that the Small Lender Mutual can access the secondary mortgage market and fulfill the purposes of the section. (3) Transfer of necessary technology After the agency transfer date and before the system certification date, the Federal Housing Finance Agency, consistent with section 604(h), may transfer to a subsidiary or subsidiaries of the enterprises any function, activity, infrastructure, property, including intellectual property, technology, or any other object or service of an enterprise that the Corporation determines is necessary and available for the Small Lender Mutual established under subsection (a)(1) to carry out its activities and operations. (4) Initial capitalization (A) In general The initial capital necessary for the Small Lender Mutual to be established under subsection (a)(1) to purchase a subsidiary established under paragraph (3) or to purchase, lease, or license the systems under paragraph (2)(B), and to perform all other activities and functions of the Small Lender Mutual, including the ability of the Small Lender Mutual to operate a cash window for the purchase of individual eligible mortgage loans, shall be provided by the enterprises. (B) Determination of amount The amount of any initial capital required to be provided by the enterprises under subparagraph (A) shall be determined by the Corporation based on the needs of the Small Lender Mutual to carry out its activities and functions, as well as by the current volume of business from the enterprise-approved sellers that are eligible to participate, pursuant to subsection (e), as a member of the Small Lender Mutual. (C) Repayment (i) In general The amount of any initial capital required to be provided by the enterprises under subparagraph (A) shall be repaid by the Small Lender Mutual established under subsection (a)(1) on a schedule jointly agreed to by the Small Lender Mutual and the Corporation. (ii) Repayment period (I) In general The repayment of any amounts required under clause (i) shall be completed within 7 years from the system certification date. (II) Authority to extend repayment period The Corporation, after consultation with the mutual board of the Small Lender Mutual established under subsection (a)(1), may extend the repayment period set forth under subclause (I) for an additional 3 years, if, in the sole discretion of the Corporation, the Corporation deems such extension necessary. (d) Ensuring fair competition The Federal Housing Finance Agency may, consistent with the public interest, for the maintenance of fair competition among all small lender mutuals, and for the purposes set forth in this section, provide, through a licensing agreement or other agreement, access to any technology or platform transferred pursuant to subsection (c)(3). (e) Eligibility (1) In general Eligibility to participate as a member in any small lender mutual shall be limited to any— (A) insured depository institution having less than $500,000,000,000 in total consolidated assets at the time of the initial participation of the institution in the small lender mutual; (B) non-depository mortgage originator that— (i) has a minimum net worth of $2,500,000; (ii) has annual eligible mortgage loan production of less than $100,000,000,000; and (iii) (I) prior to the system certification date, was approved to sell mortgage loans to an enterprise on the date that is 1 day prior to the establishment or approval of the small lender mutual, provided that such originator was in good standing as of such date; or (II) meets the standards established by the small lender mutual pursuant to subsection (l); (C) Community Development Financial Institution that meets the standards established by the small lender mutual pursuant to subsection (l); (D) mission-based nonprofit lender that meets the standards established by the small lender mutual pursuant to subsection (l); (E) housing finance agency that meets the standards established by the small lender mutual pursuant to subsection (l); and (F) Federal Home Loan Bank. (2) Access of originators An entity eligible to participate as a member of a small lender mutual may not be required to become an approved entity under this Act to access any function or operation of a small lender mutual. (3) Rule of construction Each entity eligible to participate as a member of a small lender mutual under this section shall meet all applicable standards and requirements under this Act. (f) Report Not later than 2 years after the date on which the Small Lender Mutual is established under subsection (a)(1), the Corporation shall— (1) conduct and complete a study evaluating the criteria for eligibility as a member of the Small Lender Mutual under subparagraphs (A) and (B) of subsection (e)(1); and (2) submit a report to Congress, which shall include an evaluation of— (A) whether the participation levels of members of the Small Lender Mutual under subparagraphs (A) and (B) of subsection (e)(1) are sufficient to create the economies of scale and liquidity necessary for competitive pricing in the secondary mortgage market; (B) the ability of the Small Lender Mutual to ensure access for small mortgage lenders to the secondary mortgage market; (C) the impact of the asset and net worth eligibility criteria established in subparagraphs (A) and (B) of subsection (e)(1) on the size, competitiveness, and membership of the Small Lender Mutual; (D) whether the eligibility thresholds established in subparagraphs (A) and (B) of subsection (e)(1) are facilitating or impeding the creation of a robust market for approved guarantors; (E) whether the establishment of other eligibility criteria in subparagraphs (A) and (B) of subsection (e)(1) would better serve members of the Small Lender Mutual, including such other criteria as— (i) a different asset threshold; (ii) an annual mortgage loan origination threshold; or (iii) a mortgage loan production cap; (F) whether the Small Lender Mutual is fully meeting the cash window needs of small mortgage lenders; and (G) whether the Small Lender Mutual is adequately capitalized to meet the needs of members of the Small Lender Mutual and protect the Mortgage Insurance Fund. (g) Eligibility thresholds Beginning on the date on which the Corporation submits the report required under subsection (f), the Corporation may adjust the eligibility thresholds established in subparagraphs (A) and (B) of subsection (e)(1) if the Corporation, in consultation with the mutual board of a small lender mutual, determines that— (1) the thresholds do not facilitate the purposes of the small lender mutual as described in subsection (b); (2) the thresholds restrict small multifamily lenders’ participation in the small lender mutual; (3) the thresholds do not foster competition in the secondary mortgage market; or (4) the thresholds pose a risk to the Mortgage Insurance Fund. (h) Reassessment Beginning on the date on which the Corporation submits the report required under subsection (f), the Corporation shall, on an annual basis, reassess the Small Lender Mutual’s eligibility thresholds. (i) Platform membership Each small lender mutual shall be a member of the Securitization Platform. (j) Funding authority (1) Authority to establish membership fees The mutual board of each small lender mutual shall charge and collect fees from its member participants— (A) for membership in the small lender mutual; and (B) to cover the costs of— (i) in the case of the Small Lender Mutual established under subsection (a)(1)— (I) the purchase of any function, activity, infrastructure, property, including intellectual property, technology, or any other object or service from an enterprise pursuant to subsection (c); (II) any initial capital for the establishment of a cash window; and (III) the repayment of amounts required under subsection (c)(4)(C), provided that any fee charged to cover such repayment amounts is applicable only to those member participants identified and approved after the establishment date of the Small Lender Mutual and before the repayment date established under subsection (c)(4)(C)(ii); and (ii) the continued operation of the small lender mutual, including to build capital reserves and to manage risks. (2) Equitable compensation of certain member participants of Small Lender Mutual The mutual board of the Small Lender Mutual established under subsection (a)(1) may, in addition to any fee required under paragraph (1), charge and collect a fee from member participants identified and approved after the repayment date established under subsection (c)(4)(C)(ii) to compensate member participants identified and approved prior to such repayment date for the share of the fees paid by such member participants to cover the cost of repayment amounts pursuant to paragraph (1)(B)(i)(III). (3) Authority to increase or decrease fees The mutual board of each small lender mutual may, in its discretion and upon consultation with the Corporation, increase or decrease any fee authorized under paragraph (1). (4) Provision of fee schedule to FMIC The mutual board of each small lender mutual shall, on an annual basis and upon any increase or decrease of any fee authorized under paragraph (1), provide the Corporation with a schedule of the fees charged by the small lender mutual to its member participants. (5) Limitation The fees authorized under paragraph (1)— (A) shall be equitably assessed; and (B) shall not discriminate against originators of eligible mortgage loans or any entity that aggregates eligible mortgage loans on the basis of size, composition, business line, or loan volume. (6) Authority to reduce fees (A) In general If a small lender mutual, in consultation with the Corporation, determines that any fee or fees authorized under this subsection are prohibitive or discriminatory, the small lender mutual may, in the interest of building the membership of the small lender mutual, lower any such fee or fees. (B) Reasonableness and considerations Each small lender mutual shall, in consultation with the Corporation, set reasonable criteria for any determination authorized under subparagraph (A). The criteria required to be set forth under this subparagraph shall consider the potential impact on the financial safety and soundness of the small lender mutual. (k) Governance (1) Recognition of important role of smaller institutions The mutual board of each small lender mutual, in consultation with the Corporation, shall take all reasonable steps necessary to establish governance provisions that reflect the important role in the mortgage market played by the member participants of small lender mutuals. (2) Mutual board (A) In general The management of each small lender mutual shall be vested in a board of 15 directors (in this section referred to as the mutual board (B) Appointment of mutual board of Small Lender Mutual (i) Initial appointment The Corporation shall make initial appointments of the members of the mutual board for the Small Lender Mutual established under subsection (a)(1). Each such initial appointment shall be for a term of 1 year. (ii) Appointments Upon expiration of the 1-year period set forth under clause (i), the member participants of the Small Lender Mutual established under subsection (a)(1) shall elect the members of the mutual board of the Small Lender Mutual from within the membership of the Small Lender Mutual. (C) Independent directors The mutual board of each small lender mutual shall have at least 1 independent director to serve the public interest. The independent director required under this subparagraph shall have a history of representing consumer or community interests on banking services, credit needs, housing, or financial consumer protections. (D) Representation on Board No more than 1/3 (3) Representation to the Platform The mutual board of the Small Lender Mutual shall select, on a rotating basis from representative of its directors, an individual to serve as a Platform Director under section 322. (4) Representation of multiple small lender mutuals If more than 1 small lender mutual is approved under this section, each small lender mutual shall rotate the representation position under section 322. (5) No preferences for size Member participants of each small lender mutual shall have equal voting rights on any matters before the small lender mutual of which it is a member, regardless of the size of the individual member participant. (6) Rule of construction For purposes of this subsection, a member participant and its subsidiaries, joint offices, and affiliates shall be treated as a single entity and shall be entitled to cast a single vote on any matters before the small lender mutual of which it is a member. (l) Approval of member participants (1) In general Each mutual board established under subsection (k) shall develop standards and procedures to approve the application of member participants in the small lender mutual. (2) Content of standards The standards required under paragraph (1) shall include standards relating to the— (A) prospective members’ compliance history with Federal and State law; (B) safety and soundness of prospective member participants; and (C) mortgage underwriting practices of the prospective member. (3) Coordination with other regulators (A) Consultation In approving any prospective member to become a member participant in a small lender mutual, the mutual board of that small lender mutual may consult and share information with— (i) the appropriate Federal banking agency and State regulator of the prospective member; or (ii) the Bureau of Consumer Financial Protection, if the Bureau of Consumer Financial Protection has supervisory authority over the prospective member. (B) Privilege preserved Information shared pursuant to subparagraph (A) shall not be construed as waiving, destroying, or otherwise affecting any privilege or confidential status that a prospective member may claim with respect to such information under Federal or State law as to any person or entity other than the board of directors or its appropriate Federal banking agency. (C) Rule of construction No provision of this subsection may be construed as implying or establishing that— (i) any prospective member waives any privilege applicable to information that is shared or transferred under any circumstance to which this subsection does not apply; or (ii) any prospective would waive any privilege applicable to any information by submitting the information directly to its primary Federal or State regulator, but for this subsection. (4) Streamlining for existing lenders approved by the enterprises Each mutual board established under subsection (k) shall develop streamlined membership standards and procedures for any lender who was approved to sell mortgage loans to an enterprise on the date that is 1 day before the date of enactment of this Act, and was in good standing as of such date. (m) Cash window (1) Requirement for small lender mutuals Each small lender mutual shall have the ability to operate a cash window for the purchase of individual eligible single-family mortgage loans. (2) Standards to ensure safety and soundness To ensure the safety and soundness of each small lender mutual, the Corporation shall establish standards for the regulation, supervision, and operation of each cash window required under paragraph (1). (3) Licensing of cash window technology The Federal Housing Finance Agency may, consistent with the public interest and for the maintenance of fair competition among entities providing cash window services, provide, through a licensing agreement or other agreement, access to any technology or platform relating to a cash window transferred under paragraph (3) of subsection (c). (n) Recognition of distinction between small lender mutual companies and other aggregators Prior to promulgating any regulation or taking any other formal or informal action of general applicability, including the issuance of an advisory document or examination guidance, the Corporation shall consider the differences between small lender mutuals and other approved aggregators with respect to— (1) the cooperative ownership structure of small lender mutuals; (2) the purposes of small lender mutuals as set forth in subsection (b); (3) the capital structure of small lender mutuals; and (4) any other differences that the Corporation considers appropriate. (o) Coordination of servicer approval Each mutual board established under subsection (k) may coordinate with the Corporation to facilitate the application process for its member participants to become approved servicers of the Corporation pursuant to section 314. (p) Multifamily study Not later than 1 year after the agency transfer date, the Corporation shall conduct and complete a study to determine— (1) the access needs of small multifamily mortgage lenders to the secondary multifamily mortgage market; and (2) whether the Small Lender Mutual established under subsection (a)(1) can meet the access needs of small multifamily mortgage lenders. (q) Prohibited activities A small lender mutual may not guarantee any mortgage loans or mortgage-backed securities. 316. Supervisory actions related to capital and solvency (a) Capital classifications (1) Establishment The Corporation shall establish, by regulation, capital classifications regarding the levels of capital maintained by each type of covered entity. (2) Classes In carrying out the requirement under paragraph (1), the Corporation shall classify covered entities according to the following capital classifications: (A) Well capitalized A covered entity shall be classified as well capitalized if the entity meets or exceeds all of the capital and solvency standards required under section 309(b). (B) Adequately capitalized A covered entity shall be classified as adequately capitalized if the entity meets or exceeds some, but not all, of the capital and solvency standards required under section 309(b). (C) Undercapitalized A covered entity shall be classified as undercapitalized if the entity fails to meet any of the capital and solvency standards required under section 309(b). (D) Significantly undercapitalized A covered entity shall be classified as significantly undercapitalized if the entity is significantly below any of the capital and solvency standards required under section 309(b). (E) Critically undercapitalized A covered entity shall be classified as critically undercapitalized if the entity is critically below any of the capital and solvency standards required under section 309(b). (3) Discretionary classification (A) Grounds for reclassification The Corporation may reclassify the capital classification of a covered entity if— (i) at any time, the Corporation determines, in writing, that the covered entity is engaging in conduct that could result in a rapid depletion of capital held by the covered entity; (ii) after notice and an opportunity for hearing, the Corporation determines that the covered entity is in an unsafe or unsound condition; (iii) pursuant to the requirements of this title, the Corporation deems the covered entity to be engaging in an unsafe or unsound practice; (iv) the covered entity does not submit a capital restoration plan within the applicable time period that is substantially in compliance with regulations for such plans adopted by the Corporation; (v) the Corporation does not approve the capital restoration plan submitted by the covered entity; or (vi) the Corporation determines that the covered entity has failed to comply with the capital restoration plan and fulfill the schedule for the plan approved by the Corporation in any material respect. (B) Reclassification In addition to any other action authorized under this title, including the reclassification of a covered entity for any reason not specified in this subsection, if the Corporation takes any action described in subparagraph (A), the Corporation may classify a covered entity as appropriate. (4) Restriction on capital distributions (A) In general A covered entity shall make no capital distribution if, after making the distribution, the covered entity would be classified as anything other than well capitalized or adequately capitalized. (B) Exception Notwithstanding subparagraph (A), the Corporation may permit a covered entity, to the extent appropriate or applicable, to repurchase, redeem, retire, or otherwise acquire shares or ownership interests if the repurchase, redemption, retirement, or other acquisition— (i) is made in connection with the issuance of additional shares or obligations of the covered entity in at least an equivalent amount; (ii) will reduce the financial obligations of the covered entity or otherwise improve the financial condition of the covered entity; (iii) will enhance the ability of the covered entity to promptly meet the minimum capital level for the covered entity; (iv) contributes to the long-term financial safety and soundness of the covered entity; or (v) furthers the public interest. (b) Adequately capitalized If a covered entity is classified as adequately capitalized: (1) Mandatory capital restoration plan The Corporation shall require the covered entity to— (A) submit to the Corporation a capital restoration plan; and (B) implement the plan after approval. (2) Discretionary safeguards The Corporation may take, with respect to an adequately capitalized covered entity, any of the actions authorized to be taken under subsection (c) with respect to an undercapitalized covered entity, if the Corporation determines that such actions are necessary to carry out the purposes of this subtitle. (c) Undercapitalized If a covered entity is classified as undercapitalized: (1) Mandatory capital restoration plan The Corporation shall require the covered entity to— (A) submit to the Corporation a capital restoration plan; and (B) implement the plan after approval. (2) Restriction on asset growth An undercapitalized covered entity shall not permit its average total assets during any calendar quarter to exceed its average total assets during the preceding calendar quarter, unless— (A) the Corporation has accepted the capital restoration plan of the covered entity; (B) any increase in total assets is consistent with the capital restoration plan; and (C) the ratio of capital to total assets of the covered entity increases during the calendar quarter at a rate sufficient to enable the covered entity to become adequately capitalized within a reasonable time. (3) Prior approval of acquisitions and new activities An undercapitalized covered entity shall not, directly or indirectly, acquire any interest in any entity or engage in a new activity, unless— (A) the Corporation has accepted the capital restoration plan of the covered entity, the covered entity is implementing the plan, and the Corporation determines that the proposed action is consistent with and will further the achievement of the plan; or (B) the Corporation determines that the proposed action will further the purpose of this section. (4) Required monitoring The Corporation shall— (A) closely monitor the condition of any undercapitalized covered entity; (B) closely monitor compliance with the capital restoration plan, restrictions, and requirements imposed on an undercapitalized covered entity under this section; and (C) periodically review the capital restoration plan, restrictions, and requirements applicable to an undercapitalized covered entity to determine whether the plan, restrictions, and requirements are achieving the purpose of this section. (5) Discretionary safeguards The Corporation may take, with respect to an undercapitalized covered entity, any of the actions authorized to be taken under subsection (d) with respect to a significantly undercapitalized covered entity, if the Corporation determines that such actions are necessary to carry out the purpose of this subtitle. (d) Significantly undercapitalized If a covered entity is classified as significantly undercapitalized: (1) Mandatory capital restoration plan The Corporation shall require the covered entity to— (A) submit to the Corporation a capital restoration plan; and (B) implement the plan after approval. (2) Discretionary supervisory actions for significantly undercapitalized covered entities In addition to any other actions taken by the Corporation, the Corporation may, at any time, take any of the following actions with respect to a covered entity that is classified as significantly undercapitalized: (A) Limitation on obligations Limit any increase in, or order the reduction of, any obligations of the covered entity, including off-balance sheet obligations. (B) Limitation on growth Limit or prohibit the growth of the assets of the covered entity, or require reduction of the assets of the covered entity. (C) Acquisition of new capital Require the covered entity to raise new capital in a form and amount determined by the Corporation. (D) Restriction on activities Require the covered entity to terminate, reduce, or modify any activity that creates excessive risk to the covered entity, as determined by the Corporation. (E) Improvement of management Take 1 or more of the following actions: (i) New election of Board Order or hold a new election for the board of directors of the covered entity. (ii) Dismissal of directors or executive officers Require the covered entity to dismiss from office any director or executive officer who had held office for more than 180 days immediately before the date on which the covered entity became undercapitalized. (iii) Employ qualified executive officers Require the covered entity to employ qualified executive officers (who, if the Corporation so specifies, shall be subject to approval by the Corporation). (e) Critically undercapitalized (1) Regulated entity The Corporation shall have the authority to resolve a critically undercapitalized regulated entity pursuant to section 1367 of the Safety and Soundness Act ( 12 U.S.C. 4617 (2) Covered entity The Corporation shall have the authority to resolve a covered entity that is classified as failing or critically undercapitalized pursuant to the resolution authority granted to the Corporation under section 311(h), section 312(h), section 313(g), and section 703(i), as applicable. 317. Ownership, acquisitions, and operations of covered entities (a) Ownership and acquisitions of covered entities It shall be unlawful, except with the prior approval of the Corporation, for any person to— (1) directly or indirectly own, control, or have power to vote 10 percent of any class of voting shares of any covered entity (except to the extent that voting stock is required to be purchased by Federal statute as a condition to participate in the programs of the covered entity); (2) control in any manner the election of a majority of the directors or trustees of any covered entity; (3) exercise a controlling influence over the management or policies of any covered entity; (4) merge or consolidate with any covered entity; or (5) divest a covered entity, or any substantial line of business of a covered entity, into any surviving entity. (b) Application and approval process (1) In general The Corporation shall establish, by regulation, an application, in such form and manner and requiring such information as the Corporation may require, for the approval of acquisitions, mergers, consolidations, or divestitures under subsection (a). (2) Application review The Corporation shall— (A) establish internal timelines for its processing of applications under this section, including timelines for any action to approve or to deny an application under this section; and (B) notify any applicant seeking to undertake an action described under subsection (a) of the decision of the Corporation to approve or to deny their application as promptly as practicable. (c) Standards for approval of application The Corporation shall establish, by regulation, standards for the approval by the Corporation of acquisitions, mergers, consolidations, or divestitures under subsection (a). The standards required under this subsection shall, at a minimum, be based on— (1) the application process established by the Corporation under subsection (b)(1); (2) the financial history and condition of the applicant; (3) the capability of the management of the applicant; (4) the general character and fitness of the officers and directors of the applicant, including the compliance history of the applicant’s officers and directors with Federal and State laws and the rules and regulations promulgated by self-regulatory organizations (as defined in section 3(a)(26) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a)(26) (5) the risk presented by such acquisition, merger, consolidation, or divestiture to the Mortgage Insurance Fund; (6) any other standard the Corporation determines necessary to promote competition and mitigate market dislocations among covered entities in the secondary mortgage market; and (7) any other standard the Corporation determines necessary or appropriate. (d) Approval The Corporation— (1) may approve any application made pursuant to this section if the applicant meets the standards established under subsection (c); (2) may not approve— (A) any application under this section which would result in a monopoly; or (B) any other proposed acquisition or merger or consolidation under this section whose effect in any area of the United States may be substantially to lessen competition, or to tend to create a monopoly, or which in any other manner would be in restraint of trade, unless the Corporation finds that the anticompetitive effects of the proposed transaction are clearly outweighed in the public interest by the probable effect of the transaction in meeting the needs of consumers and the communities served; and (3) shall have the authority to deny any application made pursuant to paragraph (1) if an officer or director of the applicant has, at any time prior to the date of the approval of such application, been— (A) subject to a statutory disqualification pursuant to section 3(a)(39) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a)(39) (B) suspended, removed, or prohibited from participation pursuant to section 8(g) of the Federal Deposit Insurance Act ( 12 U.S.C. 1818(g) 12 U.S.C. 1818(e) 12 U.S.C. 1818(u)(1) 12 U.S.C. 1818 (e) Restrictions on engaging in other lines of business (1) For approved guarantors and approved multifamily guarantors An approved guarantor or approved multifamily guarantor may not engage in any activity relating to the business of insurance, other than any activity carried out by an approved guarantor or approved multifamily guarantor and approved by the Corporation pursuant to sections 311 or 703. (2) Other activities An approved guarantor or approved multifamily guarantor may engage in any business activity unrelated to the business of insurance, subject to— (A) the prior approval of the Corporation; and (B) any terms and conditions set forth by the Corporation. (3) Rule of construction Nothing in paragraph (1) or (2) shall be construed to prevent an approved guarantor from being an affiliate of a private mortgage insurer if approved by the Corporation. (f) Limits on support or guarantee arrangement (1) In general An approved guarantor or approved multifamily guarantor may not enter into any agreement, covenant, or other arrangement (including any credit risk-sharing arrangement) with an affiliate or other person to support, guarantee, or finance any operation or activity of that affiliate. (2) Support Subject to any terms and conditions established by the Corporation, by regulation or order, an approved guarantor or approved multifamily guarantor may enter into an agreement, covenant, or other arrangement with an affiliate solely for the purpose of supporting, guaranteeing, or financing an operation or activity of the approved guarantor or approved multifamily guarantor. (3) Rule of construction Nothing in this section shall supersede the requirements under sections 23A and 23B of the Federal Reserve Act ( 12 U.S.C. 371c (g) Anti-steering requirement (1) In general The Corporation shall, by regulation, prohibit discounts made by an approved guarantor for any mortgage originator that is an investor, or an affiliate of an investor, in the approved guarantor that are not otherwise available to other similar mortgage originators. (2) Report The Office of the Inspector General of the Federal Mortgage Insurance Corporation shall, on an annual basis, submit a report to the Corporation and to Congress on the practices and internal controls of approved guarantors with respect to steering or preferential treatment for their investors prohibited by this section. C Securitization Platform and Transparency in Market Operations I Securitization Platform 321. Establishment of the Securitization Platform (a) In general The Corporation shall establish an entity known as the Securitization Platform Platform (1) a nonprofit cooperative; or (2) a cooperative entity other than as described under paragraph (1) that— (A) best achieves the purposes and obligations of the Platform under section 325; and (B) serves the public interest. (b) Regulated by the Corporation The Platform shall be regulated and supervised by the Corporation. (c) Incorporation (1) Non Federal status The Platform shall not be an agency or instrumentality of the Federal Government. (2) Discretion as to legal form The Corporation shall determine the legal form of incorporation of the Platform. (3) Situs of incorporation The Corporation shall— (A) determine in which of the several States to incorporate the Platform; and (B) have the authority to amend the State of incorporation to best effectuate the purposes and obligations of this part and other provisions of this Act. (4) Timing of incorporation Not later than 1 year after the agency transfer date, the Corporation shall file and submit the necessary documents to incorporate the Platform in the State determined under paragraph (3)(A). (d) Funding by the Corporation and transfer of property (1) Transfer of funds from the Corporation At a time established by the Corporation, the Corporation shall transfer to the Platform such funds as the Corporation, in consultation with the Platform Directors, determines may be reasonably necessary for the Platform to begin carrying out the activities and operations of the Platform. (2) Transfer of property (A) In general Consistent with title VI, the Federal Housing Finance Agency, in consultation with the Corporation and, as appropriate, the enterprises, may direct the enterprises to transfer or sell to the Platform any property, including but not limited to, intellectual property, technology, systems, and infrastructure (including technology, systems, and infrastructure developed by the enterprises for the CSP), as well as any other legacy systems, infrastructure, and processes that may be necessary for the Platform to carry out the functions and operations of the Platform. (B) Contractual and other legal obligations As may be necessary for the Corporation, the Federal Housing Finance Agency, and the enterprises to comply with legal, contractual, or other obligations, the Federal Housing Finance Agency shall have the authority to require that any transfer authorized pursuant to subparagraph (A) occurs as an exchange for value, including through the provision of appropriate compensation to the enterprises (including as provided in subparagraphs (C) and (D)), or other entities responsible for creating, or contracting with, the CSP. (C) Maximum return to senior preferred shareholders of the enterprises The transfer or sale of property to the Platform under this paragraph shall, as appropriate, be managed by the Federal Housing Finance Agency to obtain resolutions that maximize the return for the senior preferred shareholders of the enterprises to the extent that such resolutions— (i) are consistent with facilitating— (I) a deep, liquid, and resilient secondary mortgage market for single-family and multifamily mortgage-backed securities to support access to mortgage credit in the primary mortgage market; and (II) an orderly transition from housing finance markets facilitated by the enterprises to housing finance markets facilitated by the Corporation with minimum disruption in the availability of loan credit; (ii) are consistent with applicable Federal and State law; (iii) comply with the requirements of this Act and the amendments made by this Act; and (iv) protect the taxpayer from having to absorb losses incurred in the secondary mortgage market. (D) Required determinations for sale of assets to the Platform The Federal Housing Finance Agency may not require the enterprises to make a sale to the Platform under subparagraph (A) that involves the disposition of the property or assets of the enterprises unless the Federal Housing Finance Agency determines that the sale— (i) is consistent with an orderly transition from housing finance markets facilitated by the enterprises to efficient housing finance markets facilitated by the Corporation with minimum disruption in the availability of loan credit; (ii) does not impede or otherwise interfere with the ability of the Federal Housing Finance Agency or the Corporation to carry out the functions and requirements of this Act; (iii) does not transfer, convey, or authorize any guarantee or Federal support, assistance, or backing, implicit or explicit, related to any such property or assets being sold; and (iv) will maximize the return for the senior preferred shareholders as required under subparagraph (C). (e) Platform operability The Corporation shall establish sufficient redundancies in the Platform so that in the event of operational disruption of the Platform, there is sufficient back-up capacity to— (1) process payments on existing securities issued through the Platform; and (2) structure, form, and issue new securities through the Platform. (f) Use by other entities in exigent circumstance (1) In general On and after the system certification date, if the Corporation determines that operational or other problems with the Platform do not permit the Platform to operate in a manner that allows the Platform to achieve the purposes and obligations of the Platform under section 325, the Corporation shall have the authority to permit the Platform Directors to use entities other than the Platform to perform the issuance functions required to be performed through the Platform and that are necessary for the proper functioning of the secondary mortgage market. (2) Rule of construction Any entity permitted to perform issuance functions that would ordinarily be expected to be performed by the Platform under paragraph (1) shall be regulated and supervised, as appropriate, by the Corporation as if such entity were the Platform itself. 322. Management of the Platform (a) Platform Directors (1) Authority of the Board (A) In general The Platform Directors shall have all the powers necessary to carry out the purposes, powers, and functions of the Platform, and in the exercise of such purposes, powers, and functions, and upon approval of the Corporation, shall adopt such rules and guidance and issue such orders as the Platform Directors deem necessary and appropriate. (B) Conflicts of interest The Platform Directors shall develop policies and procedures to monitor and mitigate potential conflicts of interest in carrying out the purposes, powers, and functions of the Platform. (2) Initial Board (A) Composition The initial Platform Directors shall be comprised of 5 directors, each of whom shall be appointed by the Board of Directors but none of whom shall be a member of the Board of Directors. (B) Timing of appointment of initial Platform Directors The initial Platform Directors shall be appointed pursuant to subparagraph (A) not later than 180 days after the later of— (i) the filing of the necessary documents to incorporate the Platform as required under section 321(c); or (ii) the approval of the incorporation of the Platform by the relevant State. (C) Term (i) In general Each initial Platform Director appointed pursuant to subparagraph (A) shall serve for a term of 1 year. (ii) Authority to extend term The Board of Directors may— (I) in its discretion, extend for an additional year the term of each initial Platform Director appointed pursuant to subparagraph (A); and (II) upon a determination by the Corporation that the Platform membership does not reflect the diversity or variety of market participants required to conduct the election of the Platform Directors under paragraph (3), extend for an additional 2 years the term of each initial Platform Director appointed pursuant to subparagraph (A). (D) Purpose of the initial Platform Directors The initial Platform Directors shall— (i) draft and enact initial bylaws and other governance documents for the operation of the Platform, including policies and procedures pursuant to paragraph (1)(B); (ii) establish criteria for membership in the Platform consistent with the requirements of section 323; (iii) establish any necessary initial fee structures or usage fee structures under section 324; and (iv) organize and conduct the election of the Platform Directors from the Platform members as required by paragraph (3). (3) Elected Board (A) Required election; timing of election Upon the expiration of the term of the members of the initial Platform Directors, the members of the Platform shall, in accordance with subparagraphs (B) through (F), elect new Platform Directors. (B) Composition (i) Diversity The Platform Directors elected pursuant to this paragraph shall reflect the diverse range of Platform members, including large, mid-size, and small business members. (ii) Members (I) In general The Platform Directors elected pursuant to this paragraph shall be comprised of 9 directors as follows: (aa) 8 member directors, including— (AA) 7 member directors who shall be elected from among representatives of the members in the Platform, at least 1 of whom shall represent the interests of small mortgage lenders; and (BB) 1 member director who shall be a representative of a small lender mutual, as established under section 315(k). (bb) 1 independent director. (II) Independent director The independent director elected pursuant to this paragraph— (aa) shall not be an affiliate of any member in the Platform; and (bb) shall have demonstrated knowledge of, or experience in, financial management, financial services, risk management, information technology, or housing finance, which may include affordable housing finance. (C) Chairperson The Chairperson of the Platform Directors shall be elected from among the Platform Directors elected under this paragraph. (D) Term (i) In general Each Platform Director elected under this paragraph shall serve for a term of 2 years. (ii) Staggered terms Notwithstanding clause (i)— (I) the first elected chairperson of the Platform Directors shall be elected to serve for a term of 2 years; and (II) of the first 8 other Platform Directors not elected to serve as chairperson: (aa) 4 shall be elected to serve for a term of 2 years. (bb) 4 shall be elected to serve an initial term of 1 year. (E) Equal votes Platform Directors shall have equal voting rights on any matters before the Platform Directors. (F) Nomination and election procedures Procedures for the nomination and election of Platform Directors shall be prescribed by the bylaws adopted by the Platform Directors in a manner consistent with the purposes and provisions of this part. (G) Restructuring of Platform Directors The Platform Directors elected under this paragraph, with approval from the Corporation, may choose to restructure or reorganize the Platform Directors in a manner different than what is specified under this paragraph following a determination by the Platform Directors and the Corporation that a different Platform board structure or Platform board composition would better achieve the purposes and obligations of this Act, or better serve the owners of the Platform in a manner consistent with the public interest. (b) Executive officers The Platform Directors shall appoint a chief executive officer, chief financial officer, comptroller, chief regulatory officer, and any other officers as the Platform Directors deem necessary to carry out the management and administration of the functions and operations of the Platform. 323. Membership in the Platform (a) Application (1) In general A person seeking to become a member in the Platform, or to be reinstated as a member in the Platform, shall file an application with the Platform Directors. (2) Standards Consistent with achieving a broad membership that includes small mortgage lenders, as well as large, mid-size, and small business members, the Platform Directors shall develop procedures and standards for— (A) the application of persons seeking to become members in the Platform; and (B) the approval of applicants for membership in the Platform. (3) Additional standards for approved entities The standards for the approval by the Platform Directors of an approved entity as a member in the Platform shall be consistent with and supplement any standards, requirements, and obligations applicable to the approved entity under subtitle B of this title, or any other provision of this Act. (b) Members The Platform Directors may approve as a member of the Platform any person that applies for membership in the Platform pursuant to subsection (a) that is— (1) a mortgage aggregator; (2) a mortgage guarantor; (3) a mortgage originator; (4) a Federal Home Loan Bank or a subsidiary or joint office approved under section 312 of one or more Federal Home Loan Banks; (5) a small lender mutual established or approved under section 315; or (6) any other market participant, provided that in the sole determination of the Platform Directors, having such market participant as a member of the Platform is necessary or helpful to fulfilling the purposes and obligations of the Platform under section 325. (c) Termination The Platform Directors may terminate membership in the Platform of any member for failure to adhere to any standards established by the Platform Directors. 324. Fees (a) In general The Platform Directors may assess and collect fees, and may, in their discretion, increase or decrease such fees, from the members in the Platform— (1) for initial membership in the Platform, consistent with the requirements of subsection (b); (2) to maintain ongoing membership in the Platform; (3) for use of the Platform, consistent with the requirements of subsection (c); and (4) to cover the ongoing costs of the functions and operations of the Platform, including— (A) the purchase of property, technology, and systems developed by either enterprise or others; (B) to develop and invest in new technology; (C) to build a capital base that would be able to offset, or otherwise mitigate, losses that might occur due to the potential operational failure of the Platform; and (D) to conduct any other activities approved by the Platform Directors. (b) Initial fee Upon approval of its application to become a member in the Platform, each new approved member shall pay to the Platform a fee in an amount to be determined by the Platform Directors, provided that such fee amount is consistent with obtaining a broad membership in the Platform that includes small mortgage lenders, as well as large, mid-size, and small business members. (c) Usage fees (1) Establishment Each member in the Platform shall pay usage fees, as such fees are determined by the Platform Directors. (2) Review of fees The Platform Directors shall, not less than annually, review the fee structure established under this subsection and submit any resulting recommendations to amend the fee structure to the Corporation. (3) Assessment and measurement (A) In general Except as otherwise provided under subparagraphs (B) and (C), usage fees charged and collected under this subsection shall be equitably assessed and based upon the member’s use of the services offered by the Platform, as such use is to be measured by the total principal balance of the mortgage loans or mortgage-backed securities securitized for the member through the Platform. (B) Tiered fee options If the Platform Directors determine that certain entities face a barrier to use the Platform, the Platform Directors may adopt a tiered usage fee structure to promote greater access and a more competitive market for the Platform that may include differential fee structures for usage fee charges incurred by housing finance agencies, small mortgage lenders, Community Development Financial Institutions, mission-based nonprofit lenders, community land trusts, permanently affordable homeownership programs, or other organizations selected by the Corporation. (C) Tiered fee option for covered and noncovered securities The Platform Directors may adopt a tiered usage fee structure under this subsection that may include differential fee structures for usage fee charges for the issuance of noncovered securities that differ from the usage fees charged for the issuance of covered securities. (4) Payment Usage fees charged under this subsection shall be paid by the member at the time the mortgage loans or mortgage-backed securities are delivered by the member to the Platform. (d) Corporation review of initial fees and usage fees (1) In general The Platform Directors shall submit any fee structure proposal for initial fees or usage fees under subsection (b) or (c) to the Corporation. The Corporation shall approve any initial fee or usage fee structure proposed by the Platform Directors unless the Corporation determines that the fee structure is not consistent with— (A) facilitating, a deep, liquid, and resilient secondary mortgage market for mortgage-backed securities; and (B) the purposes and obligations of the Platform under section 325. (2) Automatic establishment of fees absent Corporation disapproval If the Corporation does not issue an order of disapproval of an initial fee or usage fee structure proposed by the Platform Directors within 60 days following the submission of the proposed initial fee or usage fee structure to the Corporation, the proposed initial fee or usage fee structure shall automatically go into effect for the Platform and its members. (3) Impact of Corporation disapproval If the Corporation disapproves an initial fee or usage fee structure proposed by the Platform Directors pursuant to this subsection, the Platform Directors may— (A) submit to the Corporation a revised fee or usage fee structure for approval; or (B) if applicable, use the existing approved fee or usage fee structure. 325. Purposes and obligations of the Platform (a) Purpose The purposes of the Platform established under section 321 are to— (1) purchase and receive from its members eligible mortgage loans or securities collateralized by eligible mortgage loans for securitization by issuers as covered securities; (2) issue through the Platform to its members standardized covered securities, or other covered securities, insured by the Corporation pursuant to this Act; (3) purchase and receive from its members noneligible mortgage loans or securities not collateralized by eligible mortgage loans for securitization as noncovered securities, to the extent desired or requested by its members; and (4) issue to its members standardized noncovered securities, or other noncovered securities, that are not insured by the Corporation pursuant to this Act, to the extent desired or requested by its members. (b) Powers and functions The powers and functions of the Platform are to— (1) develop the ability to issue, and to issue, standardized covered securities, insured by the Corporation pursuant to this Act, in accordance with subsection (e); (2) develop, adopt, and publish standardized securitization documents and agreements (including, but not limited to, uniform pooling, trust, and custodial agreements)— (A) required for all covered securities issued by or through the Platform in accordance with section 326(a) (and which shall be made optional for all noncovered securities issued through the Platform); and (B) which— (i) shall be drafted in consultation with the Corporation, the Bureau of Consumer Financial Protection, the Department of Housing and Urban Development, and such other Federal regulatory agencies as the Platform Directors determine appropriate; (ii) may rely upon existing documentation and forms required by the enterprises or other Federal regulatory agencies, to the extent determined by the Platform Directors to be practical or appropriate; and (iii) before being issued through the Platform, shall be approved by the Corporation as being consistent with— (I) the requirements under section 326(a); and (II) facilitating a deep, liquid, and resilient secondary mortgage market for mortgage-backed securities; (3) develop standardized documents approved by the Corporation for servicing and loss mitigation standards pursuant to section 314 for eligible mortgage loans that collateralize the covered securities issued through the Platform to its members, which shall be based on standards set by the Corporation and which may rely upon existing documentation and forms required by the enterprises or other Federal or State regulatory agencies, to the extent determined by the Platform Directors to be practical or appropriate; (4) as expressly provided in section 326(b)(2)(F), develop, adopt, and publish the required contractual terms for contracts for noncovered securities issued through the Platform, which shall be— (A) developed in consultation with the Corporation, the Bureau of Consumer Financial Protection, the Department of Housing and Urban Development, and such other Federal regulatory agencies as the Platform Directors determine appropriate; and (B) before being issued through the Platform, approved by the Corporation as being consistent with— (i) the requirements under section 326(b); and (ii) facilitating a deep, liquid, and resilient secondary mortgage market for mortgage-backed securities; (5) develop, adopt, and publish optional standardized securitization documents and agreements (including, but not limited to, uniform pooling, trust, and custodial agreements) tailored for noncovered securities issued through the Platform, and which may be used as desired or requested by the members of the Platform, in accordance with section 326(c), and which standardized securitization documents and agreements— (A) shall be drafted in consultation with the Corporation, the Bureau of Consumer Financial Protection, the Department of Housing and Urban Development, and such other Federal regulatory agencies as the Platform Directors determine appropriate; (B) may rely upon existing documentation and forms required by the enterprises or other Federal or State regulatory agencies, to the extent determined by the Platform Directors to be practical or appropriate; and (C) before being issued through the Platform, shall be approved by the Corporation as being consistent with— (i) the requirements under section 326(c); and (ii) facilitating a deep, liquid, and resilient secondary mortgage market for mortgage-backed securities; (6) the extent not otherwise provided in paragraphs (2), (3), and (5), to endeavor to use or rely upon existing documentation and forms required by the enterprises or other Federal or State regulatory agencies, to the extent determined by the Platform Directors to be practical or appropriate; (7) establish a strong business continuity plan that meets industry best practices and establish sufficient redundancies so that in the event of an operational failure of the Platform there is sufficient back-up capacity to process payments and issue covered and noncovered securities; (8) verify that the eligible mortgage loans and securities collateralized by eligible mortgage loans purchased and received by the Platform, including from any small lender mutual established or approved under section 315, for securitization as covered securities, meet the requirements for covered securities under this Act and any regulations adopted by the Corporation pursuant thereto; (9) verify that the noneligible mortgage loans and securities not collateralized by eligible mortgage loans purchased and received by the Platform, including from any small lender mutual established or approved under section 315, for securitization as noncovered securities, meet the requirements for noncovered securities under this Act and any regulations adopted by the Corporation pursuant thereto; (10) for the purpose of securitization, purchase or receive from members of the Platform— (A) eligible mortgage loans, pools of eligible mortgage loans, securities collateralized by eligible mortgage loans, or outstanding mortgage-backed securities issued by the enterprises for securitization as covered securities; and (B) noneligible mortgage loans, pools of noneligible mortgage loans, or securities collateralized by noneligible mortgage loans for securitization as noncovered securities, to the extent desired or requested by members of the Platform; (11) for the purpose of securitization, facilitate the issuance of— (A) all covered securities of members of the Platform that are collateralized by eligible mortgage loans, or outstanding mortgage-backed securities issued by the enterprises; (B) all covered securities of members of the Platform that are pooled from— (i) a single mortgage originator, mortgage aggregator, approved entity, or regulated entity; or (ii) multiple mortgage originators, mortgage aggregators, approved entities, or regulated entities; (C) noncovered securities collateralized by noneligible mortgage loans received from members of the Platform; and (D) noncovered securities collateralized by noneligible mortgage loans received from members of the Platform that are pooled from— (i) a single mortgage originator, mortgage aggregator, or regulated entity; or (ii) multiple mortgage originators, mortgage aggregators, or regulated entities; (12) perform bond administration, data validation, and reporting for all covered and noncovered securities issued through the Platform, including those issued on behalf of any small lender mutual established or approved under section 315; (13) facilitate systems to lower barriers to entry for new mortgage originators and approved entities or access to membership in the Platform; (14) provide essential functions necessary to issue standardized securities which may be compatible with the To-Be-Announced market, for covered securities and, if appropriate, noncovered securities; (15) manage operational and systems related risks associated with delivering covered and noncovered securities and receiving eligible and noneligible mortgage loans; (16) develop the capability to offer securitization services to private label issuers; (17) require the servicing documentation used for mortgage loans that collateralize securities issued through the Platform to provide a standard method (which may include the use of a single electronic verification system) for a mortgagor who has been denied a loan modification to verify such denial at no cost to the mortgagor; (18) facilitate the issuance of securitizations for multifamily loans, establish common documentation, or develop other requirements necessary to permit the Platform, or a subsidiary or affiliate thereof, to be used for multifamily loan securitizations if the Platform Directors issue a determination that it would be desirable and practical for the Platform, or a subsidiary or affiliate thereof, to be used to issue or otherwise facilitate multifamily loan securitizations; and (19) establish, not later than the system certification date, a Collateral Valuation Advisory Committee— (A) which shall be comprised of 9 members appointed by the Platform Directors, including representatives of appraisers, appraisal management companies, mortgage originators (including small mortgage lenders), investors, real estate professionals, homebuilding professionals, consumer advocates, as well as Federal and State appraisal regulatory organizations; (B) the purpose of which shall be to— (i) provide recommendations to the Platform and the Corporation regarding secondary mortgage market residential appraisal guidelines, standards, and reporting formats consistent with the Real Estate Settlement Procedures Act (12 U.S.C. 2603), the Truth in Lending Act ( 15 U.S.C. 1631 et seq. (ii) make recommendations regarding the continuation of a repository for valuation reports, taking into account existing operational structures and contractual arrangements; and (C) which, in fulfilling its purpose under this paragraph, shall, as appropriate, consult and coordinate with the Appraisal Subcommittee of the Federal Financial Institutions Examinations Council established under title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3331 et seq.). (c) Prohibited activities The Platform may not— (1) guarantee any mortgage loans or mortgage-backed securities; (2) assume or hold mortgage loan credit risk; (3) purchase any mortgage loans for cash on a single loan basis for the purpose of securitization; (4) undertake the issuance of any covered securities through the Platform unless the first loss position is already held by a private entity; (5) own or hold any mortgage loans or mortgage-backed securities for investment purposes; (6) make or be a party to any representation and warranty agreement on any mortgage loans; or (7) take lender representation and warranty risk. (d) Interoperability with multifamily loan securitization issuance The Platform shall be developed in a manner that may permit, and would not preclude, the Platform, or any subsidiary or affiliate thereof, to be used for the issuance of multifamily loan securitizations, provided that the development of this vehicle for multifamily loan securitizations does not delay the ability of the Platform to perform its obligations under this section with respect to single-family securities by the system certification date. (e) Timing of Platform capacity to develop and to issue standardized securities for the single-family covered securities Not later than 2 years following the election of the Platform Directors under section 322(a)(3), or as otherwise permitted under section 601, the Platform shall develop the Platform’s ability to issue, and issue, standardized securities for single-family covered securities. (f) Discretion for Platform Directors to issue standardized securities for single-family noncovered securities The Platform Directors may develop an ability for the Platform to issue standardized securities for single-family noncovered securities, if the Platform Directors determine that sufficient demand exists among the Platform members for the Platform to issue such a product. 326. Uniform securitization agreements for covered securities and required contractual terms for noncovered securities (a) Required uniform securitization agreements for covered securities issued through the Platform (1) In general The Platform Directors shall develop standard uniform securitization agreements for all covered securities to be issued through the Platform, as required pursuant to section 325(b)(2). (2) Required terms The standard uniform securitization agreements required to be developed under paragraph (1) shall include terms relating to— (A) pooling and servicing, including the development of uniform standards and practices consistent with the standards specified by the Corporation pursuant to section 314; (B) loss mitigation procedures consistent with those specified by the Corporation pursuant to section 314; (C) minimum representations and warranties; (D) indemnification and remedies, including for the restitution or indemnification of the Corporation with respect to early term delinquencies of eligible mortgage loans that collateralize a covered security; (E) the requirements of the indenture for mortgage-backed securities that are exempt from the Trust Indenture Act of 1939 ( 15 U.S.C. 77aaa et seq. (F) the qualification, responsibilities, and duties of trustees; and (G) any other terms or standards the Platform Directors, with approval of the Corporation, determine to be necessary or appropriate. (3) Defining representation and warranty violations In developing the uniform securitization agreements required under paragraph (1), the Platform Directors shall also develop, adopt, and publish, upon approval by the Corporation, clear and uniform standards that define and illustrate what actions, or omissions to act, comprise a violation of the representations and warranties clauses that are made a part of such agreements. (b) Required contractual terms for contracts for all noncovered securities issued through the Platform (1) In general All contracts for noncovered securities issued through the Platform shall include a set of required contractual terms relating to the obligations of the parties to each contract. (2) Required contractual terms The required contractual terms for agreements for all noncovered securities issued through the Platform shall provide the obligations of the parties to a contract including the following considerations: (A) Pooling and servicing. (B) Loss mitigation procedures. (C) Representations and warranties. (D) Indemnification and remedies. (E) The qualification, responsibilities, and duties of trustees, including, but not limited to, requirements set forth in the indenture or pooling and servicing agreement, or any applicable provisions of the Trust Indenture Act of 1939 ( 15 U.S.C. 77aaa et seq. (F) Other terms or standards the Platform Directors, with approval of the Corporation, determine to be necessary or appropriate to protect or facilitate the operation of the Platform. (3) Permissible adjustments Parties to contracts for noncovered securities described under this subsection may supplement the required contractual terms identified under paragraph (2) with any additional contractual terms so desired by the parties to contracts for noncovered securities issued through the Platform. (c) Optional uniform securitization agreements for noncovered securities issued through the Platform The Platform Directors may develop optional uniform securitization agreements for use by noncovered securities that are issued through the Platform that include standards and obligations that are different from those included in the uniform securitization agreements for covered securities as set forth in subsection (a), provided that— (1) the agreements include the required contractual terms required for noncovered securities that are issued through the Platform set forth in subsection (b); and (2) the Platform Directors determine that sufficient demand exists among the members of the Platform for the Platform to issue such optional uniform securitization agreements for use by noncovered securities. (d) Agreements for noncovered securities issued off the Platform Nothing in this section shall preclude, or require, noncovered securities that are not issued through the Platform from adopting the— (1) uniform securitization agreements for covered securities issued through the Platform developed under subsection (a); (2) optional uniform securitization agreements for noncovered securities issued through the Platform developed under subsection (c); or (3) required contractual terms for contracts for noncovered securities issued through the Platform developed under subsection (b). (e) Consultation required The Platform Directors shall consult with market participants, including servicers, originators, issuers, and mortgage investors, and community stakeholders and representatives of homeowners in developing— (1) the uniform securitization agreements pursuant to subsection (a); (2) the required contractual terms for contracts for noncovered securities issued through the Platform pursuant to subsection (b); and (3) the optional uniform securitization agreements for noncovered securities issued through the Platform pursuant to subsection (c). 327. Approval and standards for collateral risk managers (a) Standards for approval of collateral risk managers The Corporation shall develop, adopt, and publish standards for the use of collateral risk managers who may work with the Platform, as well as trustees and servicers of mortgage-backed securities to manage mortgage loan collateral, including standards with respect to— (1) tracking mortgage loan repurchases; (2) compliance with obligations under any applicable securitization documents; and (3) managing— (A) any disputes; and (B) the resolution process. (b) Additional required standards The standards required under subsection (a) shall include the review of foreclosure loss mitigation programs established under section 314 for approved servicers. II Transparency in market operations 331. Review of loan documents; disclosures (a) In general The Corporation, in consultation and coordination with the Securities and Exchange Commission, shall, by rule— (1) require market participants, as appropriate, to make available to private market investors in connection with the first loss position on a covered security, including through use of the Securitization Platform established under section 321, all— (A) documents relating to eligible mortgage loans collateralizing that covered security; and (B) servicing reports of the approved servicer relating to such eligible mortgage loans; (2) require market participants, as appropriate, to disclose to investors information that is substantially similar, to the extent practicable, to disclosures required of issuers of asset-backed securities under section 13(a) or 15(d) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m(a) (3) require that all disclosures must be made consistent with the antifraud provisions of the Federal securities laws; and (4) establish the timing, frequency, and manner in which such access and disclosures are made. (b) Access and disclosures In prescribing the rules required under subsection (a), the Corporation shall take into consideration— (1) the potential cost of such access and disclosures; (2) the effect of such access and disclosures on liquidity in the housing finance market; and (3) the interests of investors. (c) Privacy protections In prescribing the rules required under subsection (a), the Corporation shall take into consideration issues of consumer privacy and all statutes, rules, and regulations related to privacy of consumer credit information and personally identifiable information. Such rules shall expressly prohibit the identification of specific borrowers. 332. National mortgage database (a) Transfer Effective on the system certification date, there are transferred to the Corporation all functions of the Federal Housing Finance Agency of the Corporation relating to the rights, responsibilities, and obligations of the Federal Housing Finance Agency pursuant to the Inter-Agency Agreement (or any successor thereto) entered into by the Federal Housing Finance Agency and the Bureau of Consumer Financial Protection with respect to the development, construction, maintenance, operation, and funding of the National Mortgage Database. (b) Privacy In exercising authority under this section, the Corporation and the Bureau of Consumer Financial Protection shall— (1) take steps to ensure the privacy of consumers, including prohibiting the identification of specific borrowers; (2) minimize the collection and storage of personally identifiable information; and (3) consider all statutes, rules, and regulations relating to the privacy of consumer credit information and personally identifiable information. (c) Duplication The Chairperson and the Director of the Bureau of Consumer Financial Protection shall take all reasonable steps necessary to minimize conflicts and duplication of the data required under this section with data collected, published, or otherwise obtained by other Federal regulators, including the data disclosure system required under section 304(f) of the Home Mortgage Disclosure Act of 1975 ( 12 U.S.C. 2803(f) (d) Minimize burden on reporting entities If 2 or more entities are required by this section to report the same mortgage data relating to the same mortgage loan, the entities may, by agreement that is clearly communicated to the Corporation and the Bureau, determine that only 1 of such entities will report the data. If 1 of such entities reports the required mortgage data, it shall not be a violation of this section for the other entities not to report the data. (e) Access to data The Corporation and the Bureau of Consumer Financial Protection shall each establish, and cause to be published in the Federal Register, the initial date on which— (1) the public shall begin to have access to any data put into the public domain, in accordance with this section and in a manner that is easily accessible to the public; and (2) all mortgage data is required to be put into the public domain, in accordance with this section. 333. Working group on electronic registration of mortgage loans (a) Establishment Not later than 180 days after the agency transfer date, the Corporation shall establish a working group to study— (1) whether the establishment of a national electronic mortgage registry system is necessary; and (2) how to establish, operate, and maintain a national electronic mortgage registry system for single-family mortgage loans and multifamily mortgage loans. (b) Composition The working group established under subsection (a) shall be composed of the following: (1) The Chairperson or the Chairperson's designee. (2) The Director of the Bureau of Consumer Financial Protection or the Director's designee. (3) The Chairman of the Federal Deposit Insurance Corporation or the Chairman’s designee. (4) The Chairman of the Securities and Exchange Commission or the Chairman’s designee. (5) The Chairman of the Federal Reserve Board or the Chairman’s designee. (6) The Comptroller of the Currency or the Comptroller’s designee. (7) A representative from the Federal Home Loan Bank System. (8) A representative from a Federal Reserve Bank. (9) Individuals selected by the Chairperson from among the following: (A) State and local government agencies and representatives, including housing finance agencies and those with expertise in property records, electronic recording, and the Uniform Commercial Code. (B) The National Conference of Commissioners on Uniform State Laws (C) Industry groups, including single-family and multifamily mortgage originators, title insurers, servicers, issuers, and investors. (D) Consumer groups, including representatives of homeowners, community stakeholders, and housing organizations. (E) Individuals with technical expertise, including those with expertise in designing, constructing and maintaining mortgage databases. (c) Duties The duties of the working group established under subsection (a) are to assess and develop recommendations on the necessity for and feasibility of establishing, operating, and maintaining a national electronic mortgage registry system for single-family mortgage loans and multifamily mortgage loans to document custody and registration of mortgage loans, notes, titles, liens, deeds of trust, and other security instruments, in order to automate, centralize, standardize, and improve the tracking of changes in— (1) the ownership of mortgage loans, deeds of trust, and other security instruments; (2) the ownership of the beneficial interest in promissory notes secured by any mortgage loan, deed of trust, or other security instrument; (3) the servicing rights for any mortgage loan, deed of trust, or other security instrument; and (4) such other information as the Corporation may require. (d) Considerations In carrying out the duties under this section, the working group established under subsection (a) shall consider— (1) the cost to States and localities, including any impact on revenue generated by local recording of mortgage loan documents; (2) the feasibility of allowing States and localities to continue to collect fees and revenue; (3) the implications of data accuracy on judicial or non-judicial foreclosure; (4) the need to minimize conflicting mortgage loan registry requirements; (5) the need to provide consumers with access to key information about the ownership and servicing of their mortgage loans; (6) the need to provide data accuracy, security, and privacy; (7) existing State real property and commercial laws and any such laws in development, including an electronic mortgage registry law developed as a uniform State law proposal; (8) the costs and benefits of developing and maintaining a national mortgage registry system, including any potential impact on consumer mortgage credit and industry participants; (9) the feasibility of using existing industry standards and capabilities in the operation of a national mortgage registry system; and (10) any research, reports, or other work undertaken by outside experts, including Federal and State entities. (e) Report Not later than 2 years after the date on which the working group is established under subsection (a), the working group shall issue a publicly available report, which shall— (1) include recommendations— (A) as to whether the establishment of a national electronic mortgage registry system is necessary or appropriate in the public interest or for the protection of the Mortgage Insurance Fund; and (B) on how to establish, operate, and maintain a national electronic mortgage registry system for single-family mortgage loans and multifamily mortgage loans; and (2) if the working group recommends that the establishment of the national electronic mortgage registry system is necessary or appropriate under paragraph (1), outline the minimum requirements for such registry, which shall— (A) include considerations for the development and implementation of electronic mortgage registry systems by State and local government agencies, including requirements to ensure accurate reporting to such systems; and (B) satisfy the recommendations of this report. (f) Rulemaking (1) In general Beginning 5 years after publication of the report under subsection (e), the Corporation may, by rule, establish a national electronic mortgage registry system for single-family mortgage loans and multifamily mortgage loans, deeds of trust, or other security instruments in accordance with the findings of the report if— (A) the Corporation determines that electronic mortgage registry systems have not been created by State and local government agencies in accordance with the minimum requirements established in the report; and (B) the establishment of a national electronic mortgage registry system for single-family mortgage loans and multifamily mortgage loans remains necessary or appropriate in the public interest or for the protection of the Mortgage Insurance Fund. (2) Conflicting reports If the Corporation establishes a national electronic mortgage registry system under paragraph (1), the Corporation shall provide approved entities a reasonable amount of time to correct a filing made in the national electronic mortgage registry system established under paragraph (1) that is in direct conflict with any filing in a State or local real property recording system. (3) Authority to extend establishment of registries The Corporation, in consultation with appropriate State and local government agencies responsible for real property recordation, may extend the period of time provided under paragraph (1) for a single period of not more than 5 years if the Corporation determines that the extension is necessary or appropriate. (4) Consultation and coordination with State and local agencies To promote consistency in and minimize disruption to the housing finance system and systems for the local recording of mortgage loan documents, the Corporation shall consult and coordinate with appropriate State and local government agencies responsible for real property recordation when developing and issuing rules under this subsection. (5) Requirements on rules The rules and standards promulgated under this section shall recognize and protect valid perfected security interests in registered mortgage-related documents. (g) Rules of construction (1) Limitation on liability Nothing in this section shall be construed as implying or establishing a private right of action against an approved entity for filings made to a national electronic mortgage registry system established under subsection (f)(1) or other filing actions taken pursuant to subsection (f). (2) Limitation on supervisory or enforcement authority Nothing in this section shall be construed as authorizing the Corporation, before the establishment of a national electronic mortgage registry system under subsection (f)(1), to exercise supervisory or enforcement authority with respect to an approved entity relating to a real property filing action in a State or local real property recording system by the approved entity. (3) Preemption Nothing in this section shall be construed as preempting, altering, annulling, exempting, or affecting the applicability of any State or local law, including those laws relating to real property recording or foreclosure. 334. Multiple lender issues With respect to the dwelling of a borrower that serves as security for an eligible mortgage loan, if the borrower enters into any credit transaction that would result in the creation of a new mortgage loan or other credit lien on such dwelling where the loan-to-value ratio of such credit transaction amount is 80 percent or more, the creditor (as defined in section 1026.2(a)(17) 335. Required harmonization of standards within eligible mortgage criteria (a) In general The Corporation shall consult and coordinate with the Bureau of Consumer Financial Protection to ensure that the minimum standards issued by the Corporation with respect to eligible single-family mortgage loans pursuant to section 2(29) remain, to the greatest extent possible, substantially similar to rules promulgated by the Bureau pursuant to section 129C(b) of the Truth in Lending Act ( 15 U.S.C. 1639c(b) (1) conform to all of the other requirements set forth under section 2(29); and (2) in the determination of the Corporation, do not negatively impact the Mortgage Insurance Fund. (b) Annual report on any changes or differences in rules The Corporation shall, on an annual basis, submit to the Chair and Ranking Member of the Committee on Banking, Housing, and Urban Affairs of the Senate and the Chair and Ranking Member of the Committee on Financial Services of the House of Representatives a report that— (1) describes any changes to the minimum standards identified in subsection (a); (2) describes the economic analysis developed and used by the Corporation for any changes described under paragraph (1) in order to ensure such changes do not violate the duties of the Corporation to protect the Mortgage Insurance Fund; and (3) identifies any changes that occurred and differences that exist between the minimum standards developed, adopted, and maintained by the Corporation and the rules promulgated by the Bureau pursuant to section 129C(b) of the Truth in Lending Act (15 U.S.C. 1639c(b)). IV FHFA and FMIC Transition 401. Definitions In this title— (1) the term Director (A) during the period beginning on the date of enactment of this Act and ending on the day before the agency transfer date, the Director of the Existing Agency; and (B) on and after the agency transfer date, the Director of the Federal Housing Finance Agency of the Corporation appointed under section 402(a)(2); (2) the term Existing Agency (3) the term function (4) the term regulated entity 12 U.S.C. 4502(20) (5) the term Transition Committee 402. FHFA transition (a) Establishment (1) In general Effective on the agency transfer date, there is established in the Corporation the Federal Housing Finance Agency, which shall be maintained as a distinct entity within the Corporation. (2) Director The Federal Housing Finance Agency shall be headed by a Director, who shall be— (A) appointed by the President, by and with the advice and consent of the Senate; and (B) a non-voting member of the Board of Directors. (b) Federal Housing Finance Agency Transfer (1) Transfer of property and functions Effective on the agency transfer date and unless otherwise specified by this Act, all property and functions of the Federal Housing Finance Agency are transferred to the Federal Housing Finance Agency of the Corporation. (2) Incumbent Director The individual serving as the Director of the Existing Agency on the day before the agency transfer date may serve as the Director of the Federal Housing Finance Agency of the Corporation until the end of the term of such individual as Director of the Existing Agency under section 1312(b)(2) of the Safety and Soundness Act (12 U.S.C. 4512(b)(2)), as in effect on the day before the agency transfer date. (3) Transition chairperson (A) In general During the period beginning on the agency transfer date and ending on the date on which the first individual is appointed as Chairperson under section 202, the Director shall serve as the Transition Chairperson of the Corporation and, except as provided in subparagraph (B), shall exercise all authorities of the Chairperson, unless stated otherwise. (B) Limitation on authority In serving as the Transition Chairperson of the Corporation pursuant to subparagraph (A), the Director shall not have the authority to establish any rule under section 2 or any rule relating to approved entities under title III. (c) Powers and duties (1) In general The Director of the Federal Housing Finance Agency of the Corporation shall— (A) retain and exercise all powers, including conservatorship and receivership powers, as amended by this Act, of the Director of the Existing Agency on the day before the agency transfer date relating to the Federal Home Loan Bank System, the Federal Home Loan Banks, and the enterprises; (B) manage and implement actions authorized by the Corporation related to the transition to the new housing finance system that impact the conservatorship or receivership of regulated entities; and (C) consult with other members of the Transition Committee and the Board of Directors as may be appropriate to fulfill the requirements of this Act. (2) Autonomy of FHFA Except as provided in section 604(a)(2), or as otherwise specifically provided in this Act, the Chairperson and the Board of Directors may not— (A) intervene in any matter or proceeding before the Director, unless otherwise specifically provided by law; (B) appoint, direct, or remove any officer or employee of the Federal Housing Finance Agency of the Corporation; or (C) merge or consolidate the Federal Housing Finance Agency of the Corporation, or any of the functions or responsibilities of the Federal Housing Finance Agency of the Corporation, with any division, office, or other component of the Corporation. (d) Agency expenditures and budget (1) In general After the agency transfer date, the Director of the Federal Housing Finance Agency of the Corporation— (A) except as provided in paragraph (2), may obligate and expend amounts available to the Federal Housing Finance Agency; and (B) shall submit regular updates to the Board of Directors. (2) Limitation on amount (A) Before Chairperson appointed During the period beginning on the agency transfer date and ending on the date on which the first individual is appointed as Chairperson under section 202, the Director shall require approval from the Transition Committee for any agency capital expenditure in excess of $5,000,000. (B) Chairperson appointed On and after the date on which the first individual is appointed as Chairperson under section 202, the Director shall require approval from the Board of Directors for any agency capital expenditure in excess of $5,000,0000. (e) Cooperation During the period beginning on the date of enactment of this Act and ending on the system certification date, the Board of Directors and the Director shall cooperate and coordinate in the exercise of their respective authorities to facilitate and achieve an orderly transition from housing finance markets facilitated by the enterprises to housing finance markets facilitated by the Corporation with minimum disruption in the availability of mortgage credit. (f) Coordination and continuation of certain actions (1) In general All regulations, orders, determinations, and resolutions described in paragraph (2) shall remain in effect according to the terms of such regulations, orders, determinations, and resolutions, and shall be enforceable by or against the Federal Housing Finance Agency of the Corporation until modified, terminated, set aside, or superseded in accordance with applicable law by the Federal Housing Finance Agency of the Corporation, any court of competent jurisdiction, or operation of law. (2) Applicability A regulation, order, determination, or resolution is described in this paragraph if it— (A) was issued, made, prescribed, or allowed to become effective by— (i) the Existing Agency; (ii) the Federal Housing Finance Board; or (iii) a court of competent jurisdiction, and relates to functions transferred by this section; (B) relates to the performance of functions that are transferred by this section; and (C) is in effect on the agency transfer date. (g) Use of agency services Any agency, department, or other instrumentality of the United States, and any successor to any such agency, department, or instrumentality, which was providing supporting services to the Existing Agency before the agency transfer date in connection with functions that are transferred to the Federal Housing Finance Agency of the Corporation shall— (1) continue to provide such services, on a reimbursable basis, until the transfer of such functions is complete; and (2) consult with any such agency to coordinate and facilitate a prompt and reasonable transition. (h) Savings provisions (1) Existing rights, duties, and obligations not affected Subsection (a) shall not affect the validity of any right, duty, or obligation of the United States, the Director of the Existing Agency, or any other person, which— (A) arises under— (i) the Safety and Soundness Act; (ii) the Federal National Mortgage Association Charter Act; (iii) the Federal Home Loan Mortgage Corporation Act; or (iv) any other provision of law applicable with respect to the Existing Agency; and (B) existed on the day before the agency transfer date. (2) Continuation of suits No action or other proceeding commenced by or against the Director of the Existing Agency in connection with functions that are transferred to the Federal Housing Finance Agency of the Corporation shall abate by reason of the enactment of this Act, except that the Director of the Federal Housing Finance Agency of the Corporation shall be substituted for the Director of the Existing Agency as a party to any such action or proceeding. (i) Technical and conforming amendments (1) Federal Housing Enterprises Financial Safety and Soundness Act of 1992 The Safety and Soundness Act ( 12 U.S.C. 4501 et seq. (A) in section 1303— (i) in paragraph (2), by striking Federal Housing Finance Agency established under section 1311 the Federal Housing Finance Agency within the Federal Mortgage Insurance Corporation established under section 402(a)(1) of the Housing Finance Reform and Taxpayer Protection Act of 2014 (ii) in paragraph (9), by striking Federal Housing Finance Agency Agency (B) in section 1311(a), by striking established Government established in the Federal Mortgage Insurance Corporation, the Federal Housing Finance Agency, which shall be maintained as a distinct entity within the Federal Mortgage Insurance Corporation (C) in section 1312— (i) in subsection (a)— (I) in the heading, by striking Establishment of position Director (II) by striking, established the position of (ii) in subsection (b)(1), by striking by the President housing finance in accordance with section 402(a)(2) of the Housing Finance Reform and Taxpayer Protection Act of 2014 (D) in section 1367— (i) in subsection (a)(7), by striking When acting Except as may be provided in section 604(a)(2) of the Housing Finance Reform and Taxpayer Protection Act of 2014 (ii) by amending subsection (b)(2)(D) to read as follows: (D) Power as conservator (i) Enterprises On and after the agency transfer date, as that term is defined in section 2 of the Housing Finance Reform and Taxpayer Protection Act of 2014 (I) to wind down the operations of the enterprises in an orderly manner that complies with the requirements of such Act; (II) to manage the affairs, assets, and obligations of the enterprises and to operate the enterprises in compliance with the requirements of such Act; (III) to undertake and carry out any sale, transfer, or disposition authorized in sections 315(c), 321(d), 604(i)(2), 701(b), or 702 of such Act in order to facilitate the orderly transition to the new housing finance system authorized by such Act; and (IV) to maintain liquidity and stability in the secondary mortgage market until such time as the enterprises shall have no authority to conduct new business, pursuant to title VI of such Act. (ii) Federal Home Loan Banks The Corporation may, as conservator, take such actions as are— (I) necessary to put a Federal Home Loan Bank in a sound and solvent condition; and (II) appropriate to carry on the business of a Federal Home Loan Bank and preserve and conserve the assets and property of the Federal Home Loan Bank. . (2) Federal Home Loan Bank Act The Federal Home Loan Bank Act ( 12 U.S.C. 1421 et seq. (A) by striking Chairman of the Director of Governors Chairman of the Board of Governors (B) in section 2— (i) in paragraph (11), by striking Federal Housing Finance Agency Agency (ii) in paragraph (12), by striking the Federal Housing Finance Agency the Federal Housing Finance Agency within the Federal Mortgage Insurance Corporation established under section 402(a)(1) of the Housing Finance Reform and Taxpayer Protection Act of 2014 (3) Federal Deposit Insurance Act The Federal Deposit Insurance Act ( 12 U.S.C. 1811 et seq. (A) in section 11(t)(2)(A), by inserting after clause (vii) the following: (viii) The Federal Mortgage Insurance Corporation. ; and (B) in section 18(x)— (i) by inserting the Federal Mortgage Insurance Corporation, any Federal banking agency (ii) by inserting Corporation, such Bureau, (4) Federal Financial Institutions Examination Council Act of 1978 The Federal Financial Institutions Examination Council Act of 1978 ( 12 U.S.C. 3301 et seq. (A) in section 1004(a)— (i) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; and (ii) by inserting after paragraph (4) the following: (5) the Chairman of the Federal Mortgage Insurance Corporation, ; (B) in section 1011, in first sentence, by inserting Federal Mortgage Insurance Corporation, Financial Protection, (C) by inserting at the end the following: 1012. Establishment of the Subcommittee on Mortgage Servicing There shall be within the Council a subcommittee to be known as the Subcommittee on Mortgage Servicing . (5) FIRREA Section 1216 of the Financial Institutions Reform, Recovery, and Enhancement Act of 1989 (12 U.S.C. 1833e) is amended— (A) in subsection (a), by striking Federal Housing Finance Agency Federal Mortgage Insurance Corporation (B) in subsection (c), by striking Federal Housing Finance Agency Federal Mortgage Insurance Corporation (6) Housing and Urban-Rural Recovery Act of 1983 The first sentence of section 469 of the Housing and Urban-Rural Recovery Act of 1983 (12 U.S.C. 1701p–1) is amended by inserting the Federal Mortgage Insurance Corporation, cooperation of (7) Paperwork Reduction Act Section 3502(5) Paperwork Reduction Act Federal Housing Finance Agency Federal Mortgage Insurance Corporation (8) Public Law 93–495 Section 111 of Public Law 93–495 12 U.S.C. 250 the Federal Mortgage Insurance Corporation, Federal Housing Finance Agency, (9) Right to Financial Privacy Act of 1978 Section 1101(7) of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3401(7) (A) in subparagraph (H), by striking ; or (B) in subparagraph (I), by striking ; and ; or (C) by adding at the end the following: (J) the Federal Mortgage Insurance Corporation; and . (10) Title 5, United States Code Title 5, United States Code, is amended— (A) in section 5313, by inserting the following new item: Chairperson of the Federal Mortgage Insurance Corporation. ; and (B) in section 3132(a)(1)(D)— (i) by striking Supervision,, Supervision, (ii) by inserting the Federal Mortgage Insurance Corporation, Federal Housing Finance Agency, (11) Title 18, United States Code Title 18, United States Code, is amended by striking Federal Housing Finance Agency Federal Mortgage Insurance Corporation (12) Federal Credit Union Act Section 107(7)(E) of the Federal Credit Union Act ( 12 U.S.C. 1757(7)(E) the Federal Mortgage Insurance Corporation, the Federal National Mortgage Association (13) Bank Holding Company Act Section 5(c)(5)(B) of the Bank Holding Company Act ( 12 U.S.C. 1844(c)(5)(B) (A) in clause (iv), by striking ; or (B) in clause (v), by striking the period at the end and insert ; or (C) by adding at the end the following: (vi) an approved guarantor approved under section 311 of the Housing Finance Reform and Taxpayer Protection Act of 2014. . (14) Congressional Budget Act of 1974 Section 504(c) of the Congressional Budget Act of 1974 ( 2 U.S.C. 661c(c) (A) in paragraph (1), by striking or (B) by redesignating paragraph (2) as paragraph (3); and (C) by inserting after paragraph (1) the following: (2) are credit programs of the Federal Mortgage Insurance Corporation; or . (15) Effective date The amendments made by this subsection shall take effect on the agency transfer date. 403. Transfer and rights of employees of the FHFA (a) Transfer (1) In general Effective on the agency transfer date, each employee of the Existing Agency, including each employee of the Office of the Inspector General of the Existing Agency, who is in good standing, shall be transferred to the Corporation for employment, and such transfer shall be deemed a transfer of function for purposes of section 3503 of title 5, United States Code. (2) Assignment (A) In general Except as provided in subparagraph (B), an employee transferred under paragraph (1) shall be appointed to a position in the Federal Housing Finance Agency of the Corporation. (B) Exception On and after the agency transfer date, the Chairperson, in consultation with the Director of the Federal Housing Finance Agency of the Corporation, may reassign an employee transferred under paragraph (1) to a component of the Corporation other than the Federal Housing Finance Agency of the Corporation, if the reassignment is in the best interest of the Corporation. (b) Guaranteed positions (1) In general Each employee transferred under subsection (a) shall be guaranteed a position with the same status, tenure, grade, and pay as that held on the day immediately preceding the transfer. (2) No involuntary separation or reduction An employee transferred under subsection (a) holding a permanent position on the day immediately preceding the transfer may not be involuntarily separated or reduced in grade or compensation during the 12-month period beginning on the date of transfer, except for cause, or, in the case of a temporary employee, separated in accordance with the terms of the appointment of the employee. (c) Appointment authority for excepted and senior executive service employees (1) In general In the case of an employee occupying a position in the excepted service or the Senior Executive Service, any appointment authority established under law or by regulations of the Office of Personnel Management for filling such position shall be transferred, subject to paragraph (2). (2) Decline of transfer The Corporation may decline a transfer of authority under paragraph (1), to the extent that such authority relates to— (A) a position excepted from the competitive service because of its confidential, policymaking, policy-determining, or policy-advocating character; or (B) a noncareer appointee in the Senior Executive Service (within the meaning of section 3132(a)(7) of title 5, United States Code). (d) Employee benefit programs (1) In general Any employee of the Existing Agency accepting employment with the Corporation as a result of a transfer under subsection (a) may retain, for 12 months after the date on which such transfer occurs, membership in any employee benefit program of the Existing Agency or the Corporation, as applicable, including insurance, to which such employee belongs on the date of the transfer under subsection (a), if— (A) the employee does not elect to give up the benefit or membership in the program; and (B) the benefit or program is continued by the Corporation. (2) Cost differential (A) In general The difference in the costs between the benefits which would have been provided by the Existing Agency and those provided by this section shall be paid by the Corporation. (B) Health insurance If any employee elects to give up membership in a health insurance program or the health insurance program is not continued by the Corporation, the employee shall be permitted to select an alternate Federal health insurance program not later than 30 days after the date of such election or notice, without regard to any other regularly scheduled open season. (e) Enterprise employees To ensure an orderly transition to the new housing finance system established under this Act and to facilitate the organization, formation, and competency of the Corporation, the Corporation may hire employees from the enterprises. (f) Reorganization If the Corporation determines that a reorganization of the workforce is required, the reorganization shall be deemed a major reorganization for purposes of affording affected employee retirement under section 8336(d)(2) or 8414(b)(1)(B) of title 5, United States Code. 404. Transition Committee (a) Establishment and purpose (1) In general Effective on the date of enactment of this Act, there is established the Federal Mortgage Insurance Corporation Transition Committee. (2) Purpose The purpose of the Transition Committee shall be to— (A) develop a plan to facilitate an orderly transition to a new housing finance system in accordance with this Act; and (B) provide advice to the Transition Chairperson or the Board when consulted. (b) Composition (1) Members The Transition Committee shall be comprised of— (A) the Director; (B) the Chairman of the Federal Deposit Insurance Corporation; (C) the Comptroller of the Currency; (D) the Chairperson; and (E) any member of the Board of Directors. (2) Chairperson (A) Before Chairperson of Corporation Until the date on which the first individual is appointed as Chairperson under section 202, the Director shall serve as the Chairperson of the Transition Committee. (B) Chairperson of Corporation appointed On and after the date on which the first individual is appointed as Chairperson under section 202, the Chairperson shall serve as the Chairperson of the Transition Committee. (3) Acting officials may serve In the event of a vacancy in the office of the head of a member agency, and pending the appointment of a successor, or during the absence or disability of the head of a member agency, the acting head of the member agency shall serve as a member of the Transition Committee in the place of that agency head. (4) Staff As necessary to carry out the duties of the Transition Committee, the Chairperson of the Transition Committee may— (A) before the agency transfer date, use employees of the Existing Agency; and (B) on and after the agency transfer date, use employees of the Corporation. (c) Transition plan (1) Development The Transition Committee shall develop the transition plan required by section 602. (2) Approval The transition plan may not be submitted to Congress under section 602, unless it is approved by a majority of the Transition Committee. (d) Dissolution The Transition Committee shall be dissolved upon the later of— (1) the date on which the first individual is appointed as Chairperson under section 202; or (2) the date on which the transition plan is submitted to Congress in accordance with subsection (c)(2) and section 602. 405. Transition assessments (a) In General Section 1316 of the Safety and Soundness Act (12 U.S.C. 4516) is amended by adding at the end the following: (i) Annual assessments relating to initial funding of the FMIC Notwithstanding title VI of the Housing Finance Reform and Taxpayer Protection Act of 2014 Housing Finance Reform and Taxpayer Protection Act of 2014 Housing Finance Reform and Taxpayer Protection Act of 2014 . (b) Treatment of Assessments (1) Deposit (A) Amounts received by the Corporation Amounts received by the Corporation from assessments imposed under section 1316(i) of the Safety and Soundness Act shall be deposited by the Corporation in the Mortgage Insurance Fund. (B) Amounts received by the Existing Agency Amounts received by the Existing Agency beginning on the date of enactment of this Act until the agency transfer date from assessments imposed under section 1316(i) of the Safety and Soundness Act shall be held in an account of the Existing Agency and shall be transferred to the Corporation on the agency transfer date for deposit in the Mortgage Insurance Fund in accordance with subparagraph (A). (C) Exemption from apportionment Notwithstanding any other provision of law, amounts received by the Corporation from any assessment imposed under section 1316(i) of the Safety and Soundness Act shall not be subject to apportionment for the purposes of chapter 15 (D) Rule of construction Amounts received by the Corporation from any assessment imposed under section 1316(i) of the Safety and Soundness Act shall not be construed to be Government or public funds or appropriated money. (2) Use of funds (A) In general The Existing Agency shall use amounts received from assessments imposed under section 1316(i) of the Safety and Soundness Act solely for the purpose of funding the Mortgage Insurance Fund on the agency transfer date. (B) Treasury investments The Existing Agency may request the Secretary of the Treasury to invest the amounts received from assessments imposed under section 1316(i) of the Safety and Soundness Act. (C) Government obligations Pursuant to a request under subparagraph (B), the Secretary of the Treasury shall invest such amounts in Federal Government obligations— (i) guaranteed as to principal and interest by the United States with maturities suitable to the needs of the Existing Agency; and (ii) bearing interest at a rate determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturity. 406. Transfer of powers and duties on the system certification date; continuation and coordination of certain actions (a) Transfer of functions Effective on the system certification date and except as provided in section 332(a), there are transferred to the Corporation all functions of the Federal Housing Finance Agency of the Corporation and the Director thereof. (b) Coordination and continuation of certain actions (1) In general All regulations, orders, determinations, and resolutions described in paragraph (2) shall remain in effect according to the terms of such regulations, orders, determinations, and resolutions, and shall be enforceable by or against the Corporation until modified, terminated, set aside, or superseded in accordance with applicable law by the Corporation, any court of competent jurisdiction, or operation of law. (2) Applicability A regulation, order, determination, or resolution is described in this paragraph if it— (A) was issued, made, prescribed, or allowed to become effective by— (i) the Existing Agency; (ii) the Federal Housing Finance Agency of the Corporation; (iii) the Federal Housing Finance Board; or (iv) a court of competent jurisdiction; (B) relates to the performance of functions that are transferred by subsection (a); and (C) is in effect on the effective date of the transfer under subsection (a). (c) Use of agency services Any agency, department, or other instrumentality of the United States, and any successor to any such agency, department, or instrumentality, which was providing supporting services to the Federal Housing Finance Agency of the Corporation before the system certification date in connection with functions that are transferred to the Corporation under subsection (a) shall— (1) continue to provide such services, on a reimbursable basis, until the transfer of such functions is complete; and (2) consult with any such agency to coordinate and facilitate a prompt and reasonable transition. (d) Savings provisions (1) Existing rights, duties, and obligations not affected Subsection (a) shall not affect the validity of any right, duty, or obligation of the United States, the Director of the Federal Housing Finance Agency of the Corporation, or any other person, which— (A) arises under— (i) the Safety and Soundness Act; (ii) the Federal National Mortgage Association Charter Act; (iii) the Federal Home Loan Mortgage Corporation Act; or (iv) any other provision of law applicable with respect to the Federal Housing Finance Agency; and (B) existed on the day before the system certification date. (2) Continuation of suits No action or other proceeding commenced by or against the Director of the Federal Housing Finance Agency of the Corporation in connection with functions that are transferred to the Corporation under subsection (a) shall abate by reason of the enactment of this Act, except that the Corporation shall be substituted for the Director of the Federal Housing Finance Agency of the Corporation as a party to any such action or proceeding. 407. Technical and conforming amendments relating to abolishment of FHFA (a) Effective date The amendments made by this section shall take effect on the system certification date. (b) Access to Local TV Act of 2000 Section 1004(d)(2)(D)(iii) of the Launching Our Communities’ Access to Local Television Act of 2000 ( 47 U.S.C. 1103(d)(2)(D)(iii) Federal Housing Finance Agency Federal Mortgage Insurance Corporation (c) Commodity Exchange Act Section 1a(39)(E) of the Commodity Exchange Act ( 7 U.S.C. 1a(39)(E) Federal Housing Finance Agency Federal Mortgage Insurance Corporation (d) Emergency Economic Stabilization Act of 2008 The Emergency Economic Stabilization Act of 2008 ( 12 U.S.C. 5201 (1) in section 104(b)(3), by striking the Director of the Federal Housing Finance Agency the Chairperson of the Federal Mortgage Insurance Corporation (2) in section 109(b), by striking Federal Housing Finance Agency Federal Mortgage Insurance Corporation (3) in section 110(a)(1)(A), by striking Federal Housing Finance Agency Federal Mortgage Insurance Corporation (e) Federal National Mortgage Association Charter Act The Federal National Mortgage Association Charter Act ( 12 U.S.C. 1716 et seq. (1) in section 303(c)(2), by striking Director of the Federal Housing Finance Agency Chairperson of the Federal Mortgage Insurance Corporation (2) in section 309— (A) in subsection (d)(3)(B)— (i) by striking Federal Housing Finance Agency Federal Mortgage Insurance Corporation (ii) by striking Director Chairperson (B) in subsection (k)(1), by striking Director of the Federal Housing Finance Agency Chairperson of the Federal Mortgage Insurance Corporation (C) in subsection (m)— (i) in paragraph (1), by striking Director of the Federal Housing Finance Agency Chairperson of the Federal Mortgage Insurance Corporation (ii) in paragraph (2)— (I) by striking Federal Housing Finance Agency Federal Mortgage Insurance Corporation (II) by striking Director Chairperson (D) in subsection (n)— (i) in paragraph (1), by striking Director of the Federal Housing Finance Agency Chairperson of the Federal Mortgage Insurance Corporation (ii) in paragraph (2)(L), by striking Director of the Federal Housing Finance Agency Chairperson of the Federal Mortgage Insurance Corporation (iii) in paragraph (3)(B), by striking Director of the Federal Housing Finance Agency Chairperson of the Federal Mortgage Insurance Corporation (f) Federal Deposit Insurance Act The Federal Deposit Insurance Act ( 12 U.S.C. 1811 et seq. (1) in section 7(a)(2)(A), by striking Federal Housing Finance Agency Federal Mortgage Insurance Corporation (2) in section 8(e)(7)(A)(vi), by striking Federal Housing Finance Agency Federal Mortgage Insurance Corporation (3) in section 33(e), by striking Federal Housing Finance Agency Federal Mortgage Insurance Corporation (g) Federal Financial Institutions Examination Council Act of 1978 The first sentence of section 1011 of the Federal Financial Institutions Examination Council Act of 1978 ( 12 U.S.C. 3310 and the Federal Housing Finance Agency (h) Federal Home Loan Bank Act The Federal Home Loan Bank Act ( 12 U.S.C. 1421 et seq. (1) in section 2— (A) in paragraph (11), as previously amended by section 402(i), by striking Agency Chairperson of the Federal Mortgage Insurance Corporation (B) in paragraph (12), as previously amended by section 402(i), by striking the Federal Housing Finance Agency within the Federal Mortgage Insurance Corporation established under section 402(a)(1) of the Housing Finance Reform and Taxpayer Protection Act of 2014 Federal Mortgage Insurance Corporation established under section 201 of the Housing Finance Reform and Taxpayer Protection Act of 2014 (2) in section 10(a)(3)(B), by inserting , subject to such regulations that the Federal Mortgage Insurance Corporation may issue to ensure the safety and soundness of the Federal Home Loan Banks, covered securities insured by the Federal Mortgage Insurance Corporation under the Housing Finance Reform and Taxpayer Protection Act of 2014 Government National Mortgage Association (3) in section 11(h), by inserting , subject to such regulations that the Federal Mortgage Insurance Corporation may issue to ensure the safety and soundness of the Federal Home Loan Banks, covered securities insured by the Federal Mortgage Insurance Corporation under the Housing Finance Reform and Taxpayer Protection Act of 2014 Federal Home Loan Mortgage Corporation pursuant to section 305 or section 306 of the Federal Home Loan Mortgage Corporation Act (i) Federal Home Loan Mortgage Corporation Act The Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1451 et seq. (1) in section 303— (A) in subsection (b)(2), by striking Director of the Federal Housing Finance Agency Chairperson of the Federal Mortgage Insurance Corporation (B) in subsection (h)— (i) in paragraph (2)— (I) by striking Federal Housing Finance Agency Federal Mortgage Insurance Corporation (II) by striking Director Chairperson; (ii) in paragraph (4), by striking Director Chairperson (2) in section 305(a)(2), by striking Director of the Federal Housing Finance Agency Chairperson of the Federal Mortgage Insurance Corporation (3) in section 307— (A) in subsection (c)(1), by striking Federal Housing Finance Agency Federal Mortgage Insurance Corporation (B) in subsection (e)— (i) in paragraph (1)— (I) by striking Federal Housing Finance Agency Federal Mortgage Insurance Corporation (II) by striking Director Chairperson (ii) in paragraph (2)— (I) by striking Federal Housing Finance Agency Federal Mortgage Insurance Corporation (II) by striking Director Chairperson (C) in subsection (f)— (i) in paragraph (1), by striking Director of the Federal Housing Finance Agency Chairperson of the Federal Mortgage Insurance Corporation (ii) in paragraph (2), by striking Director of the Federal Housing Finance Agency Chairperson of the Federal Mortgage Insurance Corporation (iii) in paragraph (3)(B), by striking Director of the Federal Housing Finance Agency Chairperson of the Federal Mortgage Insurance Corporation (j) Federal Housing Enterprises Financial Safety and Soundness Act of 1992 The Safety and Soundness Act ( 12 U.S.C. 4501 et seq. (1) in section 1303— (A) in paragraph (2), as previously amended by section 402(i), by striking the Federal Housing Finance Agency within the Federal Mortgage Insurance Corporation established under section 402(a)(1) of the Housing Finance Reform and Taxpayer Protection Act of 2014 Federal Mortgage Insurance Corporation established under section 201 of the Housing Finance Reform and Taxpayer Protection Act of 2014 (B) by striking paragraph (4) and inserting the following: (4) [Reserved.] ; and (C) in paragraph (9), as previously amended by section 402(i), by striking Agency Chairperson of the Federal Mortgage Insurance Corporation (2) by repealing section 1313A; (3) in section 1317— (A) by striking subsection (d); and (B) by redesignating subsections (e) through (i) as subsections (d) through (h), respectively; and (4) in section 1367— (A) in subsection (a), in the heading, by striking Agency Corporation (B) in subsection (b), in the heading to paragraph (9)(B), as so redesignated, by striking Agency Corporation (k) Financial Institutions Reform, Recovery, and Enhancement Act of 1989 The Financial Institutions Reform, Recovery, and Enhancement Act of 1989 ( Public Law 101–73 (1) in section 402(e), by striking Federal Housing Finance Agency Federal Mortgage Insurance Corporation (2) in section 1124, by striking Federal Housing Finance Agency Federal Mortgage Insurance Corporation (3) in section 1125(b), by striking Federal Housing Finance Agency Federal Mortgage Insurance Corporation (l) Flood Disaster Protection Act of 1973 Section 102(f)(3)(A) of the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4012a(f)(3)(A) Director of the Federal Housing Finance Agency Chairperson of the Federal Mortgage Insurance Corporation (m) Housing Economic Recovery Act of 2008 Section 1002(b) of the Housing and Economic Recovery Act of 2008 ( Public Law 110–289 (1) in paragraph (1), by striking Federal Housing Finance Agency Federal Mortgage Insurance Corporation (2) in paragraph (2), by striking Director of the Agency Chairperson of the Federal Mortgage Insurance Corporation (n) Housing and Urban-Rural Recovery Act of 1983 The first sentence of section 469 of the Housing and Urban-Rural Recovery Act of 1983 (12 U.S.C. 1701p-1) is amended by striking Federal Housing Finance Agency, (o) Multifamily Assisted Housing Reform and Affordability Act of 1997 Section 517(b)(4) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is amended by striking Federal Housing Finance Agency Federal Mortgage Insurance Corporation (p) Public law 93–495 Section 111 of Public Law 93–495 12 U.S.C. 250 the Director of the Federal Housing Finance Agency, (q) Neighborhood Reinvestment Corporation Act Section 606(c)(3) of the Neighborhood Reinvestment Corporation Act ( 42 U.S.C. 8105(c)(3) Federal Housing Finance Agency Federal Mortgage Insurance Corporation (r) Riegle Community Development and Regulatory Improvement Act of 1994 Section 117(e) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4716(e)) is amended by striking Federal Housing Finance Agency Federal Mortgage Insurance Corporation (s) Right to Financial Privacy Act of 1978 Section 1113(o) of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3413(o) (1) in the heading to the subsection, by striking Federal Housing Finance Agency Federal Mortgage Insurance Corporation (2) by striking Federal Housing Finance Agency Federal Mortgage Insurance Corporation (3) by striking Federal Housing Finance Agency’s Federal Mortgage Insurance Corporation’s (t) Sarbanes-Oxley Act of 2002 Section 105(b)(5)(B)(ii)(II) of the Sarbanes-Oxley Act of 2002 ( 15 U.S.C. 7215(b)(5)(B)(ii)(II) Director of the Federal Housing Finance Agency Chairperson of the Federal Mortgage Insurance Corporation (u) Securities Exchange Act Section 15G of the Securities Exchange Act ( 15 U.S.C. 78o-11 (1) in subsection (b)(2), by striking Federal Housing Finance Agency Federal Mortgage Insurance Corporation (2) in subsection (e)(4), by striking Director of the Federal Housing Finance Agency Chairperson of the Federal Mortgage Insurance Corporation (v) Truth in Lending Act The Truth in Lending Act ( 15 U.S.C. 1601 et seq. (1) section 129H(b)(4), by striking Federal Housing Finance Agency Federal Mortgage Insurance Corporation (2) in section 129E— (A) in subsection (g)(1), by striking Federal Housing Finance Agency Federal Mortgage Insurance Corporation (B) in subsection (h), by striking Federal Housing Finance Agency Federal Mortgage Insurance Corporation (w) Other references in Federal law On and after the system certification date, any reference to the Federal Housing Finance Agency or the Director thereof in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the system certification date shall be considered to refer and apply to the Federal Mortgage Insurance Corporation and the Chairperson thereof, respectively. 408. Repeal of mandatory housing goals (a) Repeal of housing goals The Safety and Soundness Act is amended by striking sections 1331 through 1336 ( 12 U.S.C. 4561–6 (b) Conforming amendments The Safety and Soundness Act (12 U.S.C. 4501 et seq.) is amended— (1) in section 1303(28), by striking , and, for the purposes designated disaster areas (2) in section 1324(b)(1)(A), by striking clauses (i), (ii), and (iv); (3) in section 1341— (A) in subsection (a)— (i) in paragraph (1), by inserting or (ii) in paragraph (2), by striking the semicolon at the end and inserting a period; and (iii) by striking paragraphs (3) and (4); and (B) in subsection (b)(2)— (i) in subparagraph (A), by inserting or (ii) by striking subparagraphs (B) and (C); and (iii) by redesignating subparagraph (D) as subparagraph (B); (4) in section 1345(a)— (A) in paragraph (1), by inserting or (B) in paragraph (2), by striking the semicolon at the end and inserting a period; and (C) by striking paragraphs (3) and (4); and (5) in section 1371(a)(2), by striking with any housing goal established under subpart B of part 2 of subtitle A of this title, with section 1336 or 1337 of this title, (c) Effective date The amendments made by this section shall take effect on the date of enactment of this Act. (d) Required compliance with nondiscrimination laws (1) Approved entities; Platform Notwithstanding any other provision of this Act, approved entities and the Securitization Platform shall comply with Federal and State nondiscrimination laws, including the Fair Housing Act (42 U.S.C. 3601 et seq.) and the Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.). (2) Corporation (A) In general In carrying out this Act, the Corporation shall comply with Federal and State nondiscrimination laws. (B) Periodic review The Corporation shall periodically review its policies, standards, and guidelines with respect to eligible mortgage loans, including, but not limited to, any automated underwriting systems, to ensure that such policies, standards, and guidelines are consistent with the requirements of section 408(d). (3) Safety and Soundness Act Section 1325 of the Safety and Soundness Act ( 12 U.S.C. 4545 (A) in the matter preceding paragraph (1), by striking The Secretary (a) In general The Secretary ; (B) in paragraph (1)— (i) by inserting , approved guarantor, approved multifamily guarantor, approved aggregator, and the Securitization Platform enterprise (ii) by inserting or guarantee purchase (iii) by inserting or mortgage-backed security mortgage (C) in paragraph (2)— (i) by striking (2) by regulation (2)(A) by regulation (ii) by inserting and (iii) by adding at the end the following: (B) with respect to the market for covered guarantee transactions and covered market-based risk-sharing transactions, by regulation, require each approved guarantor, approved multifamily guarantor, and approved aggregator to submit data to the Secretary to assist the Secretary in investigating whether a mortgage lender with which the approved guarantor, approved multifamily guarantor, or approved aggregator does business has failed to comply with the Fair Housing Act ( 42 U.S.C. 3601 et seq. ; (D) in paragraph (3)— (i) by striking (3) by regulation (3)(A) by regulation (ii) by inserting and (iii) by adding at the end the following: (B) with respect to the market for covered guarantee transactions and covered market-based risk-sharing transactions, by regulation, require each approved guarantor, approved multifamily guarantor, and approved aggregator to submit data to the Secretary to assist in investigating whether a mortgage lender with which the approved guarantor, approved multifamily guarantor, or approved aggregator does business has failed to comply with the Equal Credit Opportunity Act ( 15 U.S.C. 1691 et seq. 15 U.S.C. 1691c ; (E) in paragraph (4), by inserting and the Federal Mortgage Insurance Corporation enterprises (F) in paragraph (5)— (i) by striking (5) direct the (5)(A) direct the (ii) by inserting and (iii) by adding at the end the following: (B) with respect to the market for covered guarantee transactions and covered market-based risk-sharing transactions, apply various remedial actions, including suspension, probation, reprimand, or settlement, against lenders that have been found to have engaged in discriminatory lending practices in violation of the Fair Housing Act or the Equal Credit Opportunity Act, pursuant to a final adjudication on the record, and after opportunity for an administrative hearing, in accordance with subchapter II of chapter 5 ; (G) in paragraph (6)— (i) by striking (6) periodically review (6)(A) periodically review (ii) by striking the period at the end and inserting ; and (iii) by adding at the end the following: (B) with respect to the market for covered guarantee transactions and covered market-based risk-sharing transactions, periodically review and comment on the underwriting and appraisal guidelines of each approved guarantor, approved multifamily guarantor, and approved aggregator, and the policies, standards, and guidelines of the Securitization Platform to ensure that such guidelines are consistent with the Fair Housing Act and this section. ; and (H) by adding at the end the following: (b) Definitions In this section, the terms approved guarantor approved multifamily guarantor approved aggregator covered guarantee transaction covered market-based risk-sharing transaction Securitization Platform . V Improving transparency, accountability, and efficacy within affordable housing 501. Affordable housing allocations (a) Fee and allocation of amounts In addition to any fees for the provision of insurance established in accordance with title III, in each fiscal year the Corporation shall— (1) charge and collect a fee determined as provided in subsection (b) for each dollar of the outstanding principal balance of all eligible mortgage loans that collateralize covered securities insured under this Act; and (2) allocate or otherwise transfer, on an annual basis— (A) 75 percent of such fee amounts to the Secretary of Housing and Urban Development to fund the Housing Trust Fund established under section 1338 of the Safety and Soundness Act (12 U.S.C. 4568); (B) 15 percent of such fee amounts to the Secretary of the Treasury to fund the Capital Magnet Fund established under section 1339 of the Safety and Soundness Act ( 12 U.S.C. 4569 (C) 10 percent of such fee amounts to the Corporation to fund the Market Access Fund established under section 504. (b) Determination of fee The fee required to be charged under subsection (a) shall be determined as follows: (1) Initial fee Beginning on the date of enactment of this Act and ending upon the date set forth under paragraph (2)(E), the fee shall be an amount equal to 10 basis points for each dollar of the outstanding principal balance of eligible mortgage loans collateralizing covered securities insured under this Act. (2) Subsequent incentive-based fee Not later than 6 months after the date that the Corporation has approved at least 2 approved guarantors, approved multifamily guarantors, or approved aggregators, the Corporation shall, by regulation, after notice and comment, establish a formula for determining the fee that meets the following criteria: (A) Average for all fees The average of fees charged on the total outstanding principal balance of all eligible mortgage loans collateralizing covered securities insured under this Act shall be equal to 10 basis points. (B) Permissible range The highest basis point fee charged to an approved guarantor, approved multifamily guarantor, or approved aggregator engaged in a covered guarantee transaction or an approved aggregator engaged in a covered market-based risk-sharing transaction shall not exceed 2 times the lowest basis point fee charged. (C) Incentives to serve underserved market segments (i) In general The formula determined under this subsection shall provide that the amount by which any particular fee charged to an approved guarantor, approved multifamily guarantor, or approved aggregator engaged in a covered guarantee transaction or an approved aggregator engaged in a covered market-based risk-sharing transaction may be more or less than the average fee required under subparagraph (A) based upon consideration of the following factors: (I) Performance relative to peers The performance of each approved guarantor, approved multifamily guarantor, or approved aggregator engaged in a covered guarantee transaction and each approved aggregator engaged in a covered market-based risk-sharing transaction in serving underserved market segments, as identified and defined under section 210, relative to the performance of all other approved guarantors, approved multifamily guarantors, or approved aggregators engaged in covered guarantee transactions or approved aggregators engaged in covered market-based risk-sharing transactions. (II) Performance relative to primary market loan origination data The performance of each approved guarantor, approved multifamily guarantor, or approved aggregator engaged in a covered guarantee transaction and each approved aggregator engaged in a covered market-based risk-sharing transaction in serving underserved market segments, as identified and defined under section 210, relative to the level of primary market mortgage originations in each of the underserved market segments so identified and defined that were facilitated by the approved guarantor, approved multifamily guarantor, or approved aggregator's engagement in a covered guarantee transaction or the approved aggregator’s engagement in a covered market-based risk-sharing transaction. (III) Relative extent to which individual market segments are underserved The relative extent to which each of the underserved market segments, as identified and defined under section 210, that have primary market mortgage originations facilitated by the approved guarantor, approved multifamily guarantor, or approved aggregator's engagement in a covered guarantee transaction or the approved aggregator’s engagement in a covered market-based risk-sharing transaction is underserved. (ii) Weighing factors The formula determined under this subsection shall assign such weights to each of the factors set forth under clause (i) as the Corporation determines necessary and appropriate. (iii) Data for measuring factors To measure the performance in serving underserved market segments, as identified and defined under section 210, by approved guarantors, approved multifamily guarantors, or approved aggregators engaged in a covered guarantee transaction and approved aggregators engaged in a covered market-based risk-sharing transaction and the extent to which a market segment is underserved, the formula determined under this subsection shall provide for the use of— (I) the identifications and definitions of underserved market segments established by the Corporation under section 210; (II) data and other information in the annual report filed with the Corporation by each approved guarantor, approved multifamily guarantor, or approved aggregator engaged in a covered guarantee transaction and each approved aggregator engaged in a covered market-based risk-sharing transaction, as required under section 210; (III) loan level data, to the extent possible in the manner required by the Home Mortgage Disclosure Act ( 12 U.S.C. 2801 et seq. (IV) other publicly available data. (D) Third-party entity to measure factors (i) Selection The Corporation, through a competitive process, shall select an entity independent of the Corporation to gather, use, and provide to the Corporation the data required under subparagraph (C)(iii). (ii) Ranking The entity selected under clause (i) shall— (I) analyze the data required under subparagraph (C)(iii); and (II) rank the approved guarantors, approved multifamily guarantors, or approved aggregators engaged in covered guarantee transactions and the approved aggregators engaged in covered market-based risk-sharing transactions, applying the formula established by the Corporation. (iii) Timing of ranking The entity selected under clause (i) shall, on an annual basis, provide the rankings required under clause (ii)(II). The annual rankings required under this clause shall begin at a time to be determined mutually by the entity selected under clause (i) and the Corporation, so that the Corporation will be positioned to determine, charge, and collect the first incentive-based fees beginning on the date that is 12 months after the date of approval of at least 2 approved guarantors, approved multifamily guarantors, or approved aggregators. (E) Timing of charging and collecting incentive-based fees (i) First incentive-based fees Subject to paragraph (3), the Corporation shall charge and collect the first incentive-based fees required under this subsection beginning on the date that is 12 months after the date of the approval of at least 2 approved guarantors, approved multifamily guarantors, or approved aggregators. (ii) Subsequent annual incentive-based fees Subject to paragraph (3), the Corporation shall charge and collect incentive-based fees annually on the first business day of each 12-month period that begins after the expiration of the initial 12-month period set forth in clause (i). (iii) Collection (I) Procedures The Corporation shall, by regulation, establish procedures for collecting the incentive-based fee required under this paragraph on a periodic basis determined by the Corporation. (II) Compliance with procedures The Corporation shall collect all incentive-based fees required under this paragraph consistent with the procedures established pursuant to subclause (I). (iv) Adjustments to incentive-based fees paid (I) In general The Corporation shall make appropriate adjustments to the incentive-based fee charged to an approved guarantor, approved multifamily guarantor, or approved aggregator engaged in a covered guarantee transaction or an approved aggregator engaged in a covered market-based risk-sharing transaction for any year based on the— (aa) application of the formula established under this paragraph to such approved guarantor, approved multifamily guarantor, or approved aggregator; and (bb) measured performance of such approved guarantor, approved multifamily guarantor, or approved aggregator in that year. (II) Form of adjustments Any adjustments made pursuant to subclause (I) may take the form of— (aa) a credit against the fee paid by an approved guarantor, approved multifamily guarantor, or approved aggregator for the year; or (bb) an additional amount owing on the fee for the year by the approved guarantor, approved multifamily guarantor, or approved aggregator. (v) Frequency of incentive-based fee collection In determining the appropriate periodic basis for collecting the incentive-based fees required under clause (iii), the Corporation shall take into consideration the need to make appropriate adjustments to the fees under clause (iv) through credits or additional billings. (vi) Rule of construction Nothing in this subparagraph shall be construed to waive, override, or in any manner supersede the requirement set forth under subparagraph (A). (F) Additional incentives to serve underserved market segments (i) Fee credits from the Market Access Fund Notwithstanding any provision of section 504 or any other provision of law, the Corporation may use up to 50 percent of the amounts in the Market Access Fund, determined as of the date that an incentive-based fee under subparagraph (E) is to be charged in any year, to provide 1 or more approved guarantors, approved multifamily guarantors, or approved aggregators engaged in a covered guarantee transaction or approved aggregators engaged in a covered market-based risk-sharing transaction with additional incentives to serve underserved market segments, as identified and defined under section 210, through the award of a credit that may be applied to reduce the annual fee charged to the approved guarantor, approved multifamily guarantor, or approved aggregator if that person exceeds performance measures related to the service of such underserved market segments established by the Corporation. (ii) Rule required The Corporation shall establish, by regulation, the terms, conditions, and performance measures for the awarding of credits under clause (i). (3) Opt-out from incentive-based fees (A) Election and written agreement An approved guarantor, approved multifamily guarantor, or approved aggregator engaged in a covered guarantee transaction or an approved aggregator engaged in a covered market-based risk-sharing transaction may elect to be excepted from the incentive-based fee that is charged under paragraph (2) by notifying the Corporation in writing that the approved guarantor, approved multifamily guarantor, or approved aggregator agrees to pay the fee amount described in subparagraph (C). (B) Timing for election For any 12-month period for which an incentive-based fee will be charged under paragraph (2), an approved guarantor, approved multifamily guarantor, or approved aggregator engaged in a covered guarantee transaction or an approved aggregator engaged in a covered market-based risk-sharing transaction may make an election under subparagraph (A) not later than 3 months prior to the beginning of such 12-month period. (C) Fee amount for opt-out If an approved guarantor, approved multifamily guarantor, or approved aggregator engaged in a covered guarantee transaction or an approved aggregator engaged in a covered market-based risk-sharing transaction makes an election under subparagraph (A), the Corporation shall charge to, and collect from, the approved guarantor, approved multifamily guarantor, or approved aggregator a fee in an amount equal to the highest fee charged by Corporation for the 12-month period under the ranking made under paragraph (2)(D). (D) Opt-out not to affect reporting requirements An election made under subparagraph (A) shall not release, diminish, or otherwise affect any requirement set forth by this Act that requires an approved guarantor, approved multifamily guarantor, or approved aggregator engaged in a covered guarantee transaction or an approved aggregator engaged in a covered market-based risk-sharing transaction to furnish to the Corporation such information as the Corporation is authorized by this Act to obtain, including the annual report required to be filed with the Corporation under section 210. (c) Continuing obligation The fee required to be charged under subsection (a) shall be collected for the life of the covered security. (d) Suspension of contributions The Corporation may temporarily suspend allocations under subsection (a)(2) upon a finding by the Corporation that such allocations are contributing, or would contribute, to the financial instability of the Mortgage Insurance Fund established under section 303. (e) Rule of construction The cost of the fee required to be charged under subsection (a) shall not be borne by eligible borrowers. 502. Housing Trust Fund Section 1338 of the Safety and Soundness Act (12 U.S.C. 4568) is amended— (1) in subsection (a)(1)— (A) in the first sentence, by inserting or pursuant to section 501 of the Housing Finance Reform and Taxpayer Protection Act of 2014 section 1337 (B) in the second sentence, by inserting federally-recognized tribes and grants to (2) by striking subsection (b) and inserting the following: (b) [Reserved.] ; (3) in subsection (c)— (A) in paragraph (1), by striking Except as provided in subsection (b), the The (B) in paragraph (2)— (i) by striking (as such term is defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1997 ( 25 U.S.C. 4103 (ii) by adding at the end the following: An Indian tribe receiving grant amounts under this subsection may designate a federally recognized tribe or a tribally designated housing entity to receive such grant amounts. Nothing in this subsection shall limit or be construed to limit the ability of an Indian tribe or a tribally designated housing entity from being a permissible designated recipient of grant amounts provided by a State under this section. (C) in paragraph (3)— (i) in the heading— (I) by inserting Indian tribes and States (II) by striking by needs-based formula (ii) in subparagraph (A), by striking The Secretary shall (i) Minimum tribal distributions (I) In general The Secretary, acting through the Office of Native American Programs, shall distribute via competitive grants the amounts determined under subclause (II) and made available under this subsection to federally recognized tribes and tribally designated housing entities. (II) Amounts The total amount required to be distributed under this subclause for a fiscal year shall be the greater of $20,000,000, or 2 percent of the total amount of amounts allocated for the Housing Trust Fund under this section. (III) Use of amounts Competitive grant amounts received by a federally recognized tribe or a tribally designated housing entity under this clause may be used, or committed to use, only for those activities that are identified as eligible affordable housing activities under section 202 of the Native American Housing Assistance and Self–Determination Act of 1996 ( 25 U.S.C. 4132 (IV) Evaluation of applications (aa) In general In evaluating any application for the receipt of competitive grant amounts authorized under this clause, the Secretary, acting through the Office of Native American Programs, shall consider with respect to the federally recognized tribe applicant or tribally designated housing entity applicant and to Indian reservations and other Indian areas associated with the federally recognized tribe applicant or served by the tribally designated housing entity applicant evaluation criteria, including the following: (AA) Level of poverty on the Indian reservation or in the Indian area. (BB) Level of unemployment on the Indian reservation or in the Indian area. (CC) Condition of housing stock on the Indian reservation or in the Indian area. (DD) Level of overcrowded housing on the Indian reservation or in the Indian area, as measured by the number of households in which the number of persons per room is greater than 1. (EE) Presence and prevalence of black mold on the Indian reservation or in the Indian area. (FF) Demonstrated experience, capacity, and ability of the applicant to manage the development and construction of affordable housing, and manage affordable housing programs, including rental housing programs, homeownership programs, and programs to assist purchasers with down payments, closing costs, or interest rate buy-downs. (GG) Demonstrated ability of the applicant to meet the requirements under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. (HH) Such other criteria as may be specified by the Secretary in order to evaluate the overall quality of the proposed project, the feasibility of the proposed project, and whether the proposed project will address the housing needs on the Indian reservation or in the Indian area. (bb) Review of data In evaluating any application for the receipt of competitive grant amounts authorized under this clause, the Secretary, acting through the Office of Native American Programs, shall permit a federally recognized tribe applicant or a tribally designated housing entity applicant to supplement or replace, in whole or in part, any data compiled and produced by the Bureau of the Census and upon which the Secretary, acting through the Office of Native American Program, relies, provided such tribally-collected data meets the Department of Housing and Urban Development's standards for accuracy. (V) Treatment of funds Notwithstanding any other provision of law, competitive grant amounts received under this clause shall not be considered Federal funds for purposes of matching other Federal sources of funds. (VI) Rule of construction The requirements under clause (ii), subparagraphs (B) and (C) of this paragraph, and paragraphs (4) through (8) and paragraph (10)(A) of this subsection shall not apply to any amounts distributed under this clause to a federally recognized tribe or a tribally designated housing entity. (ii) State distributions From any amounts remaining in the Housing Trust Fund after the distribution of the amounts required under clause (i), the Secretary shall ; (iii) in subparagraph (B), by striking subparagraph (A) subparagraph (A)(ii) (iv) in subparagraph (C), by striking subparagraph (A) subparagraph (A)(ii) (D) in paragraph (4)— (i) in subparagraph (B), by striking other than fiscal year 2009 (ii) by striking subparagraph (C), and inserting the following: (C) Minimum State allocations (i) In general Except as provided in clause (ii), the minimum allocation, following the determination of the formula amount in paragraph (3), to any of the 50 States of the United States or the District of Columbia shall be $10,000,000 and the increase in any such allocation shall be deducted pro rata from the allocations made above such minimum to all other of the States (as such term is defined in section 1303). (ii) Exception If the allocation to the Housing Trust Fund under section 501(a)(2)(A) of the Housing Finance Reform and Taxpayer Protection Act of 2014 ; (E) in paragraph (5)(A)— (i) in clause (iii), by striking and (ii) by redesignating clause (iv) as clause (v); and (iii) by inserting after clause (iii) the following: (iv) set forth a plan for achieving geographic diversity, including the distribution of grant amounts to rural areas in proportion to housing needs in those areas; and . (F) in paragraph (7)(A), by striking housing under the programs identified in section 1335(a)(2)(B) of this title housing subsidized under Federal law or comparable State or local laws (G) in paragraph (7)(B)(iv), by striking section 132 section 1132 (H) in paragraph (9), by inserting (including a public housing agency) agency (I) by adding at the end the following: (11) Rule of construction Nothing in this subsection shall be construed to limit the ability of a federally recognized tribe or a tribally designated housing entity from receiving grant amounts provided by a State under this section. ; (4) in subsection (f), by adding at the end the following: (7) Tribal terms (A) In general The terms federally recognized tribe Indian area Indian tribe tribally designated housing entity 25 U.S.C. 4103 (B) Indian reservation The term Indian reservation (8) Rural area The term rural area ; and (5) in subsection (g)(2)(D)(i), by inserting , including the distribution of grant amounts to rural areas in proportion to housing needs in those areas diversity 503. Capital Magnet Fund Section 1339 of the Safety and Soundness Act (12 U.S.C. 4569) is amended— (1) in subsection (b)(1), by inserting or section 501 of the Housing Finance Reform and Taxpayer Protection Act of 2014 section 1337 (2) in subsection (c)— (A) in paragraph (1), by striking ; and (B) in paragraph (2)— (i) by inserting , activities designed to foster revitalization in areas experiencing severe economic distress and property disinvestment, including, but not limited to, demolition, property rehabilitation, and infrastructure configuration, economic development activities (ii) by inserting and tribal rural (3) in subsection (h)(2)(A), by inserting or tribal rural 504. Market Access Fund (a) Establishment The Corporation shall establish a fund, to be known as the Market Access Fund (b) Deposits The Market Access Fund shall be credited with— (1) the share of the fee charged and collected by the Corporation under section 501; and (2) such other amounts as may be appropriated or transferred to the Market Access Fund. (c) Purpose Amounts in the Market Access Fund shall be eligible for use by grantees to address the homeownership and rental housing needs of underserved or hard-to-serve populations by— (1) providing grants and loans for research, development, and pilot testing of innovations in consumer education, product design, underwriting, and servicing; (2) offering additional credit support for certain eligible mortgage loans or pools of eligible mortgage loans, such as by covering a portion of any capital required to obtain insurance from the Corporation under this Act, provided that amounts for such additional credit support do not replace borrower funds required of an eligible mortgage loan; (3) providing grants and loans, including through the use of pilot programs of sufficient scale, to support the research and development of sustainable homeownership and affordable rental programs, which programs shall include manufactured homes purchased through real estate and personal property loans and manufactured homes used as rental housing, provided that such grant or loan amounts are used only for the benefit of families whose income does not exceed 120 percent of the median income for the area as determined by the Corporation, with adjustments for family size; (4) providing limited credit enhancement, and other forms of credit support, for product and services that— (A) will increase the rate of sustainable homeownership and affordable rental housing, including manufactured homes purchased through real estate and personal property loans and manufactured homes used as rental housing, by individuals or families whose income does not exceed 120 percent of the area median income as determined by the Corporation, with adjustments for family size; and (B) might not otherwise be offered or supported by a pilot program of sufficient scale to determine the viability of such products and services in the private market; (5) providing housing counseling by a HUD-approved housing counseling agency; (6) providing incentives to achieve broader access to mortgage credit; and (7) providing grants and loans for activities designed to foster revitalization in areas experiencing severe economic distress and property disinvestment, including, but not limited to, demolition, rehabilitation, infrastructure configuration, and reuse of vacant land. (d) Annual report (1) In general The Chairperson shall, on an annual basis, report to Congress on the performance and outcome of grants, loans, or credit support programs funded by the Market Access Fund in accordance with subsection (c), including— (A) an evaluation of how each grant, loan, or credit support program— (i) succeeded in meeting or failed to meet the need of certain populations, especially extremely low-, very low-, low-, and moderate-income and underserved or hard-to-serve populations; and (ii) succeeded in maximizing or failed to maximize the leverage of public investment made for each such grant, loan, or credit support program; and (B) for each award of funds for a grant, loan, or credit support program by the Market Access Fund— (i) the recipient of the funds; (ii) the purpose for which the recipient received the funds; (iii) the amount of funds provided to the recipient; and (iv) the amount of funds, excluding administrative costs, that are used to directly meet the purpose identified under clause (ii), including meeting the housing needs of extremely low-, very low-, low-, and moderate-income and underserved or hard-to-serve populations. (2) Inclusion in annual report The Chairperson shall include the report required under paragraph (1) in the annual report required under section 206. 505. Additional taxpayer protections (a) Not to be used for political activities Consistent with the existing requirements under sections 1338(c)(10)(D) and 1339(h)(5) of the Safety and Soundness Act ( 12 U.S.C. 4568(c)(10)(D) (1) political activities; (2) political advocacy; (3) lobbying, whether directly or through other parties; (4) influencing the selection, nomination, election, or appointment of 1 or more candidates to any Federal, State or local office; (5) personal counseling services; (6) travel expenses; and (7) preparing or providing advice on tax returns. (b) Penalties (1) Civil money penalty If an eligible recipient or any other individual in receipt of grant amounts described by this section violates any provision of subsection (a), the Secretary of Housing and Urban Development, the Secretary of the Treasury, or the Corporation, as the case may be, may impose a civil penalty on such recipient or individual, as the case may be, of not more than $1,000,000 for each violation. (2) Criminal penalties Whoever, being subject to the provisions of subsection (a), knowingly participates, directly or indirectly, in any manner in conduct that results in a violation of such provisions shall, notwithstanding section 3571 (3) Rule of construction The penalties imposed under paragraphs (1) or (2) shall be in addition to any other available civil remedy or any other available criminal penalty and may be imposed whether or not the Secretary of Housing and Urban Development, the Secretary of the Treasury, or the Corporation, as the case may be, imposes other administrative sanctions. (c) Definitions As used in this section— (1) the term covered grantee (A) for purposes of the Housing Trust Fund, a State or State designated entity; (B) for purposes of the Capital Magnet Fund, an eligible grantee as described under section 1339(e) of the Safety and Soundness Act ( 12 U.S.C. 4569(e) (C) for purpose of the Market Access Fund, an eligible grantee as described under section 504(c); (2) the term eligible recipient (A) for purposes of the Housing Trust Fund, a recipient as described under section 1338(c)(9) of the Safety and Soundness Act ( 12 U.S.C. 4568(c)(9) (B) for purposes of the Capital Magnet Fund, a recipient of assistance from the Capital Magnet Fund; and (C) for purposes of the Market Access Fund, a recipient of assistance from the Market Access Fund; (3) the term Capital Magnet Fund 12 U.S.C. 4569 (4) the term Housing Trust Fund 12 U.S.C. 4568 (d) Rule of construction Nothing in subsection (a) shall be construed to prevent funds from being used for— (1) HUD-approved housing counseling services; (2) financial literacy education; or (3) application fees, permits, or other construction-related expenses, if funds are authorized for such construction. 506. Promoting affordable housing investment (a) Housing and Community Development Act of 1992 Paragraph (6) of section 542(c) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-22(c)) is amended to read as follows: (6) Ginnie Mae securitization The Government National Mortgage Association may, at the discretion of the Secretary, securitize any multifamily loan insured under this subsection, provided that— (A) the Federal Housing Administration provides mortgage insurance based on the unpaid principal balance of the loan, as shall be described by regulation; (B) the Federal Housing Administration shall not require an assignment fee for mortgage insurance claims related to the securitized mortgages; (C) the risk-sharing agreement must provide for reimbursement to the Secretary by the risk share partner or partners for either all or a portion of the losses incurred on the loans insured, regardless of whether the servicing rights or other related mortgage interest have been transferred to a different entity; and (D) any entity that subsequently acquires the servicing rights or other related mortgage interest of the risk share partner or partners shall not assume any obligation under the risk-sharing agreement. . (b) National Housing Act Clause (ii) of the first sentence of section 306(g)(1) of the National Housing Act (12 U.S.C. 1721(g)(1)) is amended— (1) by striking the semicolon and inserting a comma; and (2) by inserting before the period at the end the following: , or which are insured under subsection (c) of section 542 of the Housing and Community Development Act of 1992 (12 U.S.C.1715z-22), subject to the terms of subsection (c)(6) of such section (c) Effective date; sunset (1) Effective date The amendments made by this section shall take effect beginning on October 1, 2014. (2) Sunset The amendments made by this section shall expire on September 30, 2021. Effective October 1, 2021, the provisions of paragraph (6) of section 542(c) of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z-22(c) VI Transition and termination of Fannie Mae and Freddie Mac 601. Minimum housing finance system criteria to be met prior to system certification date (a) System certification date The system certification date shall be the date that the Board of Directors, in its sole discretion, certifies by a majority vote that— (1) the Corporation is able to undertake, in a manner found satisfactory to the Board, the duties specified by this Act, and any amendments made by this Act; and (2) all the minimum criteria set forth under subsection (b) with respect to the new housing finance system have been fully satisfied. (b) Minimum housing finance system criteria The Board of Directors shall consider the following minimum criteria in determining whether to certify that the new housing finance system is ready: (1) Taxpayer protection The Department of the Treasury advised the Board of Directors that laws and contracts are in place to provide for compensation to the Department for its support of the enterprises and the housing finance system. (2) Securitization platform and standardized securities The Securitization Platform is developed and able to issue standardized securities for the single-family covered securities market. (3) Small lender mutuals At least 1 small lender mutual is fully operational and able to undertake the duties specified in section 315. (4) Approved entities A sufficient number of approved entities have been approved pursuant the provisions of subtitle B of title III— (A) to assume a reasonable level of first loss position through approved guarantors or through approved credit risk-sharing mechanisms established under section 302; and (B) to generate a substantial volume of secondary mortgage market activity with respect to eligible single-family mortgage loans collateralizing single-family covered securities insured in accordance with this Act. (5) Multifamily market (A) Well-functioning multifamily market The Corporation has approved multiple multifamily guarantors pursuant to title VII who are providing sufficient multifamily financing in the primary, secondary, and tertiary geographical markets, including in rural markets and through a diversity of experienced multifamily lenders. (B) Requirements of the Act Approved multifamily guarantors are meeting the requirements of this Act. (C) Competitive market There is a competitive multifamily market for approved multifamily guarantors engaging in multifamily covered securities. (D) Rule of construction Noncompliance with the requirements of this Act by any individual approved multifamily guarantor shall not constitute grounds to prevent system certification. (c) Rule of construction The Corporation shall take all steps necessary to meet each minimum housing finance system criteria set forth under subsection (b) as expeditiously and efficiently as practicable. The Corporation may commence providing guarantees on single-family or multifamily covered securities prior to meeting all the minimum housing finance system criteria set forth under subsection (b). (d) Notification to Congress (1) In general The Chairperson shall promptly submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a written notification that the Board of Directors has certified that the criteria set forth under subsection (b) have been met. (2) Timing The Corporation shall provide the notification required under paragraph (1) not later than 5 years after the date of enactment of this Act. (3) Deadline extensions (A) First extension If the Board of Directors is unable to make the certification required by this section prior to the deadline required in paragraph (2), the Board of Directors may, with an affirmative vote of the majority of the Board, extend the deadline an additional 2 years. (B) Second extension If, after the expiration of the first extension of 2 years, the Board of Directors is unable to make the certification required by this section, the Board of Directors may, with an affirmative vote of at least 2/3 (C) Additional extensions If, after the expiration of the second extension of 2 years, the Board of Directors is unable to make the certification required by this section, the Board of Directors may, with a unanimous affirmative vote of the Board and upon the written agreement of the Chairman of the Board of Governors of the Federal Reserve System and the Secretary of the Treasury, and in consultation with the Secretary of Housing and Urban Development, extend the deadline an additional year, and annually thereafter utilizing the same process described in this subparagraph until such time as the Board of Directors makes the certification required by this section. 602. Transition of the housing finance system (a) Transition plan The Transition Committee established under section 404 shall develop a transition plan not later than 12 months after the date of enactment of this Act to facilitate an orderly transition to the new housing finance system authorized by this Act. (b) Contents of plan The transition plan required under subsection (a) shall include— (1) estimated timeframes by which to achieve the minimum housing finance system criteria set forth under section 601(b) within 5 years after the date of enactment of this Act; (2) detailed actions that the Corporation will take to achieve such minimum criteria; (3) estimated timeframes and detailed actions that the Corporation, including the Federal Housing Finance Agency, will take to provide an orderly wind down of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation; (4) a detailed inventory of all intellectual property owned, held, or licensed by the enterprises, including patents, trademarks, software, credit evaluation systems, and data and information on mortgage performance and plans for utilizing any such intellectual property, technology, infrastructure, or processes of the enterprises in effecting the transition plan; (5) a description of and updates on the ongoing operations of the Corporation, including the operations of the Federal Housing Finance Agency; (6) detailed plans and timeframes for establishing, as soon as practicable, a multifamily covered securities market; (7) detailed plans and timeframes for establishing, as soon as practicable, a standardized security issued through the Securitization Platform for the single-family covered securities market; and (8) detailed plans for increasing the level of credit risk-sharing in the secondary mortgage market. (c) Considerations (1) In general For purposes of facilitating an orderly transition to the new housing finance system authorized by this Act, the Corporation shall consider in determining how to best fulfill the requirements of this title the estimated impact of various transition options with respect to the following: (A) Housing prices and affordability. (B) The effectiveness of consumer protections in the housing market. (C) Volume and characteristics of mortgage loan originations. (D) The condition of the rental housing market. (E) Small lender participation in the secondary mortgage market. (F) Access to credit in rural and underserved communities. (G) Competition among market participants. (H) The condition of the multifamily housing market. (I) Innovation among secondary mortgage market participants. (J) Taxpayer repayment. (K) Private capital in the secondary mortgage market. (2) Inclusion in annual report A description and analysis of each consideration required under paragraph (1) shall be included in the report required to be submitted to Congress under subsection (d). (d) Report to Congress (1) In general Not later than 12 months after the date of enactment of this Act and in accordance with section 404(c)(2), the Transition Committee shall submit the transition plan required under subsection (a) to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. (2) Updates Not later than 1 year after the date on which the transition plan is submitted under paragraph (1) and annually thereafter until the system certification date, the Chairperson shall— (A) update the transition plan, subject to the requirements of subsection (b); and (B) submit such updated plan to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. 603. Resolution authority; technical amendments (a) Effective date The amendments made by this section shall take effect on the agency transfer date. (b) Federal Housing Enterprises Financial Safety and Soundness Act of 1992 Section 1367 of the Safety and Soundness Act ( 12 U.S.C. 4617 (1) by striking stockholder stockholders shareholder, member, shareholders, members, (2) by striking wind up winding up wind down winding down (3) in subsection (a)— (A) in paragraph (3)(G), by striking , and there is no reasonable prospect for the regulated entity to become adequately capitalized (as defined in section 1364(a)(1)) (B) by striking paragraph (3)(J) and inserting the following: (J) Insolvency The regulated entity is insolvent or near-insolvent. ; (C) by striking paragraph (3)(K); (D) by redesignating paragraph (3)(L) as paragraph (3)(K); and (E) in paragraph (4)(B)— (i) in the heading, by striking critically undercapitalized regulated entity insolvent or near-insolvent regulated entities (ii) in the matter preceding clause (i), by striking critically undercapitalized insolvent or near-insolvent (iii) in clause (i), by striking critically undercapitalized insolvent or near-insolvent (4) in subsection (b)— (A) in paragraph (2)(B)— (i) in clause (iii), by adding and conservator or receiver; (ii) by striking clause (iv); and (iii) by redesignating clause (v) as clause (iv); (B) in paragraph (2)(H), by striking of proceeds realized from the performance of contracts or sale of the assets of a regulated entity that funds are available (C) in paragraph (2)(I)(i)(I), by striking section 1348 part II of this subtitle (D) in paragraph (2)(I)(iii), by striking section 1317 or 1379B subtitle B of this Act (E) by striking paragraph (3)(A) and inserting the following: (A) In general The Agency— (i) may, as receiver, determine claims in accordance with the requirements of this subsection and any regulations prescribed under paragraph (4); and (ii) may define the term creditor ; (F) in paragraph (3)(B), by striking closed (G) in paragraph (5)(D)(iii)(II), by inserting legally enforceable and perfected security interest (H) by striking paragraph (7); (I) by redesignating paragraphs (8) through (19) as paragraphs (7) through (18), respectively; and (J) in paragraph (10)(E), as so redesignated— (i) in clause (ii), by striking ; and (ii) in clause (iii), by striking the period and inserting a semicolon; and (iii) by adding at the end the following: (iv) prohibits discrimination on the basis of race, sex, or ethnic group in the solicitation or consideration of offers; and (v) mitigates the potential for serious adverse effects to the financial system. ; and (5) by striking subsection (c) and inserting the following: (c) Priority of expenses and unsecured claims (1) In general Unsecured claims against a regulated entity, or the receiver therefor, that are proven to the satisfaction of the receiver shall have priority in the following order: (A) Claims of the receiver for administrative expenses. (B) Any amounts owed to the United States, unless the United States agrees or consents otherwise. (C) Wages, salaries, or commissions, including vacation, severance, and sick leave pay earned by an individual (other than an individual described in subparagraph (F)), but only to the extent of $12,475 for each individual (as indexed for inflation, by regulation of the Agency) earned not later than 180 days before the date of appointment of the Agency as receiver. (D) Contributions owed to employee benefit plans arising from services rendered not later than 180 days before the date of appointment of the Agency as receiver, to the extent of the number of employees covered by each such plan, multiplied by $12,475 (as indexed for inflation, by regulation of the Agency), less the aggregate amount paid to such employees under subparagraph (C), plus the aggregate amount paid by the receivership on behalf of such employees to any other employee benefit plan. (E) Any claim arising solely from a covered guarantee transaction involving the regulated entity. (F) Any other general or senior liability of the regulated entity (which is not a liability described under subparagraph (G), (H), or (I)). (G) Any obligation subordinated to general creditors (which is not an obligation described under subparagraph (H) or (I)). (H) Any wages, salaries, or commissions, including any vacation, severance, and sick leave pay earned, owed to senior executives and directors of the regulated entity. (I) Any obligation to shareholders or members arising as a result of their status as shareholders or members. (2) Claims of the United States Unsecured claims of the United States shall, at a minimum, have a higher priority than liabilities of the regulated entity that count as regulatory capital. (3) Creditors similarly situated All creditors that are similarly situated under paragraph (1) shall be treated in a similar manner, except that the receiver may take any action (including making payments) that does not comply with this subsection, if— (A) the Agency determines that such action is necessary to— (i) maximize the value of the assets of the regulated entity; (ii) maximize the present value return from the sale or other disposition of the assets of the regulated entity; (iii) initiate and continue operations essential to implementation of the receivership or any limited-life regulated entity; (iv) minimize the amount of any loss realized upon the sale or other disposition of the assets of the regulated entity; or (v) preserve the financial stability of the United States; and (B) all creditors that are similarly situated under paragraph (1) receive not less than the amount provided in subsection (f)(2). (4) Definition As used in this subsection, the term administrative expenses of the receiver (A) the actual, necessary costs and expenses incurred by the receiver in preserving the assets of a failed regulated entity or liquidating or otherwise resolving the affairs of a failed regulated entity; and (B) any obligations that the receiver determines are necessary and appropriate to facilitate the smooth and orderly liquidation or other resolution of the regulated entity. ; (6) by redesignating subsections (d) through (j) as subsections (e) and (k), respectively; (7) by inserting after section (c) the following: (d) Subrogation (1) In general Notwithstanding any other provision of Federal law, the law of any State, or the constitution of any State, the Agency, upon the payment to any person as provided in subsection (c) in connection with any covered guarantee transaction (as that term is defined in section 2 of the Housing Finance Reform and Taxpayer Protection Act of 2014 (2) Dividends on subrogated amounts The subrogation of the Agency under paragraph (1) with respect to any regulated entity shall include the right on the part of the Agency to receive the same dividends, fees, or other amounts from the proceeds of the assets of such regulated entity and recoveries on account of stockholders’ liability as would have been payable to the person on a claim related to the covered guarantee transaction. (3) Waiver of certain claims The Agency shall waive, in favor only of any person against whom stockholders’ individual liability may be asserted, any claim on account of such liability in excess of the liability, if any, to the regulated entity or its creditors, for the amount unpaid upon such stock in such regulated entity, but any such waiver shall be effected in such manner and on such terms and conditions as will not increase recoveries or dividends on account of claims to which the Agency is not subrogated. ; (8) in subsection (e), as so redesignated— (A) in paragraph (8), by adding at the end the following: (H) Recordkeeping The Agency may prescribe regulations requiring that regulated entities maintain such records with respect to qualified financial contracts (including market valuations) that the Agency determines to be necessary or appropriate in order to assist the Agency as receiver for a regulated entity in being able to exercise its rights and fulfill its obligations under this paragraph or paragraph (9) or (10). ; (B) by striking paragraph (9) and inserting the following: (9) Transfer of qualified financial contracts (A) In general In making any transfer of assets or liabilities of a regulated entity in default which includes any qualified financial contract, the conservator or receiver for such regulated entity shall either— (i) transfer to 1 person, other than a person for which a conservator, receiver, trustee in bankruptcy, or other legal custodian has been appointed or which is otherwise the subject of a bankruptcy or insolvency proceeding— (I) all qualified financial contracts between any person (or any affiliate of such person) and the regulated entity in default; (II) all claims of such person (or any affiliate of such person) against such regulated entity under any such contract (other than any claim which, under the terms of any such contract, is subordinated to the claims of general unsecured creditors of such regulated entity); (III) all claims of such regulated entity against such person (or any affiliate of such person) under any such contract; and (IV) all property securing, or any other credit enhancement for any contract described in subclause (I), or any claim described in subclause (II) or (III) under any such contract; or (ii) transfer none of the financial contracts, claims, or property referred to under clause (i) (with respect to such person and any affiliate of such person). (B) Transfer to foreign bank, financial institution, or branch or agency thereof In transferring any qualified financial contracts and related claims and property under subparagraph (A)(i), the Agency as receiver for a regulated entity shall not make such transfer to a foreign person unless, under the law applicable to such foreign person, to the qualified financial contracts, and to any netting contract, any security agreement or arrangement or other credit enhancement related to 1 or more qualified financial contracts, the contractual rights of the parties to such qualified financial contracts, netting contracts, security agreements or arrangements, or other credit enhancements, are enforceable substantially to the same extent as permitted under this section. ; and (C) in paragraph (13)(C)(ii)— (i) by redesignating subclause (III) as subclause (IV); (ii) by striking and (iii) by inserting after subclause (II) the following: (III) apply to the rights of parties to netting contracts pursuant to subtitle A of title IV of the Federal Deposit Insurance Corporation Improvement Act of 1991 (12 U.S.C. 4401 et seq.); or ; (9) in subsection (g), as so redesignated— (A) by striking section or at the request of the Director title (B) by striking a conservator or a receiver the conservator or receiver hereunder, and any remedy against the Agency as conservator or receiver shall be limited to money damages determined in accordance with this title (10) in subsection (j), as so redesignated— (A) in paragraph (1)(A)(ii), by striking shall may (B) in paragraph (2)— (i) in the heading, by striking Charter and establishment Establishment of Limited-Life Regulated Entities (ii) by striking subparagraph (A) and inserting the following: (A) Transfer of registered status If the Agency is appointed as receiver for an enterprise, the limited-life regulated entity established under this subsection with respect to such enterprise shall, by operation of law and immediately upon its organization, succeed to the registered status of the enterprise and thereafter operate in accordance with, and subject to, this Act and any other provision of law to which an enterprise is subject, except as otherwise provided in this subsection. ; (C) in paragraph (3)— (i) in the heading, by inserting and operating funds Capital stock (ii) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; (iii) by inserting prior to subparagraph (B), as so redesignated, the following: (A) Capital not required Notwithstanding any other provision of Federal or State law, a limited-life regulated entity may, if permitted by the Agency, operate without any capital or surplus as the Agency may in its discretion determine to be appropriate. ; (iv) in subparagraph (B), as so redesignated, by striking No agency requirement No contribution by the Agency required (v) by adding at the end the following: (D) Operating funds Upon the organization of a limited-life regulated entity, and thereafter, as the Agency may, in its discretion, determine to be necessary or advisable, the Agency may make available to the limited-life regulated entity, upon such terms and conditions and in such form and amounts as the Agency may in its discretion determine, funds for the operation of the limited-life regulated entity in lieu of capital. ; (D) in paragraph (6)— (i) in the heading, by striking Winding up Winding down (ii) by striking subparagraph (A) and inserting the following: (A) In general Subject to subparagraph (B), the Agency shall wind down the affairs of a limited-life regulated entity established under this subsection— (i) with respect to a Federal Home Loan Bank, not later than 2 years after the date of its organization; and (ii) with respect to an enterprise, within such period of time as the Agency determines to be necessary and appropriate. ; and (iii) in subparagraph (B), by inserting established under this subsection with respect to a Federal Home Loan Bank limited-life regulated entity (E) in paragraph (7)(A)(iv)— (i) in the matter preceding subclause (I), by inserting the Agency determines that such actions are necessary to that do not comply with this clause, if (ii) by striking subclauses (I) and (II) and inserting the following: (I) maximize the value of the assets of the regulated entity; (II) maximize the present value return from the sale or other disposition of the assets of the regulated entity; (III) initiate and continue operations essential to the implementation of the limited-life regulated entity; (IV) minimize the amount of any loss realized upon the sale or other disposition of the assets of the regulated entity; (V) preserve the financial stability of the United States; and (VI) ensure that all creditors that are similarly situated under subsection (c)(1) receive not less than the amount provided in subsection (f)(2). ; and (F) in paragraph (11)(C)— (i) in clause (i), in the matter preceding subclause (I), by striking (other than mortgages that collateralize the mortgage-backed securities issued or guaranteed by an enterprise) (ii) by inserting at the end the following: (ii) Hearing The hearing required pursuant to this subparagraph shall be before a court of the United States, which shall have jurisdiction to conduct such hearing and to authorize the limited-life regulated entity to obtain secured credit under clause (i). ; and (11) by striking subsection (k)(relating to charter revocation), as so designated by Public Law 110–289. (c) Rule of construction Nothing in this Act, or any amendments made by this Act, except as may be explicitly provided for in this Act, or any amendment made by this Act, shall be deemed to alter the powers, authorities, rights, or duties that are vested in the Federal Housing Finance Agency or the Director thereof with respect to supervision and regulation of the enterprises, until such time as the Federal Housing Finance Agency and the position of the Director are transferred in accordance with title IV of this Act. 604. Wind down (a) Authority of FHFA Director (1) In general Beginning on the date of enactment of this Act and ending on the system certification date, the FHFA Director, in consultation with the Corporation, shall take such action, and may prescribe such regulations and procedures, as may be necessary to wind down the operations of the enterprises in an orderly manner that complies with the requirements of this Act and any amendments made by this Act. (2) Limitation Notwithstanding any authority granted to the FHFA Director under paragraph (1)— (A) the sale, exchange, license, or other disposition of any asset for value subject to the wind down required under this section shall be prohibited, if the Corporation— (i) in its discretion determines that such sale, exchange, license, or disposition would materially interfere with the ability of the Corporation to carry out the requirements of this Act; and (ii) notifies, in writing, the FHFA Director within 14 days of such determination; and (B) the Corporation may direct the conservator of the enterprises to sell, exchange, license, or otherwise dispose of any asset for value subject to the wind down required under this section, if the Board of Directors certifies by a majority vote that— (i) not completing such sale, transfer, exchange, license, or other disposition for value would be inconsistent with the transition plan approved pursuant to section 602; and (ii) such sale, transfer, exchange, license, or disposition for value would not violate the duties of the conservator. (b) Authority of Corporation Beginning on the system certification date, the Corporation shall take such action, and may prescribe such regulations and procedures, as may be necessary to wind down the operations of the enterprises in an orderly manner that complies with the requirements of this Act and any amendments made by this Act. (c) Resolution plan (1) In general Each enterprise shall develop a resolution plan in order to facilitate an orderly transition to the new housing finance system authorized by this Act. (2) Timing Each resolution plan required to be developed under paragraph (1) shall be submitted to the FHFA Director not later than 90 days after the agency transfer date. (3) Contents of plans Each resolution plan required to be developed under paragraph (1) shall include a full description and valuation of the assets, liabilities, and contractual obligations of the enterprise, and any other information that the FHFA Director may require. (4) Retention of authority Notwithstanding any provision of a resolution plan required to be developed under paragraph (1), the Federal Housing Finance Agency and the Corporation shall retain and exercise full discretion to the extent that either the Agency or the Corporation utilizes or relies on such a resolution plan, either in whole or in part, in fulfilling any duty or responsibility required by this Act. (5) Public summary After reviewing each resolution plan required to be developed under paragraph (1), the Corporation shall make available to the public a summary of each such resolution plan. (6) Valuation study After reviewing each resolution plan required to be developed under paragraph (1), the Corporation shall conduct a valuation study of each enterprise’s business segments, including any technology, business unit, legacy book, and other assets and liabilities that may be sold for value in a manner consistent with the purposes and requirements of this Act. (d) Prohibition on new business (1) Federal National Mortgage Association (A) New business prohibited Effective on the system certification date, the Federal National Mortgage Association shall have no authority to conduct new business under the Federal National Mortgage Association Charter Act. (B) New business defined For purposes of subparagraph (A), the term new business (i) purchase of, servicing of, or dealing in any insured or conventional mortgages by the Federal National Mortgage Association under section 302(b) of the Federal National Mortgage Association Charter Act ( 12 U.S.C. 1717(b) (ii) purchase of a mortgage by the Federal National Mortgage Association in its secondary mortgage market operations under section 304(a) of the Federal National Mortgage Association Charter Act ( 12 U.S.C. 1719(a) (iii) issue of an obligation of the Federal National Mortgage Association under section 304(b) of the Federal National Mortgage Association Charter Act ( 12 U.S.C. 1719(b) (I) bonds, notes, debentures, and other similar instruments; (II) capital lease obligations; (III) obligations in respect of letters of credit, bankers acceptances, or other similar instruments; (IV) guarantees of new securities based on mortgages set aside; and (V) swap, security-based swap, derivative product, or other similar instrument; (iv) setting aside of any mortgages held by the Federal National Mortgage Association and any new issue and sale of securities based on the mortgages so set aside under section 304(d) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1719(d)); and (v) issue of a subordinated obligation of the Federal National Mortgage Association under section 304(e) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1719(e)). (C) Exclusion from new business The term new business (i) purchase by the Federal National Mortgage Association of a non-performing mortgage from a pool of mortgages previously set aside by the enterprise; (ii) issue of an obligation of the Federal National Mortgage Association if, after giving effect to the issuance, the aggregate amount of such obligations does not exceed 120 percent of the amount of mortgage assets permitted to be owned by the enterprise under section 605; (iii) setting aside of mortgages previously set aside by the Federal National Mortgage Association, or any new issue and sale of securities based on the mortgages so previously set aside, to refund or replace an outstanding issue of securities based on mortgages previously set aside, if the face amount of the refunding or replacing mortgage-backed securities does not exceed the face amount of the mortgage-backed securities being refunded or replaced; (iv) transfer of guarantees of mortgage-backed securities guaranteed by the Federal National Mortgage Association if the mortgage loans collateralizing such securities are refinanced, regardless of the value of the underlying collateral and the homeowner’s current employment status and income; or (v) entry into any swap, security-based swap, or other similar instrument, or purchase of sale of any derivative product, or other similar instrument, to facilitate the orderly wind down of the Federal National Mortgage Association and appropriate loss mitigation on any outstanding guarantees of the Federal National Mortgage Association under section 605. (D) New business prohibition not to affect outstanding enterprise debt or guarantees Nothing in subparagraph (A) shall adversely affect the rights and obligations of any holders of— (i) outstanding debt obligations of the Federal National Mortgage Association, including any— (I) bonds, notes, debentures, or other similar instruments; (II) capital lease obligations; (III) obligations in respect of letters of credit, bankers’ acceptances, or other similar instruments; or (IV) swap, security-based swap, derivative product, or other similar instrument; or (ii) mortgage-backed securities guaranteed by the Federal National Mortgage Association. (2) Federal Home Loan Mortgage Corporation (A) New business prohibited Effective on the system certification date, the Federal Home Loan Mortgage Corporation shall have no authority to conduct new business under the Federal Home Loan Mortgage Corporation Act. (B) New business defined For purposes of subparagraph (A), the term new business (i) purchase of, servicing of, or dealing in any insured or conventional mortgages by the Federal Home Loan Mortgage Corporation under section 305(a) of the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1454(a) (ii) issue of an obligation of the Federal Home Loan Mortgage Corporation under section 306(a) of the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1455(a) (I) bonds, notes, debentures, and other similar instruments; (II) capital lease obligations; (III) obligations in respect of letters of credit, bankers acceptances, or other similar instruments; (IV) guarantees of new securities based on mortgages set aside; and (V) swap, security-based swap, derivative product, or other similar instrument; (iii) issue of mortgage-backed securities under the Federal Home Loan Mortgage Corporation Act; and (iv) issue of a subordinated obligation of the Federal Home Loan Mortgage Corporation under the Federal Home Loan Mortgage Corporation Act. (C) Exclusion from new business The term new business (i) purchase by the Federal Home Loan Mortgage Corporation of a non-performing mortgage from a pool of mortgages previously set aside by the enterprise; (ii) issue of an obligation of the Federal Home Loan Mortgage Corporation if, after giving effect to the issuance, the aggregate amount of such obligations does not exceed 120 percent of the amount of mortgage assets permitted to be owned by the enterprise under section 605; (iii) issue of mortgage-backed securities, to refund or replace an outstanding issue of mortgage-backed securities, if the face amount of the refunding or replacing mortgage-backed securities does not exceed the face amount of the mortgage-backed securities being refunded or replaced; (iv) transfer of guarantees of mortgage-backed securities guaranteed by the Federal Home Loan Mortgage Corporation if the mortgage loans collateralizing such securities are refinanced, regardless of the value of the underlying collateral and the homeowner’s current employment status and income; or (v) entry into any swap, security-based swap, or other similar instrument, or purchase of sale of any derivative product, or other similar instrument, to facilitate the orderly wind down of the Federal Home Loan Mortgage Corporation and appropriate loss mitigation on any outstanding guarantees of the Federal Home Loan Mortgage Corporation under section 605. (D) New business prohibition not to affect outstanding enterprise debt or guarantees Nothing in subparagraph (A) shall adversely affect the rights and obligations of any holders of— (i) outstanding debt obligations of the Federal Home Loan Mortgage Corporation, including any— (I) bonds, notes, debentures, or other similar instruments; (II) capital lease obligations; (III) obligations in respect of letters of credit, bankers’ acceptances, or other similar instruments; or (IV) swap, security-based swap, derivative product, or other similar instrument; or (ii) mortgage-backed securities guaranteed by the Federal Home Loan Mortgage Corporation. (3) Rule of construction The prohibition on new business by the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation set forth in paragraphs (1) and (2) shall not prohibit, nor be construed to prohibit, the Corporation from managing such entity. (4) Existing guarantee obligations (A) Explicit guarantee The full faith and credit of the United States is pledged to the payment of all amounts which may be required to be paid under any obligation described under paragraphs (1) and (2), including any obligation issued on or after the system certification date to refund or replace an obligation that was outstanding on the day before the system certification date. (B) Loan eligibility The enterprises shall include as eligible loans for the purposes of refinancing all current loans that qualify as eligible mortgage loans and meet those underwriting requirements for eligibility for same servicer refinancing, except that the enterprises may not disqualify or impose varying rules based on loan-to-value, combined loan-to-value, employment status, or income with regard to refinancing mortgage loans that collateralize mortgage-backed securities issued by an enterprise prior to the system certification date. (C) Continued dividend payments Notwithstanding the provisions of this section or any other provision of law, provision 2(a) (relating to Dividend Payment Dates and Dividend Periods) and provision 2(c) (relating to Dividend Rates and Dividend Amount) of the Senior Preferred Stock Purchase Agreement, or any provision of any certificate in connection with such Agreement creating or designating the terms, powers, preferences, privileges, limitations, or any other conditions of the Variable Liquidation Preference Senior Preferred Stock of an enterprise issued pursuant to such Agreement— (i) shall not be amended, restated, or otherwise changed to reduce the rate or amount of dividends in effect pursuant to such Agreement as of the Third Amendment to such Agreement dated August 17, 2012, except that any amendment to such Agreement shall be permitted if it facilitates the sale of assets of the enterprises to facilitate compliance with this title; and (ii) shall remain in effect until the guarantee obligations described under paragraphs (1) and (2) are fully extinguished. (D) Applicability Notwithstanding the provisions of this section, all guarantee fee amounts derived from the mortgage guarantee business of the enterprises in existence as of the system certification date, after satisfying the fee amounts required to be collected by section 1327 of the Safety and Soundness Act (12 U.S.C. 4547), shall be subject to the terms of the Senior Preferred Stock Purchase Agreement. (e) Charters revoked Effective upon the date the guarantee obligations under subsection (d)(4)(A) are fully extinguished: (1) The Federal National Mortgage Association Charter Act is repealed, except as the provisions of such Act relate to the establishment, purposes, powers, authorities, duties, supervision, administration, and management of the Government National Mortgage Association. (2) The Federal Home Loan Mortgage Corporation Act is repealed. (f) Authority to insure outstanding mortgage-backed securities; mortgage-backed securities of the enterprises (1) Authority to insure mortgage-backed securities; authority to develop enterprise mortgage-backed securities After the agency transfer date, and subject to such procedures, standards, terms, and conditions as may be adopted by the Corporation under paragraph (2), the Corporation may— (A) upon application and in exchange for a fee determined by the Corporation, provide insurance on outstanding mortgage-backed securities issued by the enterprises; and (B) facilitate, including through the operations of the enterprises or the utilization of the Platform, the— (i) exchange of mortgage-backed securities issued by either enterprise for covered securities; (ii) exchange of mortgage-backed securities issued by 1 enterprise for those of the other enterprise; (iii) issuance of mortgage-backed securities by both enterprises through a single issuer; and (iv) issuance of real estate mortgage investment conduit securities, consisting of mortgage-backed securities issued by the enterprises. (2) Development of procedures, standards, terms, and conditions The Corporation shall develop and adopt procedures, standards, terms, and conditions to enable the Corporation and each of the enterprises, as applicable, to implement each of the activities described in paragraph (1). (3) Required procedures, standards, terms, and conditions In the development and adoption of the procedures, standards, terms, and conditions required under paragraph (2), the Corporation shall consider the effect of each activity with respect to the following: (A) Lender access to the secondary mortgage market. (B) The liquidity and trading price of existing enterprise mortgage-backed securities. (C) The ability of market participants and the enterprises to issue new mortgage-backed securities. (D) The cost to the enterprises or the Corporation to exchange, restructure, or insure mortgage-backed securities. (g) Report to Congress (1) In general Prior to the agency transfer date, the FHFA Director shall submit a study considering the feasibility of activities described in subsection (f)(1) to— (A) the Committee on Banking, Housing, and Urban Affairs of the Senate; (B) the Committee on Financial Services of the House of Representatives; and (C) the Corporation. (2) Updates Following the agency transfer date, the Corporation shall provide updates on the activities described in subsection (f)(1) in the transition plan (and in each annual update thereof) required under section 602. (h) Division of assets and liabilities; authority to establish holding companies, trusts, and subsidiaries (1) In general The action and procedures required under subsection (a)— (A) shall include the establishment and execution of plans to manage assets toward the liquidation of liabilities and provide for an equitable division, distribution, and liquidation of the assets and liabilities of an enterprise, including any infrastructure, property, including intellectual property, historic data, platforms, or any other thing or object of value, provided such plan complies with the requirements of this Act and any amendments made by this Act; (B) may provide for the establishment of— (i) a holding corporation organized under the laws of any State of the United States or the District of Columbia for the purpose of winding down an enterprise or both enterprises; (ii) 1 or more trusts to which to transfer— (I) outstanding debt obligations of an enterprise or both enterprises; or (II) outstanding mortgages held for the purpose of collateralizing mortgage-backed securities guaranteed by an enterprise or both enterprises; and (iii) 1 or more subsidiaries or joint ventures with private entities for the purposes of facilitating an orderly wind down of one enterprise or both enterprises and the transition to the new housing finance system; (C) may include the sale as a going concern of any holding company, trust, subsidiary, or joint venture with a private entity established by an enterprise under this subsection; and (D) may provide that any holding company, trust, subsidiary, or joint venture sold as a going concern may be utilized to facilitate the formation of— (i) a small lender mutual under section 315; (ii) an approved guarantor; (iii) an approved multifamily guarantor; (iv) an approved aggregator; or (v) the Securitization Platform. (2) Rule of construction Any holding company, trust, subsidiary, or joint venture established by an enterprise before or after the agency transfer date is eligible to be sold by the Federal Housing Finance Agency as a going concern for the purposes described in this section. (i) Recoupment by senior preferred shareholders (1) Maximum return to senior preferred shareholders The wind down of each enterprise required under this section shall be managed by the Corporation to obtain resolutions that maximize the return for the senior preferred shareholders, to the extent that such resolutions— (A) are consistent with the goals of facilitating— (i) a deep, liquid, and resilient secondary mortgage market for single-family and multifamily mortgage-backed securities in order to support access to mortgage credit in the primary mortgage market; and (ii) an orderly transition from housing finance markets facilitated by the enterprises to housing finance markets facilitated by the Corporation with minimum disruption in the availability of mortgage credit; (B) are consistent with applicable Federal and State law; (C) comply with the requirements of this Act and the amendments made by this Act; and (D) protect the taxpayer from having to absorb losses incurred in the secondary mortgage market. (2) Sale of certain assets as a going concern (A) Sale for value If the Federal Housing Finance Agency makes the determinations in subparagraph (B), the Federal Housing Finance Agency may conduct a sale, exchange, license, or other disposition for value of any line of business of an enterprise, or any function, activity, asset, intellectual property, or service of an enterprise, as a going concern. (B) Required determinations A sale under subparagraph (A) is permitted if the Federal Housing Finance Agency determines that the sale, exchange, license, or other disposition for value— (i) is consistent with the goal of an orderly transition from housing finance markets facilitated by the enterprises to housing finance markets facilitated by the Corporation with minimum disruption in the availability of mortgage credit; (ii) does not impede or otherwise interfere with the ability of the Federal Housing Finance Agency or the Corporation to carry out the functions and requirements of this Act; (iii) does not transfer, convey, or authorize any guarantee or Federal support, assistance, or backing, implicit or explicit, related to any such business line, function, activity, or service; (iv) will maximize the return for the senior preferred shareholders as required under paragraph (1); and (v) would not result in an uncompetitive primary or secondary mortgage market or otherwise limit competitiveness in the primary or secondary mortgage markets. (C) Sale of historic data The Federal Housing Finance Agency shall conduct a sale for value of each enterprise’s historic data, including loan-level historical performance data. In conducting such sale, the Federal Housing Finance Agency may require that— (i) the purchaser of the historic data is the Corporation or the Securitization Platform; (ii) the purchaser of the historic data makes the historic data available to the public in a searchable and easily accessible format as promptly as practicable; and (iii) the purchaser of the historic data takes appropriate steps to ensure the privacy of consumers, minimizes the collection and storage of personally identifiable financial information, and considers statutes, rules, and regulations relating to the privacy of consumer credit information and personally identifiable financial information. 605. Portfolio reduction (a) Graduated reduction (1) In general On December 31 of the year after the date of enactment of this Act, and on December 31 of each year thereafter until each enterprise reaches the allowable size of the retained single-family portfolio specified in paragraph (2), each enterprise shall not own single-family mortgage loan assets in excess of 85 percent of the aggregate amount of the single-family mortgage loan assets that the enterprise was permitted to own as of December 31 of the immediately preceding calendar year. (2) Retained single-family portfolio to facilitate orderly wind down Not later than the date on which the system certification date occurs, the Corporation shall establish an allowable amount of enterprise-owned single-family mortgage loan assets in an amount equal to the amount necessary to facilitate— (A) the orderly wind down of the enterprises; and (B) appropriate loss mitigation on any legacy guarantees of the enterprises. (b) Mortgage loan assets defined For purposes of this section, the term mortgage loan assets 606. Oversight of transition of the housing finance system (a) Testimony Beginning on the agency transfer date and ending on the system certification date, the Chairperson shall, on an annual basis, appear before the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives to provide testimony on the progress made in carrying out the requirements of this title. (b) Inspector General report on transition Beginning on the agency transfer date and ending on the system certification date, the Inspector General of the Federal Mortgage Insurance Corporation shall, on an annual basis— (1) submit a report to the Corporation and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives— (A) on the status of the transition to the new housing finance system authorized by this Act; (B) that includes recommendations to facilitate an orderly transition to the new housing finance system authorized by this Act; and (C) on the impact of various actions required by this Act on borrowers and small mortgage lenders; and (2) appear before the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives to provide testimony on the report required under paragraph (1). (c) GAO report on transition (1) In general Not later than 18 months after the system certification date, the Comptroller General of the United States shall conduct a study and submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives reviewing the transition required by this Act. (2) Contents of study In conducting the study required under paragraph (1), the Comptroller General shall review— (A) all property, including intellectual property, of the enterprises that may have been sold, transferred, or licensed for value pursuant to this title or any amendment made by this title; (B) the number and market share of each type of approved entity; and (C) the amount of any taxpayer repayment. 607. Authority to establish provisional standards (a) Provisional standards (1) In general Notwithstanding any standard required under subtitle B of title III or section 703, the Corporation may establish provisional standards for the approval of approved entities in order to ensure the sufficient participation of financially sound entities in the housing finance system. (2) Period of effectiveness during transition The Corporation is authorized to establish provisional standards under paragraph (1) prior to the system certification date and such provisional standards shall— (A) be published in the Federal Register for notice and comment; and (B) remain in effect until the Corporation adopts and publishes final standards for the approval of approved entities pursuant to subtitle B of title III or section 703. (3) Period of effectiveness during unusual and exigent circumstances The Corporation is authorized to establish provisional standards under paragraph (1) during periods when the authority of the Corporation under section 305 is exercised and such provisional standards shall— (A) be published in the Federal Register; and (B) remain in effect until the final date of the timeline established by the Corporation pursuant to section 305(h)(1). (4) Rule of construction Nothing in paragraph (2) shall be construed to allow the Corporation to delay or otherwise not implement subsection (c) in the required timeframe. (b) Oversight of approved entities During any period in which a provisional standard is in effect pursuant to subsection (a), the Corporation shall maintain all oversight and enforcement authorities with regard to approved entities in accordance with the requirements and authorities of subtitles B and C of title III and section 703. (c) Phase-in of capital standards for approved guarantors (1) In general The requirement under section 311(g)(1)(A) shall take effect on the date that is 8 years after the date that the Corporation approves the first approved guarantor under this section. (2) Phase-in Beginning on the date that the Corporation approves the first approved guarantor under this section and ending on the date set forth under paragraph (1), the Corporation shall— (A) require an approved guarantor to maintain an appropriate level of capital necessary to help ensure an orderly transition pursuant to this title; and (B) increase annually, in equal increments, the required amount of capital to be held by the approved guarantor. (3) Applicability Each capital level required to be held by an approved guarantor under this section, including each annual increase pursuant to paragraph (2)(B), shall only be applicable with respect to new business being guaranteed by an approved guarantor on and after the date each capital level becomes effective. (d) Phase-in of capital standards for multifamily approved guarantors (1) In general The requirement under section 703(h)(1)(A) shall take effect on the date that is 8 years after the date that the Corporation approves the first multifamily approved guarantor under this section. (2) Phase-in Beginning on the date that the Corporation approves the first approved multifamily guarantor under this section and ending on the date set forth under paragraph (1), the Corporation shall— (A) require an approved multifamily guarantor to maintain an appropriate level of capital necessary to help ensure an orderly transition pursuant to this title; and (B) increase annually, in equal increments, the required amount of capital to be held by the approved multifamily guarantor. (3) Applicability Each capital level required to be held by an approved multifamily guarantor under this section, including each annual increase pursuant to paragraph (2)(B), shall only be applicable with respect to new business being guaranteed by an approved multifamily guarantor on and after the date each capital level becomes effective. 608. Initial fund level for the Mortgage Insurance Fund (a) Fund amount on system certification date The Corporation shall endeavor to ensure that the Mortgage Insurance Fund established under section 303 attains a reserve ratio of 0.75 percent of the sum of the outstanding principal balance of the covered securities for which insurance is projected to be provided under this Act for the 5-year period beginning on the system certification date. (b) Report to Congress on projection The projection required under subsection (a) shall be— (1) determined by the Corporation; and (2) reported to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. (c) Assessments Pursuant to the authorities granted to the Corporation under section 1316(i) of the Safety and Soundness Act, as added by section 405, the amount of funds required to be held by the Mortgage Insurance Fund under subsection (a) shall be acquired through assessments on the enterprises. The assessments required under this subsection shall be in effect for the period beginning on the date of enactment of this Act and ending on the system certification date. The assessments required under this subsection shall be deposited in the Mortgage Insurance Fund. 609. GAO report on full privatization of secondary mortgage market (a) GAO report Not later than 8 years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on the feasibility of transitioning to and creating a fully privatized secondary mortgage market, including recommendations on how to best carry out any displacement of the insurance model established under this Act, and an assessment of the cost of mortgage credit and the impact on the economy if the secondary mortgage market is fully privatized. (b) Corporation plan Not later than 6 months after the date on which the report required under subsection (a) is submitted, the Corporation shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a description of the legislative, administrative, and regulatory actions necessary to implement the recommendations of the report. VII Multifamily 701. Establishment of multifamily subsidiaries (a) Formation and governance of multifamily subsidiaries (1) Federal National Mortgage Association (A) Multifamily subsidiary plan The FHFA Director, in consultation with the Secretary of the Treasury, shall direct the Federal National Mortgage Association to develop a plan, not later than 180 days after the date of enactment of this Act, to establish a multifamily subsidiary for purposes of expeditiously meeting the multifamily market minimum criteria required under section 601. (B) Establishment of multifamily subsidiary Pursuant to section 604, the Federal Housing Finance Agency shall direct the Federal National Mortgage Association to establish a multifamily subsidiary not later than 1 year after the date of enactment of this Act. (2) Federal Home Loan Mortgage Corporation (A) Multifamily subsidiary plan The FHFA Director, in consultation with the Secretary of the Treasury, shall direct the Federal Home Loan Mortgage Corporation to develop a plan, not later than 180 days after the date of enactment of this Act, to establish a multifamily subsidiary for purposes of expeditiously meeting the multifamily market minimum criteria required under section 601. (B) Establishment of multifamily subsidiary Pursuant to section 604, the Federal Housing Finance Agency shall direct the Federal Home Loan Mortgage Corporation to establish a multifamily subsidiary not later than 1 year after the date of enactment of this Act. (b) Transfer of functions (1) Fannie Mae multifamily subsidiary (A) In general Notwithstanding the provisions under title VI or any other provision of law, effective on the date on which the multifamily subsidiary is established under subsection (a)(1)(B), all employees, functions, activities, infrastructure, property, including the Delegated Underwriting and Servicing Lender Program and other intellectual property, platforms, technology, or any other object or service of the Federal National Mortgage Association necessary to the support, maintenance, and operation of the multifamily business of the Federal National Mortgage Association shall be transferred and contributed, without cost, to the multifamily subsidiary. (B) Capital contribution In connection with the transfer required under subparagraph (A), the Federal National Mortgage Association shall contribute, in any form or manner the Federal Housing Finance Agency may determine, subject to the approval right of the Secretary of the Treasury in the Senior Preferred Stock Purchase Agreement, any capital necessary to ensure that the multifamily subsidiary established under subsection (a)(1)(B) has, in the determination of the FHFA Director, sufficient capital to carry out its multifamily business, including the ability to obtain warehouse lines of credit. (C) Ensuring continuation of ongoing operation of multifamily business In carrying out the multifamily business transferred pursuant to subparagraph (A), the multifamily subsidiary established under subsection (a)(1)(B) shall ensure that any such business continues to operate, as applicable, consistent with— (i) the Delegated Underwriting and Servicing Lender Program established by the Federal National Mortgage Association; (ii) any other programs, activities, and contractual agreements of the enterprises that support the enterprises' provision of liquidity to the multifamily housing market; and (iii) the provisions of this title. (2) Freddie Mac multifamily subsidiary (A) In general Notwithstanding the provisions under title VI or any other provision of law, effective on the date on which the multifamily subsidiary is established under subsection (a)(2)(B), all employees, functions, activities, infrastructure, property, including the K Series Structured Pass-Through Certificates originated and offered under the Program Plus Lender Program and other intellectual property, platforms, technology, or any other object or service of the Federal Home Loan Mortgage Corporation necessary to the support, maintenance, and operation of the multifamily business of the Federal Home Loan Mortgage Corporation shall be transferred and contributed, without cost, to the multifamily subsidiary. (B) Capital contribution In connection with the transfer required under subparagraph (A), the Federal Home Loan Mortgage Corporation shall contribute, in any form or manner the Federal Housing Finance Agency may determine, subject to the approval right of the Secretary of the Treasury in the Senior Preferred Stock Purchase Agreement, any capital necessary to ensure that the multifamily subsidiary established under subsection (a)(2)(B) has, in the determination of the FHFA Director, sufficient capital to carry out its multifamily business, including the ability to obtain warehouse lines of credit. (C) Ensuring continuation of ongoing operation of multifamily business In carrying out the multifamily business transferred pursuant to subparagraph (A), the multifamily subsidiary established under subsection (a)(2)(B) shall ensure that any such business continues to operate, as applicable, consistent with— (i) the K Series Structured Pass-Through Certificates originated and offered under the Program Plus Lender Program established by the Federal Home Loan Mortgage Corporation; (ii) any other programs, activities, and contractual agreements of the enterprises that support the enterprises' provision of liquidity to the multifamily housing market; and (iii) the provisions of this title. (c) Multifamily subsidiaries (1) In general The multifamily subsidiaries established by the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation under subsection (a) may retain a limited multifamily mortgage loan portfolio to— (A) aggregate mortgage loans for pooled securities executions; (B) implement pilot mortgage loan programs and other risk-sharing transactions and product modification testing; (C) engage in the financing of properties with rent-regulatory restrictions, off-campus student housing, and senior and assisted living developments; and (D) perform additional activities as may be established by the Corporation for the purpose of facilitating the continuation of existing multifamily activities. (2) Portfolio reduction applicability For purposes of expeditiously meeting the multifamily market minimum criteria required under section 601, the multifamily subsidiaries established under subsection (a) shall not be subject to the portfolio reduction required under section 605. 702. Disposition of multifamily businesses (a) Authority to manage disposition of multifamily businesses Notwithstanding any provision of title VI or any other provision of law, the Federal Housing Finance Agency may, on or before the system certification date, manage the sale, transfer, or disposition for value of property, including intellectual property, technology, platforms, and legacy systems, infrastructure and processes of an enterprise relating to the operation and maintenance of the multifamily business of an enterprise. (b) Required establishment of well-functioning multifamily covered security market In exercising the authority in subsection (a), the Federal Housing Finance Agency shall manage any disposition of the multifamily business of an enterprise in a manner consistent with— (1) the establishment of a well-functioning multifamily covered security market; (2) the provision of broad access to multifamily financing; and (3) facilitating competition in the multifamily covered security market by— (A) providing open access to performance information on the legacy multifamily business of an enterprise; (B) providing for reasonable licensing of the multifamily proprietary systems of an enterprise; and (C) setting market share limitations, fees, or additional capital standards on multifamily business assets that were sold, transferred, or disposed. 703. Approval and supervision of multifamily guarantors (a) Standards for approval of multifamily guarantors (1) In general The Corporation shall develop, adopt, and publish standards for the approval by the Corporation of multifamily guarantors to— (A) issue multifamily covered securities; and (B) guarantee the timely payment of principal and interest on multifamily covered securities collateralized by eligible multifamily mortgage loans and insured by the Corporation. (2) Required standards The standards required under paragraph (1) shall include— (A) the financial history and condition of the multifamily guarantor; (B) a requirement that the multifamily guarantor maintain capital levels as defined by the Corporation, pursuant to subsection (h); (C) the capability of the management of the multifamily guarantor; (D) the general character and fitness of the officers and directors of the multifamily guarantor, including the compliance history of the multifamily guarantor’s officers and directors with Federal and State laws and the rules and regulations promulgated by self-regulatory organizations (as defined in section 3(a)(26) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a)(26) (E) the risk presented by the multifamily guarantor to the Mortgage Insurance Fund; (F) the adequacy of insurance and fidelity coverage of the multifamily guarantor; (G) the ability of the multifamily guarantor to— (i) ensure that eligible multifamily mortgage loans that collateralize a multifamily covered security insured under this Act are originated in compliance with the requirements of this Act; (ii) oversee multifamily servicers and specialty servicers conducting servicing activities on eligible multifamily mortgage loans, which may be governed under the terms of seller-servicer guides in effect at either of the enterprises on the date of enactment of this Act; and (iii) oversee counterparties in credit risk-sharing transactions; (H) the capacity of the multifamily guarantor to take the first loss position, pari passu position, or transfer investment risk and credit risk to private market holders; (I) that the multifamily guarantor has the capacity to guarantee eligible multifamily mortgage loans in a manner that furthers the purposes of the Corporation as described in section 201(b)(5); (J) a requirement that the multifamily guarantor submit audited financial statements to the Corporation; (K) that the multifamily guarantor does not originate eligible multifamily mortgage loans and is not an affiliate of a person that actively engages in the business of originating eligible multifamily mortgage loans; and (L) a requirement that the multifamily guarantor has the capacity to meet the requirement of section 704. (3) Consultation and coordination To promote consistency and minimize regulatory conflict, the Corporation shall consult and coordinate with appropriate Federal and State regulators and officials when developing standards pursuant to this subsection. (b) Application and approval (1) Application process (A) In general The Corporation shall establish an application process, in such form and manner and requiring such information as the Corporation may require, for the approval of a multifamily guarantor under this section. (B) Application review The Corporation shall establish internal timelines for its processing of an application under this section, including timelines for any action to approve or to deny an application under this section. (C) Prohibition on control by insured depository institutions or affiliates of insured depository institutions (i) In general It shall be unlawful for an insured depository institution or an affiliate of an insured depository institution to control an approved multifamily guarantor. (ii) Rule of construction regarding control For purposes of this subparagraph, any insured depository institution or affiliate of an insured depository institution has control over an approved multifamily guarantor if the company directly or indirectly or acting through 1 or more other persons owns, controls, or has power to vote 10 percent or more of any class of voting shares of the approved multifamily guarantor. (D) Expedited application process The Corporation may establish an expedited application process for an applicant applying to become an approved multifamily guarantor, provided that any such applicant— (i) proposes to use a credit risk-sharing mechanism approved under subsection (c); and (ii) otherwise meets the requirements of this section. (2) Approval The Corporation may approve any application made pursuant to paragraph (1), provided the multifamily guarantor meets the standards established under subsection (a). (3) Denial The Corporation shall have the authority to deny any application made pursuant to paragraph (1) if an officer or director of the multifamily guarantor has, at any time prior to the date of the approval of such application, been— (A) subject to a statutory disqualification pursuant to section 3(a)(39) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a)(39) (B) suspended, removed, or prohibited from participation pursuant to section 8(g) of the Federal Deposit Insurance Act ( 12 U.S.C. 1818(g) 12 U.S.C. 1818(e) 12 U.S.C. 1818(u)(1) 12 U.S.C. 1818 (4) Notice and publication The Corporation shall— (A) provide prompt notice to a multifamily guarantor of the approval or denial of any application of the multifamily guarantor to become an approved multifamily guarantor under this section; (B) publish a notice in the Federal Register upon approval of any multifamily guarantor; and (C) maintain an updated list of approved multifamily guarantors on the website of the Corporation. (c) Credit risk-sharing mechanisms (1) Consideration and approval The Corporation shall— (A) consider and approve credit risk-sharing mechanisms that may be employed by an approved multifamily guarantor to manage the credit risk related to guarantees provided for multifamily covered securities; and (B) approve any credit risk-sharing mechanism undertaken by an enterprise as of the date of enactment of this Act, including— (i) the Delegated Underwriting and Servicing Lender Program established by the Federal National Mortgage Association; (ii) the K Series Structured Pass-Through Certificates originated and offered under the Program Plus Lender Program established by the Federal Home Loan Mortgage Corporation; (iii) any other program, activity, or contractual agreement of an enterprise that supports the enterprise's provision of liquidity to the multifamily housing market; and (iv) any credit risk-sharing mechanism based on the mechanisms described in clause (i), (ii), or (iii), with modifications approved by the Corporation. (2) Rule of Construction Nothing in paragraph (1) shall be construed to— (A) prevent private market holders from taking a first loss position on multifamily covered securities guaranteed by an approved multifamily guarantor; or (B) limit an approved multifamily guarantor from engaging in other forms of risk-sharing using mechanisms that have not been considered or approved by the Corporation. (3) Report Each report required by section 302(b)(5) shall include a description of each credit risk-sharing mechanism approved by the Corporation pursuant to this subsection. (4) Notice and publication The Corporation shall— (A) provide prompt notice to any person seeking approval for a credit risk-sharing mechanism of the approval or denial of that credit risk-sharing mechanism under this subsection; and (B) make available updated information regarding approved credit risk-sharing mechanisms on the website of the Corporation. (5) Applicability of the Commodity Exchange Act and Securities Act of 1933 (A) Exemption from the Commodity Exchange Act; prior consultation required (i) Exemption No counterparty that enters into a swap, as that term is defined in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a 7 U.S.C. 1a (ii) Prior consultation required Before approving any credit risk-sharing mechanism that would be exempt from the Commodity Exchange Act pursuant to subparagraph (A), the Corporation shall consult with the Commodity Futures Trading Commission. (B) Exemption from section 27B of the Securities Act of 1933; prior consultation required (i) Exemption Any credit risk-sharing mechanism that is approved by the Corporation pursuant to this section, which credit risk-sharing mechanism is designed to be used or is used by a private market holder to assume losses and to reduce the specific risks arising from losses realized under such credit risk-sharing mechanism associated with any multifamily covered security insured in accordance with section 303 or section 305, shall be exempt from section 27B of the Securities Act of 1933 (15 U.S.C. 77z-2a). (ii) Prior consultation required Before approving any credit risk-sharing mechanism that would be exempt from section 27B of the Securities Act of 1933 pursuant to subparagraph (A), the Corporation shall consult with the Securities and Exchange Commission. (d) Requirement to maintain approval status (1) Authority to issue order If the Corporation determines that an approved multifamily guarantor approved under this section no longer meets the standards for such approval or violates a requirement under this Act, including any standard, regulation, or order promulgated in accordance with this Act, the Corporation may— (A) suspend or revoke the approved status of the approved multifamily guarantor; or (B) take any other action with respect to such approved multifamily guarantor as may be authorized under this Act. (2) Rule of construction The suspension or revocation of the approved status of an approved multifamily guarantor under this section shall have no effect on the status as a multifamily covered security of any multifamily covered security collateralized by eligible multifamily mortgage loans with which the approved multifamily guarantor contracted prior to the suspension or revocation. (3) Publication The Corporation shall— (A) promptly publish a notice in the Federal Register upon suspension or revocation of the approval of any approved multifamily guarantor; and (B) maintain an updated list of such approved multifamily guarantors on the website of the Corporation. (4) Definition In this subsection, the term violate (e) Prudential standards for supervision The Corporation shall prescribe prudential standards for approved multifamily guarantors in order to— (1) ensure— (A) the safety and soundness of approved multifamily guarantors; and (B) the maintenance of approval standards by approved multifamily guarantors; and (2) minimize the risk presented to the Mortgage Insurance Fund. (f) Reports and examinations For purposes of determining whether an approved multifamily guarantor is fulfilling the requirements under this Act, the Corporation shall have the authority to require reports from and examine an approved multifamily guarantor, in the same manner and to the same extent as the Federal Deposit Insurance Corporation has with respect to an insured depository institution under the provisions of subsection (a) of section 9 of the Federal Deposit Insurance Act ( 12 U.S.C. 1819 (g) Enforcement The Corporation shall have the authority to enforce the provisions of this Act with respect to an approved multifamily guarantor, in the same manner and to the same extent as the Federal Deposit Insurance Corporation has with respect to an insured depository institution under the provisions of subsections (b) through (n) of section 8 of the Federal Deposit Insurance Act ( 12 U.S.C. 1818 (h) Capital standards (1) In general Pursuant to the requirement to establish capital and related solvency standards under section 309(b), the Corporation shall establish standards for approved multifamily guarantors as follows: (A) Guarantor activities The capital standard for eligible multifamily mortgage loans that collateralize multifamily covered securities insured by the Corporation shall require an approved multifamily guarantor to hold 10 percent capital. (B) Aggregation activities An approved multifamily guarantor shall hold capital in an amount comparable to that which is required to be held by insured depository institutions and their affiliates with respect to their applicable aggregating activities. (C) Solvency levels An approved multifamily guarantor shall maintain solvency levels adequate for the approved multifamily guarantor to withstand losses that might be incurred by the approved multifamily guarantor in a period of economic stress, including national and regional multifamily housing price declines, such as those observed during moderate to severe recessions in the United States. (2) Risk-sharing considerations (A) In general For purposes of paragraph (1)(A), the Corporation shall consider the extent, amount, and form of risk-sharing and risk mitigation through the use by approved multifamily guarantors of credit risk-sharing mechanisms approved pursuant to subsection (c). The Corporation shall allow such risk-sharing and risk mitigation to fulfill required amounts of capital to be held under paragraph (1)(A) while maintaining an appropriate structure of capital as determined by the Corporation. (B) Equivalent treatment For purposes of paragraph (2)(A), the Corporation shall seek to ensure equivalent capital treatment between approved credit risk-sharing mechanisms approved under subsection (c) with similar performance histories. (3) Other consideration To reflect the differences between single-family and multifamily businesses, the capital standards established under paragraph (1)(A) may differ from the capital standards established under section 311 for approved guarantors. (4) Stress tests The Corporation shall conduct appropriate stress tests of each approved multifamily guarantor that has total assets of more than $10,000,000,000, provided that such stress tests shall be— (A) specifically tailored to the business model of the approved multifamily guarantor; and (B) utilized to— (i) ensure the safety and soundness of the approved multifamily guarantor; and (ii) minimize the risk the approved multifamily guarantor may present to the Mortgage Insurance Fund. (i) Resolution authority for failing multifamily guarantors (1) In general Notwithstanding any other provision of Federal law, the law of any State, or the constitution of any State, the Corporation shall— (A) have the authority to act, in the same manner and to the same extent, with respect to an approved multifamily guarantor as the Federal Deposit Insurance Corporation has with respect to an insured depository institution under subsections (c) through (s) of section 11 of the Federal Deposit Insurance Act (12 U.S.C. 1821), section 12 of the Federal Deposit Insurance Act ( 12 U.S.C. 1822 12 U.S.C. 1823 (B) in carrying out any authority provided in subparagraph (A), act, in the same manner and to the same extent, with respect to the Mortgage Insurance Fund as the Federal Deposit Insurance Corporation may act with respect to the Deposit Insurance Fund under the provisions of the Federal Deposit Insurance Act set forth in subparagraph (A); (C) prescribe regulations governing the applicable rights, duties, and obligations of an approved multifamily guarantor placed into resolution under this subsection, its creditors, counterparties, and other persons, as the Corporation deems necessary to properly exercise the authority provided in subparagraph (A); (D) consistent with the authorities provided in subparagraph (A), immediately place an insolvent approved multifamily guarantor into receivership; and (E) upon placing an approved multifamily guarantor into receivership, treat multifamily covered securities insured by the Corporation under section 303 in the same manner as the Federal Deposit Insurance Corporation treats deposit liabilities under section 11(d)(11)(A)(ii) of the Federal Deposit Insurance Act and insured deposits under section 11(f) of the Federal Deposit Insurance Act, where the Corporation shall have the same right of subrogation as the Federal Deposit Insurance Corporation has under section 11(g) of the Federal Deposit Insurance Act. (2) Least-cost resolution required The Corporation may not exercise any authority under paragraph (1) with respect to any approved multifamily guarantor unless the total amount of the expenditures by the Corporation and obligations incurred by the Corporation in connection with the exercise of any such authority with respect to such approved multifamily guarantor is the least costly to the Mortgage Insurance Fund, consistent with the least cost approach specified in the Federal Deposit Insurance Act ( 12 U.S.C. 1811 et seq. (3) Taxpayer protection The Corporation, in carrying out any authority provided in this subsection, shall prescribe regulations to ensure that any amounts owed to the United States, unless the United States agrees or consents otherwise, shall have priority following administrative expenses of the receiver when satisfying unsecured claims against an approved multifamily guarantor, or the receiver therefor, that are proven to the satisfaction of the receiver. (j) Hearing Upon notice of denial of an application for approval under subsection (b) or upon a notice of suspension or revocation of the approved status of an approved multifamily guarantor under subsection (d), the applicant or approved multifamily guarantor shall be afforded a hearing under subsection (h) of section 8 of the Federal Deposit Insurance Act ( 12 U.S.C. 1818(h) (k) Prohibited activity An approved multifamily guarantor may not— (1) originate eligible multifamily mortgage loans; or (2) be an affiliate of a person that actively engages in the business of originating eligible multifamily mortgage loans. (l) Guarantors required to pay claims Subject to such standards as the Corporation may provide, an approved multifamily guarantor may not for any reason withhold payment of funds that would ensure holders of multifamily covered securities receive timely payment of principal and interest on multifamily covered securities. The Corporation shall by regulation develop a process for the mediation and resolution of disputed payment amounts. 704. Multifamily housing requirement (a) In general Each approved multifamily guarantor shall ensure, during each calendar year, that at least 60 percent of the rental housing units which are contained in the eligible multifamily mortgage loans that collateralize all multifamily covered securities guaranteed by each such approved multifamily guarantor during the previous 24-month period were, at the time of origination, affordable to low-income families. (b) Determination of affordability of rental housing units For purposes of subsection (a), the affordability of rental housing units contained in an eligible multifamily mortgage loan shall be determined at the time of loan commitment by using— (1) the most recent rent roll for an occupied property; or (2) in the case of rental housing units that are newly constructed or substantially rehabilitated, a final pro-forma rent roll. (c) Determination of compliance The Corporation shall determine, during each calendar year, whether each approved multifamily guarantor has complied with the requirement under subsection (a). (d) Suspension or adjustment (1) In general The Corporation may suspend or adjust the requirement under subsection (a) for an approved multifamily guarantor or guarantors— (A) during a period of unusual and exigent market conditions in the multifamily housing market as determined pursuant to section 305; or (B) either— (i) pursuant to information available to the Corporation demonstrating adverse market conditions in the multifamily housing market; or (ii) pursuant to a written request to suspend or adjust the requirement under subsection (a) made by an approved multifamily guarantor, which the Corporation may grant in whole or in part. (2) Criteria for suspension or adjustment The Corporation may suspend or adjust the requirement under subsection (a) pursuant to paragraph (1)(B) only if— (A) market and economic conditions require such an action; or (B) efforts to meet the requirement under subsection (a) would result in— (i) the constraint of liquidity in certain market segments; (ii) over-investment in certain market segments; or (iii) other consequences contrary to the intent of this section. (3) Limitation on authority The Corporation shall narrowly tailor any suspension or adjustment made under paragraph (1)(B) to address the market conditions that prompted the suspension or adjustment. (4) Determination (A) Period for public comment The Corporation shall, promptly upon a decision to pursue a suspension or adjustment under paragraph (1)(B)(i) or upon receipt of a request under paragraph (1)(B)(ii), seek public comment on the suspension or adjustment for a period of 30 days. (B) Period for determination The Corporation shall make a determination regarding any proposed suspension or adjustment within 30 days after the expiration of the public comment period provided under subparagraph (A). (C) Extensions The Corporation may extend the period for determination provided under subparagraph (B) for a single additional 15-day period, but only if the Corporation requests additional information from the approved multifamily guarantor. (5) Review of suspension or adjustment (A) Annual review The Corporation shall review any suspension or adjustment made by the Corporation under subparagraphs (A) or (B) of paragraph (1) at least annually to determine whether the suspension or adjustment satisfies the criteria established under paragraph (2). (B) Publication and comment The Corporation shall— (i) not less than annually, publish a list of all suspensions and adjustments in effect under this section; and (ii) seek public comment as to the continued necessity of such suspensions or adjustments. (e) Mixed income liquidity study and review (1) Study Not later than 2 years after the date of enactment of this Act, and periodically or as market conditions warrant thereafter, the Corporation shall conduct a study of liquidity in the market for financing the new construction or substantial rehabilitation of mixed-income properties containing multifamily units that— (A) otherwise qualify under the requirement under subsection (a); and (B) are financed by tax-exempt bonds that are issued by a State or local housing finance agency. (2) Adjustment to requirement The Corporation may adjust the requirement under subsection (a), subject to the procedures provided under paragraphs (2) through (5) of subsection (d), if the Corporation finds based on a study conducted under paragraph (1) that— (A) liquidity is constrained in the market for eligible multifamily mortgage loans for the mixed-income properties described in paragraph (1); and (B) it is necessary to foster liquidity in that market. (f) Rule of construction Nothing in this section shall be construed to authorize the Corporation to require an approved multifamily guarantor to exceed the 60 percent requirement set forth under subsection (a). (g) Definitions; applicability to enterprises In this section— (1) the term approved multifamily guarantor (2) the term multifamily covered security (3) the term eligible multifamily mortgage loan 705. Establishment of small multifamily property program (a) Pilot program The Corporation shall establish at least 1 pilot program, to be administered by the Office of Multifamily Housing, in consultation with the Office of Consumer and Market Access, to test and assess methods or products designed to increase secondary mortgage market access for multifamily properties comprised of not more than 50 units or with mortgages not exceeding $3,000,000 (as adjusted for inflation). (b) Activities In administering the pilot program required under subsection (a), the Corporation shall— (1) review, and may approve, proposals from regulated entities or approved multifamily guarantors, including proposals focused on lending by small mortgage lenders, to participate in the pilot program by carrying out activities to decrease barriers to secondary mortgage market access for multifamily properties comprised of not more than 50 units or with mortgages not exceeding $3,000,000 (as adjusted for inflation) through new risk-sharing, partnerships, or other mechanisms or incentives; and (2) establish requirements governing the activities of the pilot program, including requirements with respect to— (A) any mid-course alterations of activities permitted under the pilot program, information sharing, reporting, and evaluation of the results of a pilot program; and (B) the tracking of any allocations of amounts that may be distributed from the Market Access Fund. (c) Use of Market Access Fund A regulated entity or approved multifamily guarantor that submits a proposal under subsection (b) may request, as part of the proposal, allocations from the Market Access Fund as necessary to support its proposed activities. (d) Amendments to pilot program The Corporation may amend a pilot program established under subsection (a) as needed to accommodate the multifamily mortgage market. (e) Publication The Corporation shall make publicly available the results of a pilot program established under subsection (a). (f) Requirement The Corporation shall consider the results of a pilot program established under subsection (a) for purposes of expanding and implementing new mechanisms to decrease barriers to secondary mortgage market access for multifamily properties comprised of not more than 50 units or with mortgages not exceeding $3,000,000 (as adjusted for inflation). (g) Limitation on funding The Corporation may not use funds from the Mortgage Insurance Fund to fund any pilot program activities conducted by a regulated entity or approved multifamily guarantor under this section. 706. Multifamily housing study The Office of Multifamily Housing shall conduct a study on the expansion of the Federal Home Loan Banks’ Acquired Member Assets ( AMA 707. Multifamily platform study (a) In general Not later than 18 months after the system certification date, the Corporation shall conduct a study on the need, feasibility, costs, and merits of creating a cooperatively-owned, nonprofit multifamily issuance platform to securitize eligible multifamily mortgage loans. (b) Content of study The study required under subsection (a) shall address— (1) competition between existing approved multifamily guarantors; (2) the barriers to entry for new multifamily guarantors; (3) the costs associated with developing a new platform; (4) the funding of smaller-balance multifamily mortgage loans, including mortgage loans originated by credit unions and community and mid-size banks and other small-volume lenders in rural and other underserved communities; (5) standardized definitions and reporting and payment requirements; (6) stability in the multifamily lending market in times of stress; and (7) such other information as the Corporation determines appropriate to further the purpose of the study. (c) Consideration In conducting the study required under subsection (a), the Corporation shall consider whether any identified need to establish a multifamily securitization platform can and will be met by the Platform established under section 321, or any subsidiary or affiliate thereof. (d) Report to Congress Not later than 18 months after the system certification date, the Corporation shall submit the study required under subsection (a) to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. 708. Short-term residential housing (a) In general Section 513 of the National Housing Act ( 12 U.S.C. 1731b (1) in subsection (b)— (A) in clause (1), by striking or (B) by inserting before the period at the end the following: , or (3) the project is a short-term residential property (as such term is defined in subsection (e) of this section) and is subject to a mortgage insured under section 207, provided that the Secretary has made a determination pursuant to the study and report required under section 708(b) of the Housing Finance Reform and Taxpayer Protection Act that the provision of such insurance is appropriate (2) in subsection (e)— (A) in clause (1), by striking and (B) by inserting before the period at the end the following: , and (3) the term short-term residential property (b) Study (1) In general Not later than 6 months after the date of enactment of this Act, the Secretary of Housing and Urban Development shall— (A) conduct and complete a study evaluating the risk of the provision of insurance under section 207 of the National Housing Act (12 U.S.C. 1713) for short-term residential properties; and (B) submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives, which shall include— (i) the findings of the study required under subparagraph (A); and (ii) a determination as to whether any additional risk presented to the General Insurance Fund resulting from the provision of insurance under section 207 of the National Housing Act ( 12 U.S.C. 1713 (2) Contents of study In conducting the study required under paragraph (1)(A), the Secretary of Housing and Urban Development shall— (A) evaluate whether the provision of insurance under section 207 of the National Housing Act (12 U.S.C. 1713) for short-term residential properties presents additional risk to the General Insurance Fund; and (B) consider any additional operational and logistical costs associated with providing such insurance. (3) Definitions In this subsection— (A) the term General Insurance Fund 12 U.S.C. 1735c (B) the term short-term residential properties VIII General provisions 801. Rule of construction Nothing in this Act shall be construed to alter, supersede, or interfere with the final ruling of a court of competent jurisdiction with respect to any provision of the Senior Preferred Stock Purchase Agreement or amendments thereof of an enterprise. 802. Severability If any provision of this Act or the application of any provision of this Act to any person or circumstance, is held invalid, the application of such provision to other persons or circumstances, and the remainder of this Act, shall not be affected thereby. 803. Transfer notification under TILA (a) In general Section 131(g) of the Truth in Lending Act ( 15 U.S.C. 1641(g) (2) Definitions For purposes of this subsection— (A) the term mortgage loan (B) the term securitized residential mortgage (C) the term servicer (i) has the meaning provided in section 129A, except that such term includes a person who receives any payments from a mortgagor, including any amounts for escrow accounts, and makes payments to the owner of the loan or other third parties, including payments made after default, pursuant to the terms of the relevant contracts; and (ii) excludes State and local housing agencies. . (b) Disclosure of fees Section 5(c)(3) of the Real Estate Settlement Procedures Act ( 12 U.S.C. 2605(c)(3) (1) by striking Any notice required (A) In general Any notice required ; and (2) by adding at the end the following: (B) Disclosure of fees requirement The transferee servicer shall provide to the borrower, not more than 15 days after the effective date of transfer of the servicing of the mortgage loan, a statement regarding the loan which shows the following: (i) The application of all payments and charges, including the date received, as allocated to principal, interest, escrow, and other charges. (ii) The status of the loan as of the date of the transfer including whether the loan is in default and whether any loss mitigation application submitted by the borrower is pending. (iii) An itemization and explanation for all arrearages claimed to be due as of the date of the transfer. . (c) Safe harbor for mistaken payments; fees Section 131 of the Truth in Lending Act ( 15 U.S.C. 1641 (1) by redesignating subsection (g) as subsection (i); and (2) by inserting after subsection (f) the following: (g) Treatment of mistaken loan payments after transfer During the 60-day period beginning on the effective date of transfer of the servicing of any securitized residential mortgage loan, a late fee may not be imposed on the consumer with respect to any payment on such loan, and no such payment may be treated as late for any other purpose, if the payment is received by the transferor servicer (rather than the transferee servicer who should properly receive payment) on or before the applicable due date, including any grace period allowed under the loan documents. (h) Fee waive upon transfer (1) In general The creditor, new owner, or assignee of the mortgage loan, by itself or through its servicer, may not impose or collect— (A) any fee that is not listed as having been incurred in the notice to the consumer of the transfer of servicing of a securitized residential mortgage loan; or (B) any fee incurred prior to the effective date of servicing transfer that is not disclosed on a periodic statement provided to the consumer prior to the effective date of servicing transfer of a securitized residential mortgage loan. (2) Definitions For purposes of this subsection— (A) the term securitized residential mortgage (B) the term servicer (i) has the meaning provided in section 129A, except that such term includes a person who receives any payments from a mortgagor, including any amounts for escrow accounts, and makes payments to the owner of the loan or other third parties, including payments made after default, pursuant to the terms of the relevant contracts; and (ii) excludes State and local housing agencies. . 804. Investment authority to support rural infrastructure Section 11 of the Federal Home Loan Bank Act ( 12 U.S.C. 1431 (m) Mission investments for rural infrastructure In furtherance of its mission under section 5, each Federal Home Loan Bank is authorized to purchase investment grade securities from nonmember cooperative lenders that have received financing from the Federal Financing Bank and that possess demonstrated experience in making loans to rural cooperatives. Such securities shall be secured investments collateralized by loans of the cooperative lender. The purchase of such securities shall be at the sole discretion of the Bank, consistent with such regulations, restrictions, and limitations as may be prescribed by the Board. . 805. Consolidation of similar housing assistance programs (a) Report (1) In general Not later than 2 years after the date of enactment of this Act, the Corporation, the Secretary of Housing and Urban Development, the Secretary of the Treasury, the Secretary of Agriculture, the Secretary of Veterans Affairs, the Secretary of Labor, and the Secretary of the Interior shall jointly submit to Congress a report, which shall— (A) identify and evaluate, based on need and appropriateness, specific opportunities to consolidate similar housing assistance programs, which may include the programs identified in the August 2012 Government Accountability Office report to Congress entitled Opportunities Exist to Increase Collaboration and Consider Consolidation (B) provide recommendations to Congress for legislative action to appropriately streamline, consolidate, or eliminate similar housing assistance programs identified and evaluated under subparagraph (A); and (C) identify opportunities for cross-agency collaboration of housing assistance efforts. (2) Accessibility The report submitted under paragraph (1) shall be made available on a publically accessible Internet website. (b) Use of administrative authority (1) In general (A) The Director of the Office of Management and Budget shall coordinate with the Secretary of Housing and Urban Development, the Secretary of the Treasury, the Secretary of Agriculture, the Secretary of Veterans Affairs, the Secretary of Labor, and the Secretary of the Interior to consider and evaluate opportunities to eliminate, consolidate, or streamline housing assistance programs. (B) The Director of the Office of Management and Budget, in coordination with the Secretary of Housing and Urban Development, the Secretary of the Treasury, the Secretary of Agriculture, the Secretary of Veterans Affairs, the Secretary of Labor, and the Secretary of the Interior, shall eliminate, consolidate, or streamline any programs identified under subparagraph (A) which they find appropriate. (2) Cost savings Any administrative cost savings resulting from the consolidation, elimination, or streamlining of housing assistance programs under paragraph (1) shall be transferred as follows: (A) 50 percent to the Housing Trust Fund established under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4568 (B) 50 percent to the General Fund of the Treasury to be used for deficit reduction. (3) Report The Director of the Office of Management and Budget shall submit to Congress a report on an annual basis of any actions taken to streamline similar housing assistance programs, and the cost savings resulting from such actions. (c) Rule of construction Nothing in this section shall be construed to grant the Director of the Office of Management and Budget, the Secretary of Housing and Urban Development, the Secretary of the Treasury, the Secretary of Agriculture, the Secretary of Veterans Affairs, the Secretary of Labor, or the Secretary of the Interior any additional authority to eliminate, consolidate, or streamline housing assistance programs that they did not have prior to the date of enactment of this Act. 806. Bureau of Consumer Financial Protection review; GAO report (a) Bureau of Consumer Financial Protection review (1) In general Except as provided in paragraph (2), not later than 3 months after the date of enactment of this Act, the Bureau of Consumer Financial Protection shall, after reviewing relevant data and consulting with stakeholders, including representatives of the manufactured housing industry and representatives of consumers and homeowners, consider and review the application of subsections (bb) and (cc) of section 103 of the Truth in Lending Act (15 U.S.C. 1602) to manufactured housing loans, including— (A) the annual percentage rate coverage test for high-cost mortgages; (B) the total points and fees coverage test for high-cost mortgages; and (C) the definition of the term mortgage originator (2) Exception The Bureau of Consumer Financial Protection shall not be required to conduct the review under paragraph (1) if the Bureau does not receive relevant data relating to the review that was not previously submitted to the Bureau on or before January 31, 2013. (3) Rule of construction Nothing in paragraph (1) shall be construed to require the Bureau of Consumer Financial Protection to engage in rulemaking, including rulemaking to modify any rule relating to subsection (bb) or (cc) of section 103 of the Truth in Lending Act (15 U.S.C. 1602). (b) GAO report Not later than 10 months after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and issue a report to Congress on the manufactured housing loan market, which shall include an analysis of— (1) the loan products available in the manufactured housing loan market and the performance of those products, which shall include a review of the underwriting standards and portfolios of creditors that originate manufactured housing loans, such as depository institutions and finance companies; (2) the characteristics of borrowers that participate in the manufactured housing loan market, including— (A) the creditworthiness of the borrower; (B) the usage pattern of the borrower; and (C) the process for evaluating and comparing loan products prior to purchase; and (3) the potential impact on access to mortgage credit for manufactured housing loans if subsections (bb) and (cc) of section 103 of the Truth in Lending Act ( 15 U.S.C. 1602 (A) the annual percentage rate coverage test for high-cost mortgages; (B) the total points and fees coverage test for high-cost mortgages; (C) the definition of mortgage originator (D) borrower delinquency and default in the manufactured housing loan market; and (E) competition in the manufactured housing loan market. 807. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation September 18, 2014 Reported with an amendment

Housing Finance Reform and Taxpayer Protection Act of 2014

State Energy Race to the Top Initiative Act of 2013 - Requires the Secretary of Energy (DOE) to establish a voluntary electric and thermal energy productivity challenge grant program to provide support to no more than 25 states for: (1) expanding industrial energy efficiency, combined heat and power, and waste heat-to-power utilization; (2) expanding policies and programs that will advance energy efficiency retrofits for commercial buildings, schools, hospitals, and residential buildings through expanded energy service performance contracts, zero net-energy buildings, or improved building energy efficiency codes; (3) establishing or expanding incentives in the electric utility sector to enhance demand response and energy efficiency; and (4) supporting state activities involving both facilities and vehicle fleets than can be a model for other action to promote energy efficiency. Requires a state to submit to the Secretary a revised state energy conservation plan under the Energy Policy and Conservation Act in order to receive a grant. Authorizes the Secretary to provide grants to no more than six states to provide additional funds for activities to assist energy policy innovation in the states and to promote the goal of doubling electric and thermal energy productivity by January 1, 2030. Authorizes grants to be given to public power utilities, electric cooperatives, and Indian tribes. Amends the Energy Independence and Security Act of 2007 to reduce the authorized amount of appropriations for FY2014-FY2017 for the Zero Net Energy Commercial Buildings Initiative.

To establish a State Energy Race to the Top Initiative to assist energy policy innovation in the States to promote the goal of doubling electric and thermal energy productivity by January 1, 2030. 1. Short title This Act may be cited as the State Energy Race to the Top Initiative Act of 2013 2. Purpose The purpose of this Act is to assist energy policy innovation in the States to promote the goal of doubling electric and thermal energy productivity by January 1, 2030. 3. Definitions In this Act: (1) Covered entity The term covered entity (A) a public power utility; (B) an electric cooperative; and (C) an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b (2) State The term State 42 U.S.C. 6202 4. Phase 1: Initial allocation of grants to States (a) In general Not later than 30 days after the date of enactment of this Act, the Secretary shall issue an invitation to States to submit plans to participate in an electric and thermal energy productivity challenge in accordance with this section. (b) Grants (1) In general Subject to section 7, the Secretary shall use funds made available under section 8(b)(1) to provide an initial allocation of grants to not more than 25 States. (2) Amount The amount of a grant provided to a State under this section shall be not less than $1,000,000 nor more than $3,500,000. (c) Submission of plans To receive a grant under this section, not later than 90 days after the date of issuance of the invitation under subsection (a), a State shall submit to the Secretary an application to receive the grant by submitting a revised State energy conservation plan under section 362 of the Energy Policy and Conservation Act ( 42 U.S.C. 6322 (d) Decision by Secretary (1) In general Not later than 90 days after the submission of revised State energy conservation plans under subsection (c), the Secretary shall make a final decision on the allocation of grants under this section. (2) Basis The Secretary shall base the decision of the Secretary under paragraph (1) on— (A) plans for improvement in electric and thermal energy productivity consistent with this Act; and (B) other factors determined appropriate by the Secretary, including geographic diversity. (3) Ranking The Secretary shall— (A) rank revised plans submitted under this section in order of the greatest to least likely contribution to improving energy productivity in a State; and (B) provide grants under this section in accordance with the ranking and the scale and scope of a plan. (e) Plan requirements A revised State energy conservation plan submitted under subsection (c) shall provide— (1) a description of the manner in which— (A) energy savings will be monitored and verified; (B) a statewide baseline of energy use and potential resources for calendar year 2010 will be established to measure improvements; (C) the plan will promote achievement of energy savings and demand reduction goals; (D) public and private sector investments in energy efficiency will be leveraged, including through banks, credit unions, and institutional investors; and (E) the plan will not cause cost-shifting among utility customer classes or negatively impact low-income populations; and (2) an assurance that— (A) the State energy office required to submit the plan and the State public service commission are cooperating and coordinating programs and activities under this Act; (B) the State is cooperating with local units of government to expand programs as appropriate; and (C) grants provided under this Act will be used to supplement and not supplant Federal, State, or ratepayer-funded programs or activities in existence on the date of enactment of this Act. (f) Uses A State may use grants provided under this section to promote— (1) the expansion of industrial energy efficiency, combined heat and power, and waste heat-to-power utilization; (2) the expansion of policies and programs that will advance energy efficiency retrofits for public and private commercial buildings, schools, hospitals, and residential buildings (including multifamily buildings) through expanded energy service performance contracts, zero net-energy buildings, or improved building energy efficiency codes; (3) the establishment or expansion of incentives in the electric utility sector to enhance demand response and energy efficiency, including consideration of additional incentives to promote the purposes of section 111(d) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2621(d) (4) leadership by example, in which State activities involving both facilities and vehicle fleets can be a model for other action to promote energy efficiency and can be expanded with Federal grants provided under this Act. 5. Phase 2: Subsequent allocation of grants to States (a) Reports Not later than 18 months after the receipt of grants under section 4, each State that received grants under section 4 may submit to the Secretary a report that describes— (1) the performance of the programs and activities carried out with the grants; and (2) the manner in which additional funds would be used to carry out programs and activities to promote the purposes of this Act. (b) Grants (1) In general Not later than 180 days after the date of the receipt of the reports required under subsection (a), subject to section 7, the Secretary shall use amounts made available under section 8(b)(2) to provide grants to not more than 6 States to carry out the programs and activities described in subsection (a)(2). (2) Amount The amount of a grant provided to a State under this section shall be not more than $30,000,000. (3) Basis The Secretary shall base the decision of the Secretary to provide grants under this section on— (A) the performance of the State in the programs and activities carried out with grants provided under section 4; (B) the potential of the programs and activities descried in subsection (a)(2) to achieve the purposes of this Act; (C) the desirability of maintaining a total project portfolio that is geographically and functionally diverse; and (D) the amount of non-Federal funds that are leveraged as a result of the grants to ensure that Federal dollars are leveraged effectively. 6. Allocation of grants to covered entities (a) In general Not later than 30 days after the date of enactment of this Act, the Secretary shall invite covered entities to submit plans to participate in an electric and thermal energy productivity challenge in accordance with this section. (b) Submission of plans To receive a grant under this section, not later than 90 days after the date of issuance of the invitation under subsection (a), a covered entity shall submit to the Secretary a plan to increase electric and thermal energy productivity by the covered entity. (c) Decision by Secretary (1) In general Not later than 90 days after the submission of plans under subsection (b), the Secretary shall make a final decision on the allocation of grants under this section. (2) Basis The Secretary shall base the decision of the Secretary under paragraph (1) on— (A) plans for improvement in electric and thermal energy productivity consistent with this Act; (B) plans for continuation of the improvements after the receipt of grants under this Act; and (C) other factors determined appropriate by the Secretary, including— (i) geographic diversity; (ii) size differences among covered entities; and (iii) equitable treatment of each sector under this section. 7. Administration (a) Independent evaluation To evaluate program performance and effectiveness under this Act, the Secretary shall consult with the National Research Council regarding requirements for data and evaluation for recipients of grants under this Act. (b) Coordination with State energy conservation programs (1) In general Grants to States under this Act shall be provided through additional funding to carry out State energy conservation programs under part D of title III of the Energy Policy and Conservation Act 42 U.S.C. 6321 et seq. (2) Relationship to State energy conservation programs (A) In general A grant provided to a State under this Act shall be used to supplement (and not supplant) funds provided to the State under part D of title III of the Energy Policy and Conservation Act 42 U.S.C. 6321 et seq. (B) Minimum funding A grant provided to a State shall not be provided to a State for a fiscal year under this Act if the amount of the grant provided to the State for the fiscal year under part D of title III of the Energy Policy and Conservation Act 42 U.S.C. 6321 et seq. (c) Voluntary participation The participation of a State or covered entity in a challenge established under this Act shall be voluntary. 8. Authorization of appropriations (a) In general There is authorized to be appropriated to carry out this Act $200,000,000 for the period of fiscal years 2014 through 2017. (b) Allocation Of the total amount of funds made available under subsection (a)— (1) 30 percent shall be used to provide an initial allocation of grants to States under section 4; (2) 52 1/2 (3) 12 1/2 (4) 5 percent shall be available to the Secretary for the cost of administration and technical support to carry out this Act. 9. Offset Section 422(f) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17082(f) (1) in paragraph (3), by striking and (2) by striking paragraph (4) and inserting the following: (4) $200,000,000 for fiscal year 2013; (5) $150,000,000 for each of fiscal years 2014 through 2017; and (6) $200,000,000 for fiscal year 2018. .

State Energy Race to the Top Initiative Act of 2013

Pechanga Band of Luiseno Mission Indians Water Rights Settlement Act - (Sec. 4) Authorizes, ratifies, and confirms the Pechanga Settlement Agreement (Agreement), entered into by the Pechanga Band of Luiseno Mission Indians, the Rancho California Water District (RCWD), and the United States, except to the extent that it is modified by or conflicts with this Act. Authorizes, ratifies, and confirms any amendment to the Agreement to the extent such amendment is executed to make the Agreement consistent with this Act. Directs the Secretary of the Interior to execute the Agreement and any amendments to the Agreement necessary to make it consistent with this Act. Deems the execution of the Agreement to not constitute a major federal action under the National Environmental Policy Act of 1969. (Sec. 5) Confirms a Tribal Water Right of up to 4,994 acre-feet of water per year that, under natural conditions, is physically available on the Band's Reservation. Requires the Tribal Water Right to be held in trust by the United States on behalf of the Band and its Allottees, free from forfeiture or abandonment. Gives the Band the authority to use, allocate, distribute, and lease the Tribal Water Right in accordance with the Agreement and applicable federal law. Authorizes Allottees to lease their lands together with any water right that is appurtenant to such lands. (Allottees are individuals who hold a beneficial real property interest in an Indian allotment that is located within the Reservation and held in trust by the United States.) Requires the Band to enact a Pechanga Water Code that governs the storage, recovery, and use of the Tribal Water Right in accordance with the Agreement. Subjects any provision of the Pechanga Water Code and any amendment to the Code that affects Allottee's rights to the Secretary's approval. (Sec. 7) Authorizes and directs the Band and the United States (acting as trustee for the Band), in return for recognition of the Tribal Water Right and the other benefits set forth in the Agreement and this Act, to waive all claims for water rights within the Santa Margarita River Watershed that those parties asserted or could have asserted in any proceeding. States that the Band and the United States, acting as trustee for the Band, waives claims against the RCWD regarding: (1) Santa Margarita River Watershed water rights, (2) subsidence damage to lands within the Reservation, and (3) the negotiation or execution of the Agreement or this Act. Authorizes and directs the United States (acting as trustee for Allottees), in return for recognition of the Tribal Water Right and the other benefits set forth in the Agreement and this Act, to waive all claims for water rights within the Santa Margarita River Watershed that the United States asserted or could have asserted in any proceeding. Authorizes the waiver of claims by the Band against the United States regarding: (1) Santa Margarita River Watershed water rights; (2) damages, losses, or injuries to water, water rights, land, or natural resources due to loss of water or water rights in such Watershed; (3) pending litigation of claims relating to the Band's water rights; and (4) the negotiation or execution of the Agreement or this Act. Retains specified rights and claims for the Band and its Allottees. (Sec. 9) Establishes in the Treasury the Pechanga Settlement Fund, consisting of (1) the Pechanga Recycled Water Infrastructure account, (2) the Pechanga ESAA (Extension of Service Area Agreement) Delivery Capacity account, (3) the Pechanga Water Fund account, and (4) the Pechanga Water Quality account. Requires amounts in: the Pechanga Recycled Water Infrastructure account to be used to fulfill the Band's obligations under the Recycled Water Infrastructure Agreement for the design and construction of the Storage Pond, the Pechanga ESAA Delivery Capacity account to be used to fulfill the Band's obligations under the ESAA Capacity Agreement for the provision by the RCWD of Interim and Permanent Capacity to the Band, the Pechanga Water Fund account to be used to pay the EMWD (Eastern Municipal Water District) and MWD (Metropolitan Water District of Southern California) Connection Fees and other expenses the Band incurs in connection with the delivery or use of water pursuant to the Agreement, the Pechanga Water Quality account to be used by the Band to fund groundwater desalination activities within the Wolf Valley Basin. (Sec. 11) Authorizes appropriations for each account of the Pechanga Settlement Fund. (Sec. 12) Makes this Act enforceable on the date the Secretary publishes findings that: the Adjudication Court has approved the Agreement, all amounts authorized by this Act have been deposited in the Pechanga Settlement Fund, the waivers authorized by this Act have been executed by the Band and the Secretary, the Extension of Service Area Agreement has been approved and executed by its parties and is effective and enforceable in accordance with its terms, and the ESAA Water Delivery Agreement has been approved and executed by its parties and is effective and enforceable in accordance with its terms. Repeals this Act and voids any related agreements on the later of May 1, 2021, or the day after an alternative later date agreed to by the Band and the Secretary if the Secretary does not publish those findings by April 30, 2021, or such alternative date. Returns any appropriations and unobligated amounts to the general fund of the Treasury. (Sec. 13) Prohibits the United States from being liable for failing to carry out any obligation or activity authorized under this Act if there are insufficient appropriations, or insufficient funds in the Reclamation Water Settlements Fund or the Emergency Fund for Indian Safety and Health, to carry out the purposes of this Act.

To authorize the Pechanga Band of Luiseño Mission Indians Water Rights Settlement, and for other purposes. 1. Short title (a) Short title This Act may be cited as the Pechanga Band of Luiseño Mission Indians Water Rights Settlement Act (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Purposes. Sec. 3. Definitions. Sec. 4. Approval of the Pechanga Settlement Agreement. Sec. 5. Tribal Water Right. Sec. 6. Satisfaction of claims. Sec. 7. Waiver of claims. Sec. 8. Water facilities. Sec. 9. Pechanga Settlement Fund. Sec. 10. Miscellaneous provisions. Sec. 11. Authorization of appropriations. Sec. 12. Repeal on failure of enforceability date. Sec. 13. Antideficiency. 2. Purposes The purposes of this Act are— (1) to achieve a fair, equitable, and final settlement of claims to water rights and certain claims for injuries to water rights in the Santa Margarita River Watershed for— (A) the Band; and (B) the United States, acting in its capacity as trustee for the Band and allottees; (2) to achieve a fair, equitable, and final settlement of certain claims by the Band and allottees against the United States; (3) to authorize, ratify, and confirm the Pechanga Settlement Agreement to be entered into by the Band, RCWD, EMWD, and the United States; (4) to authorize and direct the Secretary— (A) to execute the Pechanga Settlement Agreement; and (B) to take any other action necessary to carry out the Pechanga Settlement Agreement in accordance with this Act; and (5) to authorize the appropriation of amounts necessary for the implementation of the Pechanga Settlement Agreement and this Act. 3. Definitions In this Act: (1) Adjudication court The term Adjudication Court (2) Adjudication proceeding The term Adjudication Proceeding (3) AFY The term AFY (4) Allottee The term allottee (A) located within the Reservation; and (B) held in trust by the United States. (5) Band (A) In general The term Band (B) Exclusion The term Band (6) Claims The term claims (7) EMWD The term EMWD (8) EMWD connection fee The term EMWD Connection Fee (9) Enforceability date The term enforceability date (10) ESAA capacity agreement The term ESAA Capacity Agreement Agreement to Provide Capacity for Delivery of ESAA Water (11) ESAA water The term ESAA Water (12) Extension of service area agreement The term Extension of Service Area Agreement Agreement for Extension of Existing Service Area (13) Fallbrook decree (A) In general The term Fallbrook Decree Modified Final Judgment And Decree (B) Inclusions The term Fallbrook Decree Modified Final Judgment And Decree (14) Fund The term Fund (15) Indian tribe The term Indian tribe 25 U.S.C. 450b (16) Injury to water rights The term injury to water rights (17) Interim capacity The term Interim Capacity (18) Interim capacity notice The term Interim Capacity Notice (19) MWD The term MWD (20) MWD connection fee The term MWD Connection Fee (21) Pechanga ESAA delivery capacity account The term Pechanga ESAA Delivery Capacity account (22) Pechanga recycled water infrastructure account The term Pechanga Recycled Water Infrastructure account (23) Pechanga settlement agreement The term Pechanga Settlement Agreement (24) Pechanga water code The term Pechanga Water Code (25) Pechanga water fund account The term Pechanga Water Fund account (26) Pechanga Water quality account The term Pechanga Water Quality account (27) Permanent capacity The term Permanent Capacity (28) Permanent capacity notice The term Permanent Capacity Notice (29) RCWD (A) In general The term RCWD (B) Inclusions The term RCWD (30) Recycled water infrastructure agreement The term Recycled Water Infrastructure Agreement Agreement for Recycled Water Infrastructure (31) Recycled water transfer agreement The term Recycled Water Transfer Agreement Recycled Water Transfer Agreement (32) Reservation (A) In general The term Reservation (B) Applicability of term The term Reservation (33) Santa margarita river watershed The term Santa Margarita River Watershed (34) Secretary The term Secretary (35) State The term State (36) Storage pond The term Storage Pond (37) Tribal water right The term Tribal Water Right 4. Approval of the Pechanga Settlement Agreement (a) Ratification of Pechanga Settlement Agreement (1) In general Except as modified by this Act, and to the extent that the Pechanga Settlement Agreement does not conflict with this Act, the Pechanga Settlement Agreement is authorized, ratified, and confirmed. (2) Amendments to Compact Any amendment to the Pechanga Settlement Agreement is authorized, ratified, and confirmed, to the extent that the amendment is executed to make the Pechanga Settlement Agreement consistent with this Act. (b) Execution of pechanga settlement agreement (1) In general To the extent that the Pechanga Settlement Agreement does not conflict with this Act, the Secretary is directed to and shall promptly execute— (A) the Pechanga Settlement Agreement (including any exhibits to or part of the Pechanga Settlement Agreement requiring the signature of the Secretary); and (B) any amendment to the Pechanga Settlement Agreement necessary to make the Pechanga Settlement Agreement consistent with this Act. (2) Modifications Nothing in this Act precludes the Secretary from approving modifications to exhibits to the Pechanga Settlement Agreement not inconsistent with this Act, to the extent those modifications do not otherwise require congressional approval pursuant to section 2116 of the Revised Statutes ( 25 U.S.C. 177 (c) Environmental compliance (1) In general In implementing the Pechanga Settlement Agreement, the Secretary shall promptly comply with all applicable requirements of— (A) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (C) all other applicable Federal environmental laws; and (D) all regulations promulgated under the laws described in subparagraphs (A) through (C). (2) Execution of the pechanga settlement agreement (A) In general Execution of the Pechanga Settlement Agreement by the Secretary under this section shall not constitute a major Federal action under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (B) Compliance The Secretary is directed to carry out all Federal compliance necessary to implement the Pechanga Settlement Agreement. (3) Lead agency The Bureau of Reclamation shall be designated as the lead agency with respect to environmental compliance. 5. Tribal Water Right (a) Intent of congress It is the intent of Congress to provide to each allottee benefits that are equal to or exceed the benefits allottees possess as of the date of enactment of this Act, taking into consideration— (1) the potential risks, cost, and time delay associated with litigation that would be resolved by the Pechanga Settlement Agreement and this Act; (2) the availability of funding under this Act; (3) the availability of water from the Tribal Water Right and other water sources as set forth in the Pechanga Settlement Agreement; and (4) the applicability of section 7 of the Act of February 8, 1887 ( 25 U.S.C. 381 (b) Confirmation of tribal water right (1) In general The Tribal Water Right is ratified, confirmed, and declared to be valid. (2) Characteristics of tribal water right (A) In general The Tribal Water Right shall be equal to 4,994 AFY of water that is subject to the jurisdiction of the Adjudication Court. (B) Priority dates The priority date for— (i) 3,019 AFY of the Tribal Water Right shall be June 27, 1882; (ii) 182 AFY of the Tribal Water Right shall be August 29, 1893; (iii) 729 AFY of the Tribal Water Right shall be January 9, 1907; (iv) 563 AFY of the Tribal Water Right shall be March 11, 1907; and (v) 501 AFY of the Tribal Water Right shall be May 25, 1931. (3) Use Subject to the terms of the Pechanga Settlement Agreement, this Act, the Fallbrook Decree, and applicable Federal law, the Band may use the Tribal Water Right for any purpose on the Reservation. (c) Holding in trust The Tribal Water Right— (1) shall be held in trust by the United States on behalf of the Band and the allottees in accordance with this section; and (2) shall not be subject to forfeiture or abandonment. (d) Allottees (1) Applicability of act of February 8, 1887 The provisions of section 7 of the Act of February 8, 1887 ( 25 U.S.C. 381 (2) Entitlement to water Any entitlement to water of an allottee who has allotted land that is located within the exterior boundaries of the Reservation under Federal law shall be satisfied from the Tribal Water Right. (3) Allocations Allotted land of an allottee that is located within the exterior boundaries of the Reservation shall be entitled to a just and equitable allocation of water for irrigation purposes from the water resources described in the Pechanga Settlement Agreement. (4) Exhaustion of remedies Before asserting any claim against the United States under section 7 of the Act of February 8, 1887 (25 U.S.C. 381), or any other applicable law, an allottee shall exhaust remedies available under the Pechanga Water Code or other applicable tribal law. (5) Claims Following exhaustion of remedies available under the Pechanga Water Code or other applicable tribal law, an allottee may seek relief under section 7 of the Act of February 8, 1887 (25 U.S.C. 381), or other applicable law. (6) Authority The Secretary shall have the authority to protect the rights of allottees as specified in this section. (e) Authority of band (1) In general Except as provided in paragraph (2), the Band shall have authority to use, allocate, distribute, and lease the Tribal Water Right in accordance with— (A) the Pechanga Settlement Agreement; and (B) applicable Federal law. (2) Leases by allottees An allottee may lease any interest in land held by the allottee, together with any water right determined to be appurtenant to that interest in land. (f) Pechanga water code (1) In general Not later than 18 months after the enforceability date, the Band shall enact a Pechanga Water Code, that provides for— (A) the management, regulation, and governance of all uses of the Tribal Water Right in accordance with the Pechanga Settlement Agreement; and (B) establishment by the Band of conditions, permit requirements, and other limitations relating to the storage, recovery, and use of the Tribal Water Right in accordance with the Pechanga Settlement Agreement. (2) Inclusions The Pechanga Water Code shall provide— (A) that allocations of water to allottees shall be satisfied with water from the Tribal Water Right; (B) that charges for delivery of water for irrigation purposes for allottees shall be assessed in accordance with section 7 of the Act of February 8, 1887 ( 25 U.S.C. 381 (C) a process by which an allottee or water user on allotted land may request that the Band provide water for irrigation use in accordance with this Act; (D) a due process system for the consideration and determination by the Band of any request by an allottee, water user on allotted land, or any successor in interest to an allottee, for an allocation of such water for irrigation purposes on allotted land, including a process for— (i) appeal and adjudication of any denied or disputed distribution of water; and (ii) resolution of any contested administrative decision; and (E) a requirement that any allottee or water user on allotted land with a claim relating to the enforcement of rights of the allottee or water user under the Pechanga Water Code or relating to the amount of water allocated to land of the allottee shall first exhaust remedies available to the allottee under tribal law and the Pechanga Water Code before initiating an action against the United States or petitioning the Secretary pursuant to subsection (d)(4). (3) Action by secretary (A) In general The Secretary shall administer the Tribal Water Right until the Pechanga Water Code is enacted and approved in accordance with this section. (B) Approval Any provision of the Pechanga Water Code and any amendment to the Pechanga Water Code that affects the rights of allottees shall— (i) be subject to the approval of the Secretary; and (ii) not be valid until the date on which the amendment is approved by the Secretary. (C) Approval period The Secretary shall approve or disapprove the Pechanga Water Code within a reasonable period of time after the date on which the Band submits the Pechanga Water Code to the Secretary for approval. (g) Effect Except as otherwise specifically provided in this section, nothing in this Act— (1) authorizes any action by an allottee or water user on allotted land against any individual or entity, or against the Band, under Federal, State, tribal, or local law; or (2) alters or affects the status of any action pursuant to section 1491(a) 6. Satisfaction of claims (a) In general The benefits provided to the Band and the allottees under the Pechanga Settlement Agreement and this Act shall satisfy all claims of the Band and the allottees waived pursuant to section 7. (b) No recognition of water rights Except as provided in section 5(d), nothing in this Act recognizes or establishes any right of a member of the Band or an allottee to water within the Reservation. (c) Claims relating to development of water for reservation (1) In general The amounts authorized to be appropriated under section 11 shall be used to satisfy any claim of the allottees against the United States with respect to the development or protection of water resources for the Reservation. (2) Satisfaction of claims On the complete appropriation of amounts authorized to be appropriated under section 11, any claim of the allottees against the United States with respect to the development or protection of water resources for the Reservation shall be deemed to have been satisfied. 7. Waiver of claims (a) In general (1) Waiver of claims by the band and the United States (A) In general Subject to the retention of rights set forth in subsection (c), notwithstanding any provisions to the contrary in the Pechanga Settlement Agreement, the Band, and the United States on behalf of the Band and allottees, are authorized to execute waivers for any and all claims for water rights in the Santa Margarita River Watershed— (i) for land located within the Reservation in the Santa Margarita River Watershed arising from time immemorial and, thereafter, forever; and (ii) that are based on aboriginal occupancy for land overlying the Santa Margarita River Watershed arising from time immemorial and, thereafter, forever. (B) Claims against RCWD and EMWD Subject to the retention of rights set forth in subsection (c), notwithstanding any provisions to the contrary in the Pechanga Settlement Agreement, the Band and the United States on behalf of the Band and allottees fully release, acquit, and discharge RCWD and EMWD from— (i) claims for injuries to water rights in the Santa Margarita River Watershed for land located within the Reservation in that watershed arising or occurring at any time up to and including June 30, 2009; (ii) claims for injuries to water rights in the Santa Margarita River Watershed for land located within the Reservation in that watershed arising or occurring at any time after June 30, 2009, resulting from the diversion or use of water in a manner not in violation of the Pechanga Settlement Agreement or this Act; (iii) claims for subsidence damage to land located within the Reservation arising or occurring at any time up to and including June 30, 2009; (iv) claims for subsidence damage arising or occurring after June 30, 2009, to land located within the Reservation resulting from the diversion of underground water in a manner consistent with the Pechanga Settlement Agreement or this Act; and (v) claims arising out of, or relating in any manner to, the negotiation or execution of the Pechanga Settlement Agreement or the negotiation or execution of this Act. (2) Claims by the United states against the band Subject to the retention of rights set forth in subsection (c), to the extent consistent with this Act, the United States, in all its capacities (except as trustee for an Indian tribe other than the Band), as part of the performance of obligations under the Pechanga Settlement Agreement, is authorized to execute a waiver and release of any and all claims against the Band, including any agency, official, or employee of the Band, under Federal, State, or any other law for— (A) claims for injuries to water rights in the Santa Margarita River Watershed for land located within the Reservation in that watershed arising or occurring at any time up to and including June 30, 2009; (B) claims for injuries to water rights in the Santa Margarita River Watershed for land located within the Reservation in that watershed arising or occurring at any time after June 30, 2009, resulting from the diversion or use of water in a manner not in violation the Pechanga Settlement Agreement or this Act; (C) claims for subsidence damage to land located within the Reservation arising or occurring at any time up to and including June 30, 2009; (D) claims for subsidence damage arising or occurring after June 30, 2009, to land located within the Reservation resulting from the diversion of underground water in a manner not in violation of the Pechanga Settlement Agreement or this Act; and (E) claims arising out of, or relating in any manner to, the negotiation or execution of the Pechanga Settlement Agreement or the negotiation or execution of this Act. (3) Claims by the band against the United States Subject to the retention of rights set forth in subsection (c), the Band, on behalf of itself and its members, is authorized to execute a waiver and release of— (A) all claims against the United States, including the agencies and employees of the United States, relating to claims for water rights in, or water of, the Santa Margarita River Watershed that the United States, acting in its capacity as trustee for the Band, asserted, or could have asserted, in any proceeding, including the Adjudication Proceeding; (B) all claims against the United States, including the agencies and employees of the United States, relating to damages, losses, or injuries to water, water rights, land, or natural resources due to loss of water or water rights (including damages, losses or injuries to hunting, fishing, gathering, or cultural rights due to loss of water or water rights, claims relating to interference with, diversion, or taking of water or water rights, or claims relating to failure to protect, acquire, replace, or develop water, water rights, or water infrastructure) in the Santa Margarita River Watershed that first accrued at any time up to and including June 30, 2009; (C) all claims against the United States, including the agencies and employees of the United States, relating to the pending litigation of claims relating to the water rights of the Band in the Adjudication Proceeding; and (D) all claims against the United States, including the agencies and employees of the United States, relating to the negotiation or execution of the Pechanga Settlement Agreement or the negotiation or execution of this Act. (b) Effectiveness of waivers and releases The waivers under subsection (a) shall take effect on the enforceability date. (c) Reservation of rights and retention of claims Notwithstanding the waivers and releases authorized in this Act, the Band and the United States, acting in its capacity as trustee for the Band and allottees, retain— (1) claims for enforcement of the Pechanga Settlement Agreement and this Act; (2) claims against persons other than RCWD and EMWD; (3) claims for water rights that are outside the jurisdiction of the Adjudication Court; (4) claims for water rights for land within the Santa Margarita River Watershed that is outside the Reservation, subject to the condition that such claims are for water rights consistent with the water rights recognized for such land in the Fallbrook Decree; (5) rights to use and protect water rights acquired on or after the enforceability date; and (6) remedies, privileges, immunities, powers and claims, including claims for water rights, not specifically waived and released pursuant to this Act and the Pechanga Settlement Agreement. (d) Effect of pechanga settlement agreement and act Nothing in the Pechanga Settlement Agreement or this Act— (1) affects the ability of the United States or the Band, acting as sovereign, to take actions authorized by law, including any laws relating to health, safety, or the environment, including— (A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 42 U.S.C. 9601 et seq. (B) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. (C) the Federal Water Pollution Control Act 33 U.S.C. 1251 et seq. (D) any regulations implementing the Acts described in subparagraphs (A) through (C); (2) affects the ability of the United States to take actions acting as trustee for any other Indian tribe or an allottee of any other Indian tribe; (3) confers jurisdiction on any State court— (A) to interpret Federal law regarding health, safety, or the environment; (B) to determine the duties of the United States or other parties pursuant to Federal law regarding health, safety, or the environment; or (C) to conduct judicial review of Federal agency action; or (4) waives any claim of a member of the Band in an individual capacity that does not derive from a right of the Band. (e) Enforceability date The enforceability date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that— (1) the Pechanga Settlement Agreement has been approved by the Adjudication Court; (2) all amounts authorized by this Act have been deposited in the Fund; (3) the waivers and releases authorized in subsection (a) have been executed by the Band and the Secretary; and (4) the Extension of Service Area Agreement— (A) has been approved and executed by all the parties to the Extension of Service Area Agreement; and (B) is effective and enforceable in accordance with the terms of that Agreement. (f) Tolling of claims (1) In general Each applicable period of limitation and time-based equitable defense relating to a claim described in this section shall be tolled for the period beginning on the date of enactment of this Act and ending on the earlier of— (A) April 30, 2030; (B) such alternate date as is agreed to by the Band and the Secretary; and (C) the enforceability date. (2) Effects of subsection Nothing in this subsection revives any claim or tolls any period of limitation or time-based equitable defense that expired before the date of enactment of this Act. (3) Limitation Nothing in this section precludes the tolling of any period of limitations or any time-based equitable defense under any other applicable law. (g) Restriction If the full amount of appropriations authorized by this Act has not been made available to the Secretary by April 30, 2030— (1) the waivers authorized by this section shall expire and no longer have any force or effect; and (2) the statute of limitations for a claim waived under this section shall be tolled until April 30, 2030. (h) Voiding of waivers If the waivers authorized by this section are void under subsection (g)— (1) the approval of the United States of the Pechanga Settlement Agreement under section 4 shall no longer be effective; (2) any unexpended Federal funds appropriated or made available to carry out the activities authorized by this Act, together with any interest earned on those funds, and any water right or contract to use water and title to other property acquired or constructed with Federal funds appropriated or made available to carry out the activities authorized in this Act shall be returned to the Federal Government, unless otherwise agreed to by the Band and the United States and approved by Congress; and (3) except for Federal funds used to acquire or develop property that is returned to the Federal Government under paragraph (2), the United States shall be entitled to set off any Federal funds appropriated or made available to carry out the activities authorized by this Act that were expended or withdrawn, together with any interest accrued, against any claims against the United States relating to water rights asserted by the Band or in any future settlement of the water rights of the Band. 8. Water facilities (a) In general The Secretary shall, subject to the availability of appropriations, using amounts from the designated accounts of the Fund, provide the amounts necessary to fulfill the obligations of the Band under the Recycled Water Infrastructure Agreement and the ESAA Capacity Agreement, in an amount not to exceed the amounts deposited in the designated accounts for those purposes, in accordance with this Act and the terms and conditions of those agreements. (b) Nonreimbursability of costs All costs incurred by the Secretary in carrying out this section shall be nonreimbursable. (c) Recycled water infrastructure (1) In general The Secretary shall, using amounts from the Pechanga Recycled Water Infrastructure account, provide amounts for the Storage Pond in accordance with this section. (2) Storage pond (A) In general The Secretary shall, subject to the availability of appropriations, provide the amounts necessary to fulfill the obligations of the Band under the Recycled Water Infrastructure Agreement for the design and construction of the Storage Pond, in an amount not to exceed $2,500,000, adjusted for changes since June 30, 2009, in construction costs as indicated by engineering cost indices applicable to types of construction required to design and construct the Storage Pond. (B) Procedure The procedure for the Secretary to provide amounts pursuant to this section shall be as set forth in the Recycled Water Infrastructure Agreement. (C) Lead agency The Bureau of Reclamation shall be the lead agency for purposes of the implementation of this section. (D) Liability The United States shall have no responsibility or liability for the Storage Pond to be designed and constructed by RCWD. (E) Reversion If RCWD does not submit the Storage Pond notice to the Band by the date that is 3 years after the enforceability date, the amounts remaining in the Pechanga Recycled Water Infrastructure account for purposes of the design and construction of the Storage Pond, including any interest that has accrued on those amounts, shall revert to the general fund of the Treasury. (d) ESAA delivery capacity (1) In general The Secretary shall, using amounts from the Pechanga ESAA Delivery Capacity account, provide amounts for Interim Capacity and Permanent Capacity in accordance with this section. (2) Interim capacity (A) In general The Secretary shall, subject to the availability of appropriations, using amounts from the ESAA Delivery Capacity account, provide amounts necessary to fulfill the obligations of the Band under the ESAA Capacity Agreement for the provision by RCWD of Interim Capacity to the Band in an amount not to exceed $1,000,000. (B) Procedure The procedure for the Secretary to provide amounts pursuant to this section shall be as set forth in the ESAA Capacity Agreement. (C) Lead agency The Bureau of Reclamation shall be the lead agency for purposes of the implementation of this section. (D) Liability The United States shall have no responsibility or liability for the Interim Capacity to be provided by RCWD. (E) Transfer to Band If RCWD does not provide the Interim Capacity Notice required pursuant to the ESAA Capacity Agreement by the date that is 60 days after the date required under the ESAA Capacity Agreement, the amounts in the Pechanga ESAA Delivery Capacity account for purposes of the provision of Interim Capacity and Permanent Capacity, including any interest that has accrued on those amounts, shall be available for use by the Band to provide alternative interim capacity in a manner that is similar to the Interim Capacity and Permanent Capacity that the Band would have received had RCWD provided such Interim Capacity and Permanent Capacity. (3) Permanent capacity (A) In general On receipt of the Permanent Capacity Notice pursuant to section 5(b) of the ESAA Capacity Agreement, the Secretary, acting through the Bureau of Reclamation, shall enter into negotiations with RCWD and the Band to establish an agreement that will allow for the disbursement of amounts from the Pechanga ESAA Delivery Capacity account in accordance with subparagraph (B). (B) Schedule of disbursement (i) In general Subject to clause (ii), on execution of the ESAA Capacity Agreement, the Secretary shall, subject to the availability of appropriations and using amounts from the ESAA Delivery Capacity account, provide amounts necessary to fulfill the obligations of the Band under the ESAA Capacity Agreement for the provision by RCWD of Permanent Capacity to the Band in an amount not to exceed $22,000,000. (ii) Adjustment The amount under clause (i) shall be adjusted for changes in construction costs since June 30, 2009, as indicated by engineering cost indices applicable to types of construction required to design and construct the Permanent Capacity. (C) Procedure The procedure for the Secretary to provide funds pursuant to this section shall be as set forth in the ESAA Capacity Agreement. (D) Lead agency The Bureau of Reclamation shall be the lead agency for purposes of the implementation of this section. (E) Liability The United States shall have no responsibility or liability for the Permanent Capacity to be provided by RCWD. (F) Transfer to Band If RCWD does not provide the Permanent Capacity Notice required pursuant to the ESAA Capacity Agreement by the date that is 5 years after the enforceability date, the amounts in the Pechanga ESAA Delivery Capacity account for purposes of the provision of Permanent Capacity, including any interest that has accrued on those amounts, shall be available for use by the Band to provide alternative permanent capacity in a manner that is similar to the Permanent Capacity that the Band would have received had RCWD provided such Permanent Capacity. 9. Pechanga Settlement Fund (a) Establishment There is established in the Treasury of the United States a fund to be known as the Pechanga Settlement Fund (b) Transfers to Fund The Fund shall consist of such amounts as are deposited in the Fund under section 11(a). (c) Accounts of pechanga settlement fund The Secretary shall establish in the Fund the following accounts: (1) Pechanga Recycled Water Infrastructure account, consisting of amounts authorized to be appropriated under section 11(a)(1). (2) Pechanga ESAA Delivery Capacity account, consisting of amounts authorized to be appropriated under section 11(a)(2). (3) Pechanga Water Fund account, consisting of amounts authorized to be appropriated under section 11(a)(3). (4) Pechanga Water Quality account, consisting of amounts authorized to be appropriated under section 11(a)(4). (d) Deposits to fund (1) In general The Secretary of the Treasury shall promptly deposit in the Fund any amounts appropriated to the Fund. (2) Deposits to accounts The Secretary of the Treasury shall deposit amounts in the accounts of the Fund established under subsection (c). (e) Management (1) In general The Secretary shall manage the Fund, make investments from the Fund, and make amounts available from the Fund for distribution to the Band consistent with the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. (2) Investment of pechanga settlement fund The Secretary shall invest amounts in the Fund in accordance with— (A) the Act of April 1, 1880 (25 U.S.C. 161); (B) the first section of the Act of June 24, 1938 ( 25 U.S.C. 162a (C) the obligations of Federal corporations and Federal Government-sponsored entities, the charter documents of which provide that the obligations of the entities are lawful investments for federally managed funds, including— (i) the obligations of the United States Postal Service described in section 2005 (ii) bonds and other obligations of the Tennessee Valley Authority described in section 15d of the Tennessee Valley Authority Act of 1933 ( 16 U.S.C. 831n–4 (iii) mortgages, obligations, and other securities of the Federal Home Loan Mortgage Corporation described in section 303 of the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1452 (iv) bonds, notes, and debentures of the Commodity Credit Corporation described in section 4 of the Act of March 8, 1938 ( 15 U.S.C. 713a–4 (3) Distributions from pechanga settlement fund (A) In general Amounts from the Fund shall be used in accordance with subparagraphs (B) through (E). (B) Pechanga recycled water infrastructure account The Pechanga Recycled Water Infrastructure account shall be used for expenditures by the Band in accordance with section 8(c). (C) Pechanga esaa delivery capacity account The Pechanga ESAA Delivery Capacity account shall be used for expenditures by the Band in accordance with section 8(d). (D) Pechanga water fund account The Pechanga Water Fund account shall be used for— (i) payment of the EMWD Connection Fee; (ii) payment of the MWD Connection Fee; and (iii) any expenses, charges, or fees incurred by the Band in connection with the delivery or use of water pursuant to the Pechanga Settlement Agreement. (E) Pechanga water quality account The Pechanga Water Quality account shall be used by the Band to fund groundwater desalination activities within the Wolf Valley Basin. (4) Withdrawals by band (A) In general The Band may withdraw any portion of amounts in the Fund on approval by the Secretary of a tribal management plan in accordance with the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. (B) Requirements (i) In general In addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), the tribal management plan of the Band under subparagraph (A) shall require that the Band spend any amounts withdrawn from the Fund in accordance with this Act. (ii) Enforcement The Secretary may carry out such judicial or administrative actions as the Secretary determines to be necessary to enforce a tribal management plan to ensure that amounts withdrawn by the Band from the Fund under this paragraph are used in accordance with this Act. (C) Liability The Secretary and the Secretary of the Treasury shall not be liable for the expenditure or investment of amounts withdrawn from the Fund by the Band under this paragraph. (D) Expenditure plan (i) In general For each fiscal year, the Band shall submit to the Secretary for approval an expenditure plan for any portion of the amounts described in subparagraph (A) that the Band elects not to withdraw under this paragraph during the fiscal year. (ii) Inclusion An expenditure plan under clause (i) shall include a description of the manner in which, and the purposes for which, funds of the Band remaining in the Fund will be used during subsequent fiscal years. (iii) Approval On receipt of an expenditure plan under clause (i), the Secretary shall approve the plan if the Secretary determines that the plan is— (I) reasonable; and (II) consistent with this Act. (5) Annual reports The Band shall submit to the Secretary annual reports describing each expenditure by the Band of amounts in the Fund during the preceding calendar year. (6) Certain per capita distributions prohibited No amounts in the Fund shall be distributed to any member of the Band on a per capita basis. (f) Availability Amounts in the Fund shall be available for use by the Secretary and withdrawal by the Band beginning on the enforceability date. 10. Miscellaneous provisions (a) Waiver of sovereign immunity by the united states Except as provided in subsections (a) through (c) of section 208 of the Department of Justice Appropriation Act, 1953 ( 43 U.S.C. 666 (b) Other tribes not adversely affected Nothing in this Act quantifies or diminishes any land or water right, or any claim or entitlement to land or water, of an Indian tribe, band, or community other than the Band. (c) Limitation on claims for reimbursement With respect to Indian land within the Reservation— (1) the United States shall not submit against any Indian-owned land located within the Reservation any claim for reimbursement of the cost to the United States of carrying out this Act and the Pechanga Settlement Agreement; and (2) no assessment of any Indian-owned land located within the Reservation shall be made regarding that cost. (d) Effect on current law Nothing in this section affects any provision of law (including regulations) in effect on the day before the date of enactment of this Act with respect to preenforcement review of any Federal environmental enforcement action. 11. Authorization of appropriations (a) Authorization of appropriations (1) Pechanga recycled water infrastructure account There is authorized to be appropriated $2,500,000, for deposit in the Pechanga Recycled Water Infrastructure account, adjusted for changes in construction costs since June 30, 2009, in engineering cost indices applicable to types of construction required to design and construct the Storage Pond, to carry out the activities described in section 8(c). (2) Pechanga esaa delivery capacity account There is authorized to be appropriated $23,000,000, for deposit in the Pechanga ESAA Delivery Capacity account, adjusted for changes in construction costs since June 30, 2009, in engineering cost indices applicable to types of construction required to provide the Interim Capacity and the Permanent Capacity, to carry out the activities described in paragraphs (2) and (3) of section 8(d). (3) Pechanga water fund account There is authorized to be appropriated $12,232,000 for deposit in the Pechanga Water Fund account, adjusted to reflect changes in appropriate cost indices during the period beginning on the date of enactment and ending on the date of appropriation, for the purposes set forth in section 9(e)(3)(D). (4) Pechanga water quality account There is authorized to be appropriated $2,460,000 for deposit in the Pechanga Water Quality account, adjusted to reflect changes in appropriate cost indices during the period beginning on the date of enactment and ending on the date of appropriation, for the purposes set forth in section 9(e)(3)(E). 12. Repeal on failure of enforceability date If the Secretary does not publish a statement of findings under section 7(e) by April 30, 2030, or such alternative later date as is agreed to by the Band and the Secretary, as applicable— (1) this Act is repealed effective on the later of May 1, 2030, or the day after the alternative date agreed to by the Band and the Secretary; (2) any action taken by the Secretary and any contract or agreement pursuant to the authority provided under any provision of this Act shall be void; (3) any amounts appropriated under section 11, together with any interest on those amounts, shall immediately revert to the general fund of the Treasury; and (4) any amounts made available under section 11 that remain unexpended shall immediately revert to the general fund of the Treasury. 13. Antideficiency The United States shall not be liable for any failure to carry out any obligation or activity authorized to be carried out by this Act (including any obligation or activity under the Pechanga Settlement Agreement) if adequate appropriations are not provided expressly by Congress to carry out the purposes of this Act or there are not enough monies available to carry out the purposes of this Act in— (1) the Reclamation Water Settlements Fund established under section 10501(a) of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 407(a) (2) the Emergency Fund for Indian Safety and Health established by section 601(a) of the Tom Lantos and Henry J. Hyde United States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008 (25 U.S.C. 443c(a)). 1. Short title; table of contents (a) Short title This Act may be cited as the Pechanga Band of Luiseño Mission Indians Water Rights Settlement Act (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Definitions. Sec. 4. Approval of the Pechanga Settlement Agreement. Sec. 5. Tribal Water Right. Sec. 6. Satisfaction of claims. Sec. 7. Waiver of claims. Sec. 8. Water facilities. Sec. 9. Pechanga Settlement Fund. Sec. 10. Miscellaneous provisions. Sec. 11. Authorization of appropriations. Sec. 12. Repeal on failure of enforceability date. Sec. 13. Antideficiency. 2. Purposes The purposes of this Act are— (1) to achieve a fair, equitable, and final settlement of claims to water rights and certain claims for injuries to water rights in the Santa Margarita River Watershed for— (A) the Band; and (B) the United States, acting in its capacity as trustee for the Band and Allottees; (2) to achieve a fair, equitable, and final settlement of certain claims by the Band and Allottees against the United States; (3) to authorize, ratify, and confirm the Pechanga Settlement Agreement to be entered into by the Band, RCWD, and the United States; (4) to authorize and direct the Secretary— (A) to execute the Pechanga Settlement Agreement; and (B) to take any other action necessary to carry out the Pechanga Settlement Agreement in accordance with this Act; and (5) to authorize the appropriation of amounts necessary for the implementation of the Pechanga Settlement Agreement and this Act. 3. Definitions In this Act: (1) Adjudication court The term Adjudication Court (2) Adjudication proceeding The term Adjudication Proceeding (3) AFY The term AFY (4) Allottee The term Allottee (A) located within the Reservation; and (B) held in trust by the United States. (5) Band The term Band (6) Claims The term claims (7) EMWD The term EMWD (8) EMWD connection fee The term EMWD Connection Fee (9) Enforceability date The term enforceability date (10) ESAA capacity agreement The term ESAA Capacity Agreement Agreement to Provide Capacity for Delivery of ESAA Water (11) ESAA water The term ESAA Water (12) ESAA water delivery agreement The term ESAA Water Delivery Agreement (13) Extension of service area agreement The term Extension of Service Area Agreement Agreement for Extension of Existing Service Area (14) Fallbrook decree (A) In general The term Fallbrook Decree Modified Final Judgment And Decree (B) Inclusions The term Fallbrook Decree Modified Final Judgment And Decree (15) Fund The term Fund (16) Indian tribe The term Indian tribe 25 U.S.C. 450b (17) Injury to water rights The term injury to water rights (18) Interim capacity The term Interim Capacity (19) Interim capacity notice The term Interim Capacity Notice (20) Interlocutory judgment no. 41 The term Interlocutory Judgment No. 41 (21) MWD The term MWD (22) MWD connection fee The term MWD Connection Fee (23) Pechanga ESAA delivery capacity account The term Pechanga ESAA Delivery Capacity account (24) Pechanga recycled water infrastructure account The term Pechanga Recycled Water Infrastructure account (25) Pechanga settlement agreement The term Pechanga Settlement Agreement (26) Pechanga water code The term Pechanga Water Code (27) Pechanga water fund account The term Pechanga Water Fund account (28) Pechanga water quality account The term Pechanga Water Quality account (29) Permanent capacity The term Permanent Capacity (30) Permanent capacity notice The term Permanent Capacity Notice (31) RCWD (A) In general The term RCWD (B) Inclusions The term RCWD (32) Recycled water infrastructure agreement The term Recycled Water Infrastructure Agreement Agreement for Recycled Water Infrastructure (33) Recycled water transfer agreement The term Recycled Water Transfer Agreement Recycled Water Transfer Agreement (34) Reservation (A) In general The term Reservation (B) Applicability of term The term Reservation (35) Santa margarita river watershed The term Santa Margarita River Watershed (36) Secretary The term Secretary (37) State The term State (38) Storage pond The term Storage Pond (39) Tribal water right The term Tribal Water Right 4. Approval of the Pechanga Settlement Agreement (a) Ratification of Pechanga Settlement Agreement (1) In general Except as modified by this Act, and to the extent that the Pechanga Settlement Agreement does not conflict with this Act, the Pechanga Settlement Agreement is authorized, ratified, and confirmed. (2) Amendments Any amendment to the Pechanga Settlement Agreement is authorized, ratified, and confirmed, to the extent that such an amendment is executed to make the Pechanga Settlement Agreement consistent with this Act. (b) Execution of Pechanga Settlement Agreement (1) In general To the extent that the Pechanga Settlement Agreement does not conflict with this Act, the Secretary is directed to and promptly shall execute— (A) the Pechanga Settlement Agreement (including any exhibit to the Pechanga Settlement Agreement requiring the signature of the Secretary); and (B) any amendment to the Pechanga Settlement Agreement necessary to make the Pechanga Settlement Agreement consistent with this Act. (2) Modifications Nothing in this Act precludes the Secretary from approving modifications to exhibits to the Pechanga Settlement Agreement not inconsistent with this Act, to the extent such modifications do not otherwise require congressional approval pursuant to section 2116 of the Revised Statutes ( 25 U.S.C. 177 (c) Environmental compliance (1) In general In implementing the Pechanga Settlement Agreement, the Secretary shall promptly comply with all applicable requirements of— (A) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (B) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (C) all other applicable Federal environmental laws; and (D) all regulations promulgated under the laws described in subparagraphs (A) through (C). (2) Execution of the pechanga settlement agreement (A) In general Execution of the Pechanga Settlement Agreement by the Secretary under this section shall not constitute a major Federal action under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (B) Compliance The Secretary is directed to carry out all Federal compliance necessary to implement the Pechanga Settlement Agreement. (3) Lead agency The Bureau of Reclamation shall be designated as the lead agency with respect to environmental compliance. 5. Tribal Water Right (a) Intent of Congress It is the intent of Congress to provide to each Allottee benefits that are equal to or exceed the benefits Allottees possess as of the date of enactment of this Act, taking into consideration— (1) the potential risks, cost, and time delay associated with litigation that would be resolved by the Pechanga Settlement Agreement and this Act; (2) the availability of funding under this Act; (3) the availability of water from the Tribal Water Right and other water sources as set forth in the Pechanga Settlement Agreement; and (4) the applicability of section 7 of the Act of February 8, 1887 ( 25 U.S.C. 381 (b) Confirmation of tribal water right (1) In general A Tribal Water Right of up to 4,994 acre-feet of water per year that, under natural conditions, is physically available on the Reservation is confirmed in accordance with the Findings of Fact and Conclusions of Law set forth in Interlocutory Judgment No. 41, as affirmed by the Fallbrook Decree. (2) Use Subject to the terms of the Pechanga Settlement Agreement, this Act, the Fallbrook Decree, and applicable Federal law, the Band may use the Tribal Water Right for any purpose on the Reservation. (c) Holding in trust The Tribal Water Right, as set forth in subsection (b), shall— (1) be held in trust by the United States on behalf of the Band and the Allottees in accordance with this section; (2) include the priority dates described in Interlocutory Judgment No. 41, as affirmed by the Fallbrook Decree; and (3) not be subject to forfeiture or abandonment. (d) Allottees (1) Applicability of act of February 8, 1887 The provisions of section 7 of the Act of February 8, 1887 ( 25 U.S.C. 381 (2) Entitlement to water Any entitlement to water of allotted land located within the exterior boundaries of the Reservation under Federal law shall be satisfied from the Tribal Water Right. (3) Allocations Allotted land located within the exterior boundaries of the Reservation shall be entitled to a just and equitable allocation of water for irrigation and domestic purposes from the Tribal Water Right. (4) Exhaustion of remedies Before asserting any claim against the United States under section 7 of the Act of February 8, 1887 ( 25 U.S.C. 381 (5) Claims Following exhaustion of remedies available under the Pechanga Water Code or other applicable tribal law, an Allottee may seek relief under section 7 of the Act of February 8, 1887 ( 25 U.S.C. 381 (6) Authority The Secretary shall have the authority to protect the rights of Allottees as specified in this section. (e) Authority of band (1) In general Except as provided in paragraph (2), the Band shall have authority to use, allocate, distribute, and lease the Tribal Water Right in accordance with— (A) the Pechanga Settlement Agreement; and (B) applicable Federal law. (2) Leases by Allottees An Allottee may lease any interest in land held by the Allottee, together with any water right determined to be appurtenant to such interest in land. (f) Pechanga Water Code (1) In general Not later than 18 months after the enforceability date, the Band shall enact a Pechanga Water Code, that provides for— (A) the management, regulation, and governance of all uses of the Tribal Water Right in accordance with the Pechanga Settlement Agreement; and (B) establishment by the Band of conditions, permit requirements, and other limitations relating to the storage, recovery, and use of the Tribal Water Right in accordance with the Pechanga Settlement Agreement. (2) Inclusions The Pechanga Water Code shall provide— (A) that allocations of water to Allottees shall be satisfied with water from the Tribal Water Right; (B) that charges for delivery of water for irrigation purposes for Allottees shall be assessed in accordance with section 7 of the Act of February 8, 1887 ( 25 U.S.C. 381 (C) a process by which an Allottee (or any successor in interest to an Allottee) may request that the Band provide water for irrigation or domestic purposes in accordance with this Act; (D) a due process system for the consideration and determination by the Band of any request by an Allottee (or any successor in interest to an Allottee) for an allocation of such water for irrigation or domestic purposes on allotted land, including a process for— (i) appeal and adjudication of any denied or disputed distribution of water; and (ii) resolution of any contested administrative decision; and (E) a requirement that any Allottee (or any successor in interest to an Allottee) with a claim relating to the enforcement of rights of the Allottee (or any successor in interest to an Allottee) under the Pechanga Water Code or relating to the amount of water allocated to land of the Allottee must first exhaust remedies available to the Allottee under tribal law and the Pechanga Water Code before initiating an action against the United States or petitioning the Secretary pursuant to subsection (d)(4). (3) Action by secretary (A) In general The Secretary shall administer the Tribal Water Right until the Pechanga Water Code is enacted and approved under this section. (B) Approval Any provision of the Pechanga Water Code and any amendment to the Pechanga Water Code that affects the rights of Allottees shall be subject to the approval of the Secretary, and no such provision or amendment shall be valid until approved by the Secretary. (C) Approval period The Secretary shall approve or disapprove the Pechanga Water Code within a reasonable period of time after the date on which the Band submits the Pechanga Water Code to the Secretary for approval. (g) Effect Except as otherwise specifically provided in this section, nothing in this Act— (1) authorizes any action by an Allottee (or any successor in interest to an Allottee) against any individual or entity, or against the Band, under Federal, State, tribal, or local law; or (2) alters or affects the status of any action pursuant to section 1491(a) 6. Satisfaction of claims (a) In general The benefits provided to the Band and Allottees under the Pechanga Settlement Agreement and this Act shall be in complete replacement of, complete substitution for, and full satisfaction of all claims of the Band against the United States that are waived and released pursuant to section 7. (b) Allottee claims The benefits realized by the Allottees under this Act shall be in complete replacement of, complete substitution for, and full satisfaction of— (1) all claims that are waived and released pursuant to section 7; and (2) any claims of the Allottees against the United States that the Allottees have or could have asserted that are similar in nature to any claim described in section 7. (c) No recognition of water rights Except as provided in section 5(d), nothing in this Act recognizes or establishes any right of a member of the Band or an Allottee to water within the Reservation. (d) Claims relating to development of water for reservation (1) In general The amounts authorized to be appropriated pursuant to section 11 shall be used to satisfy any claim of the Allottees against the United States with respect to the development or protection of water resources for the Reservation. (2) Satisfaction of claims Upon the complete appropriation of amounts authorized pursuant to section 11, any claim of the Allottees against the United States with respect to the development or protection of water resources for the Reservation shall be deemed to have been satisfied. 7. Waiver of claims (a) In general (1) Waiver of claims by the band and the united states acting in its capacity as trustee for the band (A) In general Subject to the retention of rights set forth in subsection (c), in return for recognition of the Tribal Water Right and other benefits as set forth in the Pechanga Settlement Agreement and this Act, the Band, on behalf of itself and the members of the Band (but not tribal members in their capacities as Allottees), and the United States, acting as trustee for the Band, are authorized and directed to execute a waiver and release of all claims for water rights within the Santa Margarita River Watershed that the Band, or the United States acting as trustee for the Band, asserted or could have asserted in any proceeding, including the Adjudication Proceeding, except to the extent that such rights are recognized in the Pechanga Settlement Agreement and this Act. (B) Claims against rcwd Subject to the retention of rights set forth in subsection (c) and notwithstanding any provisions to the contrary in the Pechanga Settlement Agreement, the Band and the United States, on behalf of the Band and Allottees, fully release, acquit, and discharge RCWD from— (i) claims for injuries to water rights in the Santa Margarita River Watershed for land located within the Reservation arising or occurring at any time up to and including June 30, 2009; (ii) claims for injuries to water rights in the Santa Margarita River Watershed for land located within the Reservation arising or occurring at any time after June 30, 2009, resulting from the diversion or use of water in a manner not in violation of the Pechanga Settlement Agreement or this Act; (iii) claims for subsidence damage to land located within the Reservation arising or occurring at any time up to and including June 30, 2009; (iv) claims for subsidence damage arising or occurring after June 30, 2009, to land located within the Reservation resulting from the diversion of underground water in a manner consistent with the Pechanga Settlement Agreement or this Act; and (v) claims arising out of, or relating in any manner to, the negotiation or execution of the Pechanga Settlement Agreement or the negotiation or execution of this Act. (2) Claims by the united states acting in its capacity as trustee for Allottees Subject to the retention of claims set forth in subsection (c), in return for recognition of the water rights of the Band and other benefits as set forth in the Pechanga Settlement Agreement and this Act, the United States, acting as trustee for Allottees, is authorized and directed to execute a waiver and release of all claims for water rights within the Santa Margarita River Watershed that the United States, acting as trustee for the Allottees, asserted or could have asserted in any proceeding, including the Adjudication Proceeding. (3) Claims by the band against the united states Subject to the retention of rights set forth in subsection (c), the Band, on behalf of itself and its members (but not tribal members in their capacity as Allottees), is authorized to execute a waiver and release of— (A) all claims against the United States (including the agencies and employees of the United States) relating to claims for water rights in, or water of, the Santa Margarita River Watershed that the United States, acting in its capacity as trustee for the Band, asserted, or could have asserted, in any proceeding, including the Adjudication Proceeding, except to the extent that such rights are recognized in the Pechanga Settlement Agreement and this Act; (B) all claims against the United States (including the agencies and employees of the United States) relating to damages, losses, or injuries to water, water rights, land, or natural resources due to loss of water or water rights (including damages, losses or injuries to hunting, fishing, gathering, or cultural rights due to loss of water or water rights, claims relating to interference with, diversion, or taking of water or water rights, or claims relating to failure to protect, acquire, replace, or develop water, water rights, or water infrastructure) in the Santa Margarita River Watershed that first accrued at any time up to and including the enforceability date; (C) all claims against the United States (including the agencies and employees of the United States) relating to the pending litigation of claims relating to the water rights of the Band in the Adjudication Proceeding; and (D) all claims against the United States (including the agencies and employees of the United States) relating to the negotiation or execution of the Pechanga Settlement Agreement or the negotiation or execution of this Act. (b) Effectiveness of waivers and releases The waivers under subsection (a) shall take effect on the enforceability date. (c) Reservation of rights and retention of claims Notwithstanding the waivers and releases authorized in this Act, the Band, on behalf of itself and the members of the Band, and the United States, acting in its capacity as trustee for the Band and Allottees, retain— (1) all claims for enforcement of the Pechanga Settlement Agreement and this Act; (2) all claims against any person or entity other than the United States and RCWD, including claims for monetary damages; (3) all claims for water rights that are outside the jurisdiction of the Adjudication Court; (4) all rights to use and protect water rights acquired on or after the enforceability date; and (5) all remedies, privileges, immunities, powers and claims, including claims for water rights, not specifically waived and released pursuant to this Act and the Pechanga Settlement Agreement. (d) Effect of Pechanga Settlement Agreement and Act Nothing in the Pechanga Settlement Agreement or this Act— (1) affects the ability of the United States, acting as sovereign, to take actions authorized by law, including any laws relating to health, safety, or the environment, including— (A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); (B) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. (C) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. (D) any regulations implementing the Acts described in subparagraphs (A) through (C); (2) affects the ability of the United States to take actions acting as trustee for any other Indian tribe or an Allottee of any other Indian tribe; (3) confers jurisdiction on any State court— (A) to interpret Federal law regarding health, safety, or the environment; (B) to determine the duties of the United States or other parties pursuant to Federal law regarding health, safety, or the environment; or (C) to conduct judicial review of Federal agency action; (4) waives any claim of a member of the Band in an individual capacity that does not derive from a right of the Band; (5) limits any funding that RCWD would otherwise be authorized to receive under any Federal law, including the Reclamation Wastewater and Groundwater Study and Facilities Act ( 43 U.S.C. 390h et seq. (6) characterizes any amounts received by RCWD under the Pechanga Settlement Agreement or this Act as Federal for purposes of section 1649 of the Reclamation Wastewater and Groundwater Study and Facilities Act ( 43 U.S.C. 390h-32 (7) affects the requirement of any party to the Pechanga Settlement Agreement or any of the exhibits to the Pechanga Settlement Agreement to comply with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (e) Enforceability date The enforceability date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that— (1) the Adjudication Court has approved and entered a judgment and decree approving the Pechanga Settlement Agreement in substantially the same form as Appendix 2 to the Pechanga Settlement Agreement; (2) all amounts authorized by this Act have been deposited in the Fund; (3) the waivers and releases authorized in subsection (a) have been executed by the Band and the Secretary; (4) the Extension of Service Area Agreement— (A) has been approved and executed by all the parties to the Extension of Service Area Agreement; and (B) is effective and enforceable in accordance with the terms of that Agreement; and (5) the ESAA Water Delivery Agreement— (A) has been approved and executed by all the parties to the ESAA Water Delivery Agreement; and (B) is effective and enforceable in accordance with the terms of that agreement. (f) Tolling of claims (1) In general Each applicable period of limitation and time-based equitable defense relating to a claim described in this section shall be tolled for the period beginning on the date of enactment of this Act and ending on the earlier of— (A) April 30, 2030, or such alternate later date as is agreed to be the Band and the Secretary; or (B) the enforceability date. (2) Effects of subsection Nothing in this subsection revives any claim or tolls any period of limitation or time-based equitable defense that expired before the date of enactment of this Act. (3) Limitation Nothing in this section precludes the tolling of any period of limitations or any time-based equitable defense under any other applicable law. (g) Termination (1) In general If all of the amounts authorized to be appropriated to the Secretary under this Act have not been made available to the Secretary by April 30, 2030— (A) the waivers authorized in this section shall expire and be of no further force or effect; and (B) all statutes of limitations applicable to any claim otherwise waived shall be tolled until April 30, 2030. (2) Voiding of waivers If the waivers pursuant to this section are void under paragraph (1)— (A) the approval of the United States of the Pechanga Settlement Agreement under section 4 of this Act shall be void and have no further force or effect; (B) any unexpended Federal amounts appropriated or made available to carry out this Act, together with any interest earned on those amounts, and any water rights or contracts to use water and title to other property acquired or constructed with Federal amounts appropriated or made available to carry out this Act shall be returned to the Federal Government, unless otherwise agreed to by the Band and the United States and approved by Congress; and (C) except for Federal amounts used to acquire or develop property that is returned to the Federal Government under subparagraph (B), the United States shall be entitled to set off any Federal amounts appropriated or made available to carry out this Act that were expended or withdrawn, together with any interest accrued, against any claims against the United States relating to water rights asserted by the Band or Allottees in any future settlement of the water rights of the Band or Allottees. 8. Water facilities (a) In general The Secretary shall, subject to the availability of appropriations, using amounts from the designated accounts of the Fund, provide the amounts necessary to fulfill the obligations of the Band under the Recycled Water Infrastructure Agreement and the ESAA Capacity Agreement, in an amount not to exceed the amounts deposited in the designated accounts for such purposes, in accordance with this Act and the terms and conditions of such agreements. (b) Nonreimbursability of costs All costs incurred by the Secretary in carrying out this section shall be nonreimbursable. (c) Recycled water infrastructure (1) In general The Secretary shall, using amounts from the Pechanga Recycled Water Infrastructure account, provide amounts for the Storage Pond in accordance with this section. (2) Storage pond (A) In general The Secretary shall, subject to the availability of appropriations, provide the amounts necessary to fulfill the obligations of the Band under the Recycled Water Infrastructure Agreement for the design and construction of the Storage Pond, in an amount not to exceed $2,656,374. (B) Procedure The procedure for the Secretary to provide amounts pursuant to this section shall be as set forth in the Recycled Water Infrastructure Agreement. (C) Lead agency The Bureau of Reclamation shall be the lead agency for purposes of the implementation of this section. (D) Liability The United States shall have no responsibility or liability for the Storage Pond. (d) ESAA delivery capacity (1) In general The Secretary shall, using amounts from the Pechanga ESAA Delivery Capacity account, provide amounts for Interim Capacity and Permanent Capacity in accordance with this section. (2) Interim capacity (A) In general The Secretary shall, subject to the availability of appropriations, using amounts from the ESAA Delivery Capacity account, provide amounts necessary to fulfill the obligations of the Band under the ESAA Capacity Agreement for the provision by RCWD of Interim Capacity to the Band in an amount not to exceed $1,000,000. (B) Procedure The procedure for the Secretary to provide amounts pursuant to this section shall be as set forth in the ESAA Capacity Agreement. (C) Lead agency The Bureau of Reclamation shall be the lead agency for purposes of the implementation of this section. (D) Liability The United States shall have no responsibility or liability for the Interim Capacity to be provided by RCWD. (E) Transfer to band If RCWD does not provide the Interim Capacity Notice required pursuant to the ESAA Capacity Agreement by the date that is 60 days after the date required under the ESAA Capacity Agreement, the amounts in the Pechanga ESAA Delivery Capacity account for purposes of the provision of Interim Capacity and Permanent Capacity, including any interest that has accrued on those amounts, shall be available for use by the Band to provide alternative interim capacity in a manner that is similar to the Interim Capacity and Permanent Capacity that the Band would have received had RCWD provided such Interim Capacity and Permanent Capacity. (3) Permanent capacity (A) In general On receipt of the Permanent Capacity Notice pursuant to section 5(b) of the ESAA Capacity Agreement, the Secretary, acting through the Bureau of Reclamation, shall enter into negotiations with RCWD and the Band to establish an agreement that will allow for the disbursement of amounts from the Pechanga ESAA Delivery Capacity account in accordance with subparagraph (B). (B) Schedule of disbursement (i) In general Subject to clause (ii), on execution of the ESAA Capacity Agreement, the Secretary shall, subject to the availability of appropriations and using amounts from the ESAA Delivery Capacity account, provide amounts necessary to fulfill the obligations of the Band under the ESAA Capacity Agreement for the provision by RCWD of Permanent Capacity to the Band in an amount not to exceed $16,900,000. (ii) Adjustment The amount under clause (i) shall be adjusted for changes in construction costs since June 30, 2009, as indicated by engineering cost indices applicable to types of construction required to design and construct the Permanent Capacity, until the date on which all amounts authorized to be appropriated under this Act have been made available. (C) Procedure The procedure for the Secretary to provide funds pursuant to this section shall be as set forth in the ESAA Capacity Agreement. (D) Lead agency The Bureau of Reclamation shall be the lead agency for purposes of the implementation of this section. (E) Liability The United States shall have no responsibility or liability for the Permanent Capacity to be provided by RCWD. (F) Transfer to band If RCWD does not provide the Permanent Capacity Notice required pursuant to the ESAA Capacity Agreement by the date that is 5 years after the enforceability date, the amounts in the Pechanga ESAA Delivery Capacity account for purposes of the provision of Permanent Capacity, including any interest that has accrued on those amounts, shall be available for use by the Band to provide alternative permanent capacity in a manner that is similar to the Permanent Capacity that the Band would have received had RCWD provided such Permanent Capacity. 9. Pechanga Settlement Fund (a) Establishment There is established in the Treasury of the United States a fund to be known as the Pechanga Settlement Fund (b) Transfers to fund The Fund shall consist of such amounts as are deposited in the Fund under section 11(a) of this Act, together with any interest earned on those amounts. (c) Accounts of Pechanga Settlement Fund The Secretary shall establish in the Fund the following accounts: (1) Pechanga Recycled Water Infrastructure account, consisting of amounts authorized pursuant to section 11(a)(1) of this Act. (2) Pechanga ESAA Delivery Capacity account, consisting of amounts authorized pursuant to section 11(a)(2) of this Act. (3) Pechanga Water Fund account, consisting of amounts authorized pursuant to section 11(a)(3) of this Act. (4) Pechanga Water Quality account, consisting of amounts authorized pursuant to section 11(a)(4) of this Act. (d) Management of fund The Secretary shall manage, invest, and distribute all amounts in the Fund in a manner that is consistent with the investment authority of the Secretary under— (1) the first section of the Act of June 24, 1938 ( 25 U.S.C. 162a (2) the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. (3) this section. (e) Availability of amounts Amounts appropriated to, and deposited in, the Fund, including any investment earnings, shall be made available to the Band by the Secretary beginning on the enforceability date. (f) Withdrawals by band pursuant to the American Indian Trust Fund Management Reform Act (1) In general The Band may withdraw all or part of the amounts in the Fund upon approval by the Secretary of a tribal management plan submitted by the Band in accordance with the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.). (2) Requirements (A) In general In addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. (B) Enforcement The Secretary may carry out such judicial or administrative actions as the Secretary determines to be necessary to enforce the tribal management plan to ensure that amounts withdrawn by the Band from the Fund under this subsection are used in accordance with this Act. (g) Withdrawals by band pursuant to an expenditure plan (1) In general The Band may request that all or part of the amounts in the Fund be disbursed on approval by the Secretary of an expenditure plan. (2) Requirements The expenditure plan under paragraph (1) shall include a description of the manner and purpose for which the amounts proposed to be disbursed from the Fund will be used, in accordance with subsection (h). (3) Approval On receipt of an expenditure plan under this subsection, the Secretary shall approve the plan, if the Secretary determines that the plan is consistent with the purposes of this Act. (4) Enforcement The Secretary may carry out such judicial or administrative actions as the Secretary determines to be necessary to enforce an expenditure plan to ensure that amounts disbursed under this subsection are used in accordance with this Act. (h) Uses Amounts from the Fund shall be used by the Band for the following purposes: (1) Pechanga recycled water infrastructure account The Pechanga Recycled Water Infrastructure account shall be used for expenditures by the Band in accordance with section 8(c). (2) Pechanga esaa delivery capacity account The Pechanga ESAA Delivery Capacity account shall be used for expenditures by the Band in accordance with section 8(d). (3) Pechanga water fund account The Pechanga Water Fund account shall be used for— (A) payment of the EMWD Connection Fee; (B) payment of the MWD Connection Fee; and (C) any expenses, charges, or fees incurred by the Band in connection with the delivery or use of water pursuant to the Pechanga Settlement Agreement. (4) Pechanga water quality account The Pechanga Water Quality account shall be used by the Band to fund groundwater desalination activities within the Wolf Valley Basin. (i) Liability The Secretary and the Secretary of the Treasury shall not be liable for the expenditure of, or the investment of any amounts withdrawn from, the Fund by the Band under subsection (f) or (g). (j) No per capita distributions No portion of the Fund shall be distributed on a per capita basis to any member of the Band. 10. Miscellaneous provisions (a) Waiver of sovereign immunity by the United States Except as provided in subsections (a) through (c) of section 208 of the Department of Justice Appropriation Act, 1953 ( 43 U.S.C. 666 (b) Other tribes not adversely affected Nothing in this Act quantifies or diminishes any land or water right, or any claim or entitlement to land or water, of an Indian tribe, band, or community other than the Band. (c) Limitation on claims for reimbursement With respect to Indian land within the Reservation— (1) the United States shall not submit against any Indian-owned land located within the Reservation any claim for reimbursement of the cost to the United States of carrying out this Act and the Pechanga Settlement Agreement; and (2) no assessment of any Indian-owned land located within the Reservation shall be made regarding that cost. (d) Effect on current law Nothing in this section affects any provision of law (including regulations) in effect on the day before the date of enactment of this Act with respect to preenforcement review of any Federal environmental enforcement action. 11. Authorization of appropriations (a) Authorization of appropriations (1) Pechanga recycled water infrastructure account There is authorized to be appropriated $2,656,374, for deposit in the Pechanga Recycled Water Infrastructure account, to carry out the activities described in section 8(c). (2) Pechanga esaa delivery capacity account There is authorized to be appropriated $17,900,000, for deposit in the Pechanga ESAA Delivery Capacity account, which amount shall be adjusted for changes in construction costs since June 30, 2009, as is indicated by ENR Construction Cost Index, 20-City Average, as applicable to types of construction required to provide the Interim Capacity and the Permanent Capacity, to carry out the activities described in paragraphs (2) and (3) of section 8(d), with such adjustment ending on the date on which all amounts authorized to be appropriated under this section have been made available. (3) Pechanga water fund account There is authorized to be appropriated $5,483,653, for deposit in the Pechanga Water Fund account, which amount shall be adjusted for changes in construction costs in the Consumer Price Index since June 30, 2009, with such adjustment ending on the date on which all amounts authorized to be appropriated under this section have been made available, for the purposes set forth in section 9(h)(3). (4) Pechanga water quality account There is authorized to be appropriated $2,460,000, for deposit in the Pechanga Water Quality account, which amount shall be adjusted for changes in construction costs in the Consumer Price Index since June 30, 2009, with such adjustment ending on the date on which all amounts authorized to be appropriated under this section have been made available, for the purposes set forth in section 9(e)(4). 12. Repeal on failure of enforceability date If the Secretary does not publish a statement of findings under section 7(e) by April 30, 2021, or such alternative later date as is agreed to by the Band and the Secretary, as applicable— (1) this Act is repealed effective on the later of May 1, 2021, or the day after the alternative date agreed to by the Band and the Secretary; (2) any action taken by the Secretary and any contract or agreement pursuant to the authority provided under any provision of this Act shall be void; (3) any amounts appropriated under section 11, together with any interest on those amounts, shall immediately revert to the general fund of the Treasury; and (4) any amounts made available under section 11 that remain unexpended shall immediately revert to the general fund of the Treasury. 13. Antideficiency The United States shall not be liable for failure to carry out any obligation or activity authorized to be carried out under this Act (including any such obligation or activity under the Pechanga Settlement Agreement) if adequate appropriations are not provided expressly to carry out the purposes of this Act by Congress or there are not enough monies available to carry out the purposes of this Act in— (1) the Reclamation Water Settlements Fund established under section 10501 of Public Law 111–11 (2) the Emergency Fund for Indian Safety and Health 22 U.S.C. 7601 et seq. April 3, 2014 Reported with an amendment

Pechanga Band of Luiseno Mission Indians Water Rights Settlement Act

Fair Tax Act of 2013 - Repeals the income tax, employment tax, and estate and gift tax. Redesignates the Internal Revenue Code of 1986 as the Internal Revenue Code of 2013. Imposes a national sales tax on the use or consumption in the United States of taxable property or services. Sets the sales tax rate at 23% in 2015, with adjustments to the rate in subsequent years. Allows exemptions from the tax for property or services purchased for business, export, or investment purposes, and for state government functions. Sets forth rules relating to: (1) the collection and remittance of the sales tax, and (2) credits and refunds. Allows a monthly sales tax rebate for families meeting certain size and income requirements. Grants states the primary authority for the collection of sales tax revenues and the remittance of such revenues to the Treasury. Sets forth administrative provisions relating to: (1) the filing of monthly reports and payments of tax; (2) accounting methods; (3) registration of sellers of goods and services responsible for reporting sales; (4) penalties for noncompliance; and (5) collections, appeals, and taxpayer rights. Directs the Secretary of the Treasury to allocate sales tax revenues among: (1) the general revenue, (2) the old-age and survivors insurance trust fund, (3) the disability insurance trust fund, (4) the hospital insurance trust fund, and (5) the federal supplementary medical insurance trust fund. Prohibits the funding of the Internal Revenue Service (IRS) after FY2017. Establishes in the Department of the Treasury: (1) an Excise Tax Bureau to administer excise taxes not administered by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); and (2) a Sales Tax Bureau to administer the national sales tax. Terminates the sales tax imposed by this Act if the Sixteenth Amendment to the U.S. Constitution (authorizing an income tax) is not repealed within seven years after the enactment of this Act.

To promote freedom, fairness, and economic opportunity by repealing the income tax and other taxes, abolishing the Internal Revenue Service, and enacting a national sales tax to be administered primarily by the States. 1. Short title; table of contents (a) Short Title This Act may be cited as the Fair Tax Act of 2013 (b) Table of Contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Congressional findings. Title I—Repeal of the Income Tax, Payroll Taxes, and Estate and Gift Taxes Sec. 101. Income taxes repealed. Sec. 102. Payroll taxes repealed. Sec. 103. Estate and gift taxes repealed. Sec. 104. Conforming amendments; effective date. Title II—Sales Tax Enacted Sec. 201. Sales tax. Sec. 202. Conforming and technical amendments. Title III—Other Matters Sec. 301. Phase-out of administration of repealed Federal taxes. Sec. 302. Administration of other Federal taxes. Sec. 303. Sales tax inclusive Social Security benefits indexation. Title IV—Sunset of Sales Tax if Sixteenth Amendment not Repealed Sec. 401. Elimination of sales tax if Sixteenth Amendment not repealed. 2. Congressional findings (a) Findings Relating to Federal Income Tax Congress finds the Federal income tax— (1) retards economic growth and has reduced the standard of living of the American public; (2) impedes the international competitiveness of United States industry; (3) reduces savings and investment in the United States by taxing income multiple times; (4) slows the capital formation necessary for real wages to steadily increase; (5) lowers productivity; (6) imposes unacceptable and unnecessary administrative and compliance costs on individual and business taxpayers; (7) is unfair and inequitable; (8) unnecessarily intrudes upon the privacy and civil rights of United States citizens; (9) hides the true cost of government by embedding taxes in the costs of everything Americans buy; (10) is not being complied with at satisfactory levels and therefore raises the tax burden on law abiding citizens; and (11) impedes upward social mobility. (b) Findings Relating to Federal Payroll Taxes Congress finds further that the Social Security and Medicare payroll taxes and self-employment taxes— (1) raise the cost of employment; (2) destroy jobs and cause unemployment; and (3) have a disproportionately adverse impact on lower income Americans. (c) Findings Relating to Federal Estate and Gift Taxes Congress finds further that the Federal estate and gift taxes— (1) force family businesses and farms to be sold by the family to pay such taxes; (2) discourage capital formation and entrepreneurship; (3) foster the continued dominance of large enterprises over small family-owned companies and farms; and (4) impose unacceptably high tax planning costs on small businesses and farms. (d) Findings Relating to National Sales Tax Congress finds further that a broad-based national sales tax on goods and services purchased for final consumption— (1) is similar in many respects to the sales and use taxes in place in 45 of the 50 States; (2) will promote savings and investment; (3) will promote fairness; (4) will promote economic growth; (5) will raise the standard of living; (6) will increase investment; (7) will enhance productivity and international competitiveness; (8) will reduce administrative burdens on the American taxpayer; (9) will improve upward social mobility; and (10) will respect the privacy interests and civil rights of taxpayers. (e) Findings Relating to Administration of National Sales Tax Congress further finds that— (1) most of the practical experience administering sales taxes is found at the State governmental level; (2) it is desirable to harmonize Federal and State collection and enforcement efforts to the maximum extent possible; (3) it is sound tax administration policy to foster administration and collection of the Federal sales tax at the State level in return for a reasonable administration fee to the States; and (4) businesses that must collect and remit taxes should receive reasonable compensation for the cost of doing so. (f) Findings Relating to Repeal of Present Federal Tax System Congress further finds that the 16th amendment to the United States Constitution should be repealed. I Repeal of the Income Tax, Payroll Taxes, and Estate and Gift Taxes 101. Income taxes repealed Subtitle A of the Internal Revenue Code of 1986 (relating to income taxes and self-employment taxes) is repealed. 102. Payroll taxes repealed (a) In General Subtitle C of the Internal Revenue Code of 1986 (relating to payroll taxes and withholding of income taxes) is repealed. (b) Funding of Social Security For funding of the Social Security Trust Funds from general revenue, see section 201 of the Social Security Act 42 U.S.C. 401 103. Estate and gift taxes repealed Subtitle B of the Internal Revenue Code of 1986 (relating to estate and gift taxes) is repealed. 104. Conforming amendments; effective date (a) Conforming Amendments The Internal Revenue Code of 1986 is amended— (1) by striking subtitle H (relating to financing of Presidential election campaigns), and (2) by redesignating— (A) subtitle D (relating to miscellaneous excise taxes) as subtitle B, (B) subtitle E (relating to alcohol, tobacco, and certain other excise taxes) as subtitle C, (C) subtitle F (relating to procedure and administration) as subtitle D, (D) subtitle G (relating to the Joint Committee on Taxation) as subtitle E, (E) subtitle I (relating to the Trust Fund Code) as subtitle F, (F) subtitle J (relating to coal industry health benefits) as subtitle G, and (G) subtitle K (relating to group health plan portability, access, and renewability requirements) as subtitle H. (b) Redesignation of 1986 Code (1) In general The Internal Revenue Code of 1986 enacted on October 22, 1986, as heretofore, hereby, or hereafter amended, may be cited as the Internal Revenue Code of 2013. (2) References in laws, etc Except when inappropriate, any reference in any law, Executive order, or other document— (A) to the Internal Revenue Code of 1986 shall include a reference to the Internal Revenue Code of 2013, and (B) to the Internal Revenue Code of 2013 shall include a reference to the provisions of law formerly known as the Internal Revenue Code of 1986. (c) Additional Amendments For additional conforming amendments, see section 202 of this Act. (d) Effective Date Except as otherwise provided in this Act, the amendments made by this Act shall take effect on January 1, 2015. II Sales Tax Enacted 201. Sales tax (a) In General The Internal Revenue Code of 2013 is amended by inserting before subtitle B (as redesignated by section 104(a)(2)(A)) the following new subtitle: A Sales Tax Sec. 1. Principles of interpretation. Sec. 2. Definitions. Chapter 1. Interpretation; definitions; imposition of tax; etc. Chapter 2. Credits; refunds Chapter 3. Family consumption allowance Chapter 4. Federal and state cooperative tax administration Chapter 5. Other administrative provisions Chapter 6. Collections; appeals; taxpayer rights Chapter 7. Special rules Chapter 8. Financial intermediation services Chapter 9. Additional matters 1. Principles of interpretation (a) In General Any court, the Secretary, and any sales tax administering authority shall consider the purposes of this subtitle (as set forth in subsection (b)) as the primary aid in statutory construction. (b) Purposes The purposes of this subtitle are as follows: (1) To raise revenue needed by the Federal Government in a manner consistent with the other purposes of this subtitle. (2) To tax all consumption of goods and services in the United States once, without exception, but only once. (3) To prevent double, multiple, or cascading taxation. (4) To simplify the tax law and reduce the administration costs of, and the costs of compliance with, the tax law. (5) To provide for the administration of the tax law in a manner that respects privacy, due process, individual rights when interacting with the government, the presumption of innocence in criminal proceedings, and the presumption of lawful behavior in civil proceedings. (6) To increase the role of State governments in Federal tax administration because of State government expertise in sales tax administration. (7) To enhance generally cooperation and coordination among State tax administrators; and to enhance cooperation and coordination among Federal and State tax administrators, consistent with the principle of intergovernmental tax immunity. (c) Secondary Aids to Statutory Construction As a secondary aid in statutory construction, any court, the Secretary, and any sales tax administering authority shall consider— (1) the common law canons of statutory construction; (2) the meaning and construction of concepts and terms used in the Internal Revenue Code of 1986 as in effect before the effective date of this subtitle; and (3) construe any ambiguities in this Act in favor of reserving powers to the States respectively, or to the people. 2. Definitions (a) In General For purposes of this subtitle— (1) Affiliated firms A firm is affiliated with another if 1 firm owns 50 percent or more of— (A) the voting shares in a corporation, or (B) the capital interests of a business firm that is not a corporation. (2) Conforming state sales tax The term conforming State sales tax (3) Designated commercial private courier service The term designated commercial private courier service (A) provides its services to the general public, (B) records electronically to its data base kept in the regular course of its business the date on which an item was given to such firm for delivery, and (C) has been operating for at least 1 year. (4) Education and training The term education and training (5) Gross payments The term gross payments (6) Intangible property (A) In general The term intangible property (B) Certain types of property Such term does not include tangible personal property (or rents or leaseholds of any term thereon), real property (or rents or leaseholds of any term thereon) and computer software. (7) Person The term person (8) Produce, provide, render, or sell taxable property or services (A) In general A taxable property or service is used to produce, provide, render, or sell a taxable property or service if such property or service is purchased by a person engaged in a trade or business for the purpose of employing or using such taxable property or service in the production, provision, rendering, or sale of other taxable property or services in the ordinary course of that trade or business. (B) Research, experimentation, testing, and development Taxable property or services used in a trade or business for the purpose of research, experimentation, testing, and development shall be treated as used to produce, provide, render, or sell taxable property or services. (C) Insurance payments Taxable property or services purchased by an insurer on behalf of an insured shall be treated as used to produce, provide, render, or sell taxable property or services if the premium for the insurance contract giving rise to the insurer’s obligation was subject to tax pursuant to section 801 (relating to financial intermediation services). (D) Education and training Education and training shall be treated as services used to produce, provide, render, or sell taxable property or services. (9) Registered seller The term registered seller (10) Sales tax administering authority The term sales tax administering authority (A) the State agency designated to collect and administer the sales tax imposed by this subtitle, in an administering State, or (B) the Secretary, in a State that is neither— (i) an administering State, nor (ii) a State that has elected to have its sales tax administered by an administering State. (11) Secretary The term Secretary (12) Taxable employer (A) In general The term taxable employer (i) any household employing domestic servants, and (ii) any government except for government enterprises (as defined in section 704). (B) Exceptions The term taxable employer (i) engaged in a trade or business, (ii) a not-for-profit organization (as defined in section 706), or (iii) a government enterprise (as defined in section 704). (C) Cross reference For rules relating to collection and remittance of tax on wages by taxable employers, see section 103(b)(2). (13) Tax inclusive fair market value The term tax inclusive fair market value (14) Taxable property or service (A) General rule The term taxable property or service (i) any property (including leaseholds of any term or rents with respect to such property) but excluding— (I) intangible property, and (II) used property, and (ii) any service (including any financial intermediation services as determined by section 801). (B) Service For purposes of subparagraph (A), the term service (i) shall include any service performed by an employee for which the employee is paid wages or a salary by a taxable employer, and (ii) shall not include any service performed by an employee for which the employee is paid wages or a salary— (I) by an employer in the regular course of the employer’s trade or business, (II) by an employer that is a not-for-profit organization (as defined in section 706), (III) by an employer that is a government enterprise (as defined in section 704), and (IV) by taxable employers to employees directly providing education and training. (15) United states The term United States (16) Used property The term used property (A) property on which the tax imposed by section 101 has been collected and for which no credit has been allowed under section 202, 203, or 205, or (B) property that was held other than for a business purpose (as defined in section 102(b)) on December 31, 2014. (17) Wages and salary The terms wage salary (b) Cross References (1) For the definition of business purposes, see section 102(b). (2) For the definition of insurance contract, see section 206(e). (3) For the definition of qualified family, see section 302. (4) For the definition of monthly poverty level, see section 303. (5) For the definition of large seller, see section 501(e)(3). (6) For the definition of hobby activities, see section 701. (7) For the definition of gaming sponsor, see section 701(a). (8) For the definition of a chance, see section 701(b). (9) For the definition of government enterprise, see section 704(b). (10) For the definition of mixed use property, see section 705. (11) For the definition of qualified not-for-profit organization, see section 706. (12) For the definition of financial intermediation services, see section 801. 1 Interpretation; definitions; imposition of tax; etc Sec. 101. Imposition of sales tax. Sec. 102. Intermediate and export sales. Sec. 103. Rules relating to collection and remittance of tax. 101. Imposition of sales tax (a) In General There is hereby imposed a tax on the use or consumption in the United States of taxable property or services. (b) Rate (1) For 2015 In the calendar year 2015, the rate of tax is 23 percent of the gross payments for the taxable property or service. (2) For years after 2015 For years after the calendar year 2015, the rate of tax is the combined Federal tax rate percentage (as defined in paragraph (3)) of the gross payments for the taxable property or service. (3) Combined federal tax rate percentage The combined Federal tax rate percentage is the sum of— (A) the general revenue rate (as defined in paragraph (4), (B) the old-age, survivors and disability insurance rate, and (C) the hospital insurance rate. (4) General revenue rate The general revenue rate shall be 14.91 percent. (c) Coordination With Import Duties The tax imposed by this section is in addition to any import duties imposed by chapter 4 (d) Liability for Tax (1) In general The person using or consuming taxable property or services in the United States is liable for the tax imposed by this section, except as provided in paragraph (2) of this subsection. (2) Exception where tax paid to seller A person using or consuming a taxable property or service in the United States is not liable for the tax imposed by this section if the person pays the tax to a person selling the taxable property or service and receives from such person a purchaser’s receipt within the meaning of section 509. 102. Intermediate and export sales (a) In General For purposes of this subtitle— (1) Business and export purposes No tax shall be imposed under section 101 on any taxable property or service purchased for a business purpose in a trade or business. (2) Investment purpose No tax shall be imposed under section 101 on any taxable property or service purchased for an investment purpose and held exclusively for an investment purpose. (3) State government functions No tax shall be imposed under section 101 on State government functions that do not constitute the final consumption of property or services. (b) Business Purposes For purposes of this section, the term purchased for a business purpose in a trade or business (1) for resale, (2) to produce, provide, render, or sell taxable property or services, or (3) in furtherance of other bona fide business purposes. (c) Investment Purposes For purposes of this section, the term purchased for an investment purpose 103. Rules relating to collection and remittance of tax (a) Liability for Collection and Remittance of the Tax Except as provided otherwise by this section, any tax imposed by this subtitle shall be collected and remitted by the seller of taxable property or services (including financial intermediation services). (b) Tax To Be Remitted by Purchaser in Certain Circumstances (1) In general In the case of taxable property or services purchased outside of the United States and imported into the United States for use or consumption in the United States, the purchaser shall remit the tax imposed by section 101. (2) Certain wages or salary In the case of wages or salary paid by a taxable employer which are taxable services, the employer shall remit the tax imposed by section 101. (c) Conversion of Business or Export Property or Services Property or services purchased for a business purpose in a trade or business or for export (sold untaxed pursuant to section 102(a)) that is subsequently converted to personal use shall be deemed purchased at the time of conversion and shall be subject to the tax imposed by section 101 at the fair market value of the converted property as of the date of conversion. The tax shall be due as if the property had been sold at the fair market value during the month of conversion. The person using or consuming the converted property is liable for and shall remit the tax. (d) Barter Transactions If gross payment for taxable property or services is made in other than money, then the person responsible for collecting and remitting the tax shall remit the tax to the sales tax administering authority in money as if gross payment had been made in money at the tax inclusive fair market value of the taxable property or services purchased. 2 CREDITS; REFUNDS Sec. 201. Credits and refunds. Sec. 202. Business use conversion credit. Sec. 203. Intermediate and export sales credit. Sec. 204. Administration credit. Sec. 205. Bad debt credit. Sec. 206. Insurance proceeds credit. Sec. 207. Refunds. 201. Credits and refunds (a) In General Each person shall be allowed a credit with respect to the taxes imposed by section 101 for each month in an amount equal to the sum of— (1) such person’s business use conversion credit pursuant to section 202 for such month, (2) such person’s intermediate and export sales credit pursuant to section 203 for such month, (3) the administration credit pursuant to section 204 for such month, (4) the bad debt credit pursuant to section 205 for such month, (5) the insurance proceeds credit pursuant to section 206 for such month, (6) the transitional inventory credit pursuant to section 902, and (7) any amount paid in excess of the amount due. (b) Credits Not Additive Only one credit allowed by chapter 2 may be taken with respect to any particular gross payment. 202. Business use conversion credit (a) In General For purposes of section 201, a person’s business use conversion credit for any month is the aggregate of the amounts determined under subsection (b) with respect to taxable property and services— (1) on which tax was imposed by section 101 (and actually paid), and (2) which commenced to be 95 percent or more used during such month for business purposes (within the meaning of section 102(b)). (b) Amount of Credit The amount determined under this paragraph with respect to any taxable property or service is the lesser of— (1) the product of— (A) the rate imposed by section 101, and (B) the quotient that is— (i) the fair market value of the property or service when its use is converted, divided by (ii) the quantity that is 1 minus the tax rate imposed by section 101, or (2) the amount of tax paid with respect to such taxable property or service, including the amount, if any, determined in accordance with section 705 (relating to mixed use property). 203. Intermediate and export sales credit For purposes of section 201, a person’s intermediate and export sales credit is the amount of sales tax paid on the purchase of any taxable property or service purchased for— (1) a business purpose in a trade or business (as defined in section 102(b)), or (2) export from the United States for use or consumption outside the United States. 204. Administration credit (a) In General Every person filing a timely monthly report (with regard to extensions) in compliance with section 501 shall be entitled to a taxpayer administrative credit equal to the greater of— (1) $200, or (2) one-quarter of 1 percent of the tax remitted. (b) Limitation The credit allowed under this section shall not exceed 20 percent of the tax due to be remitted prior to the application of any credit or credits permitted by section 201. 205. Bad debt credit (a) Financial Intermediation Services Any person who has experienced a bad debt (other than unpaid invoices within the meaning of subsection (b)) shall be entitled to a credit equal to the product of— (1) the rate imposed by section 101, and (2) the quotient that is— (A) the amount of the bad debt (as defined in section 802), divided by (B) the quantity that is 1 minus the rate imposed by section 101. (b) Unpaid Invoices Any person electing the accrual method pursuant to section 503 that has with respect to a transaction— (1) invoiced the tax imposed by section 101, (2) remitted the invoiced tax, (3) actually delivered the taxable property or performed the taxable services invoiced, and (4) not been paid 180 days after date the invoice was due to be paid, shall be entitled to a credit equal to the amount of tax remitted and unpaid by the purchaser. (c) Subsequent Payment Any payment made with respect to a transaction subsequent to a section 205 credit being taken with respect to that transaction shall be subject to tax in the month the payment was received as if a tax inclusive sale of taxable property and services in the amount of the payment had been made. (d) Partial Payments Partial payments shall be treated as pro rata payments of the underlying obligation and shall be allocated proportionately— (1) for fully taxable payments, between payment for the taxable property and service and tax, and (2) for partially taxable payments, among payment for the taxable property and service, tax and other payment. (e) Related Parties The credit provided by this section shall not be available with respect to sales made to related parties. For purposes of this section, related party means affiliated firms and family members (as defined in section 302(b)). 206. Insurance proceeds credit (a) In General A person receiving a payment from an insurer by virtue of an insurance contract shall be entitled to a credit in an amount determined by subsection (b), less any amount paid to the insured by the insurer pursuant to subsection (c), if the entire premium (except that portion allocable to the investment account of the underlying policy) for the insurance contract giving rise to the insurer’s obligation to make a payment to the insured was subject to the tax imposed by section 101 and said tax was paid. (b) Credit Amount The amount of the credit shall be the product of— (1) the rate imposed by section 101, and (2) the quotient that is— (A) the amount of the payment made by the insurer to the insured, divided by (B) the quantity that is 1 minus the rate imposed by section 101. (c) Administrative Option The credit determined in accordance with subsection (b) shall be paid by the insurer to the insured and the insurer shall be entitled to the credit in lieu of the insured, except that the insurer may elect, in a form prescribed by the Secretary, to not pay the credit and require the insured to make application for the credit. In the event of such election, the insurer shall provide to the Secretary and the insured the name and tax identification number of the insurer and of the insured and indicate the proper amount of the credit. (d) Coordination With Respect to Exemption If taxable property or services purchased by an insurer on behalf of an insured are purchased free of tax by virtue of section 2(a)(8)(C), then the credit provided by this section shall not be available with respect to that purchase. (e) Insurance Contract For purposes of subsection (a), the term insurance contract 207. Refunds (a) Registered Sellers If a registered seller files a monthly tax report with an overpayment, then, upon application by the registered seller in a form prescribed by the sales tax administering authority, the overpayment shown on the report shall be refunded to the registered seller within 60 days of receipt of said application. In the absence of such application, the overpayment may be carried forward, without interest, by the person entitled to the credit. (b) Other Persons If a person other than a registered seller has an overpayment for any month, then, upon application by the person in a form prescribed by the sales tax administering authority, the credit balance due shall be refunded to the person within 60 days of receipt of said application. (c) Interest No interest shall be paid on any balance due from the sales tax administering authority under this subsection for any month if such balance due is paid within 60 days after the application for refund is received. Balances due not paid within 60 days after the application for refund is received shall bear interest from the date of application. Interest shall be paid at the Federal short-term rate (as defined in section 511). (d) Suspension of Period To Pay Refund Only if Federal or State Court Ruling The 60-day periods under subsections (a) and (b) shall be suspended with respect to a purported overpayment (or portion thereof) only during any period that there is in effect a preliminary, temporary, or final ruling from a Federal or State court that there is reasonable cause to believe that such overpayment may not actually be due. 3 Family consumption allowance Sec. 301. Family consumption allowance. Sec. 302. Qualified family. Sec. 303. Monthly poverty level. Sec. 304. Rebate mechanism. Sec. 305. Change in family circumstances. 301. Family consumption allowance Each qualified family shall be eligible to receive a sales tax rebate each month. The sales tax rebate shall be in an amount equal to the product of— (1) the rate of tax imposed by section 101, and (2) the monthly poverty level. 302. Qualified family (a) General Rule For purposes of this chapter, the term qualified family (b) Family Size Determination (1) In general To determine the size of a qualified family for purposes of this chapter, family members shall mean— (A) an individual, (B) the individual’s spouse, (C) all lineal ancestors and descendants of said individual (and such individual’s spouse), (D) all legally adopted children of such individual (and such individual’s spouse), and (E) all children under legal guardianship of such individual (or such individual’s spouse). (2) Identification requirements In order for a person to be counted as a member of the family for purposes of determining the size of the qualified family, such person must— (A) have a bona fide Social Security number; and (B) be a lawful resident of the United States. (c) Children Living Away From Home (1) Students living away from home Any person who was a registered student during not fewer than 5 months in a calendar year while living away from the common residence of a qualified family but who receives over 50 percent of such person’s support during a calendar year from members of the qualified family shall be included as part of the family unit whose members provided said support for purposes of this chapter. (2) Children of divorced or separated parents If a child’s parents are divorced or legally separated, a child for purposes of this chapter shall be treated as part of the qualified family of the custodial parent. In cases of joint custody, the custodial parent for purposes of this chapter shall be the parent that has custody of the child for more than one-half of the time during a given calendar year. A parent entitled to be treated as the custodial parent pursuant to this paragraph may release this claim to the other parent if said release is in writing. (d) Annual Registration In order to receive the family consumption allowance provided by section 301, a qualified family must register with the sales tax administering authority in a form prescribed by the Secretary. The annual registration form shall provide— (1) the name of each family member who shared the qualified family’s residence on the family determination date, (2) the Social Security number of each family member on the family determination date who shared the qualified family’s residence on the family determination date, (3) the family member or family members to whom the family consumption allowance should be paid, (4) a certification that all listed family members are lawful residents of the United States, (5) a certification that all family members sharing the common residence are listed, (6) a certification that no family members were incarcerated on the family determination date (within the meaning of subsection (l)), and (7) the address of the qualified family. Said registration shall be signed by all members of the qualified family that have attained the age of 21 years as of the date of filing. (e) Registration Not Mandatory Registration is not mandatory for any qualified family. (f) Effect of Failure To Provide Annual Registration Any qualified family that fails to register in accordance with this section within 30 days of the family determination date, shall cease receiving the monthly family consumption allowance in the month beginning 90 days after the family determination date. (g) Effect of Curing Failure To Provide Annual Registration Any qualified family that failed to timely make its annual registration in accordance with this section but subsequently cures its failure to register, shall be entitled to up to 6 months of lapsed sales tax rebate payments. No interest on lapsed payment amount shall be paid. (h) Effective Date of Annual Registrations Annual registrations shall take effect for the month beginning 90 days after the family registration date. (i) Effective Date of Revised Registrations A revised registration made pursuant to section 305 shall take effect for the first month beginning 60 days after the revised registration was filed. The existing registration shall remain in effect until the effective date of the revised registration. (j) Determination of Registration Filing Date An annual or revised registration shall be deemed filed when— (1) deposited in the United States mail, postage prepaid, to the address of the sales tax administering authority; (2) delivered and accepted at the offices of the sales tax administering authority; or (3) provided to a designated commercial private courier service for delivery within 2 days to the sales tax administering authority at the address of the sales tax administering authority. (k) Proposed Registration To Be Provided 30 or more days before the family registration date, the sales tax administering authority shall mail to the address shown on the most recent rebate registration or change of address notice filed pursuant to section 305(d) a proposed registration that may be simply signed by the appropriate family members if family circumstances have not changed. (l) Incarcerated Individuals An individual shall not be eligible under this chapter to be included as a member of any qualified family if that individual— (1) is incarcerated in a local, State, or Federal jail, prison, mental hospital, or other institution on the family determination date, and (2) is scheduled to be incarcerated for 6 months or more in the 12-month period following the effective date of the annual registration or the revised registration of said qualified family. (m) Family Determination Date The family determination date is a date assigned to each family by the Secretary for purposes of determining qualified family size and other information necessary for the administration of this chapter. The Secretary shall promulgate regulations regarding the issuance of family determination dates. In the absence of any regulations, the family determination date for all families shall be October 1. The Secretary may assign family determination dates for administrative convenience. Permissible means of assigning family determination dates include a method based on the birthdates of family members. (n) Cross Reference For penalty for filing false rebate claim, see section 504(i). 303. Monthly poverty level (a) In General The monthly poverty level for any particular month shall be one-twelfth of the annual poverty level annual poverty level (1) the annual level determined by the Department of Health and Human Services poverty guidelines required by sections 652 and 673(2) of the Omnibus Reconciliation Act of 1981 for a particular family size, and (2) in case of families that include a married couple, the annual marriage penalty elimination amount (b) Annual Marriage Penalty Elimination Amount The annual marriage penalty elimination amount shall be the amount that is— (1) the amount that is two times the annual level determined by the Department of Health and Human Services poverty guidelines required by sections 652 and 673(2) of the Omnibus Reconciliation Act of 1981 for a family of one, less (2) the annual level determined by the Department of Health and Human Services poverty guidelines required by sections 652 and 673(2) of the Omnibus Reconciliation Act of 1981 for a family of two. 304. Rebate mechanism (a) General Rule The Social Security Administration shall provide a monthly sales tax rebate to duly registered qualified families in an amount determined in accordance with section 301. (b) Persons Receiving Rebate The payments shall be made to the persons designated by the qualifying family in the annual or revised registration for each qualified family in effect with respect to the month for which payment is being made. Payments may only be made to persons 18 years or older. If more than 1 person is designated in a registration to receive the rebate, then the rebate payment shall be divided evenly between or among those persons designated. (c) When Rebates Mailed Rebates shall be mailed on or before the first business day of the month for which the rebate is being provided. (d) Smartcards and Direct Electronic Deposit Permissible The Social Security Administration may provide rebates in the form of smartcards that carry cash balances in their memory for use in making purchases at retail establishments or by direct electronic deposit. 305. Change in family circumstances (a) General Rule In the absence of the filing of a revised registration in accordance with this chapter, the common residence of the qualified family, marital status and number of persons in a qualified family on the family registration date shall govern determinations required to be made under this chapter for purposes of the following calendar year. (b) No Double Counting In no event shall any person be considered part of more than 1 qualified family. (c) Revised Registration Permissible A qualified family may file a revised registration for purposes of section 302(d) to reflect a change in family circumstances. A revised registration form shall provide— (1) the name of each family member who shared the qualified family’s residence on the filing date of the revised registration, (2) the Social Security number of each family member who shared the qualified family’s residence on the filing date of the revised registration, (3) the family member or family members to whom the family consumption allowance should be paid, (4) a certification that all listed family members are lawful residents of the United States, (5) a certification that all family members sharing the commoner residence are listed, (6) a certification that no family members were incarcerated on the family determination date (within the meaning of section 302(1)), and (7) the address of the qualified family. Said revised registration shall be signed by all members of the qualified family that have attained the age of 21 years as of the filing date of the revised registration. (d) Change of Address A change of address for a qualified family may be filed with the sales tax administering authority at any time and shall not constitute a revised registration. (e) Revised Registration Not Mandatory Revised registrations reflecting changes in family status are not mandatory. 4 Federal and State cooperative tax administration Sec. 401. Authority for States to collect tax. Sec. 402. Federal administrative support for States. Sec. 403. Federal-State tax conferences. Sec. 404. Federal administration in certain States. Sec. 405. Interstate allocation and destination determination. Sec. 406. General administrative matters. Sec. 407. Jurisdiction. 401 Authority for States to collect tax (a) In General The tax imposed by section 101 on gross payments for the use or consumption of taxable property or services within a State shall be administered, collected, and remitted to the United States Treasury by such State if the State is an administering State. (b) Administering State For purposes of this section, the term administering State (1) which maintains a sales tax, and (2) which enters into a cooperative agreement with the Secretary containing reasonable provisions governing the administration by such State of the taxes imposed by the subtitle and the remittance to the United States in a timely manner of taxes collected under this chapter. (c) Cooperative Agreements The agreement under subsection (b)(2) shall include provisions for the expeditious transfer of funds, contact officers, dispute resolution, information exchange, confidentiality, taxpayer rights, and other matters of importance. The agreement shall not contain extraneous matters. (d) Timely Remittance of Tax (1) In general Administering States shall remit and pay over taxes collected under this subtitle on behalf of the United States (less the administration fee allowable under paragraph (2)) not later than 5 days after receipt. Interest at 150 percent of the Federal short-term rate shall be paid with respect to amounts remitted after the due date. (2) Administration fee An administering State may retain an administration fee equal to one-quarter of 1 percent of the amounts otherwise required to be remitted to the United States under this chapter by the administering State. (e) Limitation on Administration of Tax by United States The Secretary may administer the tax imposed by this subtitle in an administering State only if— (1) (A) such State has failed on a regular basis to timely remit to the United States taxes collected under this chapter on behalf of the United States, or (B) such State has on a regular basis otherwise materially breached the agreement referred to in subsection (b)(2); (2) the State has failed to cure such alleged failures and breaches within a reasonable time; (3) the Secretary provides such State with written notice of such alleged failures and breaches; and (4) a District Court of the United States within such State, upon application of the Secretary, has rendered a decision— (A) making findings of fact that— (i) such State has failed on a regular basis to timely remit to the United States taxes collected under this chapter on behalf of the United States, or such State has on a regular basis otherwise materially breached the agreement referred to in subsection (b)(2); (ii) the Secretary has provided such State with written notice of such alleged failures and breaches; and (iii) the State has failed to cure such alleged failures and breaches within a reasonable time; and (B) making a determination that it is in the best interest of the citizens of the United States that the administering State’s authority to administer the tax imposed by this subtitle be revoked and said tax be administered directly by the Secretary. The order of the District Court revoking the authority of an Administering State shall contain provisions governing the orderly transfer of authority to the Secretary. (f) Reinstitution A State that has had its authority revoked pursuant to subsection (e) shall not be an administering State for a period of not less than 5 years after the date of the order of revocation. For the first calendar year commencing 8 years after the date of the order of revocation, the State shall be regarded without prejudice as eligible to become an administering State. (g) Third State Administration Permissible It shall be permissible for a State to contract with an administering State to administer the State’s sales tax for an agreed fee. In this case, the agreement contemplated by subsection (c) shall have both the State and the Federal Government as parties. (h) Investigations and Audits Administering States shall not conduct investigations or audits at facilities in other administering States in connection with the tax imposed by section 101 or conforming State sales tax but shall instead cooperate with other administering States using the mechanisms established by section 402, by compact or by other agreement. 402. Federal administrative support for States (a) In General The Secretary shall administer a program to facilitate information sharing among States. (b) State Compacts The Secretary shall facilitate, and may be a party to a compact among States for purposes of facilitating the taxation of interstate purchases and for other purposes that may facilitate implementation of this subtitle. (c) Agreement With Conforming States The Secretary is authorized to enter into and shall enter into an agreement among conforming States enabling conforming States to collect conforming State sales tax on sales made by sellers without a particular conforming State to a destination within that particular conforming State. (d) Secretary’s Authority The Secretary shall have the authority to promulgate regulations, to provide guidelines, to assist States in administering the national sales tax, to provide for uniformity in the administration of the tax and to provide guidance to the public. 403. Federal-State tax conferences Not less than once annually, the Secretary shall host a conference with the sales tax administrators from the various administering States to evaluate the state of the national sales tax system, to address issues of mutual concern and to develop and consider legislative, regulatory, and administrative proposals to improve the tax system. 404. Federal administration in certain States The Secretary shall administer the tax imposed by this subtitle in any State or other United States jurisdiction that— (1) is not an administering State, or (2) elected to have another State administer its tax in accordance with section 401(g). 405. Interstate allocation and destination determination (a) Destination Generally The tax imposed by this subtitle is a destination principle tax. This section shall govern for purposes of determining— (1) whether the destination of taxable property and services is within or without the United States, and (2) which State or territory within the United States is the destination of taxable property and services. (b) Tangible Personal Property Except as provided in subsection (g) (relating to certain leases), the destination of tangible personal property shall be the State or territory in which the property was first delivered to the purchaser (including agents and authorized representatives). (c) Real Property The destination of real property, or rents or leaseholds on real property, shall be the State or territory in which the real property is located. (d) Other Property The destination of any other taxable property shall be the residence of the purchaser. (e) Services (1) General rule The destination of services shall be the State or territory in which the use or consumption of the services occurred. Allocation of service invoices relating to more than 1 jurisdiction shall be on the basis of time or another method determined by regulation. (2) Telecommunications services The destination of telecommunications services shall be the residence of the purchaser. Telecommunications services include telephone, telegraph, beeper, radio, cable television, satellite, and computer on-line or network services. (3) Domestic transportation services For transportation services where all of the final destinations are within the United States, the destination of transportation services shall be the final destination of the trip (in the case of round or multiple trip fares, the services amount shall be equally allocated among each final destination). (4) International transportation services For transportation services where the final destination or origin of the trip is without the United States, the service amount shall be deemed 50 percent attributable to the United States destination or origin. (5) Electrical service The destination of electrical services shall be the residence of the purchaser. (f) Financial Intermediation Services The destination of financial intermediation services shall be the residence of the purchaser. (g) Rents Paid for the Lease of Tangible Property (1) General rule Except as provided in paragraph (2), the destination of rents paid for the lease of tangible property and leaseholds on such property shall be where the property is located while in use. (2) Land vehicles; aircraft, water craft The destination of rental and lease payments on land vehicles, aircraft and water craft shall be— (A) in the case of rentals and leases of a term of 1 month or less, the location where the land vehicle, aircraft, or water craft was originally delivered to the renter or lessee; and (B) in the case of rentals and leases of a term greater than 1 month, the residence of the renter or lessee. (h) Allocation Rules For purposes of allocating revenue— (1) between or among administering States from taxes imposed by this subtitle or from State sales taxes administered by third-party administering States, or (2) between or among States imposing conforming State sales taxes, the revenue shall be allocated to those States that are the destination of the taxable property or service. (i) Federal Office of Revenue Allocation The Secretary shall establish an Office of Revenue Allocation to arbitrate any claims or disputes among administering States as to the destination of taxable property and services for purposes of allocating revenue between or among the States from taxes imposed by this subtitle. The determination of the Administrator of the Office of Revenue Allocation shall be subject to judicial review in any Federal court with competent jurisdiction. The standard of review shall be abuse of discretion. 406. General administrative matters (a) In General The Secretary and each sales tax administering authority may employ such persons as may be necessary for the administration of this subtitle and may delegate to employees the authority to conduct interviews, hearings, prescribe rules, promulgate regulations, and perform such other duties as are required by this subtitle. (b) Resolution of Any Inconsistent Rules and Regulations In the event that the Secretary and any sales tax administering authority have issued inconsistent rules or regulations, any lawful rule or regulation issued by the Secretary shall govern. (c) Adequate Notice To Be Provided Except in the case of an emergency declared by the Secretary (and not his designee), no rule or regulation issued by the Secretary with respect to any internal revenue law shall take effect before 90 days have elapsed after its publication in the Federal Register. Upon issuance, the Secretary shall provide copies of all rules or regulations issued under this title to each sales tax administering authority. (d) No Rules, Rulings, or Regulations With Retroactive Effect No rule, ruling, or regulation issued or promulgated by the Secretary relating to any internal revenue law or by a sales tax administering authority shall apply to a period prior to its publication in the Federal Register (or State equivalent) except that a regulation may take retroactive effect to prevent abuse. (e) Review of Impact of Regulations, Rules, and Rulings on Small Business (1) Submission to small business administration After publication of any proposed or temporary regulation by the Secretary relating to internal revenue laws, the Secretary shall submit such regulation to the Chief Counsel for Advocacy of the Small Business Administration for comment on the impact of such regulation on small businesses. Not later than the date 30 days after the date of such submission, the Chief Counsel for Advocacy of the Small Business Administration shall submit comments on such regulation to the Secretary. (2) Consideration of comments In prescribing any final regulation which supersedes a proposed or temporary regulation which had been submitted under this subsection to the Chief Counsel for Advocacy of the Small Business Administration, the Secretary shall— (A) consider the comments of the Chief Counsel for Advocacy of the Small Business Administration on such proposed or temporary regulation, and (B) in promulgating such final regulation, include a narrative that describes the response to such comments. (3) Submission of certain final regulation In the case of promulgation by the Secretary of any final regulations (other than a temporary regulation) which do not supersede a proposed regulation, the requirements of paragraphs (1) and (2) shall apply, except that the submission under paragraph (1) shall be made at least 30 days before the date of such promulgation, and the consideration and discussion required under paragraph (2) shall be made in connection with the promulgation of such final regulation. (f) Small Business Regulatory Safeguards The Small Business Regulatory Enforcement Fairness Act ( Public Law 104–121 407. Jurisdiction (a) State Jurisdiction A sales tax administering authority shall have jurisdiction over any gross payments made which have a destination (as determined in accordance with section 405) within the State of said sales tax administering authority. This grant of jurisdiction is not exclusive of any other jurisdiction that such sales tax administering authority may have. (b) Federal Jurisdiction The grant of jurisdiction in subsection (a) shall not be in derogation of Federal jurisdiction over the same matter. The Federal Government shall have the right to exercise preemptive jurisdiction over matters relating to the taxes imposed by this subtitle. 5 OTHER ADMINISTRATIVE PROVISIONS Sec. 501. Monthly reports and payments. Sec. 502. Registration. Sec. 503. Accounting. Sec. 504. Penalties. Sec. 505. Burden of persuasion and burden of production. Sec. 506. Attorneys’ and accountancy fees. Sec. 507. Summons, examinations, audits, etc. Sec. 508. Records. Sec. 509. Tax to be separately stated and charged. Sec. 510. Coordination with title 11. Sec. 511. Applicable interest rate. 501. Monthly reports and payments (a) Tax Reports and Filing Dates (1) In general On or before the 15th day of each month, each person who is— (A) liable to collect and remit the tax imposed by this subtitle by reason of section 103(a), or (B) liable to pay tax imposed by this subtitle which is not collected pursuant to section 103(a), shall submit to the appropriate sales tax administering authority (in a form prescribed by the Secretary) a report relating to the previous calendar month. (2) Contents of report The report required under paragraph (1) shall set forth— (A) the gross payments referred to in section 101, (B) the tax collected under chapter 4 in connection with such payments, (C) the amount and type of any credit claimed, and (D) other information reasonably required by the Secretary or the sales tax administering authority for the administration, collection, and remittance of the tax imposed by this subtitle. (b) Tax Payments Date (1) General rule The tax imposed by this subtitle during any calendar month is due and shall be paid to the appropriate sales tax administering authority on or before the 15th day of the succeeding month. Both Federal tax imposed by this subtitle and conforming State sales tax (if any) shall be paid in 1 aggregate payment. (2) Cross reference See subsection (e) relating to remitting of separate segregated funds for sellers that are not small sellers. (c) Extensions for Filing Reports (1) Automatic extensions for not more than 30 days On application, an extension of not more than 30 days to file reports under subsection (a) shall be automatically granted. (2) Other extensions On application, extensions of 30 to 60 days to file such reports shall be liberally granted by the sales tax administering authority for reasonable cause. Extensions greater than 60 days may be granted by the sales tax administering authority to avoid hardship. (3) No extension for payment of taxes Notwithstanding paragraphs (1) and (2), no extension shall be granted with respect to the time for paying or remitting the taxes under this subtitle. (d) Telephone Reporting of Violations The Secretary shall establish a system under which a violation of this subtitle can be brought to the attention of the sales tax administering authority for investigation through the use of a toll-free telephone number and otherwise. (e) Separate Segregated Accounts (1) In general Any registered seller that is not a small seller shall deposit all sales taxes collected pursuant to section 103 in a particular week in a separate segregated account maintained at a bank or other financial institution within 3 business days of the end of such week. Said registered seller shall also maintain in that account sufficient funds to meet the bank or financial institution minimum balance requirements, if any, and to pay account fees and costs. (2) Small seller For purposes of this subsection, a small seller is any person that has not collected $20,000 or more of the taxes imposed by this subtitle in any of the previous 12 months. (3) Large sellers Any seller that has collected $100,000 or more of the taxes imposed by this subtitle in any of the previous 12 months is a large seller. A large seller shall remit to the sales tax administering authority the entire balance of deposited taxes in its separate segregated account on the first business day following the end of the calendar week. The Secretary may by regulation require the electronic transfer of funds due from large sellers. (4) Week For purposes of this subsection, the term week (f) Determination of Report Filing Date A report filed pursuant to subsection (a) shall be deemed filed when— (1) deposited in the United States mail, postage prepaid, addressed to the sales tax administering authority, (2) delivered and accepted at the offices of the sales tax administering authority, (3) provided to a designated commercial private courier service for delivery within 2 days to the sales tax administering authority at the address of the sales tax administering authority, or (4) by other means permitted by the Secretary. (g) Security Requirements A large seller (within the meaning of subsection (e)(3)) shall be required to provide security in an amount equal to the greater of $100,000 or one and one-half times the seller’s average monthly tax liability during the previous 6 calendar months. Security may be a cash bond, a bond from a surety company approved by the Secretary, a certificate of deposit, or a State or United States Treasury bond. A bond qualifying under this subsection must be a continuing instrument for each calendar year (or portion thereof) that the bond is in effect. The bond must remain in effect until the surety or sureties are released and discharged. Failure to provide security in accordance with this section shall result in revocation of the seller’s section 502 registration. If a person who has provided security pursuant to this subsection— (1) fails to pay an amount indicated in a final notice of amount due under this subtitle (within the meaning of section 605(d)), (2) no Taxpayer Assistance Order is in effect relating to the amount due, (3) either the time for filing an appeal pursuant to section 604 has passed or the appeal was denied, and (4) the amount due is not being litigated in any judicial forum, then the security or part of the security, as the case may be, may be forfeited in favor of the Secretary to the extent of such tax due (plus interest if any). (h) Rewards Program The Secretary is authorized to maintain a program of awards wherein individuals that assist the Secretary or sales tax administering authorities in discovering or prosecuting tax fraud may be remunerated. (i) Cross Reference For interest due on taxes remitted late, see section 6601. 502. Registration (a) In General Any person liable to collect and remit taxes pursuant to section 103(a) who is engaged in a trade or business shall register as a seller with the sales tax administering authority administering the taxes imposed by this subtitle. (b) Affiliated Firms Affiliated firms shall be treated as 1 person for purposes of this section. Affiliated firms may elect, upon giving notice to the Secretary in a form prescribed by the Secretary, to treat separate firms as separate persons for purposes of this subtitle. (c) Designation of Tax Matters Person Every person registered pursuant to subsection (a) shall designate a tax matters person who shall be an individual whom the sales tax administering authority may contact regarding tax matters. Each person registered must provide notice of a change in the identity of the tax matters person within 30 days of said change. (d) Effect of Failure To Register Any person that is required to register and who fails to do so is prohibited from selling taxable property or services. The Secretary or a sales tax administering authority may bring an action seeking a temporary restraining order, an injunction, or such other order as may be appropriate to enforce this section. 503. Accounting (a) Cash Method To Be Used Generally Registered sellers and other persons shall report transactions using the cash method of accounting unless an election to use the accrual method of accounting is made pursuant to subsection (b). (b) Election To Use Accrual Method A person may elect with respect to a calender year to remit taxes and report transactions with respect to the month where a sale was invoiced and accrued. (c) Cross Reference See section 205 for rules relating to bad debts for sellers electing the accrual method 504. Penalties (a) Failure To Register Each person who is required to register pursuant to section 502 but fails to do so prior to notification by the sales tax administering authority shall be liable for a penalty of $500. (b) Reckless or Willful Failure To Collect Tax (1) Civil penalty; fraud Each person who is required to and recklessly or willfully fails to collect taxes imposed by this subtitle shall be liable for a penalty equal to the greater of $500 or 20 percent of tax not collected. (2) Criminal penalty Each person who is required to and willfully fails as part of a trade or business to collect taxes imposed by this subtitle may be fined an amount up to the amount determined in accordance with paragraph (1) or imprisoned for a period of not more than 1 year or both. (c) Reckless or Willful Assertion of Invalid Exemption (1) Civil penalty; fraud Each person who recklessly or willfully asserts an invalid intermediate or export sales exemption from the taxes imposed by this subtitle shall be liable for a penalty equal to the greater of $500 or 20 percent of the tax not collected or remitted. (2) Criminal penalty Each person who willfully asserts an invalid intermediate or export sales exemption from the taxes imposed by this subtitle may be fined an amount up to the amount determined in accordance with paragraph (1) or imprisoned for a period of not more than 1 year or both. (d) Reckless or Willful Failure To Remit Tax Collected (1) Civil penalty; fraud Each person who is required to and recklessly or willfully fails to remit taxes imposed by this subtitle and collected from purchasers shall be liable for a penalty equal to the greater of $1,000 or 50 percent of the tax not remitted. (2) Criminal penalty Each person who willfully fails to remit taxes imposed by this subtitle and collected from purchasers may be fined an amount up to the amount determined in accordance with paragraph (1) or imprisoned for a period of not more than 2 years or both. (e) Reckless or Willful Failure To Pay Tax Each person who is required to and recklessly or willfully fails to pay taxes imposed by this subtitle shall be liable for a penalty equal to the greater of $500 or 20 percent of the tax not paid. (f) Penalty for Late Filing (1) In general In the case of a failure by any person who is required to and fails to file a report required by section 501 on or before the due date (determined with regard to any extension) for such report, such person shall pay a penalty for each month or fraction thereof that said report is late equal to the greater of— (A) $50, or (B) 0.5 percent of the gross payments required to be shown on the report. (2) Increased penalty on returns filed after written inquiry The amount of the penalty under paragraph (1) shall be doubled with respect to any report filed after a written inquiry with respect to such report is received by the taxpayer from the sales tax administering authority. (3) Limitation The penalty imposed under this subsection shall not exceed 12 percent. (4) Exceptions (A) Reasonable cause No penalty shall be imposed under this subsection with respect to any failure if it is shown that such failure is due to reasonable cause. (B) Other waiver authority In addition to penalties not imposed by reason of subparagraph (A), the sales tax administering authority, on application, shall waive the penalty imposed by paragraph (1) once per registered person per 24-month period. The preceding sentence shall not apply to a penalty determined under paragraph (2). (g) Penalty for Willfully or Recklessly Accepting a False Intermediate or Export Sales Certificate A person who willingly or recklessly accepts a false intermediate or export sales certificate shall pay a penalty equal to 20 percent of the tax not collected by reason of said acceptance. (h) Penalty for Late Remittance of Taxes (1) In general A person who is required to timely remit taxes imposed by this subtitle and remits taxes more than 1 month after such taxes are due shall pay a penalty equal to 1 percent per month (or fraction thereof) from the due date. (2) Limitation The penalty imposed under this subsection shall not exceed 24 percent. (3) Exceptions for reasonable cause No penalty shall be imposed under paragraph (1) with respect to any late remittance if it is shown that such late remittance is due to reasonable cause. (i) Penalty for Filing False Rebate Claim (1) Civil penalty; fraud A person who willingly or recklessly files a false claim for a family consumption allowance rebate (within the meaning of chapter 3) shall— (A) pay a penalty equal to the greater of $500 or 50 percent of the claimed annual rebate amount not actually due, and (B) repay any rebates received as a result of the false rebate claim (together with interest). (2) Criminal penalty A person who willingly files a false claim for a family consumption allowance rebate (within the meaning of chapter 3) may be fined an amount up to the amount determined in accordance with paragraph (1) or imprisoned for a period not more than 1 year or both. (j) Penalty for Bad Check If any check or money order in payment of any amount receivable under this subtitle is not duly paid, in addition to other penalties provided by law, the person who tendered such check shall pay a penalty equal to the greater of— (1) $25, or (2) two percent of the amount of such check. (k) Penalty for Failure To Maintain a Separate Segregated Account Any person required to maintain a separate segregated account pursuant to section 501(e) that fails to maintain such a separate segregated account shall pay a penalty of $1,000. (l) Penalty for Failure To Deposit Collected Taxes in a Separate Segregated Account Any person required to deposit collected taxes into a separate segregated account maintained pursuant to section 501(e) that fails to timely deposit said taxes into the separate segregated account shall pay a penalty equal to 1 percent of the amount required to be deposited. The penalty imposed by the previous sentence shall be tripled unless said taxes have been deposited in the separate segregated account or remitted to the sales tax administering authority within 16 days of the date said deposit was due. (m) Joint and Several Liability for Tax Matters Person and Responsible Officers The tax matters person (designated pursuant to section 502(c)) and responsible officers or partners of a firm shall be jointly and severally liable for the tax imposed by this subtitle and penalties imposed by this subtitle. (n) Right of Contribution If more than 1 person is liable with respect to any tax or penalty imposed by this subtitle, each person who paid such tax or penalty shall be entitled to recover from other persons who are liable for such tax or penalty an amount equal to the excess of the amount paid by such person over such person’s proportionate share of the tax or penalty. (o) Civil Penalties and Criminal Fines Not Exclusive (1) Civil penalty The fact that a civil penalty has been imposed shall not prevent the imposition of a criminal fine. (2) Criminal fine The fact that a criminal fine has been imposed shall not prevent the imposition of a civil penalty. (p) Confidentiality Any person who violates the requirements relating to confidentiality of tax information (as provided in section 605(e)) may be fined up to $10,000 or imprisoned for a period of not more than 1 year, or both. (q) Cross Reference For interest due on late payments, see section 6601. 505. Burden of persuasion and burden of production In all disputes concerning taxes imposed by this subtitle, the person engaged in a dispute with the sales tax administering authority or the Secretary, as the case may be, shall have the burden of production of documents and records but the sales tax administering authority or the Secretary shall have the burden of persuasion. In all disputes concerning an exemption claimed by a purchaser, if the seller has on file an intermediate sale or export sale certificate from the purchaser and did not have reasonable cause to believe that the certificate was improperly provided by the purchaser with respect to such purchase (within the meaning of section 103), then the burden of production of documents and records relating to that exemption shall rest with the purchaser and not with the seller. 506. Attorneys’ and accountancy fees In all disputes concerning taxes imposed by this subtitle, the person engaged in a dispute with the sales tax administering authority or the Secretary, as the case may be, shall be entitled to reasonable attorneys’ fees, accountancy fees, and other reasonable professional fees incurred in direct relation to the dispute unless the sales tax administering authority or the Secretary establishes that its position was substantially justified. 507. Summons, examinations, audits, etc (a) Summons Persons are subject to administrative summons by the sales tax administering authority for records, documents, and testimony required by the sales tax administering authority to accurately determine liability for tax under this subtitle. A summons shall be served by the sales tax administering authority by an attested copy delivered in hand to the person to whom it is directed or left at his last known address. The summons shall describe with reasonable certainty what is sought. (b) Examinations and Audits The sales tax administering authority has the authority to conduct at a reasonable time and place examinations and audits of persons who are or may be liable to collect and remit tax imposed by this subtitle and to examine the books, papers, records, or other data of such persons which may be relevant or material to the determination of tax due. (c) Limitation on Authority in Case of Referral No administrative summons may be issued by the sales tax administering authority and no action be commenced to enforce an administrative summons with respect to any person if a Justice Department referral or referral to a State Attorney General’s Office is in effect with respect to such person relating to a tax imposed by this subtitle. Such referral is in effect with respect to any person if the sales tax administering authority or the Secretary has recommended to the Justice Department or a State Attorney General’s Office a grand jury investigation of such person or a criminal prosecution of such person that contemplates criminal sanctions under this title. A referral shall be terminated when— (1) the Justice Department or a State Attorney General’s Office notifies the sales tax administering authority or the Secretary that he will not— (A) prosecute such person for any offense connected with the internal revenue laws, (B) authorize a grand jury investigation of such person with respect to such offense, or (C) continue such a grand jury investigation, or (2) a final disposition has been made of any criminal proceeding connected with the internal revenue laws, or conforming State sales tax, against such person. 508. Records Any person liable to remit taxes pursuant to this subtitle shall keep records (including a record of all section 509 receipts provided, complete records of intermediate and export sales, including purchaser’s intermediate and export sales certificates and tax number and the net of tax amount of purchase) sufficient to determine the amounts reported, collected, and remitted for a period of 6 years after the latter of the filing of the report for which the records formed the basis or when the report was due to be filed. Any purchaser who purchased taxable property or services but did not pay tax by reason of asserting an intermediate and export sales exemption shall keep records sufficient to determine whether said exemption was valid for a period of 7 years after the purchase of taxable property or services. 509. Tax to be separately stated and charged (a) In General For each purchase of taxable property or services for which a tax is imposed by section 101, the seller shall charge the tax imposed by section 101 separately from the purchase. For purchase of taxable property or services for which a tax is imposed by section 101, the seller shall provide to the purchaser a receipt for each transaction that includes— (1) the property or services price exclusive of tax; (2) the amount of tax paid; (3) the property or service price inclusive of tax; (4) the tax rate (the amount of tax paid (per paragraph (2)) divided by the property or service price inclusive of tax (per paragraph (3)); (5) the date that the good or service was sold; (6) the name of the vendor; and (7) the vendor registration number. (b) Vending Machine Exception The requirements of subsection (a) shall be inapplicable in the case of sales by vending machines. Vending machines for purposes of this subsection are machines— (1) that dispense taxable property in exchange for coins or currency; and (2) that sell no single item exceeding $10 per unit in price. (c) Financial Intermediation Services Exception The requirements of subsection (a) shall be inapplicable in the case of sales financial intermediation service. Receipts shall be issued when the tax is imposed (in accordance with section 803 (relating to timing of tax on financial intermediation services)). 510. Coordination with title 11 No addition to tax shall be made under section 504 with respect to a period during which a case is pending under title 11, United States Code— (1) if such tax was incurred by the estate and the failure occurred pursuant to an order of the court finding probable insufficiency of funds of the estate to pay administrative expenses; or (2) if— (A) such tax was incurred by the debtor before the earlier of the order for relief or (in the involuntary case) the appointment of a trustee; and (B) the petition was filed before the due date prescribed by law (including extensions) for filing a return of such tax, or the date for making the addition to tax occurs on or after the date the petition was filed. 511. Applicable interest rate (a) In General (1) Federal short-term rate In the case of a debt instrument, investment, financing lease, or account with a term of not over 3 years, the applicable interest rate is the Federal short-term rate. (2) Federal mid-term rate In the case of a debt instrument, investment, financing lease, or account with a term of over 3 years but not over 9 years, the applicable interest rate is the Federal mid-term rate. (3) Federal long-term rate In the case of a debt instrument, investment, financing lease, or account with a term of over 9 years, the applicable interest rate is the Federal long-term rate. (b) Federal Short-Term Rate The Federal short-term rate shall be the rate determined by the Secretary based on the average market yield (selected by the Secretary and ending in the calendar month in which the determination is made during any one month) on outstanding marketable obligations of the United States with remaining periods to maturity of 3 years or fewer. (c) Federal Mid-Term Rate The Federal mid-term rate shall be the rate determined by the Secretary based on the average market yield (selected by the Secretary and ending in the calendar month in which the determination is made during any 1 month) on outstanding marketable obligations of the United States with remaining periods to maturity of more than 3 years and not over 9 years. (d) Federal Long-Term Rate The Federal long-term rate shall be the rate determined by the Secretary based on the average market yield (selected by the Secretary and ending in the calendar month in which the determination is made during any 1 month) on outstanding marketable obligations of the United States with remaining periods to maturity of over 9 years. (e) Determination of Rates During each calendar month, the Secretary shall determine the Federal short-term rate, the Federal mid-term rate and the Federal long-term rate which shall apply during the following calendar month. 6 COLLECTIONS; APPEALS; TAXPAYER RIGHTS Sec. 601. Collections. Sec. 602. Power to levy, etc. Sec. 603. Problem resolution offices. Sec. 604. Appeals. Sec. 605. Taxpayer rights. Sec. 606. Installment agreements compromises. 601. Collections The sales tax administering authority shall collect the taxes imposed by this subtitle, except as provided in section 404 (relating to Federal administration in certain States). 602. Power to levy, etc (a) In General The sales tax administering authority may levy and seize property, garnish wages or salary and file liens to collect amounts due under this subtitle, pursuant to enforcement of— (1) a judgment duly rendered by a court of law; (2) an amount due if the taxpayer has failed to exercise his appeals rights under section 604; or (3) an amount due if the appeals process determined that an amount remained due and the taxpayer has failed to timely petition the Tax Court for relief. (b) Exemption From Levy, Seizure, and Garnishments There shall be exempt from levy, seizure, and garnishment or penalty in connection with any tax imposed by this subtitle— (1) wearing apparel, school books, fuel, provisions, furniture, personal effects, tools of a trade or profession, livestock in a household up to an aggregate value of $15,000; and (2) monthly money income equal to 150 percent of the monthly poverty level (as defined in section 303). (c) Liens To Be Timely Released Subject to such reasonable regulations as the Secretary may provide, any lien imposed with respect to a tax imposed by this title shall be released not later than 30 days after— (1) the liability was satisfied or became unenforceable; or (2) a bond was accepted as security. 603. Problem Resolution Offices (a) Problem Resolution Office To Be Established Each sales tax administering authority shall establish an independent Problem Resolution Office and appoint an adequate number of problem resolution officers. The head of the problem resolution office must be appointed by, and serve at the pleasure of either the State Governor (in the case of an administering State) or the President of the United States. (b) Authority of Problem Resolution Officers Problem resolution officers shall have the authority to investigate complaints and issue a Taxpayer Assistance Order to administratively enjoin any collection activity if, in the opinion of the problem resolution officer, said collection activity is reasonably likely to not be in compliance with law or to prevent hardship (other than by reason of having to pay taxes lawfully due). Problem resolution officers shall also have the authority to issue Taxpayer Assistance Orders releasing or returning property that has been levied upon or seized, ordering that a lien be released and that garnished wages be returned. A Taxpayer Assistance Order may only be rescinded or modified by the problem resolution officer that issued it, by the highest official in the relevant sales tax administering authority or by its general counsel upon a finding that the collection activity is justified by clear and convincing evidence. The authority to reverse this Taxpayer Assistance Order may not be delegated. (c) Form of Request for Taxpayer Assistance Order The Secretary shall establish a form and procedure to aid persons requesting the assistance of the Problem Resolution Office and to aid the Problem Resolution Office in understanding the needs of the person seeking assistance. The use of this form, however, shall not be a prerequisite to a problem resolution officer taking action, including issuing a Taxpayer Assistance Order. (d) Content of Taxpayer Assistance Order A Taxpayer Assistance Order shall contain the name of the problem resolution officer, any provision relating to the running of any applicable period of limitation, the name of the person that the Taxpayer Assistance Order assists, the government office (or employee or officer of said government office) to whom it is directed and the action or cessation of action that the Taxpayer Assistance Order requires of said government officer (or employee or officer of said government office). The Taxpayer Assistance Order need not contain findings of fact or its legal basis; however, the problem resolution officer must provide findings of fact and the legal basis for the issuance of the Taxpayer Assistance Order to the sales tax administering authority upon the request of an officer of said authority within 2 weeks of the receipt of such request. (e) Independence Protected Problem resolution officers shall not be disciplined or adversely affected for the issuance of administrative injunctions unless a pattern of issuing injunctions that are manifestly unreasonable is proven in an administrative hearing by a preponderance of the evidence. (f) Other Rights Not Limited Nothing in this section shall limit the authority of the sales tax administering authority, the registered person or other person from pursuing any legal remedy in any court with jurisdiction over the dispute at issue. (g) Limitations The running of any applicable period of limitation shall be suspended for a period of 8 weeks following the issuance of a Taxpayer Assistance Order or, if specified, for a longer period set forth in the Taxpayer Assistance Order provided the suspension does not exceed 6 months. 604. Appeals (a) Administrative Appeals The sales tax administering authority shall establish an administrative appeals process wherein the registered person or other person in disagreement with a decision of the sales tax administering authority asserting liability for tax is provided a full and fair hearing in connection with any disputes said person has with the sales tax administering authority. (b) Timing of Administrative Appeals Said administrative appeal must be made within 60 days of receiving a final notice of amount due pursuant to section 605(d) unless leave for an extension is granted by the appeals officer in a form prescribed by the Secretary. Leave shall be granted to avoid hardship. 605. Taxpayer rights (a) Rights To Be Disclosed The sales tax administering authority shall provide to any person against whom it has— (1) commenced an audit or investigation; (2) issued a final notice of amount due; (3) filed an administrative lien, levy, or garnishment; (4) commenced other collection action; (5) commenced an action for civil penalties; or (6) any other legal action, a document setting forth in plain English the rights of the person. The document shall explain the administrative appeals process, the authority of the Problem Resolution Office (established pursuant to section 603) and how to contact that Office, the burden of production and persuasion that the person and the sales tax administering authority bear (pursuant to section 505), the right of the person to professional fees (pursuant to section 506), the right to record interviews and such other rights as the person may possess under this subtitle. Said document will also set forth the procedures for entering into an installment agreement. (b) Right to Professional Assistance In all dealings with the sales tax administering authority, a person shall have the right to assistance, at their own expense, of 1 or more professional advisors. (c) Right To Record Interviews Any person who is interviewed by an agent of the sales tax administering authority shall have the right to video or audio tape the interview at the person’s own expense. (d) Right to Final Notice of Amount Due No collection or enforcement action will be commenced against a person until 30 days after they have been provided with a final notice of amount due under this subtitle by the sales tax administering authority. The final notice of amount due shall set forth the amount of tax due (along with any interest and penalties due) and the factual and legal basis for such amounts being due with sufficient specificity that such basis can be understood by a reasonable person who is not a tax professional reading the notice. The final notice shall be sent by certified mail, return receipt requested, to— (1) the address last provided by a registered seller; or (2) the best available address to a person who is not a registered seller. (e) Confidentiality of Tax Information (1) In general All reports and report information (related to any internal revenue law) shall be confidential and except as authorized by this title— (A) no officer or employee (including former officers and employees) of the United States; (B) no officer or employee (including former officers and employees) of any State or local agency who has had access to returns or return information; and (C) no other person who has had access to returns or return information; shall disclose any report or report information obtained by him in any manner in connection with his service as such officer or employee or otherwise. (2) Designees The sales tax administering authority may, subject to such requirements as the Secretary may impose, disclose the report and report information of a person to that person or persons as that person may designate to receive said information or return. (3) Other sales tax administering authorities A sales tax administering authority may impose, disclose the report and report information to another sales tax administering authority. (4) Incompetency A sales tax administering authority may, subject to such requirements as the Secretary may impose, disclose the report and report information to the committee, trustee, or guardian of a person who is incompetent. (5) Deceased persons A sales tax administering authority may, subject to such requirements as the Secretary may impose, disclose the report and report information to the decedent’s— (A) administrator, executor, estate trustee, or (B) heir at law, next of kin, or beneficiary under a will who has a material interest that will be affected by the information. (6) Bankruptcy A sales tax administering authority may, subject to such requirements as the Secretary may impose, disclose the report and report information to a person’s trustee in bankruptcy. (7) Congress Upon written request from the Chairman of the Committee on Ways and Means, the Chairman of the Committee on Finance of the Senate, or the Chairman or Chief of Staff of the Joint Committee on Taxation, a sales tax administering authority shall disclose the report and report information, except that any report or report information that can be associated with or otherwise identify a particular person shall be furnished to such committee only when sitting in closed executive session unless such person otherwise consents in writing to such disclosure. (8) Waiver of privacy rights A person may waive confidentiality rights provided by this section. Such waiver must be in writing. (9) Internal use Disclosure of the report or report information by officers or employees of a sales tax administering authority to other officers or employees of a sales tax administering authority in the ordinary course of tax administration activities shall not constitute unlawful disclosure of the report or report information. (10) Statistical use Upon request in writing by the Secretary of Commerce, the Secretary shall furnish such reports and report information to officers and employees of the Department of Commerce as the Secretary may prescribe by regulation for the purposes of, and only to the extent necessary in, the structuring of censuses and national economic accounts and conducting related statistical activities authorized by law. (11) Department of the treasury Returns and return information shall be open for inspection by officers and employees of the Department of the Treasury whose official duties require such inspection or disclosure for the purpose of, and only to the extent necessary for, preparing economic or financial forecasts, projections, analyses, or estimates. Such inspection or disclosure shall be permitted only upon written request that sets forth the reasons why such inspection or disclosure is necessary and is signed by the head of the bureau or office of the Department of the Treasury requesting the inspection or disclosure. 606. Installment agreements; compromises The sales tax administering authority is authorized to enter into written agreements with any person under which the person is allowed to satisfy liability for payment of any tax under this subtitle (and penalties and interest relating thereto) in installment payments if the sales tax administering authority determines that such agreement will facilitate the collection of such liability. The agreement shall remain in effect for the term of the agreement unless the information that the person provided to the sales tax administering authority was materially inaccurate or incomplete. The sales tax administering authority may compromise any amounts alleged to be due. 7 Special rules Sec. 701. Hobby activities. Sec. 702. Gaming activities. Sec. 703. Government purchases. Sec. 704. Government enterprises. Sec. 705. Mixed use property. Sec. 706. Not-for-profit organizations. 701. Hobby activities (a) Hobby Activities Neither the exemption afforded by section 102 for intermediate sales nor the credits available pursuant to section 202 or 203 shall be available for any taxable property or service purchased for use in an activity if that activity is not engaged in for-profit. (b) Status Deemed If the activity has received gross payments for the sale of taxable property or services that exceed the sum of— (1) taxable property and services purchased; (2) wages and salary paid; and (3) taxes (of any type) paid, in 2 or more of the most recent 3 calendar years during which it operated, then the business activity shall be conclusively deemed to be engaged in for profit. 702. Gaming activities (a) Registration Any person selling 1 or more chances is a gaming sponsor and shall register, in a form prescribed by the Secretary, with the sales tax administering authority as a gaming sponsor. (b) Chance Defined For purposes of this section, the term chance (1) a random or unpredictable event; or (2) an event over which neither the gaming sponsor nor the person purchasing the chance has control over the outcome. (c) Chances Not Taxable Property or Service Notwithstanding any other provision in this subtitle, a chance is not taxable property or services for purposes of section 101. (d) Tax on Gaming Services Imposed A 23-percent tax is hereby imposed on the taxable gaming services of a gaming sponsor. This tax shall be paid and remitted by the gaming sponsor. The tax shall be remitted by the 15th day of each month with respect to taxable gaming services during the previous calendar month. (e) Taxable Gaming Services Defined For purposes of this section, the term taxable gaming services (1) gross receipts of the gaming sponsor from the sale of chances, minus (2) the sum of— (A) total gaming payoffs to chance purchasers (or their designees); and (B) gaming specific taxes (other than the tax imposed by this section) imposed by the Federal, State, or local government. 703. Government purchases (a) Government Purchases (1) Purchases by the federal government Purchases by the Federal Government of taxable property and services shall be subject to the tax imposed by section 101. (2) Purchase by state governments and their political subdivisions Purchases by State governments and their political subdivisions of taxable property and services shall be subject to the tax imposed by section 101. (b) Cross References For purchases by government enterprises see section 704. 704. Government enterprises (a) Government Enterprises To Collect and Remit Taxes on Sales Nothing in this subtitle shall be construed to exempt any Federal, State, or local governmental unit or political subdivision (whether or not the State is an administering State) operating a government enterprise from collecting and remitting tax imposed by this subtitle on any sale of taxable property or services., Government enterprises shall comply with all duties imposed by this subtitle and shall be liable for penalties and subject to enforcement action in the same manner as private persons that are not government enterprises. (b) Government Enterprise Any entity owned or operated by a Federal, State, or local governmental unit or political subdivision that receives gross payments from private persons is a government enterprise, except that a government-owned entity shall not become a government enterprise for purposes of this section unless in any quarter it has revenues from selling taxable property or services that exceed $2,500. (c) Government Enterprises Intermediate Sales (1) In general Government enterprises shall not be subject to tax on purchases that would not be subject to tax pursuant to section 102(b) if the government enterprise were a private enterprise. (2) Exception Government enterprises may not use the exemption afforded by section 102(b) to serve as a conduit for tax-free purchases by government units that would otherwise be subject to taxation on purchases pursuant to section 703. Transfers of taxable property or services purchased exempt from tax from a government enterprise to such government unit shall be taxable. (d) Separate Books of Account Any government enterprise must maintain books of account, separate from the nonenterprise government accounts, maintained in accordance with generally accepted accounting principles. (e) Trade or Business A government enterprise shall be treated as a trade or business for purposes of this subtitle. (f) Enterprise Subsidies Constitute Taxable Purchase A transfer of funds to a government enterprise by a government entity without full consideration shall constitute a taxable government purchase with the meaning of section 703 to the extent that the transfer of funds exceeds the fair market value of the consideration. 705. Mixed use property (a) Mixed Use Property or Service (1) Mixed use property or service defined For purposes of this section, the term mixed use property or service (2) Taxable threshold Mixed use property or service shall be subject to tax notwithstanding section 102(a)(1) unless such property or service is used more than 95 percent for purposes that would give rise to an exemption pursuant to section 102(a)(1) during each calendar year (or portions thereof) it is owned. (3) Mixed use property or services credit A person registered pursuant to section 502 is entitled to a business use conversion credit (pursuant to section 202) equal to the product of— (A) the mixed use property amount; and (B) the business use ratio; and (C) the rate of tax imposed by section 101. (4) Mixed use property amount The mixed use property amount for each month (or fraction thereof) in which the property was owned shall be— (A) one-three-hundred-sixtieth of the gross payments for real property for 360 months or until the property is sold; (B) one-eighty-fourth of the gross payments for tangible personal property for 84 months or until the property is sold; (C) one-sixtieth of the gross payments for vehicles for 60 months or until the property is sold; or (D) for other types of taxable property or services, a reasonable amount or in accordance with regulations prescribed by the Secretary. (5) Business use ratio For purposes of this section, the term business use ratio (b) Timing of Business Use Conversion Credit Arising Out of Ownership of Mixed Use Property A person entitled to a credit pursuant to subsection (a)(3) arising out of the ownership of mixed use property must account for the mixed use on a calendar year basis, and may file for the credit with respect to mixed use property in any month following the calendar year giving rise to the credit. (c) Cross Reference For business use conversion credit, see section 202. 706. Not-for-Profit organizations (a) Not-for-Profit Organizations Dues, contributions, and similar payments to qualified not-for-profit organizations shall not be considered gross payments for taxable property or services for purposes of this subtitle. (b) Definition For purposes of this section, the term qualified not-for-profit organization (1) for religious, charitable, scientific, testing for public safety, literary, or educational purposes; (2) as civic leagues or social welfare organizations; (3) as labor, agricultural, or horticultural organizations; (4) as chambers of commerce, business leagues, or trade associations; or (5) as fraternal beneficiary societies, orders, or associations; no part of the net earnings of which inures to the benefit of any private shareholder or individual. (c) Qualification Certificates Upon application in a form prescribed by the Secretary, the sales tax administering authority shall provide qualification certificates to qualified not-for-profit organizations. (d) Taxable Transactions If a qualified not-for-profit organization provides taxable property or services in connection with contributions, dues, or similar payments to the organization, then it shall be required to treat the provision of said taxable property or services as a purchase taxable pursuant to this subtitle at the fair market value of said taxable property or services. (e) Exemptions Taxable property and services purchased by a qualified not-for-profit organization shall be eligible for the exemptions provided in section 102. 8 Financial Intermediation Services Sec. 801. Determination of financial intermediation services amount. Sec. 802. Bad debts. Sec. 803. Timing of tax on financial intermediation services. Sec. 804. Financing leases. Sec. 805. Basic interest rate. Sec. 806. Foreign financial intermediation services. 801. Determination of financial intermediation services amount (a) Financial Intermediation Services For purposes of this subtitle— (1) In general The term financial intermediation services (A) explicitly charged fees for financial intermediation services, and (B) implicitly charged fees for financial intermediation services. (2) Explicitly charged fees for financial intermediation services The term explicitly charged fees for financial intermediation services (A) brokerage fees; (B) explicitly stated banking, loan origination, processing, documentation, credit check fees, or other similar fees; (C) safe-deposit box fees; (D) insurance premiums, to the extent such premiums are not allocable to the investment account of the underlying insurance policy; (E) trustees’ fees; and (F) other financial services fees (including mutual fund management, sales, and exit fees). (3) Implicitly charged fees for financial intermediation services (A) In general The term implicitly charged fees for financial intermediation services (B) Gross imputed amount For purposes of subparagraph (A), the term gross imputed amount (i) with respect to any underlying interest-bearing investment or account, the product of— (I) the excess (if any) of the basic interest rate (as defined in section 805) over the rate paid on such investment; and (II) the amount of the investment or account; and (ii) with respect to any underlying interest-bearing debt, the product of— (I) the excess (if any) of the rate paid on such debt over the basic interest rate (as defined in section 805); and (II) the amount of the debt. (b) Seller of Financial Intermediation Services For purposes of section 103(a), the seller of financial intermediation services shall be— (1) in the case of explicitly charged fees for financial intermediation services, the seller shall be the person who receives the gross payments for the charged financial intermediation services; (2) in the case of implicitly charged fees for financial intermediation services with respect to any underlying interest-bearing investment or account, the person making the interest payments on the interest-bearing investment or account; and (3) in the case of implicitly charged fees for financial intermediation services with respect to any interest-bearing debt, the person receiving the interest payments on the interest-bearing debt. 802. Bad debts (a) In General For purposes of section 205(a), a bad debt shall be a business debt that becomes wholly or partially worthless to the payee. (b) Business Loan For purposes of subsection (a), a business loan or debt is a bona fide loan or debt made for a business purpose that both parties intended be repaid. (c) Determination of Worthlessness (1) In general No loan or debt shall be considered wholly or partially worthless unless it has been in arrears for 180 days or more, except that if a debt is discharged wholly or partially in bankruptcy before 180 days has elapsed, then it shall be deemed wholly or partially worthless on the date of discharge. (2) Determination by holder A loan or debt that has been in arrears for 180 days or more may be deemed wholly or partially worthless by the holder unless a payment schedule has been entered into between the debtor and the lender. (d) Cross Reference See section 205(c) for tax on subsequent payments. 803. Timing of tax on financial intermediation services The tax on financial intermediation services provided by section 801 with respect to an underlying investment account or debt shall be imposed and collected with the same frequency that statements are rendered by the financial institution in connection with the investment account or debt but not less frequently than quarterly. 804. Financing leases (a) Definition For purposes of this section, the term financing lease (b) General Rule Financing leases shall be taxed in the method set forth in this section. (c) Determination of Principal and Interest Components of Financing Lease The Secretary shall promulgate rules for disaggregating the principal and interest components of a financing lease. The principal amount shall be determined to the extent possible by examination of the contemporaneous sales price or prices of property the same or similar as the leased property. (d) Alternative Method In the event that contemporaneous sales prices or property the same or similar as the leased property are not available, the principal and interest components of a financing lease shall be disaggregated using the applicable interest rate (as defined in section 511) plus 4 percent. (e) Principal Component The principal component of the financing lease shall be subject to tax as if a purchase in the amount of the principal component had been made on the day on which said lease was executed. (f) Interest Component The financial intermediation services amount with respect to the interest component of the financing lease shall be subject to tax under this subtitle. (g) Coordination If the principal component and financial intermediation services amount with respect to the interest component of a lease have been taxed pursuant to this section, then the gross lease or rental payments shall not be subject to additional tax. 805. Basic interest rate For purposes of this chapter, the basic interest rate with respect to a debt instrument, investment, financing lease, or account shall be the applicable interest rate (as determined in section 511). For debt instruments, investments, or accounts of contractually fixed interest, the applicable interest rate of the month of issuance shall apply. For debt instruments, investments, or accounts of variable interest rates and which have no reference interest rate, the applicable interest shall be the Federal short-term interest rate for each month. For debt instruments, investments, or accounts of variable interest rates and which have a reference interest rate, the applicable interest shall be the applicable interest rate for the reference interest rate for each month. 806. Foreign financial intermediation services (a) Special Rules Relating to International Financial Intermediation Services Financial intermediation services shall be deemed as used or consumed within the United States if the person (or any related party as defined in section 205(e)) purchasing the services is a resident of the United States. (b) Designation of Tax Representative Any person that provides financial intermediation services to United States residents must, as a condition of lawfully providing such services, designate, in a form prescribed by the Secretary, a tax representative for purposes of this subtitle. The tax representative shall be responsible for ensuring that the taxes imposed by this subtitle are collected and remitted and shall be jointly and severally liable for collecting and remitting these taxes. The Secretary may require reasonable bond of the tax representative. The Secretary or a sales tax administering authority may bring an action seeking a temporary restraining order, an injunction, or such other order as may be appropriate to enforce this section. (c) Cross References For definition of person, see section 901. 9 Additional matters Sec. 901. Additional matters. Sec. 902. Transition matters. Sec. 903. Wages to be reported to Social Security Administration. Sec. 904. Trust Fund revenue. Sec. 905. Withholding of tax on nonresident aliens and foreign corporations. 901. Additional matters (a) Intangible Property Antiavoidance Rule Notwithstanding section 2(a)(14)(a)(i), the sale of a copyright or trademark shall be treated as the sale of taxable services (within the meaning of section 101(a)) if the substance of the sales of copyright or trademark constituted the sale of the services that produced the copyrighted material or the trademark. (b) De Minimis Payments Up to $400 of gross payments per calendar year shall be exempt from the tax imposed by section 101 if— (1) made by a person not in connection with a trade or business at any time during such calendar year prior to making said gross payments, and (2) made to purchase any taxable property or service which is imported into the United States by such person for use or consumption by such person in the United States. (c) De Minimis Sales Up to $1,200 per calendar year of gross payments shall be exempt from the tax imposed by section 101 if received— (1) by a person not in connection with a trade or business during such calendar year prior to the receipt of said gross payments; and (2) in connection with a casual or isolated sale. (d) De Minimis Sale of Financial Intermediation Services Up to $10,000 per calendar year of gross payments received by a person from the sale of financial intermediation services (as determined in accordance with section 801) shall be exempt from the tax imposed by section 101. The exemption provided by this subsection is in addition to other exemptions afforded by this chapter. The exemption provided by this subsection shall not be available to large sellers (as defined in section 501(e)(3)). (e) Proxy Buying Taxable If a registered person provides taxable property or services to a person either as a gift, prize, reward, or as remuneration for employment, and such taxable property or services were not previously subject to tax pursuant to section 101, then the provision of such taxable property or services by the registered person shall be deemed the conversion of such taxable property or services to personal use subject to tax pursuant to section 103(c) at the tax inclusive fair market value of such taxable property or services. (f) Substance Over Form The substance of a transaction will prevail over its form if the transaction has no bona fide economic purpose and is designed to evade tax imposed by this subtitle. (g) Certain Employee Discounts Taxable (1) Employee discount For purposes of this subsection, the term employee discount (2) Employee discount amount For purposes of this subsection, the employee discount amount is the amount by which taxable property or services are sold pursuant to an employee discount below the amount for which such taxable property or services would have been sold to the general public. (3) Taxable amount If the employee discount amount exceeds 20 percent of the price that the taxable property or services would have been sold to the general public, then the sale of such taxable property or services by the employer shall be deemed the conversion of such taxable property or services to personal use and tax shall be imposed on the taxable employee discount amount. The taxable employee discount amount shall be— (A) the employee discount amount, minus (B) 20 percent of the amount for which said taxable property or services would have been sold to the general public. (h) Saturday, Sunday, or Legal Holiday When the last day prescribed for performing any act required by this subtitle falls on a Saturday, Sunday, or legal holiday (in the jurisdiction where the return is to be filed), the performance of such act shall be considered timely if it is performed on the next day which is not a Saturday, Sunday, or legal holiday (in the jurisdiction where the return is to be filed). 902. Transition matters (a) Inventory (1) Qualified inventory Inventory held by a trade or business on the close of business on December 31, 2014, shall be qualified inventory if it is sold— (A) before December 31, 2015; (B) by a registered person; and (C) subject to the tax imposed by section 101. (2) Costs For purposes of this section, qualified inventory shall have the cost that it had for Federal income tax purposes for the trade or business as of December 31, 2014 (including any amounts capitalized by reason of section 263A of the Internal Revenue Code of 1986 as in effect on December 31, 2014). (3) Transitional inventory credit The trade or business which held the qualified inventory on the close of business on December 31, 2014, shall be entitled to a transitional inventory credit equal to the cost of the qualified inventory (determined in accordance with paragraph (2)) times the rate of tax imposed by section 101. (4) Timing of credit The credit provided under paragraph (3) shall be allowed with respect to the month when the inventory is sold subject to the tax imposed by this subtitle. Said credit shall be reported as an intermediate and export sales credit and the person claiming said credit shall attach supporting schedules in the form that the Secretary may prescribe. (b) Work-in-Process For purposes of this section, inventory shall include work-in-process. (c) Qualified Inventory Held by Businesses Not Selling Said Qualified Inventory at Retail (1) In general Qualified inventory held by businesses that sells said qualified inventory not subject to tax pursuant to section 102(a) shall be eligible for the transitional inventory credit only if that business (or a business that has successor rights pursuant to paragraph (2)) receives certification in a form satisfactory to the Secretary that the qualified inventory was subsequently sold subject to the tax imposed by this subtitle. (2) Transitional inventory credit right may be sold The business entitled to the transitional inventory credit may sell the right to receive said transitional inventory credit to the purchaser of the qualified inventory that gave rise to the credit entitlement. Any purchaser of such qualified inventory (or property or services into which the qualified inventory has been incorporated) may sell the right to said transitional inventory credit to a subsequent purchaser of said qualified inventory (or property or services into which the qualified inventory has been incorporated). 903. Wages to be reported to Social Security Administration (a) In General Employers shall submit such information to the Social Security Administration as is required by the Social Security Administration to calculate Social Security benefits under title II of the Social Security Act (b) Wages For purposes of this section, the term wages (1) any insurance benefits received (including death benefits); (2) pension or annuity benefits received; (3) tips received by an employee over $5,000 per year; and (4) benefits received under a government entitlement program (including Social Security benefits and unemployment compensation benefits). (c) Self-Employment Income For purposes of subsection (b), the term self-employment income (1) gross payments made for taxable property or services (without regard to whether tax was paid pursuant to section 101 on such taxable property or services), and (2) wages paid by the self-employed person to employees of the self-employed person. 904. Trust Fund revenue (a) Secretary To Make Allocation of Sales Tax Revenue The Secretary shall allocate the revenue received by virtue of the tax imposed by section 101 in accordance with this section. The revenue shall be allocated among— (1) the general revenue, (2) the old-age and survivors insurance trust fund, (3) the disability insurance trust fund, (4) the hospital insurance trust fund, and (5) the Federal supplementary medical insurance trust fund. (b) General Rule (1) General revenue The proportion of total revenue allocated to the general revenue shall be the same proportion as the rate in section 101(b)(4) bears to the combined Federal tax rate percentage (as defined in section 101(b)(3)). (2) The amount of revenue allocated to the old-age and survivors insurance and disability insurance trust funds shall be the same proportion as the old-age, survivors and disability insurance rate (as defined in subsection (d)) bears to the combined Federal tax rate percentage (as defined in section 101(b)(3)). (3) The amount of revenue allocated to the hospital insurance and Federal supplementary medical insurance trust funds shall be the same proportion as the hospital insurance rate (as defined in subsection (e)) bears to the combined Federal tax rate percentage (as defined in section 101(b)(3)). (c) Calendar Year 2015 Notwithstanding subsection (b), the revenue allocation pursuant to subsection (a) for calendar year 2015 shall be as follows: (1) 64.83 percent of total revenue to general revenue; (2) 27.43 percent of total revenue to the old-age and survivors insurance and disability insurance trust funds, and (3) 7.74 percent of total revenue to the hospital insurance and Federal supplementary medical insurance trust funds. (d) Old-Age, Survivors and Disability Insurance Rate The old-age, survivors and disability insurance rate shall be determined by the Social Security Administration. The old-age, survivors and disability insurance rate shall be that sales tax rate which is necessary to raise the same amount of revenue that would have been raised by imposing a 12.4 percent tax on the Social Security wage base (including self-employment income) as determined in accordance with chapter 21 (e) Hospital Insurance Rate The hospital insurance rate shall be determined by the Social Security Administration. The hospital insurance rate shall be that sales tax rate which is necessary to raise the same amount of revenue that would have been raised by imposing a 2.9 percent tax on the Medicare wage base (including self-employment income) as determined in accordance with chapter 21 of the Internal Revenue Code of 1986 most recently in effect prior to the enactment of this Act. The rate shall be determined using actuarially sound methodology and announced at least 6 months prior to the beginning of the calendar year for which it applies. (f) Assistance The Secretary shall provide such technical assistance as the Social Security Administration shall require to determine the old-age, survivors and disability insurance rate and the hospital insurance rate. (g) Further Allocations (1) Old-age, survivors and disability insurance The Secretary shall allocate revenue received because of the old-age, survivors and disability insurance rate to the old-age and survivors insurance trust fund and the disability insurance trust fund in accordance with law or, in the absence of other statutory provision, in the same proportion that the old-age and survivors insurance trust fund receipts bore to the sum of the old-age and survivors insurance trust fund receipts and the disability insurance trust fund receipts in calendar year 2014 (taking into account only receipts pursuant to chapter 21 of the Internal Revenue Code of 1986). (2) Hospital insurance The Secretary shall allocate revenue received because of the hospital insurance rate to the hospital insurance trust fund and the Federal supplementary medical insurance trust fund in accordance with law or, in the absence of other statutory provision, in the same proportion that hospital insurance trust fund receipts bore to the sum of the hospital insurance trust fund receipts and Federal supplementary medical insurance trust fund receipts in calendar year 2014 (taking into account only receipts pursuant to chapter 21 905. Withholding of tax on nonresident aliens and foreign corporations (a) In General All persons, in whatever capacity acting (including lessees or mortgagors or real or personal property, fiduciaries, employers, and all officers and employees of the United States) having control, receipt, custody, disposal, or payment of any income to the extent such income constitutes gross income from sources within the United States of any nonresident alien individual, foreign partnership, or foreign corporation shall deduct and withhold from that income a tax equal to 23 percent thereof. (b) Exception No tax shall be required to be deducted from interest on portfolio debt investments. (c) Treaty Countries In the case of payments to nonresident alien individuals, foreign partnerships, or foreign corporations that have a residence in (or the nationality of a country) that has entered into a tax treaty with the United States, then the rate of withholding tax prescribed by the treaty shall govern. . 202. Conforming and technical amendments (a) Repeals The following provisions of the Internal Revenue Code of 1986 are repealed: (1) Subchapter A of chapter 61 of subtitle D (as redesignated by section 104) (relating to information and returns). (2) Sections 6103 through 6116 of subchapter B of chapter 61 of subtitle D (as so redesignated). (3) Section 6157 (relating to unemployment taxes). (4) Section 6163 (relating to estate taxes). (5) Section 6164 (relating to corporate taxes). (6) Section 6166 (relating to estate taxes). (7) Section 6167 (relating to foreign expropriation losses). (8) Sections 6201, 6205 and 6207 (relating to assessments). (9) Subchapter C of chapter 63 of subtitle D (as so redesignated) (relating to tax treatment of partnership items). (10) Section 6305 (relating to collections of certain liabilities). (11) Sections 6314, 6315, 6316, and 6317 (relating to payments of repealed taxes). (12) Sections 6324, 6324A and 6324B (relating to liens for estate and gift taxes). (13) Section 6344 (relating to cross references). (14) Section 6411 (relating to carrybacks). (15) Section 6413 (relating to employment taxes). (16) Section 6414 (relating to withheld income taxes). (17) Section 6422 (relating to cross references). (18) Section 6425 (relating to overpayment of corporate estimated taxes). (19) Section 6428 (relating to 2008 recovery rebates for individuals). (20) Section 6429 (relating to advance payment of portion of increased child credit for 2003). (21) Section 6431 (relating to credit for qualified bonds allowed to issuer). (22) Section 6432 (relating to COBRA premium assistance). (23) Section 6504 (relating to cross references). (24) Section 6652 (relating to failure to file certain information returns). (25) Sections 6654 and 6655 (relating to failure to payment estimated income tax). (26) Section 6662 (relating to penalties). (27) Section 6662A (relating to imposition of accuracy-related penalty on understatements with respect to reportable transactions). (28) Sections 6677 through 6711, 6716, and 6720B (relating to income tax related penalties). (29) Part II of subchapter B of chapter 68 (relating to certain information returns). (30) Part I of subchapter A of chapter 70 (relating to termination of taxable year). (31) Section 6864 (relating to certain carrybacks). (32) Section 7103 (relating to cross references). (33) Section 7204 (relating to withholding statements). (34) Section 7211 (relating certain statements). (35) Section 7231 (relating to failure to obtain certain licenses). (36) Section 7270 (relating to insurance policies). (37) Section 7404 (relating to estate taxes). (38) Section 7404 (relating to income tax preparers). (39) Section 7408 (relating to income tax shelters). (40) Section 7409 (relating to 501(c)(3) organizations). (41) Section 7427 (relating to income tax preparers). (42) Section 7428 (relating to 501(c)(3) organizations). (43) Section 7476 (relating to declaratory judgments relating to retirement plans). (44) Section 7477 (relating to declaratory judgments relating to value of certain gifts). (45) Section 7478 (relating to declaratory judgments relating to status of certain governmental obligations). (46) Section 7479 (relating to declaratory judgments relating to eligibility of estate with respect to installment payments under section 6166). (47) Section 7508 (relating to postponing time for certain actions required by the income, estate, and gift tax). (48) Section 7509 (relating to Postal Service payroll taxes). (49) Section 7512 (relating to payroll taxes). (50) Section 7517 (relating to estate and gift tax evaluation). (51) Section 7518 (relating to Merchant Marine tax incentives). (52) Section 7519 (relating to taxable years). (53) Section 7520 (relating to insurance and annuity valuation tables). (54) Section 7523 (relating to reporting Federal income and outlays on Form 1040s). (55) Section 7527 (relating to advance payment of credit for health insurance costs of eligible individuals). (56) Section 7611 (relating to church income tax exemptions and church unrelated business income tax inquiries). (57) Section 7654 (relating to possessions’ income taxes). (58) Section 7655 (relating to cross references). (59) Section 7701(a)(16). (60) Section 7701(a)(19). (61) Section 7701(a)(20). (62) Paragraphs (32) through (38) of section 7701(a). (63) Paragraphs (41) through (47) of section 7701(a). (64) Section 7701(b). (65) Subsections (e) through (m) of section 7701. (66) Section 7702 (relating to life insurance contracts). (67) Section 7702A (relating to modified endowment contracts). (68) Section 7702B (relating to long-term care insurance). (69) Section 7703 (relating to the determination of marital status). (70) Section 7704 (relating to publicly traded partnerships). (71) Section 7805 (relating to rules and regulations). (72) Section 7851 (relating to applicability of revenue laws). (73) Section 7872 (relating to treatment of loans with below-market interest rates). (74) Section 7873 (relating to Federal tax treatment of income derived by Indians from exercise of fishing rights secured by treaty, etc.). (75) Section 7874 (relating to rules relating to expatriated entities and their foreign parents). (b) Other Conforming and Technical Amendments (1) Section 6151 is amended by striking subsection (b) and by redesignating subsection (c) as subsection (b). (2) Section 6161 is amended to read as follows: 6161. Extension of time for paying tax The Secretary, except as otherwise provided in this title, may extend the time for payment of the amount of the tax shown or required to be shown on any return, report, or declaration required under authority of this title for a reasonable period not to exceed 6 months (12 months in the case of a taxpayer who is abroad). . (3) Section 6211(a) is amended— (A) by striking income, estate and gift taxes imposed by subtitles A and B and (B) by striking subtitle A or B, or (C) by striking , as defined in subsection (b)(2), (4) Section 6211(b) is amended to read as follows: (b) Rebate Defined For purposes of subsection (a)(2), the term rebate . (5) Section 6212(b) is amended to read as follows: (b) Address for Notice of Deficiency In the absence of notice to the Secretary under section 6903 of the existence of a fiduciary relationship, notice of a deficiency in respect of a tax imposed by chapter 42, 43, or 44 if mailed to the taxpayer at his last known address, shall be sufficient for purposes of such chapter and this chapter even if such taxpayer is deceased, or is under a legal disability, or, in the case of a corporation has terminated its existence. . (6) Section 6302(b) is amended by striking 21, (7) Section 6302 is amended by striking subsections (g) and (i) and by redesignating subsection (h) as subsection (g). (8) Section 6325 is amended by striking subsection (c) and by redesignating subsections (d) through (h) as subsections (c) through (g), respectively. (9) Section 6402(d) is amended by striking paragraph (3). (10) Section 6402 is amended by striking subsection (k) and by redesignating subsection (l) as subsection (k). (11) Section 6501(b) is amended— (A) by striking except tax imposed by chapter 3, 21, or 24, (B) by striking paragraph (2) and by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (12) Section 6501(c) is amended by striking paragraphs (5) through (11). (13) Section 6501(e) is amended by striking subsection (c)— subtitle D subsection (c), in the case of a return of a tax imposed under a provision of subtitle B (14) Section 6501 is amended by striking subsection (f) through (k) and subsections (m) and (n) and by redesignating subsection (1) as subsection (f). (15) Section 6503(a) is amended— (A) by striking paragraph (2), (B) by striking Deficiency The running Deficiency (C) by striking income, estate, gift and (16) Section 6503 is amended by striking subsections (e), (f), (i), and (k) and by redesignating subsections (g), (h), and (j) as subsections (e), (f), and (g), respectively. (17) Section 6511 is amended by striking subsections (d), (g), and (i) and by redesignating subsections (f) and (h) as subsections (d) and (e), respectively. (18) Section 6512(b)(1) is amended by striking of income tax for the same taxable year, of gift tax for the same calendar year or calendar quarter, of estate tax in respect of the taxable estate of the same decedent or (19) Section 6513 is amended— (A) by striking (a) Early Return or Advance Payment of Tax (B) by striking subsections (b) and (e). (20) Chapter 67 is amended by striking subchapters A through D and inserting the following: 6601. Interest on overpayments and underpayment (a) Underpayments If any amount of tax imposed by this title is not paid on or before the last date prescribed for payment, interest on such amount at the Federal short-term rate (as defined in section 511(b)) shall be paid from such last date to the date paid. (b) Overpayments Interest shall be allowed and paid upon any overpayment in respect of any internal revenue tax at the Federal short-term rate (as defined in section 511(b)) from 60 days after the date of the overpayment until the date the overpayment is refunded. . (21) Section 6651(a)(1) is amended by striking subchapter A of chapter 61 (other than part III thereof, (22) Section 6656 is amended by striking subsection (c) and by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. (23) Section 6663 is amended by striking subsection (c). (24) Section 6664(c) is amended— (A) by striking Exception.— No penalty Exception.—No penalty, (B) by striking paragraphs (2), (3), and (4). (25) Chapter 72 is amended by striking all matter preceding section 7011. (26) Section 7422 is amended by striking subsections (h) and (i) and by redesignating subsections (j) and (k) as subsections (h) and (i), respectively. (27) Section 7451 is amended to read as follows: 7451. Fee for filing petition The Tax Court is authorized to impose a fee in an amount not in excess of $60 to be fixed by the Tax Court for the filing of any petition for the redetermination of a deficiency. . (28) Section 7454 is amended by striking subsection (b) and by redesignating subsection (c) as subsection (b). (29) Section 7463(a) is amended— (A) by striking paragraphs (2) and (3), (B) by redesignating paragraph (4) as paragraph (2), and (C) by striking D B (30) Section 7463(c) is amended by striking sections 6214(a) and section (31) Section 7463(c) is amended by striking , to the extent that the procedures described in subchapter B of chapter 63 apply (32) Section 7481 is amended by striking subsection (d). (33) Section 7608 is amended by striking subtitle E subtitle C (34) Section 7651 is amended by striking paragraph (4). (35) Section 7701(a)(29) is amended by striking 1986 2013 (36) Section 7809(c) is amended by striking paragraphs (1) and (4) and by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (37) Section 7871(a) is amended by striking paragraphs (1) and (3) through (6) and by redesignating paragraphs (2) and (7) as paragraphs (1) and (2), respectively. (38) Section 7871 is amended by striking subsections (c) and (f) and by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. (39) Section 8021 is amended by striking subsection (a) and by redesignating subsections (b) through (f) as subsections (a) through (e), respectively. (40) Section 8022(a)(2)(A) is amended by striking , particularly the income tax (41) Section 8023 is amended by striking Internal Revenue Service Department of the Treasury (42) Section 9501(b)(2) is amended by striking subparagraph (C). (43) Section 9702(a) is amended by striking paragraph (4). (44) Section 9705(a) is amended by striking paragraph (4) and by redesignating paragraph (5) as paragraph (4). (45) Section 9706(d)(2)(A) is amended by striking 6103 605(e) (46) Section 9707 is amended by striking subsection (f). (47) Section 9712(d) is amended by striking paragraph (5) and by redesignating paragraph (6) as paragraph (5). (48) Section 9803(a) is amended by striking (as defined in section 414(f)) III Other Matters 301. Phase-out of administration of repealed Federal taxes (a) Appropriations Appropriations for any expenses of the Internal Revenue Service including processing tax returns for years prior to the repeal of the taxes repealed by title I of this Act, revenue accounting, management, transfer of payroll and wage data to the Social Security Administration for years after fiscal year 2017 shall not be authorized. (b) Records Federal records related to the administration of taxes repealed by title I of this Act shall be destroyed by the end of fiscal year 2017, except that any records necessary to calculate Social Security benefits shall be retained by the Social Security Administration and any records necessary to support ongoing litigation with respect to taxes owed or refunds due shall be retained until final disposition of such litigation. (c) Conforming Amendments (1) Subchapter A of chapter 80 is amended by striking sections 7802 and 7804. (2) Section 7803 is amended— (A) by striking subsections (a) and (b) and by redesignating subsections (c) and (d) as subsections (a) and (b), (B) by striking Internal Revenue Service Department of the Treasury (C) by striking Commissioner Commissioner of Internal Revenue Secretary (d) Effective Date The amendments made by subsection (c) shall take effect on January 1, 2017. 302. Administration of other Federal taxes Section 7801 (relating to the authority of the Department of the Treasury) is amended by adding at the end the following: (d) Excise Tax Bureau There shall be in the Department of the Treasury an Excise Tax Bureau to administer those excise taxes not administered by the Bureau of Alcohol, Tobacco and Firearms. (e) Sales Tax Bureau There shall be in the Department of the Treasury a Sales Tax Bureau to administer the national sales tax in those States where it is required pursuant to section 404, and to discharge other Federal duties and powers relating to the national sales tax (including those required by sections 402, 403, and 405). The Office of Revenue Allocation shall be within the Sales Tax Bureau. . 303. Sales tax inclusive Social Security benefits indexation Subparagraph (D) of section 215(i)(1) of the Social Security Act (D) (i) the term CPI increase percentage (ii) if the Consumer Price Index (as so prepared) does not include the national sales tax paid, then the term CPI increase percentage (I) the Consumer Price Index for that quarter (as so prepared), and (II) the national sales tax factor, exceeds such index for the most recent prior calendar quarter which was a base quarter under subparagraph (A)(ii) or, if later, the most recent cost of living computation quarter under subparagraph (B); and (iii) the national sales tax factor is equal to 1 plus the quotient that is— (I) the sales tax rate imposed by section 101 of the Internal Revenue Code of 2013, divided by (II) the quantity that is 1 minus such sales tax rate. . IV Sunset of Sales Tax if Sixteenth Amendment not Repealed 401. Elimination of sales tax if Sixteenth Amendment not repealed If the Sixteenth Amendment to the Constitution of the United States is not repealed before the end of the 7-year period beginning on the date of the enactment of this Act, then all provisions of, and amendments made by, this Act shall not apply to any use or consumption in any year beginning after December 31 of the calendar year in which or with which such period ends, except that the Sales Tax Bureau of the Department of the Treasury shall not be terminated until 6 months after such December 31.

Fair Tax Act of 2013

Preserving Rehabilitation Innovation Centers Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to study whether there should be an increase in the prospective payment rate for inpatient rehabilitation services that would otherwise be made to a rehabilitation innovation center to cover additional costs incurred in: (1) furnishing items and services to individuals conducting research, and (2) providing medical training. Requires the study also to specify the amount of such an increase if the Secretary determines that it is recommended.

To amend title XVIII of the Social Security Act to preserve access to rehabilitation innovation centers under the Medicare program. 1. Short title This Act may be cited as the Preserving Rehabilitation Innovation Centers Act of 2013 2. Finding Congress makes the following findings: (1) In the United States, there are an estimated 1,181 inpatient rehabilitation facilities. Among these facilities is a small group of rehabilitation institutions that are important for the future of rehabilitation care and medicine, as well as to patient recovery. (2) This unique category of inpatient rehabilitation institutions treat the most complex conditions, such as traumatic brain injury, stroke, spinal cord injury, childhood disease, burns, and wartime injuries. (3) These leading inpatient rehabilitation institutions are all not-for-profit or Government-owned institutions and serve a high volume of Medicare or Medicaid beneficiaries. (4) Each member of this small group of inpatient rehabilitation institutions has been recognized by the Federal Government for its contributions to cutting-edge research to develop solutions that enhance quality of care, improve patient outcomes, and reduce health care costs. (5) This cohort of inpatient rehabilitation institutions helps to improve the practice and standard of rehabilitation medicine across the Nation by training physicians, medical students, and other clinicians. (6) It is vital that these unique inpatient rehabilitation institutions are supported so they can continue to lead the Nation’s efforts to— (A) advance integrated, multidisciplinary rehabilitation research; (B) provide cutting-edge medical care to the most complex rehabilitation patients; (C) serve as education and training facilities for the physicians, nurses, and other health professionals who serve rehabilitation patients; and (D) ensure Medicare and Medicaid beneficiaries receive state-of-the-art, high-quality rehabilitation care. 3. Indirect costs payment for rehabilitation innovation centers Section 1886(j) of the Social Security Act ( 42 U.S.C. 1395ww(j) (1) by redesignating paragraph (8) as paragraph (9); and (2) by inserting after paragraph (7) the following new paragraph: (8) Indirect costs payment for rehabilitation innovation centers (A) Study relating to additional payments to rehabilitation innovation centers to account for higher costs; authority to increase payments (i) Study Not later than July 1, 2015, the Secretary shall conduct a study to determine whether there should be an increase in the prospective payment rate that would otherwise be made to a rehabilitation innovation center under this subsection for purposes of covering the additional costs that are incurred by such centers in furnishing items and services to individuals under this title, conducting research, and providing medical training, and if the Secretary determines that such an increase is recommended, the amount of such increase that is needed to cover such additional costs. (ii) Authority to increase payments Insofar as the Secretary determines under clause (i) that there should be an increase in the prospective payment rate to rehabilitation innovation centers, the Secretary may provide on a prospective basis for an appropriate percentage increase in such rate. (B) Rehabilitation innovation center defined (i) In general Subject to clause (iv), in this paragraph, the term rehabilitation innovation center (ii) Not-for-profit A rehabilitation facility described in this clause is a facility that— (I) is classified as a not-for-profit entity under the Centers for Medicare & Medicaid Services 2010 Provider of Services file; (II) holds at least one Federal rehabilitation research and training designation for research projects on traumatic brain injury, spinal cord injury, or stroke rehabilitation research from the Rehabilitation Research and Training Centers or the Rehabilitation Engineering Research Center at the National Institute on Disability and Rehabilitation Research at the Department of Education; (III) has a minimum Medicare case mix index of 1.1144 according to the IRF Rate Setting File for the Correction Notice for the Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2012 (78 Fed. Reg. 59256); and (IV) has at least 300 Medicare discharges per year or at least 200 Medicaid discharges per year. (iii) Government-owned A rehabilitation facility described in this clause is a facility that— (I) is classified as a Government-owned institution under the Centers for Medicare & Medicaid Services 2010 Provider of Services file; (II) holds at least one Federal rehabilitation research and training designation for research projects on traumatic brain injury, spinal cord injury, or stroke rehabilitation research from the Rehabilitation Research and Training Centers, the Rehabilitation Engineering Research Center, or the Model Spinal Cord Injury Systems at the National Institute on Disability and Rehabilitation Research at the Department of Education; (III) has a minimum Medicare case mix index of 1.1144 according to the IRF Rate Setting File for the Correction Notice for the Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2012 (78 Fed. Reg. 59256); and (IV) has a disproportionate share hospital (DSH) percentage of at least 0.6300 according to the IRF Rate Setting File for the Correction Notice for the Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2012 (78 Fed. Reg. 59256). (iv) Authority The Secretary may consider applications from inpatient rehabilitation facilities that are not described in clause (ii) or (iii) as of the date of the enactment of this paragraph but who are subsequently so described. .

Preserving Rehabilitation Innovation Centers Act of 2013

Amends the Internal Revenue Code to rename the section heading of Internal Revenue Code provisions relating to the individual retirement accounts (IRAs) of married individuals as the Kay Bailey Hutchison Spousal IRA.

To rename section 219(c) of the Internal Revenue Code of 1986 as the Kay Bailey Hutchison Spousal IRA. 1. Kay Bailey Hutchison Spousal IRA The heading of subsection (c) of section 219 Special rules for certain married individuals Kay Bailey Hutchison Spousal IRA

Taxpayer Transparency Act of 2013

Rural Education Achievement Program Reauthorization Act of 2013 - Amends part B (Rural Education Initiative) of title VI of the Elementary and Secondary Education Act of 1965 to revise the Small, Rural School Achievement program, which gives rural local educational agencies (LEAs) federal formula grants and greater flexibility in the use of state educational funds. Limits eligibility to LEAs whose schools are all designated with a school locale code of Fringe Rural, Distant Rural, or Remote Rural, unless located in an area the state defines as rural. Raises federal grant limits when funds available to implement the program equal or exceed $100 million. Alters LEA eligibility for federal funds under the Rural and Low-Income School program by requiring that: (1) at least 40% of the children ages 5 through 17 that LEAs serve be eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act; and (2) all of their schools be designated with a school locale code of Distant Town, Remote Town, Fringe Rural, Distant Rural, or Remote Rural.

To amend the small, rural school achievement program and the rural and low-income school program under part B of title VI of the Elementary and Secondary Education Act of 1965. 1. Short title This Act may be cited as the Rural Education Achievement Program Reauthorization Act of 2013 2. Small, rural school achievement program Sections 6211 and 6212 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7345 6211. Use of applicable funding (a) Alternative uses (1) In general Notwithstanding any other provision of law, an eligible local educational agency may use the applicable funding that the agency is eligible to receive from the State educational agency for a fiscal year to carry out local activities authorized under any of the following provisions: (A) Part A of title I. (B) Part A or D of title II. (C) Title III. (D) Part A or B of title IV. (E) Part A of title V. (2) Notification An eligible local educational agency shall notify the State educational agency of the local educational agency's intention to use the applicable funding in accordance with paragraph (1), by a date that is established by the State educational agency for the notification. (b) Eligibility (1) In general A local educational agency shall be eligible to use the applicable funding in accordance with subsection (a) if— (A) (i) (I) the total number of students in average daily attendance at all of the schools served by the local educational agency is fewer than 600; or (II) each county in which a school served by the local educational agency is located has a total population density of fewer than 10 persons per square mile; and (ii) all of the schools served by the local educational agency are designated with a school locale code of Fringe Rural, Distant Rural, or Remote Rural, as determined by the Secretary; or (B) the agency meets the criteria established in subparagraph (A)(i) and the Secretary, in accordance with paragraph (2), grants the local educational agency's request to waive the criteria described in subparagraph (A)(ii). (2) Certification The Secretary shall determine whether to waive the criteria described in paragraph (1)(A)(ii) based on a demonstration by the local educational agency, and concurrence by the State educational agency, that the local educational agency is located in an area defined as rural by a governmental agency of the State. (c) Applicable funding defined In this section, the term applicable funding (1) Subpart 2 and section 2412(a)(2)(A) of title II. (2) Section 4114. (3) Part A of title V. (d) Disbursement Each State educational agency that receives applicable funding for a fiscal year shall disburse the applicable funding to local educational agencies for alternative uses under this section for the fiscal year at the same time as the State educational agency disburses the applicable funding to local educational agencies that do not intend to use the applicable funding for such alternative uses for the fiscal year. (e) Applicable rules Applicable funding under this section shall be available to carry out local activities authorized under subsection (a). 6212. Grant program authorized (a) In general The Secretary is authorized to award grants to eligible local educational agencies to enable the local educational agencies to carry out activities authorized under any of the following provisions: (1) Part A of title I. (2) Part A or D of title II. (3) Title III. (4) Part A or B of title IV. (5) Part A of title V. (b) Allocation (1) In general Except as provided in paragraph (3), the Secretary shall award a grant under subsection (a) to a local educational agency eligible under section 6211(b) for a fiscal year in an amount equal to the initial amount determined under paragraph (2) for the fiscal year minus the total amount received by the agency under the provisions of law described in section 6211(c) for the preceding fiscal year. (2) Determination of initial amount (A) In general The initial amount referred to in paragraph (1) is equal to $100 multiplied by the total number of students in excess of 50 students, in average daily attendance at the schools served by the local educational agency, plus $20,000, except that the initial amount may not exceed $60,000. (B) Special rule For any fiscal year for which the amount made available to carry out this part is $100,000,000 or more, subparagraph (A) shall be applied— (i) by substituting $25,000 $20,000 (ii) by substituting $80,000 $60,000 (3) Ratable adjustment (A) In general If the amount made available to carry out this section for any fiscal year is not sufficient to pay in full the amounts that local educational agencies are eligible to receive under paragraph (1) for such year, the Secretary shall ratably reduce such amounts for such year. (B) Additional amounts If additional funds become available for making payments under paragraph (1) for such fiscal year, payments that were reduced under subparagraph (A) shall be increased on the same basis as such payments were reduced. (c) Disbursement The Secretary shall disburse the funds awarded to a local educational agency under this section for a fiscal year not later than July 1 of that fiscal year. (d) Special eligibility rule A local educational agency that receives a grant under this subpart for a fiscal year is not eligible to receive funds for such fiscal year under subpart 2. . 3. Rural and low-income school program Section 6221 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7351 6221. Program authorized (a) Grants to States (1) In general From amounts appropriated under section 6234 for this subpart for a fiscal year that are not reserved under subsection (c), the Secretary shall award grants (from allotments made under paragraph (2)) for the fiscal year to State educational agencies that have applications submitted under section 6223 approved to enable the State educational agencies to award grants to eligible local educational agencies for local authorized activities described in section 6222(a). (2) Allotment From amounts described in paragraph (1) for a fiscal year, the Secretary shall allot to each State educational agency for that fiscal year an amount that bears the same ratio to those amounts as the number of students in average daily attendance served by eligible local educational agencies in the State for that fiscal year bears to the number of all such students served by eligible local educational agencies in all States for that fiscal year. (3) Specially qualified agencies (A) Eligibility and application If a State educational agency elects not to participate in the program under this subpart or does not have an application submitted under section 6223 approved, a specially qualified agency in such State desiring a grant under this subpart may submit an application under such section directly to the Secretary to receive an award under this subpart. (B) Direct awards The Secretary may award, on a competitive basis or by formula, the amount the State educational agency is eligible to receive under paragraph (2) directly to a specially qualified agency in the State that has submitted an application in accordance with subparagraph (A) and obtained approval of the application. (C) Specially qualified agency defined In this subpart, the term specially qualified agency (b) Local awards (1) Eligibility A local educational agency shall be eligible to receive a grant under this subpart if— (A) 40 percent or more of the children ages 5 through 17 years served by the local educational agency are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act; and (B) all of the schools served by the agency are designated with a school locale code of Distant Town, Remote Town, Fringe Rural, Distant Rural, or Remote Rural, as determined by the Secretary. (2) Award basis A State educational agency shall award grants to eligible local educational agencies— (A) on a competitive basis; (B) according to a formula based on the number of students in average daily attendance served by the eligible local educational agencies or schools in the State; or (C) according to an alternative formula, if, prior to awarding the grants, the State educational agency demonstrates, to the satisfaction of the Secretary, that the alternative formula enables the State educational agency to allot the grant funds in a manner that serves equal or greater concentrations of children from families eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act, relative to the concentrations that would be served if the State educational agency used the formula described in subparagraph (B). (c) Reservations From amounts appropriated under section 6234 for this subpart for a fiscal year, the Secretary shall reserve— (1) one-half of 1 percent to make awards to elementary schools or secondary schools operated or supported by the Bureau of Indian Affairs, to carry out the activities authorized under this subpart; and (2) one-half of 1 percent to make awards to the outlying areas in accordance with their respective needs, to carry out the activities authorized under this subpart. (d) Special eligibility rule A local educational agency that is eligible to receive a grant under this subpart and is also eligible to receive a grant under subpart 1, may receive a grant under this subpart for a fiscal year only if the local educational agency does not receive a grant under subpart 1 for such fiscal year. .

Rural Education Achievement Program Reauthorization Act of 2013

Cavernous Angioma Research Resource Act of 2013 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH), acting through the Director of the National Institute of Neurological Disorders and Stroke, to expand and intensify NIH programs regarding research and related activities concerning cavernous angioma. Authorizes grants and cooperative agreements to public or nonprofit private entities for such activities. Authorizes the Director of NIH to: (1) conduct basic, clinical, and translational research on cavernous angioma; (2) identify and support the development of a clinical and research coordinating center with the potential of coordinating a multi-site clinical drug trial for cavernous angioma; and (3) identify and support the development of clinical and research participation centers with the potential to participate in such a trial. Requires coordinating and participation centers to expand training programs for medical and allied health clinicians and scientists in clinical practice and research relevant to cavernous angioma. Authorizes the Director to provide for the participation of NIH agencies in a consortium (to include at least one patient advocacy organization) to facilitate the exchange of information and increase the efficiency and effectiveness of the research effort. Authorizes the Secretary of Health and Human Services (HHS) to award grants and cooperative agreements, including technical assistance, to public or nonprofit private entities for: (1) the collection, analysis, and reporting of data on cavernous angioma; and (2) epidemiological activities, including collecting and analyzing information on the number, incidence, correlates, and symptoms of cases and the clinical utility of specific practice patterns. Requires establishment of a national surveillance program as part of such activities. Requires the Commissioner of Food and Drugs (FDA) to: (1) work with clinical centers, investigators, and advocates to support appropriate investigational new drug applications under the Federal Food, Drug, and Cosmetic Act in order to hasten the pace of clinical trials for cavernous angioma; and (2) where applicable in rare subpopulations of cavernous angioma requiring unique pharmacological intervention, including those with the Common Hispanic Mutation or CCM3 gene mutations, support appropriate requests for designations of orphan drugs.

To amend the Public Health Service Act to expand and intensify programs of the National Institutes of Health and the Centers for Disease Control and Prevention with respect to translational research and related activities concerning cavernous angioma, and for other purposes. 1. Short title This Act may be cited as the Cavernous Angioma Research Resource Act of 2013 2. Findings Congress makes the following findings: (1) Cavernous angioma, also termed cerebral cavernous malformations CCM (2) Cavernous angioma is a devastating blood vessel disease that is characterized by the presence of vascular lesions that develop and grow within the brain and spinal cord. (3) Detection of cavernous angioma lesions is achieved through costly and specialized medical imaging techniques. These techniques are often not readily available where patients live, and require sedation for children and disabled adults. (4) Cavernous angioma is a common type of vascular anomaly, but individuals may not be aware that they have the disease until the onset of serious clinical symptoms. In the genetic forms, they may not be aware that it may be passed on to their children. (5) Individuals diagnosed with cavernous angioma may experience neurological deficits, seizure, stroke, or sudden death. (6) Due to limited research with respect to cavernous angioma, there is no treatment regimen for the disease other than brain and spinal surgery. (7) Some individuals with cavernous angioma are not candidates for brain surgery. No alternative treatment option is available for such individuals. (8) There is a shortage of physicians who are familiar with cavernous angioma and affected individuals may find it difficult to receive timely diagnosis and appropriate care. (9) Due to the presence of a specific disease-causing mutation, termed the common Hispanic mutation (10) Other States with high rates of cavernous angioma due to the common Hispanic Mutation include Texas, Arizona, and Colorado. (11) To address the public health threat posed by cavernous angioma in New Mexico and throughout the United States, there is a need to identify institutions capable of running clinical trial for this debilitating brain disorder. 3. Cavernous angioma research activities Part B of title IV of the Public Health Service Act ( 42 U.S.C. 284 et seq. 409K. Cavernous angioma research activities (a) Expansion, Intensification, and Coordination of Activities The Director of NIH, acting through the director of the National Institute of Neurological Disorders and Stroke, shall expand and intensify programs of the National Institutes of Health or may award grants and cooperative agreements to public or nonprofit private entities (including State health departments, political subdivisions of States, universities, and other educational entities) for research and related activities concerning cavernous angioma. (b) Activities In expanding and intensifying programs under subsection (a), the Director of NIH may carry out the following: (1) Basic, translational, and clinical research Conduct or financially support basic, clinical, and translational research on cavernous angioma, including research on the following: (A) Proteomic, pharmacological, and cell biological analysis of the cerebral cavernous malformations (referred to in this section as the CCM (B) Continued development and expansion of novel animal models for cavernous angioma preclinical research. (C) Early detection, diagnosis, and treatment of cavernous angioma. (D) Biological mechanisms for lesion genesis, development, and maturation. (E) Biological mechanisms for lesion bleeding and symptomology. (F) Novel biomedical and pharmacological interventions designed to prohibit new lesion development, lesion growth, and lesion bleeding. (G) Contributions of genetic variation to clinical presentation as targets for therapy. (H) Identification and development of biomarkers to measure phenotypic variation. (I) Research related to improving the quality of life for individuals with cavernous angioma and their families. (J) Clinical training programs aimed at increasing the number of scientists and clinicians who are trained to treat patients and carry out these research directions. (2) Facilitation of research resources; clinical trial preparedness (A) Coordination Identify and support the development of a clinical and research coordinating center with the potential of coordinating a multi-site clinical drug trial for cavernous angioma. Such coordinating center shall provide a model for additional trial sites, facilitate medical research to develop a cure for cavernous angioma, and enhance the medical care of individuals with cavernous angioma nationwide. Such coordinating center shall— (i) have an institutional infrastructure that is capable of hosting a clinical trial site and facilitating translational projects and collaborations for clinical trials; (ii) have the capacity to maintain programs dedicated to patient education, patient outreach, and awareness, including— (I) launching a national multimedia public awareness campaign; (II) creating and distributing patient education materials for distribution by national physician and surgeon offices; (III) establishing an education program for elementary and secondary school nurses to facilitate early detection and diagnosis of cavernous angioma in areas of high cavernous angioma population density; (IV) coordinating regular patient and family-oriented educational conferences; and (V) developing nationally relevant electronic health teaching and communication tools and a network of professional capacity and patient and family support; (iii) have the capacity to establish and maintain communication with other major cavernous angioma research and care institutions internationally for information sharing and coordination of research activities; (iv) have demonstrated clinical expertise in cavernous angioma management; (v) have a sufficient number of eligible patients for participation with particular focus on unique subpopulations including Common Hispanic Mutation and CCM3 gene mutation carriers; and (vi) have a telehealth infrastructure to support and to provide clinical consultation for remote and underserved communities. (B) Participation Identify and support the development of clinical and research participation centers with the potential to participate in a multi-site clinical drug trial for cavernous angioma. Such participation centers may facilitate medical research to develop a cure for cavernous angioma and enhance the medical care of individuals with cavernous angioma in partnership with the coordinating center under subparagraph (A) and other national and international centers. Such participation centers shall— (i) have an institutional infrastructure capable of hosting a clinical trial site and facilitating translational projects and collaborations for clinical trials; (ii) have the capacity to maintain communication with other major cavernous angioma research and care institutions internationally for information sharing and coordination of research activities; (iii) have demonstrated clinical expertise in cavernous angioma management; and (iv) have a sufficient numbers of eligible patients for participation with particular focus on unique subpopulations including Common Hispanic Mutation and CCM3 gene mutation carriers as these unique populations may provide insight to other genetic and non-genetic forms of the illness. (c) Training program for clinicians and scientists (1) In general Eligible coordinating and participation centers under this section shall establish or expand training programs for medical and allied health clinicians and scientists in clinical practice and research relevant to cavernous angioma. (2) Research resources In carrying out this subsection, the Director of NIH may— (A) use information collected by the National Institutes of Health pursuant to other provisions of law or prior to the date of the enactment of this section; (B) take into consideration the availability of other research resources; (C) encourage the use of research resources for research on, and development of, therapies and treatments for individuals with cavernous angioma; and (D) encourage the inclusion of individuals with cavernous angioma in clinical trials conducted or supported by the National Institutes of Health. (3) Cavernous angioma consortium The Director of NIH may provide for the participation of agencies of the National Institutes of Health in a consortium to facilitate the exchange of information and to make the research effort on cavernous angioma more efficient and effective by ensuring consistent communication, minimizing duplication of effort, and integrating the varied perspectives of partner agencies, organizations, and individuals. Such consortium shall include at least one national cavernous angioma patient advocacy organization and may be the same consortium receiving a grant or contract under subsection (b)(2)(A). . 4. Centers for Disease Control and Prevention cavernous angioma surveillance and research programs Part B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. 317U. Cavernous angioma surveillance and research programs (a) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants and cooperative agreements to public or nonprofit private entities (including State health departments, political subdivisions of States, universities, and other educational entities) for the collection, analysis, and reporting of data on cavernous angioma. In making such awards, the Secretary may provide direct technical assistance, including personnel support, in lieu of cash. (b) National Cavernous Angioma Epidemiology Program (1) Grants The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants to public or nonprofit private entities (including State health departments, political subdivisions of States, universities, and other educational entities) for the purpose of carrying out epidemiological activities regarding cavernous angioma, including collecting and analyzing information on the number, incidence, correlates, and symptoms of cases and the clinical utility (including costs and benefits) of specific practice patterns. In making such awards, the Secretary may provide direct technical assistance, including personnel support, in lieu of cash. (2) National surveillance program In carrying out subsection (a), the Secretary shall— (A) provide for a national surveillance program; and (B) where possible, ensure that the surveillance program is coordinated with the data and sample collection activities of the National Institutes of Health under section 409K. . 5. Food and Drug Administration cavernous angioma clinical trial preparedness and support program (a) Investigational new drug application The Commissioner of Food and Drugs shall work with clinical centers, investigators, and advocates to support appropriate investigational new drug application under section 505(i) of the Federal Food, Drug, and Cosmetic Act in an effort to hasten the pace of clinical trials for cavernous angioma. (b) Orphan product development Where applicable in rare subpopulations of cavernous angioma requiring unique pharmacological intervention, including those with the Common Hispanic Mutation or CCM3 gene mutations, the Commissioner of Food and Drugs shall support appropriate requests for designations of drugs as orphan drugs under section 526 of the Federal Food, Drug, and Cosmetic Act. 6. Report to congress Not later than January 1, 2015, and each January 1 thereafter, the Secretary of Health and Human Services shall prepare and submit to the appropriate committees of the Congress a report concerning the implementation of this Act and the amendments made by this Act.

Cavernous Angioma Research Resource Act of 2013

Civil Justice Tax Fairness Act of 2013 - Amends the Internal Revenue Code to allow: (1) an exclusion from gross income for amounts received (whether by judgment or settlement, as lump sums or periodic payments) on account of a claim of unlawful discrimination; (2) income averaging for backpay and frontpay amounts received from such claims; and (3)&nbsp;an exemption from the&nbsp;alternative minimum tax (AMT) for any tax benefit resulting from the income averaging of amounts received from an unlawful discrimination claim.

To amend the Internal Revenue Code of 1986 to exclude from gross income amounts received on account of claims based on certain unlawful discrimination and to allow income averaging for backpay and frontpay awards received on account of such claims, and for other purposes. 1. Short title This Act may be cited as the Civil Justice Tax Fairness Act of 2013 2. Exclusion from gross income for amounts received on account of certain unlawful discrimination (a) In general Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting before section 140 the following new section: 139E. Amounts received on account of certain unlawful discrimination (a) In general (1) Exclusion Gross income does not include amounts received by a claimant (whether by judgment or settlement and whether as lump sums or periodic payments) on account of a claim of unlawful discrimination. (2) Amounts covered For purposes of paragraph (1), the term amounts (A) backpay or frontpay, as defined in section 1302(b), or (B) punitive damages. (b) Unlawful discrimination defined For purposes of this section, the term unlawful discrimination . (b) Clerical amendment The table of sections for part III of subchapter B of chapter 1 Sec. 139E. Amounts received on account of certain unlawful discrimination. . (c) Effective date The amendments made by this section shall apply to amounts received in taxable years beginning after December 31, 2012. 3. Limitation on tax based on income averaging for backpay and frontpay received on account of certain unlawful employment discrimination (a) In general Part I of subchapter Q of chapter 1 of the Internal Revenue Code of 1986 (relating to income averaging) is amended by adding at the end the following new section: 1302. Income from backpay and frontpay received on account of certain unlawful employment discrimination (a) General rule If employment discrimination backpay or frontpay is received by a taxpayer during a taxable year, the tax imposed by this chapter for such taxable year shall not exceed the sum of— (1) the tax which would be so imposed if— (A) no amount of such backpay or frontpay were included in gross income for such year, and (B) no deduction were allowed for such year for expenses (otherwise allowable as a deduction to the taxpayer for such year) in connection with making or prosecuting any claim of unlawful employment discrimination by or on behalf of the taxpayer, plus (2) the product of— (A) the number of years in the backpay period and frontpay period, and (B) the amount by which the tax determined under paragraph (1) would increase if the amount on which such tax is determined were increased by the average annual net backpay and frontpay amount. (b) Definitions For purposes of this section— (1) Employment discrimination backpay or frontpay The term employment discrimination backpay or frontpay (2) Unlawful employment discrimination The term unlawful employment discrimination unlawful discrimination (3) Backpay and frontpay The terms backpay frontpay (A) which are includible in gross income in the taxable year as compensation which is attributable— (i) in the case of backpay, to services performed, or that would have been performed but for a claimed violation of law, as an employee, former employee, or prospective employee before such taxable year for the taxpayer’s employer, former employer, or prospective employer, and (ii) in the case of frontpay, to employment that would have been performed but for a claimed violation of law, in a taxable year or taxable years following the taxable year, and (B) which are received on account of a judgment or settlement resulting from a claim for a violation of law. (4) Backpay period The term backpay period (5) Frontpay period The term frontpay period (6) Average annual net backpay and frontpay amount The term average annual net backpay and frontpay amount (A) the excess of— (i) employment discrimination backpay and frontpay, over (ii) the amount of deductions that would have been allowable but for subsection (a)(1)(B), divided by (B) the number of years in the backpay period and frontpay period. . (b) Clerical amendment The table of sections for part I of subchapter Q of chapter 1 Sec. 1302. Income from backpay and frontpay received on account of certain unlawful employment discrimination. . (c) Effective date The amendments made by this section shall apply to amounts received in taxable years beginning after December 31, 2012. 4. Income averaging for backpay and frontpay received on account of certain unlawful employment discrimination not to increase alternative minimum tax liability (a) In general Section 55(c) (3) Coordination with income averaging for amounts received on account of employment discrimination Solely for purposes of this section, section 1302 (relating to averaging of income from backpay or frontpay received on account of certain unlawful employment discrimination) shall not apply in computing the regular tax. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2012.

Civil Justice Tax Fairness Act of 2013

Solar Uniting Neighborhoods (SUN) Act of 2013 - Amends the Internal Revenue Code to: (1) expand the definitions of &quot;qualified solar electric property expenditure&quot; and &quot;qualified solar water heating property expenditure&quot; to allow a residential energy efficient property tax credit for solar energy property which is either installed in a taxpayer's residence or is located within 50 miles of such residence; and (2) exclude from gross income, for income tax purposes, gain from the sale or exchange of electricity generated by solar energy property eligible for such tax credit.

To amend the Internal Revenue Code of 1986 to provide that solar energy property need not be located on the property with respect to which it is generating electricity in order to qualify for the residential energy efficient property credit. 1. Short title This Act may be cited as the Solar Uniting Neighborhoods (SUN) Act of 2013 2. Clarification with respect to location of solar electric property (a) In general Paragraph (2) of section 25D(d) (2) Qualified solar electric property expenditure (A) In general The term qualified solar electric property expenditure (i) for use in a dwelling unit located in the United States and used as a residence by the taxpayer, or (ii) which enters the electrical grid at any point which is not more than 50 miles from the point at which such a dwelling unit used as a residence by the taxpayer is connected to such grid, but only if such property is not used in a trade or business of the taxpayer or in an activity with respect to which a deduction is allowed to the taxpayer under section 162 or paragraph (1) or (2) of section 212. (B) Recapture The Secretary may provide for the recapture of the credit under this subsection with respect to any property described in clause (ii) of subparagraph (A) which ceases to satisfy the requirements of such clause. . (b) Limitation with respect to off-Site solar property Subsection (b) of section 25D of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (3) Maximum credit for off-site solar property In the case of any qualified solar electric property expenditure which is such an expenditure by reason of clause (ii) of subsection (d)(2)(A), the credit allowed under subsection (a) (determined without regard to subsection (c)) for any taxable year with respect to all such expenditures shall not exceed $50,000. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 3. Clarification with respect to location of solar water heating property (a) In general Section 25D(d)(1) of the Internal Revenue Code of 1986 is amended— (1) by striking The term (A) In general The term , and (2) by adding at the end the following new subparagraph: (B) Off-site property (i) In general Such term shall include an expenditure for property described in subparagraph (A) notwithstanding— (I) whether such property is located on the same site as the dwelling unit for which the energy generated from such property is used, and (II) whether the energy generated by such property displaces the energy used to heat the water load or space heating load for the dwelling, so long as any such displacement from such property occurs not more than 50 miles from such dwelling unit, but only if such property is not used in a trade or business of the taxpayer or in an activity with respect to which a deduction is allowed to the taxpayer under section 162 or paragraph (1) or (2) of section 212. (ii) Recapture The Secretary may provide for the recapture of the credit under this subsection with respect to any property described in clause (i) which ceases to satisfy the requirements of such clause. . (b) Limitation with respect to off-Site solar property Paragraph (3) of section 25D(b) of the Internal Revenue Code of 1986, as added by section 2, is amended to read as follows: (3) Maximum credit for off-site solar property In the case of— (A) any qualified solar electric property expenditure which is such an expenditure by reason of clause (ii) of subsection (d)(2)(A), and (B) any qualified solar water heating property expenditure which is such an expenditure by reason of subparagraph (B) of subsection (d)(1), the credit allowed under subsection (a) (determined without regard to subsection (c)) for any taxable year with respect to all such expenditures shall not exceed $50,000. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 4. Exclusion of income from qualifying sales (a) In general Part III of subchapter B of chapter 1 is amended by inserting before section 140 the following new section: 139E. Income from qualifying sales of solar electricity For any taxable year, gross income of any person shall not include any gain from the sale or exchange to the electrical grid during such taxable year of electricity which is generated by property with respect to which any qualified solar electric property expenditures are eligible to be taken into account under section 25D, but only to the extent such gain does not exceed the value of the electricity used at such residence during such taxable year. . (b) Clerical amendment The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting before the item relating to section 140 the following new item: Sec. 139E. Income from qualifying sales of solar electricity. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Solar Uniting Neighborhoods (SUN) Act of 2013

Strengthening Employment Clusters to Organize Regional Success Act of 2013 or SECTORS Act of 2013 - Amends the Workforce Investment Act of 1998 to require the Secretary of Labor to award renewable three-year competitive industry or sector partnership grants to eligible entities to develop strategies that: (1) encourage growth and competitiveness through work with employers within a targeted industry cluster; (2) help workers move toward economic self-sufficiency and ensure that they have access to supportive services; (3) address the needs of firms with limited human resources or in-house training capacity, including small- and medium-sized firms; and (4) coordinate with entities that carry out state and local workforce investment, economic development, and education activities.

To promote industry growth and competitiveness and to improve worker training, retention, and advancement, and for other purposes. 1. Short title This Act may be cited as the Strengthening Employment Clusters To Organize Regional Success Act of 2013 SECTORS Act of 2013 2. Industry or sector partnership grant (a) Amendment Subtitle D of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2911 et seq. 171A. Industry or sector partnership grant program (a) Purpose It is the purpose of this section to promote industry or sector partnerships that lead collaborative planning, resource alignment, and training efforts across multiple firms for a range of workers employed or potentially employed by a targeted industry cluster, in order to encourage industry growth and competitiveness and to improve worker training, retention, and advancement in targeted industry clusters, including by developing— (1) immediate strategies for regions and communities to fulfill pressing skilled workforce needs; (2) long-term plans to grow targeted industry clusters with better training and a more productive workforce; (3) core competencies and competitive advantages for regions and communities undergoing structural economic redevelopment; and (4) skill standards, career ladders, job redefinitions, employer practices, and shared training and support capacities that facilitate the advancement of workers at all skill levels. (b) Definitions In this section: (1) Career ladder The term career ladder (2) Economic self-sufficiency The term economic self-sufficiency (A) family size; (B) the number and ages of children in the family; (C) the cost of living in the worker’s community; and (D) other factors that may vary by region. (3) Eligible entity The term eligible entity (A) an industry or sector partnership; or (B) an eligible State agency. (4) Eligible State agency The term eligible State agency (5) High-priority occupation The term high-priority occupation (A) has a significant presence in an industry cluster; (B) is in demand by employers; (C) pays family-sustaining wages that enable workers to achieve economic self-sufficiency, or can reasonably be expected to lead to such wages; (D) has or is in the process of developing a documented career ladder; and (E) has a significant impact on a region’s economic development strategy. (6) Industry cluster The term industry cluster (7) Industry or sector partnership The term industry or sector partnership (A) Required members (i) In general An industry or sector partnership is a workforce collaborative that organizes key stakeholders in a targeted industry cluster into a working group that focuses on the workforce needs of the targeted industry cluster and includes, at the appropriate stage of development of the partnership— (I) representatives of multiple firms or employers in the targeted industry cluster, including small- and medium-sized employers when practicable; (II) 1 or more representatives of State labor organizations, central labor coalitions, or other labor organizations, except in instances where no labor representation exists; (III) 1 or more representatives of local boards; (IV) 1 or more representatives of postsecondary educational institutions or other training providers; and (V) 1 or more representatives of State workforce agencies or other entities providing employment services. (ii) Diverse and distinct representation No individual may serve as a member in an industry or sector partnership, as defined in this paragraph, for more than 1 of the required categories described in subclauses (I) through (V) of clause (i). (B) Authorized members An industry or sector partnership may include representatives of— (i) State or local government; (ii) State or local economic development agencies; (iii) other State or local agencies; (iv) chambers of commerce; (v) nonprofit organizations; (vi) philanthropic organizations; (vii) economic development organizations; (viii) industry associations; and (ix) other organizations, as determined necessary by the members comprising the industry or sector partnership. (8) Industry-recognized The term industry-recognized (A) is sought or accepted by businesses within the industry or sector involved as a recognized, preferred, or required credential for recruitment, screening, or hiring purposes; and (B) is endorsed by a nationally recognized trade association or organization representing a significant part of the industry or sector, where appropriate. (9) Nationally portable The term nationally portable (10) Targeted industry cluster The term targeted industry cluster (A) economic impact in a local or regional area, such as advanced manufacturing, clean energy technology, and health care; (B) immediate workforce development needs, such as advanced manufacturing, clean energy, technology, and health care; and (C) documented career opportunities. (c) Grants authorized (1) In general From amounts appropriated to carry out this section, the Secretary shall award, on a competitive basis, grants described in paragraph (3) to eligible entities to enable the eligible entities to plan and implement, respectively, the eligible entities’ strategic objectives in accordance with subsection (d)(2)(D). (2) Maximum amount (A) Implementation grants An implementation grant awarded under paragraph (3)(A) may not exceed a total of $2,500,000 for a 3-year period. (B) Renewal grants A renewal grant awarded under paragraph (3)(C) may not exceed a total of $1,500,000 for a 3-year period. (3) Implementation and renewal grants (A) In general The Secretary may award an implementation grant under this section to an eligible entity that has established, or is in the process of establishing, an industry or sector partnership. (B) Duration An implementation grant shall be for a duration of not more than 3 years, and may be renewed in accordance with subparagraph (C). (C) Renewal The Secretary may renew an implementation grant for not more than 3 years. A renewal of such grant shall be subject to the requirements of this section, except that the Secretary shall— (i) prioritize renewals to eligible entities that can demonstrate the long-term sustainability of an industry or sector partnership funded under this section; and (ii) require assurances that the eligible entity will leverage, in accordance with subparagraph (D)(ii), each year of the grant period, additional funding sources for the non-Federal share of the grant which shall— (I) be in an amount greater than— (aa) the non-Federal share requirement described in subparagraph (D)(i)(III); and (bb) for the second and third year of the grant period, the non-Federal share amount the eligible entity provided for the preceding year of the grant; and (II) include at least a 50 percent cash match from the State or the industry cluster, or some combination thereof, of the eligible entity. (D) Federal and non-Federal share (i) Federal share Except as provided in subparagraph (C)(ii) and clause (iii), the Federal share of a grant under this section shall be— (I) 90 percent of the costs of the activities described in subsection (f), in the first year of the grant; (II) 80 percent of such costs in the second year of the grant; and (III) 70 percent of such costs in the third year of the grant. (ii) Non-Federal The non-Federal share of a grant under this section may be in cash or in-kind, and may come from State, local, philanthropic, private, or other sources. (iii) Exception The Secretary may require the Federal share of a grant under this section to be 100 percent if an eligible entity receiving such grant is located in a State or local area that is receiving a national emergency grant under section 173. (4) Fiscal agent Each eligible entity receiving a grant under this section that is an industry or sector partnership shall designate an entity in the partnership as the fiscal agent for purposes of this grant. (5) Use of grant funds during grant periods An eligible entity receiving grant funds under a grant under this section shall expend grant funds or obligate grant funds to be expended by the last day of the grant period. (d) Application process (1) Identification of a targeted industry cluster In order to qualify for a grant under this section, an eligible entity shall identify a targeted industry cluster that could benefit from such grant by— (A) working with businesses, industry associations and organizations, labor organizations, State boards, local boards, economic development agencies, and other organizations that the eligible entity determines necessary, to identify an appropriate targeted industry cluster based on criteria that include, at a minimum— (i) data showing the competitiveness of the industry cluster; (ii) the importance of the industry cluster to the economic development of the area served by the eligible entity, including estimation of jobs created or preserved; (iii) the identification of supply and distribution chains within the industry cluster; and (iv) research studies on industry clusters; and (B) working with appropriate employment agencies, workforce investment boards, economic development agencies, community organizations, and other organizations that the eligible entity determines necessary to ensure that the targeted industry cluster identified under subparagraph (A) should be targeted for investment, based primarily on the following criteria: (i) Demonstrated demand for job growth potential. (ii) Employment base. (iii) Wages and benefits. (iv) Demonstrated importance of the targeted industry cluster to the area’s economy. (v) Workforce development needs. (2) Application An eligible entity 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. An application submitted under this paragraph shall contain, at a minimum, the following: (A) A description of the eligible entity, evidence of the eligible entity’s capacity to carry out activities in support of the strategic objectives identified in the application under subparagraph (D), and a description of the expected participation and responsibilities of each of the mandatory partners described in subsection (b)(8)(A). (B) A description of the targeted industry cluster for which the eligible entity intends to carry out activities through a grant under this section, and a description of how such targeted industry cluster was identified in accordance with paragraph (1). (C) A description of the workers that will be targeted or recruited by the partnership, including an analysis of the existing labor market, a description of potential barriers to employment for targeted workers, and a description of strategies that will be employed to help workers overcome such barriers. (D) A description of the strategic objectives that the eligible entity intends to carry out for the targeted industry cluster, which objectives shall include— (i) recruiting key stakeholders in the targeted industry cluster, such as multiple businesses and employers, labor organizations, local boards, and education and training providers, and regularly convening the stakeholders in a collaborative structure that supports the sharing of information, ideas, and challenges common to the targeted industry cluster; (ii) identifying the training needs of multiple businesses, especially skill gaps critical to competitiveness and innovation to the targeted industry cluster; (iii) facilitating economies of scale by aggregating training and education needs of multiple employers; (iv) helping postsecondary educational institutions, training institutions, apprenticeship programs, and all other training programs authorized under this Act, align curricula, entrance requirements, and programs to industry demand and nationally portable, industry-recognized credentials (or, if not available for the targeted industry, other credentials, as determined appropriate by the Secretary), particularly for higher skill, high-priority occupations validated by the industry; (v) ensuring that the State agency carrying out the State program under the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. (vi) informing and collaborating with organizations such as youth councils, business-education partnerships, apprenticeship programs, secondary schools, and postsecondary educational institutions, and with parents and career counselors, for the purpose of addressing the challenges of connecting disadvantaged adults as defined in section 132(b)(1)(B)(v) and disadvantaged youth as defined in section 127(b) to careers; (vii) helping companies identify, and work together to address, common organizational and human resource challenges, such as— (I) recruiting new workers; (II) implementing effective workplace practices; (III) retraining dislocated and incumbent workers; (IV) implementing a high-performance work organization; (V) recruiting and retaining women in nontraditional occupations; (VI) adopting new technologies; and (VII) fostering experiential and contextualized on-the-job learning; (viii) developing and strengthening career ladders within and across companies, in order to enable dislocated, incumbent and entry-level workers to improve skills and advance to higher-wage jobs; (ix) improving job quality through improving wages, benefits, and working conditions; (x) helping partner companies in industry or sector partnerships to attract potential employees from a diverse job seeker base, including individuals with barriers to employment (such as job seekers who are low income, youth, older workers, and individuals who have completed a term of imprisonment), by identifying such barriers through analysis of the existing labor market and implementing strategies to help such workers overcome such barriers; and (xi) strengthening connections among businesses in the targeted industry cluster, leading to cooperation beyond workforce issues that will improve competitiveness and job quality, such as joint purchasing, market research, or centers for technology and innovation. (E) A description of the nationally portable, industry-recognized credentials or, if not available, other credentials, related to the targeted industry cluster that the eligible entity proposes to support, develop, or use as a performance measure, in order to carry out the strategic objectives described in subparagraph (D). (F) A description of the manner in which the eligible entity intends to make sustainable progress toward the strategic objectives. (G) Performance measures for measuring progress toward the strategic objectives. Such performance measures— (i) may consider the benefits provided by the grant activities funded under this section for workers employed in the targeted industry cluster, disaggregated by gender and race, such as— (I) the number of workers receiving nationally portable, industry-recognized credentials (or, if not available for the targeted industry, other credentials) described in the application under subparagraph (E); (II) the number of workers with increased wages, the percentage of workers with increased wages, and the average wage increase; and (III) for dislocated or nonincumbent workers, the number of workers placed in sector-related jobs; and (ii) may consider the benefits provided by the grant activities funded under this section for firms and industries in the targeted industry cluster, such as— (I) the creation or updating of an industry plan to meet current and future workforce demand; (II) the creation or updating of published industry-wide skill standards or career pathways; (III) the creation or updating of nationally portable, industry-recognized credentials, or where there is not such a credential, the creation or updating of a training curriculum that can lead to the development of such a credential; (IV) the number of firms, and the percentage of the local industry, participating in the industry or sector partnership; and (V) the number of firms, and the percentage of the local industry, receiving workers or services through the grant funded under this section. (H) A timeline for achieving progress toward the strategic objectives. (I) In the case of an eligible entity desiring an implementation grant under this section, an assurance that the eligible entity will leverage other funding sources, in addition to the amount required for the non-Federal share under subsection (c)(3)(D), to provide training or supportive services to workers under the grant program. Such additional funding sources may include— (i) funding under this title used for such training and supportive services; (ii) funding under title II; (iii) economic development funding; (iv) employer contributions to training initiatives; or (v) providing employees with employee release time for such training or supportive services. (e) Award basis (1) Geographic distribution The Secretary shall award grants under this section in a manner to ensure geographic diversity. (2) Priorities In awarding grants under this section, the Secretary shall give priority to eligible entities that— (A) work with employers within a targeted industry cluster to retain and expand employment in high wage, high growth areas; (B) focus on helping workers move toward economic self-sufficiency and ensuring the workers have access to adequate supportive services; (C) address the needs of firms with limited human resources or in-house training capacity, including small- and medium-sized firms; and (D) coordinate with entities carrying out State and local workforce investment, economic development, and education activities. (f) Activities (1) In general An eligible entity receiving a grant under this section shall carry out the activities necessary to meet the strategic objectives, including planning activities if applicable, described in the entity’s application in a manner that— (A) integrates services and funding sources in a way that enhances the effectiveness of the activities; and (B) uses grant funds awarded under this section efficiently. (2) Planning activities Planning activities may only be carried out by an eligible entity receiving an implementation grant under this section during the first year of the grant period with not more than $250,000 of the grant funds. (3) Administrative costs An eligible entity may retain a portion of a grant awarded under this section for a fiscal year to carry out the administration of this section in an amount not to exceed 5 percent of the grant amount. (g) Evaluation and progress reports (1) Annual activity report and evaluation Not later than 1 year after receiving a grant under this section, and annually thereafter, an eligible entity shall— (A) report to the Secretary, and to the Governor of the State that the eligible entity serves, on the activities funded pursuant to a grant under this section; and (B) evaluate the progress the eligible entity has made toward the strategic objectives identified in the application under subsection (d)(2)(D), and measure the progress using the performance measures identified in the application under subsection (d)(2)(G). (2) Report to the Secretary An eligible entity receiving a grant under this section shall submit to the Secretary a report containing the results of the evaluation described in subparagraph (B) at such time and in such manner as the Secretary may require. (h) Administration by the Secretary (1) Administrative costs The Secretary may retain not more than 10 percent of the funds appropriated to carry out this section for each fiscal year to administer this section. (2) Technical assistance and oversight The Secretary shall provide technical assistance and oversight to assist the eligible entities in applying for and administering grants awarded under this section. The Secretary shall also provide technical assistance to eligible entities in the form of conferences and through the collection and dissemination of information on best practices. The Secretary may award a grant or contract to 1 or more national or State organizations to provide technical assistance to foster the planning, formation, and implementation of industry cluster partnerships. (3) Performance measures The Secretary shall issue a range of performance measures, with quantifiable benchmarks, and methodologies that eligible entities may use to evaluate the effectiveness of each type of activity in making progress toward the strategic objectives described in subsection (d)(2)(D). Such measures shall consider the benefits of the industry or sector partnership and its activities for workers, firms, industries, and communities. (4) Dissemination of information The Secretary shall— (A) coordinate the annual review of each eligible entity receiving a grant under this section and produce an overview report that, at a minimum, includes— (i) the critical learning of each industry or sector partnership, such as— (I) the training that was most effective; (II) the human resource challenges that were most common; (III) how technology is changing the targeted industry cluster; and (IV) the changes that may impact the targeted industry cluster over the next 5 years; and (ii) a description of what eligible entities serving similar targeted industry clusters consider exemplary practices, such as— (I) how to work effectively with postsecondary educational institutions; (II) the use of internships; (III) coordinating with apprenticeships and cooperative education programs; (IV) how to work effectively with schools providing vocational education; (V) how to work effectively with adult populations, including— (aa) dislocated workers; (bb) women in nontraditional occupations; and (cc) individuals with barriers to employment, such as job seekers who— (AA) are economically disadvantaged; (BB) have limited English proficiency; (CC) require remedial education; (DD) are older workers; (EE) are individuals who have completed a sentence for a criminal offense; and (FF) have other barriers to employment; (VI) employer practices that are most effective; (VII) the types of training that are most effective; (VIII) other areas where industry or sector partnerships can assist each other; and (IX) alignment of curricula to nationally portable, industry-recognized credentials in the sectors where they are available or, if not available for the sector, other credentials, as described in the application under subsection (d)(2)(E); (B) make resource materials, including all reports published and all data collected under this section, available on the Internet; and (C) conduct conferences and seminars to— (i) disseminate information on best practices developed by eligible entities receiving a grant under this section; and (ii) provide information to the communities of eligible entities. (5) Report Not later than 18 months after the date of enactment of the Strengthening Employment Clusters To Organize Regional Success Act of 2013 (A) the eligible entities receiving funding; (B) the activities carried out by the eligible entities; (C) how the eligible entities were selected to receive funding under this section; and (D) an assessment of the results achieved by the grant program including findings from the annual reviews described in paragraph (4)(A). (i) Rule of construction Nothing in this section shall be construed to permit the reporting or sharing of personally identifiable information collected or made available under this section. . (b) Conforming amendment The table of contents in section 1(b) of the Workforce Investment Act of 1998 (20 U.S.C. 9201 note) is amended by inserting after the item relating to section 171 the following: 171A. Industry or sector partnership grant program. .

SECTORS Act of 2013

On-the-Job Training Act of 2013 - Amends the Workforce Investment Act of 1998 to authorize the Secretary of Labor to: (1) make discretionary grants to states, local boards, and federally-recognized tribal organizations for adult on-the-job training or dislocated worker on-the-job training programs; and (2) use up to 10% of funds authorized under this Act to make grants to such entities for developing on-the-job training programs, including providing capacity building activities for local staff.

To authorize a national grant program for on-the-job training. 1. Short title This Act may be cited as the On-the-Job Training Act of 2013 2. On-The-Job Training (a) In general Subtitle D of title I of the Workforce Investment Act of 1998 is amended by inserting after section 173A ( 29 U.S.C. 2918a 173B. On-The-Job Training (a) Definition In this section, the term federally recognized tribal organization (b) Grants From the amount made available under subsection (h), and subject to subsection (d)— (1) the Secretary shall make grants on a discretionary basis to States, local boards, and federally recognized tribal organizations, for adult on-the-job training, or dislocated worker on-the-job training, carried out under section 134 and for State functions described in subsection (f); and (2) using an amount that is not more than 10 percent of the funds made available under subsection (h), the Secretary shall make grants to States, local boards, and federally recognized tribal organizations for developing on-the-job training programs, including providing capacity building activities for local staff who will be engaged in the development of the programs, in consultation with the Secretary. (c) Application To be eligible to receive a grant under subsection (b), a State, local board, or federally recognized tribal organization shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. In preparing such an application for a grant under subsection (b)(1), a local board shall consult with the corresponding State. (d) Reimbursement of wage rates Notwithstanding the limitation in section 101(31)(B), in making the grants described in subsection (b)(1) the Secretary may allow for higher levels of reimbursement of wage rates the Secretary determines are appropriate based on factors such as— (1) employer size, in order to facilitate the participation of small- and medium-sized employers; (2) target populations, in order to enhance job creation for persons with barriers to employment; and (3) the number of employees that will participate in the on-the-job training, the wage and benefit levels of the employees (before the training and anticipated on completion of the training), the relationship of the training to the competitiveness of the employer and employees, and the existence of other employer-provided training and advancement opportunities. (e) Administration by Secretary The Secretary may use an amount that is not more than 1 percent of the funds made available under subsection (h) for the administration, management, and oversight of the programs, activities, and grants, funded under subsection (b), including the evaluation of, and dissemination of information on lessons learned through, the use of such funds. (f) State oversight and monitoring A local board that receives a grant under subsection (b)(1) and is located in a State, shall provide not less than 5 percent of the grant funds to the State for State functions described in sections 136(f), 184, and 185. (g) Rule of construction Nothing in this section shall be construed to affect the manner in which subtitle B is implemented, for activities funded through amounts appropriated under section 137. (h) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2014 and each subsequent fiscal year. . (b) Table of contents The table of contents in section 1(b) of the Workforce Investment Act of 1998 is amended by inserting after the item relating to section 173A the following: Sec. 173B. On-the-job training. .

On-the-Job Training Act of 2013

Medicare Better Health Rewards Program Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to establish a three-year Better Health Rewards Program under which incentives are provided to Medicare beneficiaries who voluntarily agree to participate in the Program. Directs the Secretary to establish standards for measuring better health targets and points for achieving them for participating Medicare beneficiaries, including those for: (1) an annual wellness visit, (2) tobacco cessation, (3) Body Mass Index (BMI), (4) a diabetes screening test, (5) cardiovascular disease screening, (6) cholesterol level screening, and (7) screening tests and specified vaccinations. Requires the Secretary to make specified incentive payments to each participating Medicare beneficiary who achieves at least 20 points during a year. Authorizes Medicare Advantage Plans, "Section 1876" health maintenance organization and competitive medical cost plans, and programs of all-inclusive care for the elderly (PACE) to make incentives to their enrollees to participate in a Better Health Rewards Program. Amends the Internal Revenue Code to exclude from gross income any payment made under: (1) the Medicare Better Health Rewards Program, and (2) any other Better Health Rewards Program.

To establish a program to provide incentive payments to participating Medicare beneficiaries who voluntarily establish and maintain better health. 1. Short title This Act may be cited as the Medicare Better Health Rewards Program Act of 2013 2. Medicare Better Health Rewards Program Part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq. 1849. Medicare Better Health Rewards Program (a) In general The Secretary shall establish a Better Health Rewards Program (in this section referred to as the Program (b) Enrollment A health professional participating in the Program shall provide their patients who are Medicare beneficiaries with a description of and an opportunity to enroll in the Program on a voluntary basis. If a Medicare beneficiary elects to enroll in the Program, the health professional shall inform the Secretary of the individual's enrollment through a process established by the Secretary, which does not impose additional administrative requirements on the participating health professional. (c) Establishment of better health target standards (1) In general (A) Establishment The Secretary shall establish standards for measuring better health targets and points for achieving such standards for participating Medicare beneficiaries, including such standards and points with respect to the following: (i) Annual wellness visit. (ii) Tobacco cessation. (iii) Body Mass Index (BMI). (iv) Diabetes screening test. (v) Cardiovascular disease screening. (vi) Cholesterol level screening. (vii) Screening tests and specified vaccinations. (B) Consultation In establishing stan­dards and points for achieving such standards under this subsection, the Secretary— (i) shall consult with 1 or more nationally recognized health care quality organizations, as determined appropriate by the Secretary; and (ii) may consult with physicians and other professionals experienced with well­ness programs. (C) Points The number of points awarded for a year for achieving standards with respect to each of the targets described in clauses (i) through (vii) of subparagraph (A) shall not exceed 5. Such points may be awarded on a sliding scale, based on standards established under this subsection, as determined appropriate by the Secretary. (2) Modification of better health target standards and assigned points (A) In general The Secretary may modify standards for measuring better health targets and, subject to paragraph (1)(C), points for achieving such standards for participating Medicare beneficiaries under this subsection. (B) Consultation In modifying standards and points for achieving such standards under this paragraph, the Secretary— (i) shall consult with 1 or more nationally recognized health care quality organizations, as determined appropriate by the Secretary; and (ii) may consult with physicians and other professionals experienced with well­ness programs. (d) Conduct of program (1) Duration (A) In general Subject to subparagraph (B), the Program shall be conducted for not less than a 3-year period. (B) Expansion The Secretary shall expand the duration and scope of the Program, to the extent determined appropriate by the Secretary, if— (i) the Secretary determines that such expansion is expected to— (I) reduce spending under this title without reducing the quality of care; or (II) improve the quality of care and reduce spending; (ii) the Chief Actuary of the Centers for Medicare & Medicaid Services certifies that such expansion would reduce program spending under this title; and (iii) the Secretary determines that such expansion would not deny or limit the coverage or provision of benefits under this title for individuals. (2) Collection and use of baseline data During the first year of the Program, a health professional shall establish and report to the Secretary baseline information for each participating Medicare beneficiary who is a patient of the health professional as part of that beneficiary’s first year assessment under paragraph (3)(A). The health professional shall use such data to aid in the determination of whether and to what extent the participating Medicare beneficiary is meeting the target standards under subsection (c) in each of years 2 and 3 of the Program. (3) Required assessments for participating Medicare beneficiaries (A) First year During year 1 of the Program, a health professional shall furnish to each participating Medicare beneficiary that is a patient of the health professional either an annual wellness visit or an initial preventive physical examination. (B) Second and third years During each of years 2 and 3 of the Program, a health professional shall furnish to each participating Medicare beneficiary that is a patient of the health professional an annual wellness visit to determine whether and to what extent the participating Medicare beneficiary has met the target standards under subsection (c). (e) Determination of points and payment of incentives (1) Determination of points During each of years 2 and 3 of the Program, a health professional shall— (A) evaluate and report to the Secretary whether each participating Medicare beneficiary that is a patient of the health professional has achieved the target standards under subsection (c); and (B) determine the total amount of points that each such participating Medicare beneficiary has achieved for the year based on the points assigned for achieving such standards under subsection (c). (2) Incentive payment (A) In general The Secretary shall pay to each participating Medicare beneficiary who achieves at least 20 points under paragraph (1)(B) for the year an incentive payment. Such payment shall be equal to an amount determined appropriate by the Secretary, but no case shall such amount exceed the following: Points Year 2 Payment Year 3 or a Subsequent 20–24 points $100 $200 25 or more points $200 $400. (B) Inflation adjustment The dollar amounts specified in this paragraph shall be increased, beginning with 2017, from year to year based on the percentage increase in the consumer price index for all urban consumers (all items; United States city average), rounded to the nearest $1. (3) Final determination of standards achievement made by participating health professional Under the Program, a participating health professional shall make the final determination as to whether or not a participating Medicare beneficiary has met the target standards under subsection (c) and what screening tests and specified vaccinations, or other services, are necessary for purposes of making such determination. (f) Spending benchmarks (1) In general The Secretary shall collect relevant data, including data on claims paid under this title for services furnished to participating Medicare beneficiaries during the Program, for purposes of determining the aggregate estimated savings achieved under this title for participating Medicare beneficiaries during each of years 2 and 3 of the Program in accordance with paragraph (2) (and for a subsequent year if the Program is expanded under subsection (d)(1)(B)). (2) Determination of aggregate estimated savings (A) In general The amount of the aggregate estimated savings under this title for participating Medicare beneficiaries under paragraph (1), with respect to a year, shall be equal to— (i) the estimated savings determined under subparagraph (B) for the year; minus (ii) the aggregate incentive payments made under the Program during the year. (B) Determination of estimated savings For purposes of subparagraph (A)(i), the estimated savings determined under this subparagraph for a year shall be equal to— (i) the estimated aggregate expenditures under this title (as projected under subparagraph (C)) for the year; minus (ii) the actual aggregate expenditures under this title (as determined by the Secretary and taking into account any reduction in specific health risks of the participating Medicare beneficiaries) for the year. (C) Projection of estimated aggregate claims cost (i) Benchmark base year The Secretary shall establish a benchmark base year amount of expenditures under this title for participating Medicare beneficiaries during year 1 of the Program. (ii) Projection The Secretary shall use the benchmark base year amount established under clause (i) to project the estimated aggregate expenditures for all participating Medicare beneficiaries during each of years 2 and 3 of the Program as if the beneficiaries were not participating in the Program. In making such projection, the Secretary may include adjustments for health status or other specific risk factors and geographic variation for the participating Medicare beneficiaries. (D) Public report of determination and other Program information Not later than 90 days after determining the aggregate estimated savings (if any) under subparagraph (A) with respect to a year, the Secretary shall make available to the public a report containing a description of the amount of the savings determined, including the methodology and any other calculations or determinations involved in the determination of such amount. Such report shall include— (i) a description of any reduction in specific health risks of participating Medicare beneficiaries identified by the Secretary; (ii) a description of— (I) standards for measuring better health targets under subsection (c); and (II) the points available for achieving each such standard under that subsection; and (iii) recommendations for such legislation and administrative action as the Secretary determines appropriate. (3) Monitoring of Program costs During the operation of the Program, the Chief Actuary of the Centers for Medicare & Medicaid Services shall— (A) monitor the Program to determine whether or not the Program is reducing aggregate expenditures under this title; and (B) submit to the Secretary an annual report on the results of such monitoring. (4) Required action if aggregate incentive payments exceed savings If the Secretary, taking into account the reports under paragraph (3)(B), determines that the aggregate expenditures under this title exceed the aggregate expenditures under this title that would have been made if the Program had not been implemented, the Secretary shall provide for changes to the provisions of the program in order to eliminate such excess. (g) Waiver authority The Secretary may waive such requirements of titles XI and XVIII as may be necessary to carry out the purposes of the Program established under this section. (h) Definitions In this section: (1) Annual wellness visit The term annual wellness visit (2) Health professional The term health professional (3) Initial preventive physical examination The term initial preventive physical examination (4) Medicare beneficiary The term Medicare beneficiary (5) Participating Medicare beneficiary The term participating Medicare beneficiary (6) Screening tests The term screening tests (A) Colorectal cancer screening tests (as defined in section 1861(pp)). (B) Screening mammography (as described in section 1861(jj)). (C) Screening pap smear and screening pelvic exam (as defined in section 1861(nn)). (D) Screening for glaucoma (as defined in section 1861(uu)). (E) Bone mass measurement (as defined in section 1861(rr)) for qualified individuals described in paragraph (2)(A) of such section. (F) HIV screening for high-risk groups (as identified by the Secretary). (7) Specified vaccinations The term specified vaccinations . 3. Participation by Medicare Advantage plans Section 1859 of the Social Security Act (42 U.S.C. 1395w–28) is amended by adding at the end the following new subsection: (h) Providing incentives for voluntary participation in a Better Health Rewards Program (1) In general Effective for plan years beginning on or after the date of enactment of the Medicare Better Health Rewards Program Act of 2013 Program (2) Limitation In no case shall the monthly bid amount submitted by a Medicare Advantage organization under section 1834(a)(6) (or the monthly premium charged by the organization under section 1854(b)) with respect to an MA plan offered by the organization take into account any incentive payments made to enrollees under the Program. (3) Implementation The Program under this subsection shall be conducted in a similar manner to the manner in which the program under section 1849 is conducted, in accordance with standards established by the Secretary. (4) Notification and provision of information A Medicare Advantage organization seeking to participate in the Program shall— (A) notify the Secretary of the organization's intent to participate in the Program; and (B) agree to provide to the Secretary— (i) information regarding— (I) which enrollees participate in the Program; (II) the scores of those enrollees with respect to applicable health targets under the Program; and (III) the incentives enrollees receive for meeting such health targets; and (ii) any other information specified by the Secretary for purposes of this subsection. (5) Waiver authority The Secretary may waive such requirements of titles XI and XVIII as may be necessary to carry out the purposes of the Program established under this subsection. . 4. Participation of section 1876 cost plans Section 1876 of the Social Security Act (42 U.S.C. 1395mm) is amended by inserting at the end the following: (l) Providing incentives for voluntary participation in a Better Health Rewards Program (1) In general Effective for contract periods beginning on or after the date of enactment of the Medicare Better Health Rewards Program Act of 2013 Program (2) Limitation In no case shall the payment to an eligible organization under this section (or the premium rate charged by the organization under this section) with respect to members enrolled with the organization take into account any incentive payments made to members under the Program. (3) Implementation The Program under this subsection shall be conducted in a similar manner to the manner in which the program under section 1849 is conducted, in accordance with standards established by the Secretary. (4) Notification and provision of information An eligible organization seeking to participate in the Program shall— (A) notify the Secretary of the organization's intent to participate in the Program; and (B) agree to provide to the Secretary— (i) information regarding— (I) which members participate in the Program; (II) the scores of those members with respect to applicable health targets under the Program; and (III) the incentives members receive for meeting such health targets; and (ii) any other information specified by the Secretary for purposes of this subsection. (5) Waiver authority The Secretary may waive such requirements of titles XI and XVIII as may be necessary to carry out the purposes of the Program established under this subsection. . 5. Participation of programs of all-inclusive care for the elderly (PACE) (a) Medicare Section 1894 of the Social Security Act (42 U.S.C. 1395eee) is amended by inserting at the end the following: (j) Providing incentives for voluntary participation in a Better Health Rewards Program (1) In general Effective for PACE program agreements entered into on or after the date of enactment of the Medicare Better Health Rewards Program Act of 2013 Program (2) Limitation In no case shall the payment to a PACE provider under this section (or any premium charged by the provider under this section) with respect to PACE program eligible individuals enrolled with the PACE provider take into account any incentive payments made to individuals under the Program. (3) Implementation The Program under this subsection shall be conducted in a similar manner to the manner in which the program under section 1849 is conducted, in accordance with standards established by the Secretary. (4) Notification and provision of information A PACE provider seeking to participate in the Program shall— (A) notify the Secretary of the PACE provider's intent to participate in the Program; and (B) agree to provide to the Secretary— (i) information regarding— (I) which PACE program eligible individuals enrolled with the PACE provider participate in the Program; (II) the scores of those individuals with respect to applicable health targets under the Program; and (III) the incentives individuals receive for meeting such health targets; and (ii) any other information specified by the Secretary for purposes of this subsection. (5) Waiver authority The Secretary may waive such requirements of titles XI, XVIII, and XIX as may be necessary to carry out the purposes of the Program established under this subsection. . (b) Medicaid Section 1934 of the Social Security Act ( 42 U.S.C. 1396u–4 (k) Providing incentives for voluntary participation in a Better Health Rewards Program (1) In general Effective for PACE program agreements entered into on or after the date of enactment of the Medicare Better Health Rewards Program Act of 2013 Program (2) Limitation In no case shall the payment to a PACE provider under this section (or any premium charged by the provider under this section) with respect to PACE program eligible individuals enrolled with the PACE provider take into account any incentive payments made to individuals under the Program. (3) Implementation The Program under this subsection shall be conducted in a similar manner to the manner in which the program under section 1849 is conducted, in accordance with standards established by the Secretary. (4) Notification and provision of information A PACE provider seeking to participate in the Program shall— (A) notify the Secretary of the PACE provider's intent to participate in the Program; and (B) agree to provide to the Secretary— (i) information regarding— (I) which PACE program eligible individuals enrolled with the PACE provider participate in the Program; (II) the scores of those individuals with respect to applicable health targets under the Program; and (III) the incentives individuals receive for meeting such health targets; and (ii) any other information specified by the Secretary for purposes of this subsection. (5) Waiver authority The Secretary may waive such requirements of titles XI, XVIII, and XIX as may be necessary to carry out the purposes of the Program established under this subsection. . 6. Exclusion of incentive payments (a) In general Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139D the following new section: 139E. Medicare Better Health Rewards payments Gross income shall not include any payment made under the following programs: (1) The Medicare Better Health Rewards Program established under section 1849 of the Social Security Act. (2) A Better Health Rewards Program established pursuant to section 1859(h), 1876(l), 1894(j), or 1934(k) of the Social Security Act. . (b) Clerical amendment The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139D the following new item: Sec. 139E. Medicare Better Health Rewards payments. .

Medicare Better Health Rewards Program Act of 2013

Empowering States' Rights To Protect Consumers Act of 2013 - Amends the Truth In Lending Act to limit the annual percentage rate (APR) applicable to any consumer credit transaction (other than a residential mortgage transaction), including any associated fees, to the maximum rate permitted by the laws of the state in which the consumer resides.

To amend the Truth in Lending Act to empower the States to set the maximum annual percentage rates applicable to consumer credit transactions, and for other purposes. 1. Short title This Act may be cited as the “ Empowering States' Rights To Protect Consumers Act of 2013 2. Limits on annual percentage rates Chapter 2 of the Truth in Lending Act ( 15 U.S.C. 1631 et seq. 140B. Limits on Annual Percentage Rates Notwithstanding any other provision of law, the annual percentage rate applicable to any consumer credit transaction (other than a residential mortgage transaction), including any fees associated with such a transaction, may not exceed the maximum rate permitted by the laws of the State in which the consumer resides. .

Empowering States' Rights To Protect Consumers Act of 2013

Voter Empowerment Act of 2013 - Voter Registration Modernization Act of 2013 - Amends the National Voter Registration Act of 1993 (NVRA) to require each state to make available official public websites for online voter registration. Authorizes automated voter registration of certain individuals and establishes other initiatives to promote voter registration, such as same day registration and voter registration of individuals under 18 years of age. Amends the federal criminal code to prohibit hindering, interfering with, or preventing voter registration. Amends the Help America Vote Act of 2002 (HAVA) to establish requirements for states to promote access to voter registration and voting for individuals with disabilities, including a single office for providing related information. Directs the Election Assistance Commission (EAC) to make grants to eligible states to conduct pilot programs enabling individuals with disabilities to register to vote and vote privately and independently at their own residences (including by telephone). Amends HAVA to reauthorize the program of grants to state and local governments to assure voting access for individuals with disabilities. Amends the federal criminal code to prohibit state or local election officials from preventing an individual from registering or voting in any federal election (voter caging), or from permitting a formal challenge under state law to an individual's registration status or eligibility to vote, if the basis for such decision is evidence consisting of: (1) a voter caging document or voter caging list, (2) an unverified match list, (3) an error or omission on voter application or registration documents that is not material to an individual's eligibility to vote, or (4) any other evidence so designated by the Commission. Amends the federal criminal code to prohibit a person, including an election official, from knowingly and willfully attempting to or depriving or defrauding the residents of a state of their free and fair exercise of the right to vote by the communication of election-related information that is known by the person to be materially false, fictitious, or fraudulent. Increases the penalty for voter intimidation. Declares that the right of an individual U.S. citizen to vote in any federal election shall not be denied or abridged because that individual has been convicted of a criminal offense unless he or she is serving a felony sentence in a correctional institution at the time of the election. Prescribes enforcement of this right by public or private civil action. Requires each state to notify in writing any individual convicted of a criminal offense under state law, upon release from state custody or upon sentence to probation, that he or she has the right to vote in a federal election and so may register to vote. Voter Confidence and Increased Accessibility Act of 2013 - Amends HAVA to revise requirements for the audit capacity of voting systems, particularly those for a permanent paper record. Requires the voting system to require the use of an individual, durable, voter-verified paper ballot of the voter's vote that shall be marked and made available for inspection by the voter before the voter's vote is cast and counted, and which shall be counted by hand or read by an optical character recognition device or other counting device. Requires the voting system to provide the voter with an opportunity to correct any system-made error in the voter-verified paper ballot before it is permanently preserved. Requires the Director of the National Science Foundation (NSF) to make grants to eligible entities to study, test, and develop accessible ballot voting, verification, and casting mechanisms and devices and best practices to enhance the accessibility of paper ballot voting and verification mechanisms for individuals with disabilities, for voters whose primary language is not English, and for voters with difficulties in literacy. Prescribes requirements for: (1) publication of poll tapes, (2) treatment of ballots cast at early voting sites and of absentee ballots, and (3) the counting of provisional ballots that will be treated as votes. Prescribes laboratory conflict-of-interest requirements and prohibitions. Requires the NSF Director to make grants to eligible entities to conduct research on the development of election-dedicated voting system software. Requires each state, except when the winning candidate had no opponent or received 80% or more of the votes, to administer audits of federal election results, without advance notice to the precincts selected, consisting of random hand counts of the voter-verified paper ballots. Requires the Election Auditor of a state, as soon as practicable after the completion of an audit, to submit the results to EAC for publication. Prohibits certification of the results of any election until completion of audits. Amends HAVA to: (1) add requirements for counting provisional ballots, (2) require each state to allow early voting and facilitate the ability of voters to vote by mail. Amends the Servicemembers Civil Relief Act to extend the guarantee of voting residency to family members of absent military personnel. Amends the Uniformed and Overseas Citizens Absentee Voting Act with respect to pre-election reports on availability and transmission of absentee ballots. Revises the 45-day absentee ballot transmission rule. Permits use of a single absentee ballot application for subsequent elections. Entitles to leave a federal employee who serves as a poll worker. Directs the EAC to: (1) make a grant to each eligible state for poll-worker recruitment and training, and (2) develop materials for a model state poll worker training program. Amends HAVA to make available to any person aggrieved by a violation of uniform and nondiscriminatory election technology and administration requirements the option to file a complaint with the Attorney General or pursue a private right of action to enforce such requirements. Amends the Federal Election Campaign Act of 1971 to make it unlawful for a chief state election administration official, unless he or she or a family member is a candidate, to take an active part in political management or in a political campaign for federal office over which such official has supervisory authority. Amends NVRA to treat universities as voter registration agencies. Amends HAVA to establish minimum notification requirements on behalf of voters affected by polling place changes. Directs the Attorney General to: (1) coordinate the establishment of a state-based response system for responding to questions and complaints from individuals voting or seeking to vote, or registering to vote or seeking to, in federal elections; (2) establish and operate a toll-free telephone service to connect directly to such response system; and (3) appoint a Voter Hotline Task Force. Makes requirements of the National Voter Registration Act of 1993 and HAVA applicable to the Commonwealth of the Northern Mariana Islands. Amends HAVA to: (1) reauthorize and extend the EAC, and (2) repeal its exemption from certain government contracting requirements.

To modernize voter registration, promote access to voting for individuals with disabilities, protect the ability of individuals to exercise the right to vote in elections for Federal office, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Voter Empowerment Act of 2013 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Title I—Voter Registration Modernization Sec. 100. Short title. Subtitle A—Promoting Internet Registration Sec. 101. Requiring availability of Internet for voter registration. Sec. 102. Use of Internet to update registration information. Sec. 103. Provision of election information by electronic mail to individuals registered to vote. Sec. 104. Clarification of requirement regarding necessary information to show eligibility to vote. Sec. 105. Effective date. Subtitle B—Automated Registration of Certain Individuals Sec. 111. Automated voter registration. Sec. 112. List maintenance, privacy, and security. Sec. 113. Promoting accuracy of Statewide voter registration lists. Sec. 114. Definitions. Sec. 115. Effective date. Subtitle C—Other initiatives To promote voter registration Sec. 121. Same day registration. Sec. 122. Acceptance of voter registration applications from individuals under 18 years of age. Sec. 123. Annual reports on voter registration statistics. Subtitle D—Availability of HAVA Requirements Payments Sec. 131. Availability of requirements payments under HAVA to cover costs of compliance with new requirements. Subtitle E—Prohibiting Interference With Voter Registration Sec. 141. Prohibiting hindering, interfering with, or preventing voter registration. Sec. 142. Establishment of best practices. Title II—Access to Voting for Individuals With Disabilities Sec. 201. Requirements for States to promote access to voter registration and voting for individuals with disabilities. Sec. 202. Pilot programs for enabling individuals with disabilities to register to vote and vote privately and independently at residences. Sec. 203. Expansion and reauthorization of grant program to assure voting access for individuals with disabilities. Title III—Prohibiting Voter Caging Sec. 301. Voter caging and other questionable challenges prohibited. Sec. 302. Development and adoption of best practices for preventing voter caging. Sec. 303. Severability. Title IV—Prohibiting Deceptive Practices Sec. 401. Prohibition on deceptive practices in Federal elections. Sec. 402. Modification of penalty for voter intimidation. Sec. 403. Sentencing guidelines. Sec. 404. Reporting violations; corrective action. Title V—Democracy Restoration Sec. 501. Rights of citizens. Sec. 502. Enforcement. Sec. 503. Notification of restoration of voting rights. Sec. 504. Definitions. Sec. 505. Relation to other laws. Sec. 506. Federal prison funds. Sec. 507. Effective date. Title VI—Accuracy, Integrity, and Security of Elections Sec. 600. Short title. Subtitle A—Promoting accuracy, integrity, and security through voter-Verified permanent paper ballot Sec. 601. Paper ballot and manual counting requirements. Sec. 602. Accessibility and ballot verification for individuals with disabilities. Sec. 603. Additional voting system requirements. Sec. 604. Availability of additional funding to enable States to meet costs of revised requirements. Sec. 605. Effective date for new requirements. Subtitle B—Requirement for mandatory manual audits by hand count Sec. 611. Mandatory manual audits. Sec. 612. Availability of enforcement under Help America Vote Act of 2002. Sec. 613. Guidance on best practices for alternative audit mechanisms. Sec. 614. Clerical amendment. Title VII—Provisional Ballots Sec. 701. Requirements for counting provisional ballots; establishment of uniform and nondiscriminatory standards. Title VIII—Early Voting and Voting by Mail Sec. 801. Early voting and voting by mail. Title IX—Absent Uniformed Services Voters and Overseas Voters Sec. 901. Extending guarantee of residency for voting purposes to family members of absent military personnel. Sec. 902. Pre-election reports on availability and transmission of absentee ballots. Sec. 903. Enforcement. Sec. 904. Revisions to 45-day absentee ballot transmission rule. Sec. 905. Use of single absentee ballot application for subsequent elections. Sec. 906. Effective date. Title X—Poll Worker Recruitment and Training Sec. 1001. Leave to serve as a poll worker for Federal employees. Sec. 1002. Grants to States for poll worker recruitment and training. Sec. 1003. Model poll worker training program. Sec. 1004. State defined. Title XI—Enhancement of Enforcement Sec. 1101. Enhancement of enforcement of Help America Vote Act of 2002. Title XII—Federal Election Integrity Sec. 1201. Prohibition on campaign activities by chief State election administration officials. Title XIII—Other Election Administration Improvements Sec. 1301. Treatment of universities as voter registration agencies. Sec. 1302. Minimum notification requirements for voters affected by polling place changes. Sec. 1303. Voter information response systems and hotline. Sec. 1304. Reauthorization of election assistance commission. Sec. 1305. Application of laws to Commonwealth of Northern Mariana Islands. Sec. 1306. Repeal of exemption of Election Assistance Commission from certain government contracting requirements. Sec. 1307. No effect on other laws. I Voter Registration Modernization 100. Short title This title may be cited as the Voter Registration Modernization Act of 2013 A Promoting Internet Registration 101. Requiring availability of Internet for voter registration (a) Requiring Availability of Internet for Registration The National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg et seq. 6A. Internet Registration (a) Requiring Availability of Internet for Online Registration (1) Availability of online registration Each State, acting through the chief State election official, shall ensure that the following services are available to the public at any time on the official public websites of the appropriate State and local election officials in the State, in the same manner and subject to the same terms and conditions as the services provided by voter registration agencies under section 7(a): (A) Online application for voter registration. (B) Online assistance to applicants in applying to register to vote. (C) Online completion and submission by applicants of the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2), including assistance with providing a signature in electronic form as required under subsection (c). (D) Online receipt of completed voter registration applications. (b) Acceptance of completed applications A State shall accept an online voter registration application provided by an individual under this section, and ensure that the individual is registered to vote in the State, if— (1) the individual meets the same voter registration requirements applicable to individuals who register to vote by mail in accordance with section 6(a)(1) using the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2); and (2) the individual provides a signature in electronic form in accordance with subsection (c) (but only in the case of applications submitted during or after the second year in which this section is in effect in the State). (c) Signatures in electronic form For purposes of this section, an individual provides a signature in electronic form by— (1) executing a computerized mark in the signature field on an online voter registration application; or (2) submitting with the application an electronic copy of the individual’s handwritten signature through electronic means. (d) Confirmation and disposition (1) Confirmation of receipt Upon the online submission of a completed voter registration application by an individual under this section, the appropriate State or local election official shall send the individual a notice confirming the State’s receipt of the application and providing instructions on how the individual may check the status of the application. (2) Notice of disposition As soon as the appropriate State or local election official has approved or rejected an application submitted by an individual under this section, the official shall send the individual a notice of the disposition of the application. (3) Method of notification The appropriate State or local election official shall send the notices required under this subsection by regular mail, and, in the case of an individual who has requested that the State provide voter registration and voting information through electronic mail, by both electronic mail and regular mail. (e) Provision of Services in Nonpartisan Manner The services made available under subsection (a) shall be provided in a manner that ensures that, consistent with section 7(a)(5)— (1) the online application does not seek to influence an applicant’s political preference or party registration; and (2) there is no display on the website promoting any political preference or party allegiance, except that nothing in this paragraph may be construed to prohibit an applicant from registering to vote as a member of a political party. (f) Protection of Security of Information In meeting the requirements of this section, the State shall establish appropriate technological security measures to prevent to the greatest extent practicable any unauthorized access to information provided by individuals using the services made available under subsection (a). (g) Use of Additional Telephone-Based System A State shall make the services made available online under subsection (a) available through the use of an automated telephone-based system, subject to the same terms and conditions applicable under this section to the services made available online, in addition to making the services available online in accordance with the requirements of this section. (h) Nondiscrimination among registered voters using mail and online registration In carrying out this Act, the Help America Vote Act of 2002, or any other Federal, State, or local law governing the treatment of registered voters in the State or the administration of elections for public office in the State, a State shall treat a registered voter who registered to vote online in accordance with this section in the same manner as the State treats a registered voter who registered to vote by mail. . (b) Special requirements for individuals using online registration (1) Treatment as individuals registering to vote by mail for purposes of first-time voter identification requirements Section 303(b)(1)(A) of the Help America Vote Act of 2002 ( 42 U.S.C. 15483(b)(1)(A) by mail by mail or online under section 6A of the National Voter Registration Act of 1993 (2) Requiring signature for first-time voters in jurisdiction Section 303(b) of such Act ( 42 U.S.C. 15483(b) (A) by redesignating paragraph (5) as paragraph (6); and (B) by inserting after paragraph (4) the following new paragraph: (5) Signature requirements for first-time voters using online registration (A) In general A State shall, in a uniform and nondiscriminatory manner, require an individual to meet the requirements of subparagraph (B) if— (i) the individual registered to vote in the State online under section 6A of the National Voter Registration Act of 1993; and (ii) the individual has not previously voted in an election for Federal office in the State. (B) Requirements An individual meets the requirements of this subparagraph if— (i) in the case of an individual who votes in person, the individual provides the appropriate State or local election official with a handwritten signature; or (ii) in the case of an individual who votes by mail, the individual submits with the ballot a handwritten signature. (C) Inapplicability Subparagraph (A) does not apply in the case of an individual who is— (i) entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–1 et seq. (ii) provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee–1(b)(2)(B)(ii)); or (iii) entitled to vote otherwise than in person under any other Federal law. . (3) Conforming amendment relating to effective date Section 303(d)(2)(A) of such Act ( 42 U.S.C. 15483(d)(2)(A) Each State Except as provided in subsection (b)(5), each State (c) Conforming Amendments (1) Timing of registration Section 8(a)(1) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–6(a)(1) (A) by striking and (B) by redesignating subparagraph (D) as subparagraph (E); and (C) by inserting after subparagraph (C) the following new subparagraph: (D) in the case of online registration through the official public website of an election official under section 6A, if the valid voter registration application is submitted online not later than the lesser of 30 days, or the period provided by State law, before the date of the election (as determined by treating the date on which the application is sent electronically as the date on which it is submitted); and . (2) Informing applicants of eligibility requirements and penalties Section 8(a)(5) of such Act ( 42 U.S.C. 1973gg–6(a)(5) and 7 6A, and 7 102. Use of Internet to update registration information (a) In General (1) Updates to information contained on computerized statewide voter registration list Section 303(a) of the Help America Vote Act of 2002 (42 U.S.C. 15483(a)) is amended by adding at the end the following new paragraph: (6) Use of Internet by registered voters to update information (A) In general The appropriate State or local election official shall ensure that any registered voter on the computerized list may at any time update the voter’s registration information, including the voter’s address and electronic mail address, online through the official public website of the election official responsible for the maintenance of the list, so long as the voter attests to the contents of the update by providing a signature in electronic form in the same manner required under section 6A(c) of the National Voter Registration Act of 1993. (B) Processing of updated information by election officials If a registered voter updates registration information under subparagraph (A), the appropriate State or local election official shall— (i) revise any information on the computerized list to reflect the update made by the voter; and (ii) if the updated registration information affects the voter’s eligibility to vote in an election for Federal office, ensure that the information is processed with respect to the election if the voter updates the information not later than the lesser of 7 days, or the period provided by State law, before the date of the election. (C) Confirmation and disposition (i) Confirmation of receipt Upon the online submission of updated registration information by an individual under this paragraph, the appropriate State or local election official shall send the individual a notice confirming the State’s receipt of the updated information and providing instructions on how the individual may check the status of the update. (ii) Notice of disposition As soon as the appropriate State or local election official has accepted or rejected updated information submitted by an individual under this paragraph, the official shall send the individual a notice of the disposition of the update. (iii) Method of notification The appropriate State or local election official shall send the notices required under this subparagraph by regular mail, and, in the case of an individual who has requested that the State provide voter registration and voting information through electronic mail, by both electronic mail and regular mail. . (2) Conforming amendment relating to effective date Section 303(d)(1)(A) of such Act ( 42 U.S.C. 15483(d)(1)(A) subparagraph (B) subparagraph (B) and subsection (a)(6) (b) Ability of registrant To use online update To provide information on residence Section 8(d)(2)(A) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–6(d)(2)(A) (1) in the first sentence, by inserting after return the card or update the registrant’s information on the computerized Statewide voter registration list using the online method provided under section 303(a)(6) of the Help America Vote Act of 2002 (2) in the second sentence, by striking returned, returned or if the registrant does not update the registrant’s information on the computerized Statewide voter registration list using such online method, 103. Provision of election information by electronic mail to individuals registered to vote (a) Including Option on Voter Registration Application To Provide E-Mail Address and Receive Information (1) In general Section 9(b) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–7(b) (A) by striking and (B) by striking the period at the end of paragraph (4) and inserting ; and (C) by adding at the end the following new paragraph: (5) shall include a space for the applicant to provide (at the applicant’s option) an electronic mail address, together with a statement that, if the applicant so requests, instead of using regular mail the appropriate State and local election officials shall provide to the applicant, through electronic mail sent to that address, the same voting information (as defined in section 302(b)(2) of the Help America Vote Act of 2002) which the officials would provide to the applicant through regular mail. . (2) Prohibiting use for purposes unrelated to official duties of election officials Section 9 of such Act ( 42 U.S.C. 1973gg–7 (c) Prohibiting use of electronic mail addresses for other than official purposes The chief State election official shall ensure that any electronic mail address provided by an applicant under subsection (b)(5) is used only for purposes of carrying out official duties of election officials and is not transmitted by any State or local election official (or any agent of such an official, including a contractor) to any person who does not require the address to carry out such official duties and who is not under the direct supervision and control of a State or local election official. . (b) Requiring Provision of Information by Election Officials Section 302(b) of the Help America Vote Act of 2002 ( 42 U.S.C. 15482(b) (3) Provision of other information by electronic mail If an individual who is a registered voter has provided the State or local election official with an electronic mail address for the purpose of receiving voting information (as described in section 9(b)(5) of the National Voter Registration Act of 1993), the appropriate State or local election official, through electronic mail transmitted not later than 7 days before the date of the election involved, shall provide the individual with information on how to obtain the following information by electronic means: (A) The name and address of the polling place at which the individual is assigned to vote in the election. (B) The hours of operation for the polling place. (C) A description of any identification or other information the individual may be required to present at the polling place. . 104. Clarification of requirement regarding necessary information to show eligibility to vote Section 8 of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–6 (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following new subsection: (j) Requirement for State To Register Applicants Providing Necessary Information To Show Eligibility To Vote For purposes meeting the requirement of subsection (a)(1) that an eligible applicant is registered to vote in an election for Federal office within the deadlines required under such subsection, the State shall consider an applicant to have provided a valid voter registration form (1) the applicant has accurately completed the application form and attested to the statement required by section 9(b)(2); and (2) in the case of an applicant who registers to vote online in accordance with section 6A, the applicant provides a signature in accordance with subsection (c) of such section. . 105. Effective date (a) In General Except as provided in subsection (b), the amendments made by this subtitle (other than the amendments made by section 104) shall take effect January 1, 2014. (b) Waiver Subject to the approval of the Election Assistance Commission, if a State certifies to the Election Assistance Commission that the State will not meet the deadline referred to in subsection (a) because of extraordinary circumstances and includes in the certification the reasons for the failure to meet the deadline, subsection (a) shall apply to the State as if the reference in such subsection to January 1, 2014 January 1, 2016 B Automated Registration of Certain Individuals 111. Automated voter registration (a) Collection of information by source agencies (1) Duties of source agencies Each source agency in a State (as defined in subsection (e)) shall, with each application for services or assistance by an individual, and with each recertification, renewal, or change of address relating to such services or assistance— (A) notify each such individual of the substantive qualifications of an elector in the State, using language approved by the State’s chief election official; (B) notify each such individual that there is an opportunity to be registered to vote or update voter registration, but that voter registration is voluntary, and that neither registering nor declining to register to vote will in any way affect the availability of services or benefits, nor be used for other purposes; (C) require that each such individual indicate, after considering the substantive qualification of an elector in the State, whether or not the person wishes to be registered; (D) ensure that each such individual’s transaction with the agency cannot be completed until the individual has indicated whether he or she wishes to register to vote; and (E) for each such individual who consents to using the individual’s records with the source agency to enable the individual to register to vote under this section, collect a signed affirmation of eligibility to register to vote in the State. (2) No effect on right to decline voter registration Nothing in this subtitle shall be construed to interfere with the right of any person to decline to be registered to vote for any reason. (b) Transfer of information on individuals consenting to voter registration (1) Transfer For each individual who notifies the source agency that the individual consents to voter registration under this section, the source agency shall transfer to the chief State election official of the State the following data, to the extent the data is available to the source agency: (A) The given name or names and surname or surnames. (B) Date of birth. (C) Residential address. (D) Mailing address. (E) Signature, in electronic form. (F) Date of the last change to the information. (G) The motor vehicle driver’s license number. (H) The last four digits of the Social Security number. (2) Timing of transfer The source agency shall transfer the data described in paragraph (1) to the chief State election official on a daily basis. (3) Format The data transferred under paragraph (1) shall be transferred in a format compatible with the Statewide computerized voter registration list under section 303 of the Help America Vote Act of 2002. (4) Prohibiting storage of information Any information collected by the source agency under this section with respect to an individual who consents to register to vote under this section may not be stored by the source agency in any form after the information is transferred to the chief State election official under paragraph (1). (c) Registration of Individuals by Chief State Election Official (1) Comparison with Statewide voter registration list Upon receiving information from a source agency with respect to an individual under subsection (b), the chief State election official shall determine whether the individual is included in the computerized Statewide voter registration list established and maintained under section 303 of the Help America Vote Act of 2002 ( 42 U.S.C. 15483 (2) Registration of individuals not on Statewide list If an individual for whom information is received from a source agency under subsection (b) is eligible to vote in elections for Federal office in the State and is not on the computerized Statewide voter registration list, the chief State election official shall— (A) ensure that the individual is registered to vote in such elections not later than 5 days after receiving the information, without regard to whether or not the information provided by the source agency includes the individual’s signature; (B) update the Statewide computerized voter registration list to include the individual; and (C) notify the individual that the individual is registered to vote in elections for Federal office in the State. (3) Treatment of information incorrectly provided If a source agency provides the chief State election official with information with respect to an individual who did not consent to be registered to vote under this section, the chief State election official shall not take any action to register the individual to vote, except that no such individual who is already included on the computerized Statewide voter registration list shall be removed from the list solely because the information was incorrectly provided under subsection (b). (4) No effect on other means of registration Nothing in this section affects a State’s obligation to register voters upon receipt of a valid voter registration application through means provided by National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg et seq. (5) Individuals in existing records No later than January 2015, each individual who is listed in a source agency’s records and for whom there exists reason to believe the individual is a citizen and not otherwise ineligible to vote shall be mailed a postage pre-paid return postcard including a box for the individual to check, together with the statement (in close proximity to the box and in prominent type), By checking this box, I affirm that I am a citizen of the United States, am eligible to vote in this State, and will be at least eighteen years old by the next general election. I understand that by checking this box, I will be registered to vote if I am eligible to vote in the State. (d) Options for State To require special treatment of individuals registered automatically (1) Treatment as individuals registering to vote by mail for purposes of first-time voter identification requirements Section 303(b)(1)(A) of the Help America Vote Act of 2002 ( 42 U.S.C. 15483(b)(1)(A) of 1993 of 1993 or (at the option of the State) was registered automatically under section 111 of the Voter Registration Modernization Act of 2013 (2) Requiring signature Section 303(b) of such Act ( 42 U.S.C. 15483(b) (A) by redesignating paragraph (6) as paragraph (7); and (B) by inserting after paragraph (5) the following new paragraph: (5) Option for State to require signature requirements for first-time voters registered automatically (A) In general A State may, in a uniform and nondiscriminatory manner, require an individual to meet the requirements of subparagraph (B) if— (i) the individual was registered to vote in the State automatically under section 111 of the Voter Registration Modernization Act of 2013; and (ii) the individual has not previously voted in an election for Federal office in the State. (B) Requirements An individual meets the requirements of this subparagraph if— (i) in the case of an individual who votes in person, the individual provides the appropriate State or local election official with a handwritten signature; or (ii) in the case of an individual who votes by mail, the individual submits with the ballot a handwritten signature. (C) Inapplicability Subparagraph (A) does not apply in the case of an individual who is— (i) entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–1 et seq. (ii) provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee–1(b)(2)(B)(ii)); or (iii) entitled to vote otherwise than in person under any other Federal law. . (3) Conforming amendment relating to effective date Section 303(d)(2)(A) of such Act ( 42 U.S.C. 15483(d)(2)(A) subsection (b)(5) subsections (b)(5) and (b)(6) (e) Source agencies described (1) In general With respect to any State, a source agency (A) each State office which is described in paragraph (2); and (B) each Federal office which is described in paragraph (3) which is located in the State, except that such office shall be a source agency only with respect to individuals who are residents of the State in which the office is located. (2) State offices described (A) In general The State offices described in this paragraph are as follows: (i) The State motor vehicle authority. (ii) Each office in the State which is designated as a voter registration agency in a State pursuant to section 7(a) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg–5(a)). (iii) Each State agency that administers a program providing assistance pursuant to pursuant to title III of the Social Security Act ( 42 U.S.C. 501 et seq. (iv) Each State agency primarily responsible for maintaining identifying information for students enrolled at public secondary schools in the State, including, where applicable, the State agency responsible for maintaining the education data system described in section 6401(e)(2) of the America COMPETES Act (20 U.S.C. 9871(e)(2)). (v) In the case of a State in which an individual disenfranchised by a criminal conviction may become eligible to vote upon completion of criminal sentence or any part thereof, or upon formal restoration of rights, the State agency responsible for administering that sentence, or part thereof, or that restoration of rights. (vi) In the case of a State in which an individual disenfranchised by adjudication of mental incompetence or similar condition becomes eligible to register to vote upon the restoration of competence or similar condition, each State agency responsible for determining when competence or a similar condition is met. (vii) Such other office which may be designated as a source agency by the chief State election official of the State. (B) Criteria for designation of additional source agencies In designating offices of the State as source agencies for purposes of subparagraph (A)(vii), the chief State election official shall give priority on the basis of the following criteria: (i) The extent to which individuals receiving services or assistance from the office are likely to be individuals who are eligible to register to vote in elections for Federal office in the State but who are not registered to vote in such elections. (ii) The accuracy of the office’s records with respect to identifying information (including age, citizenship status, and residency) for individuals receiving services or assistance from the office. (iii) The cost-effectiveness of obtaining such identifying information and transmitting the information to the chief State election official. (iv) The extent to which the designation of the office as a voter registration agency will promote the registration of eligible individuals to vote in elections for Federal office in the State and the accuracy of the State’s Statewide computerized voter registration list under the Help America Vote Act of 2002. (3) Federal offices described The Federal offices described in this paragraph are as follows: (A) Armed Forces recruitment offices. (B) The United States Immigration and Customs Enforcement Bureau, but only with respect to individuals who complete the naturalization process. (C) The Social Security Administration. (D) The Administrative Office of the United States Courts, the Federal Bureau of Prisons, and the United States Probation Service, but only with respect to individuals completing terms of prison, sentences, probation, or parole. (E) The Department of Veterans Affairs, but only with respect to individuals applying for or using health care services or services for homeless individuals. (F) The Defense Manpower Data Center of the Department of Defense. (G) The Indian Health Services of the Department of Health and Human Services. (H) The Center for Medicare and Medicaid Services of the Department of Health and Human Services. (I) Any other Federal office which designated by a State (with the consent of the President) as a source agency with respect to the State. 112. List maintenance, privacy, and security (a) Database management standards (1) Database matching standards The chief State election official of each State shall establish standards governing the comparison of data on the Statewide computerized voter registration list under section 303 of the Help America Vote Act of 2002, the data provided by various source agencies under section 111, and relevant data from other sources, including the specific data elements and data matching rules to be used for purposes of determining— (A) whether a data record from any source agency represents the same individual as a record in another source agency or on the Statewide list; (B) whether a data record from any source agency represents an individual already registered to vote in the State; (C) whether two data records in the Statewide computerized voter registration list represent duplicate records for the same individual; (D) whether a data record supplied by any list maintenance source represents an individual already registered to vote in the State; and (E) which information will be treated as more current and reliable when data records from multiple sources present information for the same individual. (2) Standards for determining ineligibility The chief State election official of a State shall establish uniform and non-discriminatory standards describing the specific conditions under which an individual will be determined for list maintenance purposes to be ineligible to vote in an election for Federal office in the State. (b) Privacy and security standards (1) Privacy and security policy The chief State election official of a State shall publish and enforce a privacy and security policy specifying each class of users who shall have authorized access to the computerized Statewide voter registration list, specifying for each such class the permission and levels of access to be granted, and setting forth other safeguards to protect the privacy and security of the information on the list. Such policy shall include security safeguards to protect personal information in the data transfer process under section 111, the online or telephone interface, the maintenance of the voter registration database, and audit procedure to track individual access to the system. (2) No unauthorized access The chief election official of a State shall establish policies and enforcement procedures to prevent unauthorized access to or use of the computerized Statewide voter registration list, any list or other information provided by a source agency under section 111, or any maintenance source for the list. Nothing in this paragraph shall be construed to prohibit access to information required for official purposes for purposes of voter registration, election administration, and the enforcement of election laws. (3) Inter-agency transfers (A) In general The chief election official of a State shall establish policies and enforcement procedures to maintain security during inter-agency transfers of information required or permitted under this subtitle. Each State agency and third party participating in such inter-agency transfers of information shall facilitate and comply with such policies. Nothing in this subparagraph shall prevent a source agency under section 111 from establishing and enforcing additional security measures to protect the confidentiality and integrity of inter-agency data transfers. No State or local election official shall transfer or facilitate the transfer of information from the computerized Statewide voter registration list to any source agency under section 111. (B) Transmission through secure third parties permitted Nothing in this section shall be construed to prevent a source agency under section 111 from contracting with a third party to assist in the transmission of data to a chief State election official, so long as the data transmission complies with the applicable requirements of this subtitle, including the privacy and security provisions of this section. (4) Records retention The chief State election official of a State shall establish standards and procedures to maintain all election records required for purposes of this subtitle, including for the purpose of determining the eligibility of persons casting provisional ballots under section 302 of the Help America Vote Act of 2002. Records for individuals who have been retained on the computerized Statewide voter registration list under section 301 of such Act but identified as ineligible to vote in an election for Federal office within the State, or removed from the list due to ineligibility, shall be maintained and kept available until at least the date of the second general election for Federal office that occurs after the date that the individual was identified as ineligible. (c) Publication of standards The chief State election official of a State shall publish on the official’s website the standards established under this section, and shall make those standards available in written form upon public request. (d) Protection of source information The identity of the specific source agency through which an individual consented to register to vote under section 111 shall not be disclosed to the public and shall not be retained after the individual is added to the computerized Statewide voter registration list. (e) Confidentiality of information The chief State election official of a State shall establish policies and enforcement procedures to ensure that personal information provided by source agencies or otherwise transmitted under this section is kept confidential and is available only to authorized users. For purposes of these policies and procedures, the term personal information (1) Any portion of an individual’s Social Security number. (2) Any portion of an individual’s motor vehicle driver’s license number or State identification card number. (3) An individual’s signature. (4) An individual’s personal residence and contact information (in the case of individuals with respect to whom such information is required to be maintained as confidential under State law). (5) Sensitive information relating to persons in categories designated confidential by Federal or State law, including victims of domestic violence or stalking, prosecutors and law enforcement personnel, and participants in a witness protection program. (6) An individual’s phone number. (7) An individual’s email address. (8) Any indication of an individual’s status as a citizen or noncitizen of the United States. (9) Such other information as the chief State election official may designate as confidential to the extent reasonably necessary to prevent identity theft or impersonation, except that the chief State election official may not designate as confidential under this subparagraph the name, address, or date of registration of an individual, or, where applicable, the self-identified racial or ethnic category of the individual as applicable under Revisions to OMB Directive Number 15 or successor directives. (f) Protections against liability of individuals on basis of information transferred (1) No individual liability for registration of ineligible individual If an individual who is not eligible to register to vote in elections for Federal office is registered to vote in such elections by a chief State election official under section 111, the individual shall not be subject to any penalty, including the imposition of a fine or term of imprisonment, adverse treatment in any immigration or naturalization proceeding, or the denial of any status under immigration laws, under any law prohibiting an individual who is not eligible to register to vote in elections for Federal office from registering to vote in such elections. Nothing in this paragraph shall be construed to waive the liability of any individual who knowingly provides false information to any person regarding the individual’s eligibility to register to vote or vote in elections for Federal office. (2) Prohibiting use of information by officials No person acting under color of law may use the information received by the chief State election official under section 111 to attempt to determine the citizenship status of any individual for immigration enforcement, criminal law enforcement (other than enforcement of election laws), or any purpose other than voter registration, election administration, or the enforcement of election laws. (g) Prohibition on transfer of information irrelevant to administration of elections No source agency shall transmit any information under section 111 which is irrelevant to the administration of elections. To the extent that an election official receives any information which is accidentally or inadvertently transferred by a source agency under such section, the official shall immediately delete the information from the official’s records. (h) Restriction on use of information No information relating to an individual’s absence from the Statewide voter registration list under section 303 of the Help America Vote Act of 2002 or an individual’s declination to supply information for voter registration purposes to a source agency under section 111 may be disclosed to the public for immigration enforcement, criminal law enforcement other than enforcement of laws against election crimes, or used for any purpose other than voter registration, election administration, or the enforcement of election laws. (i) Nondiscrimination No person acting under color of law may discriminate against any individual on the basis of the individual’s absence from the Statewide voter registration list, the information supplied by the individual for voter registration purpose to a source agency under section 111, or the individual’s declination to supply such information, except as required for purposes of voter registration, election administration, and the enforcement of election laws. (j) Prohibition on the use of voter registration information for commercial or non-Governmental purposes Voter registration information collected under this subtitle shall not be used for commercial purposes including for comparison with any existing commercial list or database. (k) Penalty Whoever knowingly uses information or permits information to be used in violation of this section shall be imprisoned for not more than 1 year, fined under title 18, United States Code, or both. (l) Exclusion from lists of individuals declining registration The chief State election official of a State shall ensure that, with respect to any individual who declines the opportunity to register to vote under section 111, the individual’s information is not included on the computerized Statewide voter registration list under section 303 of the Help America Vote Act of 2002 and is not provided to any third party (except to the extent required under other law). Nothing in this subsection shall be construed to preclude an individual who has previously declined the opportunity to register to vote from subsequently registering to vote. 113. Promoting accuracy of Statewide voter registration lists (a) Deadlines for transmittal of change of address or other identifying information (1) Information received by State motor vehicle authority Section 5(d) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–3(d) (d) Automatic transmittal of change of address or other identifying information Not later than 24 hours after receiving a change of address form or any other information indicating that identifying information with respect to an individual which is included in the records of the State motor vehicle authority has been changed, the State motor vehicle authority shall transmit such form or other information to the chief State election official, unless— (1) the records of the authority include information indicating that the individual is not eligible to register to vote in the State; or (2) the individual states on the form or otherwise indicates that the change of address or other information is not for voter registration purposes. . (2) Information received by other voter registration agencies Section 7 of such Act ( 42 U.S.C. 1973gg–5 (e) Automatic transmittal of change of address or other identifying information Not later than 24 hours after receiving a change of address form or any other information indicating that identifying information with respect to an individual which is included in the records of a voter registration agency designated under this section has been changed, the appropriate official of such agency shall transmit such form or other information to the chief State election official, unless— (1) the records of the agency include information indicating that the individual is not eligible to register to vote in the State; or (2) the individual states on the form or otherwise indicates that the change of address or other information is not for voter registration purposes. . (3) Information received from source agencies Not later than 24 hours after receiving a change of address form or any other information indicating that identifying information with respect to an individual which is included in the records of a source agency designated under section 111 has been changed, the appropriate official of such agency shall transmit such form or other information to the chief State election official, unless— (A) the records of the agency include information indicating that the individual is not eligible to register to vote in the State; or (B) the individual states on the form or otherwise indicates that the change of address or other information is not for voter registration purposes. (b) Revision of Statewide computerized list To reflect revised information Section 303(a) of the Help America Vote Act of 2002 ( 42 U.S.C. 15483(a) (7) Revision of list to reflect information received from other State offices (A) In general If a State motor vehicle authority (pursuant to section 5(d) of the National Voter Registration Act of 1993) a voter registration agency (designated under section 7 of such Act), or a source agency (designated under section 111 of the Voter Registration Modernization Act of 2013) transmits to the chief State election official a change of address form or any other information indicating that identifying information with respect to an individual has been changed, the appropriate State or local election official shall— (i) determine whether the individual appears on the computerized list established under this section; and (ii) if the individual appears on the list, revise the information relating to the individual on the list to reflect the individual’s new address or other changed identifying information. (B) Notification to voters If an election official revises any voter registration information on the computerized list with respect to any voter (including removing the voter from the list), immediately after revising the information, the official shall send the individual a written notice of the revision which includes the following information: (i) The voter’s name, date of birth, and address, as reflected in the revised information on the computerized list. (ii) A statement that the voter’s voter registration information has been updated. (iii) Information on how to correct information on the computerized list. (iv) A statement of the eligibility requirements for registered voters in the State. (v) A statement (in larger font size than the other statements on the notice) that it is illegal for an individual who does not meet the eligibility requirements for registered voters in the State to vote in an election in the State. (vi) A statement that the voter may terminate the voter’s status as a registered voter in the State, or request a change in the voter’s voter registration information, at any time by contacting the appropriate State or local election official, together with contact information for such official (including any website through which the voter may contact the official or obtain information on voter registration in the State). (C) Use of electronic mail If an election official has an electronic mail address for any voter to whom the official is required to send a written notice under this paragraph, the official may meet the requirements of this paragraph by sending the notice to the voter in electronic form at that address, but only if prior to sending the notice, the official sends a test electronic mail to the voter at that address and receives confirmation that the address is current and valid. . (c) Effective date The amendments made by this section shall apply with respect to elections occurring during 2014 or any succeeding year. 114. Definitions (a) Chief State election official In this subtitle, the chief State election official 42 U.S.C. 1973gg–8 (b) State In this subtitle, a State 115. Effective date This subtitle and the amendments made by this subtitle shall apply with respect to the regularly scheduled general election for Federal office held in November 2014 and each succeeding election for Federal office. C Other initiatives To promote voter registration 121. Same day registration (a) In general Title III of the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended— (1) by redesignating sections 304 and 305 as sections 305 and 306; and (2) by inserting after section 303 the following new section: 304. Same day registration (a) In general (1) Registration Notwithstanding section 8(a)(1)(D) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg–6), each State shall permit any eligible individual on the day of a Federal election and on any day when voting, including early voting, is permitted for a Federal election— (A) to register to vote in such election at the polling place using a form that meets the requirements under section 9(b) of the National Voter Registration Act of 1993 (or, if the individual is already registered to vote, to revise any of the individual’s voter registration information); and (B) to cast a vote in such election. (2) Exception The requirements under paragraph (1) shall not apply to a State in which, under a State law in effect continuously on and after the date of the enactment of this section, there is no voter registration requirement for individuals in the State with respect to elections for Federal office. (b) Eligible individual For purposes of this section, the term eligible individual (c) Effective date Each State shall be required to comply with the requirements of subsection (a) for the regularly scheduled general election for Federal office occurring in November 2014 and for any subsequent election for Federal office. . (b) Conforming amendment relating to enforcement Section 401 of such Act ( 42 U.S.C. 15511 sections 301, 302, and 303 subtitle A of title III (c) Clerical amendment The table of contents of such Act is amended— (1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306; and (2) by inserting after the item relating to section 303 the following new item: Sec. 304. Same day registration. . 122. Acceptance of voter registration applications from individuals under 18 years of age (a) Acceptance of applications Section 8 of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–6 (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following new subsection: (k) Acceptance of applications from individuals under 18 years of age (1) In general A State may not refuse to accept or process an individual’s application to register to vote in elections for Federal office on the grounds that the individual is under 18 years of age at the time the individual submits the application, so long as the individual is at least 16 years of age at such time. (2) No effect on State voting age requirements Nothing in paragraph (1) may be construed to require a State to permit an individual who is under 18 years of age at the time of an election for Federal office to vote in the election. . (b) Effective date The amendment made by subsection (a) shall apply with respect to elections occurring on or after January 1, 2014. 123. Annual reports on voter registration statistics (a) Annual report Not later than 90 days after the end of each year, each State shall submit to the Election Assistance Commission and Congress a report containing the following information for the year: (1) The number of individuals who were registered under section 111. (2) The number of voter registration application forms completed by individuals that were transmitted by motor vehicle authorities in the State (pursuant to section 5(d) of the National Voter Registration Act of 1993) and voter registration agencies in the State (as designated under section 7 of such Act) to the chief State election official of the State, broken down by each such authority and agency. (3) The number of such individuals whose voter registration application forms were accepted and who were registered to vote in the State and the number of such individuals whose forms were rejected and who were not registered to vote in the State, broken down by each such authority and agency. (4) The number of change of address forms and other forms of information indicating that an individual’s identifying information has been changed that were transmitted by such motor vehicle authorities and voter registration agencies to the chief State election official of the State, broken down by each such authority and agency and the type of form transmitted. (5) The number of individuals on the Statewide computerized voter registration list (as established and maintained under section 303 of the Help America Vote Act of 2002) whose voter registration information was revised by the chief State election official as a result of the forms transmitted to the official by such motor vehicle authorities and voter registration agencies (as described in paragraph (3)), broken down by each such authority and agency and the type of form transmitted. (6) The number of individuals who requested the chief State election official to revise voter registration information on such list, and the number of individuals whose information was revised as a result of such a request. (b) Confidentiality of information In preparing and submitting a report under this section, the chief State election official shall ensure that no information regarding the identification of any individual is revealed. (c) State defined In this section, a State D Availability of HAVA Requirements Payments 131. Availability of requirements payments under HAVA to cover costs of compliance with new requirements (a) In General Section 251(b) of the Help America Vote Act of 2002 ( 42 U.S.C. 15401(b) (1) in paragraph (1), by striking (2) and (3) (2), (3), and (4) (2) by adding at the end the following new paragraph: (4) Certain voter registration activities A State may use a requirements payment to carry out any of the requirements of the Voter Registration Modernization Act of 2013, including the requirements of the National Voter Registration Act of 1993 which are imposed pursuant to the amendments made to such Act by the Voter Registration Modernization Act of 2013. . (b) Conforming Amendment Section 254(a)(1) of such Act ( 42 U.S.C. 15404(a)(1) section 251(a)(2) section 251(b)(2) (c) Effective Date The amendments made by this section shall apply with respect to fiscal year 2014 and each succeeding fiscal year. E Prohibiting Interference With Voter Registration 141. Prohibiting hindering, interfering with, or preventing voter registration (a) In general Chapter 29 of title 18, United States Code is amended by adding at the end the following new section: 612. Hindering, interfering with, or preventing registering to vote (a) Prohibition It shall be unlawful for any person, whether acting under color of law or otherwise, to corruptly hinder, interfere with, or prevent another person from registering to vote or aiding another person in registering to vote in any election for Federal office. (b) Attempt Any person who attempts to commit any offense described in subsection (a) shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit. (c) Penalty Any person who violates subsection (a) shall be fined under this title, imprisoned not more than 5 years, or both. (d) Election for Federal Office Defined For purposes of this section, the term election for Federal office . (b) Clerical amendment The table of sections for chapter 29 612. Hindering, interfering with, or preventing registering to vote. . (c) Effective Date The amendments made by this section shall apply with respect to elections held on or after the date of the enactment of this Act, except that no person may be found to have violated section 612 142. Establishment of best practices (a) Best practices Not later than 180 days after the date of the enactment of this Act, the Election Assistance Commission shall develop and publish recommendations for best practices for States to use to deter and prevent violations of section 612 42 U.S.C. 1973gg–10 State (b) Inclusion in voter information requirements Section 302(b)(2) of the Help America Vote Act of 2002 ( 42 U.S.C. 15482(b)(2) (1) by striking and (2) by striking the period at the end of subparagraph (F) and inserting ; and (3) by adding at the end the following new subparagraph: (G) information relating to the prohibitions of section 612 42 U.S.C. 1973gg–10 . II Access to Voting for Individuals With Disabilities 201. Requirements for States to promote access to voter registration and voting for individuals with disabilities (a) Requirements Subtitle A of title III of the Help America Vote Act of 2002 ( 42 U.S.C. 15481 et seq. (1) by redesignating sections 305 and 306 as sections 306 and 307; and (2) by inserting after section 304 the following new section: 305. Access to voter registration and voting for individuals with disabilities (a) Treatment of applications and ballots Each State shall— (1) permit individuals with disabilities to use absentee registration procedures and to vote by absentee ballot in elections for Federal office; (2) accept and process, with respect to any election for Federal office, any otherwise valid voter registration application and absentee ballot application from an individual with a disability if the application is received by the appropriate State election official not less than 30 days before the election; (3) in addition to any other method of registering to vote or applying for an absentee ballot in the State, establish procedures— (A) for individuals with disabilities to request by mail and electronically voter registration applications and absentee ballot applications with respect to elections for Federal office in accordance with subsection (c); (B) for States to send by mail and electronically (in accordance with the preferred method of transmission designated by the individual under subparagraph (C)) voter registration applications and absentee ballot applications requested under subparagraph (A) in accordance with subsection (c); and (C) by which such an individual can designate whether the individual prefers that such voter registration application or absentee ballot application be transmitted by mail or electronically; (4) in addition to any other method of transmitting blank absentee ballots in the State, establish procedures for transmitting by mail and electronically blank absentee ballots to individuals with disabilities with respect to elections for Federal office in accordance with subsection (d); (5) transmit a validly requested absentee ballot to an individual with a disability— (A) except as provided in subsection (e), in the case in which the request is received at least 45 days before an election for Federal office, not later than 45 days before the election; and (B) in the case in which the request is received less than 45 days before an election for Federal office— (i) in accordance with State law; and (ii) if practicable and as determined appropriate by the State, in a manner that expedites the transmission of such absentee ballot; and (6) if the State declares or otherwise holds a runoff election for Federal office, establish a written plan that provides absentee ballots are made available to individuals with disabilities in a manner that gives them sufficient time to vote in the runoff election. (b) Designation of single State office To Provide Information on Registration and Absentee Ballot Procedures for All Disabled Voters in State Each State shall designate a single office which shall be responsible for providing information regarding voter registration procedures and absentee ballot procedures to be used by individuals with disabilities with respect to elections for Federal office to all individuals with disabilities who wish to register to vote or vote in any jurisdiction in the State. (c) Designation of Means of Electronic Communication for Individuals with Disabilities To Request and for States To Send Voter Registration Applications and Absentee Ballot Applications, and for Other Purposes Related to Voting Information (1) In general Each State shall, in addition to the designation of a single State office under subsection (b), designate not less than one means of electronic communication— (A) for use by individuals with disabilities who wish to register to vote or vote in any jurisdiction in the State to request voter registration applications and absentee ballot applications under subsection (a)(3); (B) for use by States to send voter registration applications and absentee ballot applications requested under such subsection; and (C) for the purpose of providing related voting, balloting, and election information to individuals with disabilities. (2) Clarification regarding provision of multiple means of electronic communication A State may, in addition to the means of electronic communication so designated, provide multiple means of electronic communication to individuals with disabilities, including a means of electronic communication for the appropriate jurisdiction of the State. (3) Inclusion of designated means of electronic communication with informational and instructional materials that accompany balloting materials Each State shall include a means of electronic communication so designated with all informational and instructional materials that accompany balloting materials sent by the State to individuals with disabilities. (4) Transmission if no preference indicated In the case where an individual with a disability does not designate a preference under subsection (a)(3)(C), the State shall transmit the voter registration application or absentee ballot application by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. (d) Transmission of blank absentee ballots by mail and electronically (1) In general Each State shall establish procedures— (A) to transmit blank absentee ballots by mail and electronically (in accordance with the preferred method of transmission designated by the individual with a disability under subparagraph (B)) to individuals with disabilities for an election for Federal office; and (B) by which the individual with a disability can designate whether the individual prefers that such blank absentee ballot be transmitted by mail or electronically. (2) Transmission if no preference indicated In the case where an individual with a disability does not designate a preference under paragraph (1)(B), the State shall transmit the ballot by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. (e) Hardship Exemption (1) In general If the chief State election official determines that the State is unable to meet the requirement under subsection (a)(5)(A) with respect to an election for Federal office due to an undue hardship described in paragraph (2)(B), the chief State election official shall request that the Attorney General grant a waiver to the State of the application of such subsection. Such request shall include— (A) a recognition that the purpose of such subsection is to individuals with disabilities enough time to vote in an election for Federal office; (B) an explanation of the hardship that indicates why the State is unable to transmit such individuals an absentee ballot in accordance with such subsection; (C) the number of days prior to the election for Federal office that the State requires absentee ballots be transmitted to such individuals; and (D) a comprehensive plan to ensure that such individuals are able to receive absentee ballots which they have requested and submit marked absentee ballots to the appropriate State election official in time to have that ballot counted in the election for Federal office, which includes— (i) the steps the State will undertake to ensure that such individuals have time to receive, mark, and submit their ballots in time to have those ballots counted in the election; (ii) why the plan provides such individuals sufficient time to vote as a substitute for the requirements under such subsection; and (iii) the underlying factual information which explains how the plan provides such sufficient time to vote as a substitute for such requirements. (2) Approval of waiver request The Attorney General shall approve a waiver request under paragraph (1) if the Attorney General determines each of the following requirements are met: (A) The comprehensive plan under subparagraph (D) of such paragraph provides individuals with disabilities sufficient time to receive absentee ballots they have requested and submit marked absentee ballots to the appropriate State election official in time to have that ballot counted in the election for Federal office. (B) One or more of the following issues creates an undue hardship for the State: (i) The State's primary election date prohibits the State from complying with subsection (a)(5)(A). (ii) The State has suffered a delay in generating ballots due to a legal contest. (iii) The State Constitution prohibits the State from complying with such subsection. (3) Timing of waiver (A) In general Except as provided under subparagraph (B), a State that requests a waiver under paragraph (1) shall submit to the Attorney General the written waiver request not later than 90 days before the election for Federal office with respect to which the request is submitted. The Attorney General shall approve or deny the waiver request not later than 65 days before such election. (B) Exception If a State requests a waiver under paragraph (1) as the result of an undue hardship described in paragraph (2)(B)(ii), the State shall submit to the Attorney General the written waiver request as soon as practicable. The Attorney General shall approve or deny the waiver request not later than 5 business days after the date on which the request is received. (4) Application of waiver A waiver approved under paragraph (2) shall only apply with respect to the election for Federal office for which the request was submitted. For each subsequent election for Federal office, the Attorney General shall only approve a waiver if the State has submitted a request under paragraph (1) with respect to such election. (f) Individual with a disability defined In this section, an individual with a disability (g) Effective date This section shall apply with respect to elections for Federal office held on or after January 1, 2014. . (b) Conforming amendment relating to issuance of voluntary guidance by election assistance commission Section 311(b) of such Act ( 42 U.S.C. 15501(b) (1) by striking and (2) by striking the period at the end of paragraph (3) and inserting ; and (3) by adding at the end the following new paragraph: (4) in the case of the recommendations with respect to section 305, January 1, 2014. . (c) Clerical amendment The table of contents of such Act, as amended by section 114(c), is amended— (1) by redesignating the items relating to sections 305 and 306 as relating to sections 306 and 307; and (2) by inserting after the item relating to section 304 the following new item: Sec. 305. Access to voter registration and voting for individuals with disabilities. . 202. Pilot programs for enabling individuals with disabilities to register to vote and vote privately and independently at residences (a) Establishment of pilot programs The Election Assistance Commission (hereafter referred to as the Commission (1) individuals with disabilities may use electronic means (including the Internet and telephones utilizing assistive devices) to register to vote and to request and receive absentee ballots, in a manner which permits such individuals to do so privately and independently at their own residences; and (2) individuals with disabilities may use the telephone to cast ballots electronically from their own residences, but only if the telephone used is not connected to the Internet. (b) Reports (1) In general A State receiving a grant for a year under this section shall submit a report to the Commission on the pilot programs the State carried out with the grant with respect to elections for public office held in the State during the year. (2) Deadline A State shall submit a report under paragraph (1) not later than 90 days after the last election for public office held in the State during the year. (c) Eligibility A State is eligible to receive a grant under this section if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing such information and assurances as the Commission may require. (d) Timing The Commission shall make the first grants under this section for pilot programs which will be in effect with respect to elections for Federal office held in 2014, or, at the option of a State, with respect to other elections for public office held in the State in 2014. (e) Authorization of appropriations There is authorized to be appropriated for grants for pilot programs under this section $30,000,000 for fiscal year 2014 and each succeeding fiscal year. (f) State defined In this section, the term State 203. Expansion and reauthorization of grant program to assure voting access for individuals with disabilities (a) Purposes of payments Section 261(b) of the Help America Vote Act of 2002 ( 42 U.S.C. 15421(b) (1) making absentee voting and voting at home accessible to individuals with the full range of disabilities (including impairments involving vision, hearing, mobility, or dexterity) through the implementation of accessible absentee voting systems that work in conjunction with assistive technologies for which individuals have access at their homes, independent living centers, or other facilities; (2) making polling places, including the path of travel, entrances, exits, and voting areas of each polling facility, accessible to individuals with disabilities, including the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; and (3) providing solutions to problems of access to voting and elections for individuals with disabilities that are universally designed and provide the same opportunities for individuals with and without disabilities. . (b) Reauthorization Section 264(a) of such Act ( 42 U.S.C. 15424(a) (4) For fiscal year 2014 and each succeeding fiscal year, such sums as may be necessary to carry out this part. . (c) Period of availability of funds Section 264 of such Act ( 42 U.S.C. 15424 (1) in subsection (b), by striking Any amounts Except as provided in subsection (b), any amounts (2) by adding at the end the following new subsection: (c) Return and transfer of certain funds (1) Deadline for obligation and expenditure In the case of any amounts appropriated pursuant to the authority of subsection (a) for a payment to a State or unit of local government for fiscal year 2014 or any succeeding fiscal year, any portion of such amounts which have not been obligated or expended by the State or unit of local government prior to the expiration of the 4-year period which begins on the date the State or unit of local government first received the amounts shall be transferred to the Commission. (2) Reallocation of transferred amounts (A) In general The Commission shall use the amounts transferred under paragraph (1) to make payments on a pro rata basis to each covered payment recipient described in subparagraph (B), which may obligate and expend such payment for the purposes described in section 261(b) during the 1-year period which begins on the date of receipt. (B) Covered payment recipients described In subparagraph (A), a covered payment recipient (i) amounts were appropriated pursuant to the authority of subsection (a); and (ii) no amounts were transferred to the Commission under paragraph (1). . III Prohibiting Voter Caging 301. Voter caging and other questionable challenges prohibited (a) In General Chapter 29 613. Voter caging and other questionable challenges (a) Definitions In this section— (1) the term voter caging document (A) a nonforwardable document that is returned to the sender or a third party as undelivered or undeliverable despite an attempt to deliver such document to the address of a registered voter or applicant; or (B) any document with instructions to an addressee that the document be returned to the sender or a third party but is not so returned, despite an attempt to deliver such document to the address of a registered voter or applicant, unless at least two Federal election cycles have passed since the date of the attempted delivery; (2) the term voter caging list (3) the term unverified match list (b) Prohibition Against Voter Caging No State or local election official shall prevent an individual from registering or voting in any election for Federal office, or permit in connection with any election for Federal office a formal challenge under State law to an individual’s registration status or eligibility to vote, if the basis for such decision is evidence consisting of— (1) a voter caging document or voter caging list; (2) an unverified match list; (3) an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material to an individual’s eligibility to vote under section 2004 of the Revised Statutes, as amended (42 U.S.C. 1971(a)(2)(B)); or (4) any other evidence so designated for purposes of this section by the Election Assistance Commission, except that the election official may use such evidence if it is corroborated by independent evidence of the individual’s ineligibility to register or vote. (c) Requirements for Challenges by Persons Other Than Election Officials No person, other than a State or local election official, shall submit a formal challenge to an individual’s eligibility to register to vote in an election for Federal office or to vote in an election for Federal office unless that challenge is supported by personal knowledge regarding the grounds for ineligibility which is— (1) documented in writing; and (2) subject to an oath or attestation under penalty of perjury that the challenger has a good faith factual basis to believe that the individual who is the subject of the challenge is ineligible to register to vote or vote in that election. (d) Penalties for Knowing Misconduct Whoever knowingly challenges the eligibility of one or more individuals to register or vote or knowingly causes the eligibility of such individuals to be challenged in violation of this section with the intent that one or more eligible voters be disqualified, shall be fined under this title or imprisoned not more than 1 year, or both, for each such violation. Each violation shall be a separate offense. (e) No Effect on Related Laws Nothing in this section is intended to override the protections of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg et seq. . (b) Clerical Amendment The table of sections for chapter 29 613. Voter caging and other questionable challenges. . 302. Development and adoption of best practices for preventing voter caging (a) Best practices Not later than 180 days after the date of the enactment of this Act, the Election Assistance Commission shall develop and publish for the use of States recommendations for best practices to deter and prevent violations of section 613 State (b) Inclusion in voting information requirements Section 302(b)(2) of the Help America Vote Act of 2002 ( 42 U.S.C. 15482(b)(2) (1) by striking and (2) by striking the period at the end of subparagraph (G) and inserting ; and (3) by adding at the end the following new subparagraph: (H) information relating to the prohibition against voter caging and other questionable challenges (as set forth in section 613 of title 18, United States Code), including information on how individuals may report allegations of violations of such prohibition. . 303. Severability If any provision of this title or any amendment made by this title, or the application of a provision to any person or circumstance, is held to be unconstitutional, the remainder of this title and the amendments made by this title, and the application of the provisions to any person or circumstance, shall not be affected by the holding. IV Prohibiting Deceptive Practices 401. Prohibition on deceptive practices in Federal elections (a) In General Chapter 29 of title 18, United States Code, as amended by section 141(a) and section 301(a), is amended by adding at the end the following: 614. False election-related information in Federal elections (a) A person, including an election official, who in any election for Federal office knowingly and willfully deprives, defrauds, or attempts to deprive or defraud the residents of a State of their free and fair exercise of the right to vote by the communication of election-related information that is known by the person to be materially false, fictitious, or fraudulent shall be fined under this title or imprisoned not more than 1 year, or both. (b) As used in this section— (1) the term election for Federal office (2) the term election-related information (A) the time or place of an election for Federal office; (B) criminal penalties associated with voting in such an election; (C) an individual’s voter registration status or eligibility to vote in such an election; or (D) the explicit endorsement by any person or organization of a candidate in such an election. . (b) Clerical amendment The table of sections for chapter 29 614. False election-related information in Federal elections. . 402. Modification of penalty for voter intimidation Section 594 one year 5 years 403. Sentencing guidelines (a) Review and amendment Not later than 90 days after the date of enactment of this Act, the United States Sentencing Commission, pursuant to its authority under section 994 (b) Authorization The United States Sentencing Commission may, for the purposes of the amendments made pursuant to this title, amend the Federal sentencing guidelines in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987 ( 28 U.S.C. 994 404. Reporting violations; corrective action (a) Reporting Any person may submit a report to the Attorney General regarding any violation or possible violation of section 594 or section 614 (b) Corrective action (1) In general Immediately after receiving a report under subsection (a), the Attorney General shall consider and review the report, and if the Attorney General determines that there is a reasonable basis to find that a violation included in the report has occurred, the Attorney General shall— (A) undertake all effective measures necessary to provide correct information to voters affected by the false information; and (B) refer the matter to the appropriate Federal and State authorities for criminal prosecution or civil action after the election involved. (2) Regulations The Attorney General shall promulgate regulations regarding the methods and means of corrective actions to be taken under paragraph (1). Such regulations shall be developed in consultation with the Election Assistance Commission, civil rights organizations, voting rights groups, State and local election officials, voter protection groups, and other interested community organizations. (3) Study and report on methods of disseminating corrective information (A) In general The Attorney General, in consultation with the Federal Communications Commission and the Election Assistance Commission, shall conduct a study on the feasibility of providing the corrective information under paragraph (1) through public service announcements, the emergency alert system, or other forms of public broadcast. (B) Report Not later than 180 days after the date of the enactment of this Act, the Attorney General shall submit to Congress a report detailing the results of the study conducted under subparagraph (A). (4) Publicizing availability of remedies The Attorney General shall make public through the Internet, radio, television, and newspaper advertisements information on the responsibilities, contact information, and complaint procedures applicable under this section. (c) Reports to Congress (1) In general Not later than 90 days after any election with respect to which a report has been submitted under subsection (a), the Attorney General shall submit to Congress a report compiling all such reports submitted under subsection (a) with respect to that election. (2) Contents (A) In general Each report submitted under paragraph (1) shall include— (i) detailed information on specific allegations; (ii) statistical compilations of how many allegations were made and of what type; (iii) the geographic locations of and the populations affected by the alleged violations; (iv) the status of the investigations of such allegations; (v) any corrective actions taken in response to such allegations; (vi) the rationale used for any corrective actions or for any refusal to pursue an allegation; (vii) the effectiveness of any such corrective actions; (viii) whether a Voting Integrity Task Force was established with respect to such election, and, if so, how such task force was staffed and funded; (ix) any referrals of information to other Federal, State, or local agencies; and (x) any criminal prosecution instituted under title 18, United States Code, in connection with such allegations. (3) Report made public On the date that the Attorney General submits the report under paragraph (1), the Attorney General shall also make the report publicly available through the Internet and other appropriate means. (d) Delegation of duties (1) Use of voting integrity task force The Attorney General shall delegate the responsibilities under this section with respect to a particular election to a Voting Integrity Task Force established by the Attorney General for such purpose. (2) Composition A Voting Integrity Task Force established under paragraph (1) shall be under the direction of the Assistant Attorney General for the Civil Rights Division and the Assistant Attorney General for the Criminal Division, acting jointly. V Democracy Restoration 501. Rights of citizens The right of an individual who is a citizen of the United States to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless such individual is serving a felony sentence in a correctional institution or facility at the time of the election. 502. Enforcement (a) Attorney general The Attorney General may, in a civil action, obtain such declaratory or injunctive relief as is necessary to remedy a violation of this title. (b) Private right of action (1) A person who is aggrieved by a violation of this title may provide written notice of the violation to the chief election official of the State involved. (2) Except as provided in paragraph (3), if the violation is not corrected within 90 days after receipt of a notice under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action, obtain declaratory or injunctive relief with respect to the violation. (3) If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State under paragraph (1) before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation. 503. Notification of restoration of voting rights (a) State notification (1) Notification On the date determined under paragraph (2), each State shall notify in writing any individual who has been convicted of a criminal offense under the law of that State that such individual has the right to vote in an election for Federal office pursuant to this title and may register to vote in any such election. (2) Date of notification (A) Felony conviction In the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given on the date on which the individual— (i) is sentenced to serve only a term of probation; or (ii) is released from the custody of that State (other than to the custody of another State or the Federal Government to serve a term of imprisonment for a felony conviction). (B) Misdemeanor conviction In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a State court. (b) Federal notification (1) Notification On the date determined under paragraph (2), the Director of the Bureau of Prisons shall notify in writing any individual who has been convicted of a criminal offense under Federal law that such individual has the right to vote in an election for Federal office pursuant to this title and may register to vote in any such election. (2) Date of notification (A) Felony conviction In the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given on the date on which the individual— (i) is sentenced to serve only a term of probation by a court established by an Act of Congress; or (ii) is released from the custody of the Bureau of Prisons (other than to the custody of a State to serve a term of imprisonment for a felony conviction). (B) Misdemeanor conviction In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a State court. 504. Definitions For purposes of this title: (1) Correctional institution or facility The term correctional institution or facility (2) Election The term election (A) a general, special, primary, or runoff election; (B) a convention or caucus of a political party held to nominate a candidate; (C) a primary election held for the selection of delegates to a national nominating convention of a political party; or (D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President. (3) Federal office The term Federal office (4) Probation The term probation (A) the individual’s freedom of movement; (B) the payment of damages by the individual; (C) periodic reporting by the individual to an officer of the court; or (D) supervision of the individual by an officer of the court. 505. Relation to other laws (a) State laws relating to voting rights Nothing in this title shall be construed to prohibit the States from enacting any State law which affords the right to vote in any election for Federal office on terms less restrictive than those established by this title. (b) Certain Federal Acts The rights and remedies established by this title are in addition to all other rights and remedies provided by law, and neither rights and remedies established by this title shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 ( 42 U.S.C. 1973 et seq. 506. Federal prison funds No State, unit of local government, or other person may receive or use, to construct or otherwise improve a prison, jail, or other place of incarceration, any Federal grant amounts unless that person has in effect a program under which each individual incarcerated in that person’s jurisdiction who is a citizen of the United States is notified, upon release from such incarceration, of that individual’s rights under section 501. 507. Effective date This title shall apply to citizens of the United States voting in any election for Federal office held after the date of the enactment of this Act. VI Accuracy, Integrity, and Security of Elections 600. Short title This title may be cited as the Voter Confidence and Increased Accessibility Act of 2013 A Promoting accuracy, integrity, and security through voter-Verified permanent paper ballot 601. Paper ballot and manual counting requirements (a) In general Section 301(a)(2) of the Help America Vote Act of 2002 ( 42 U.S.C. 15481(a)(2) (2) Paper ballot requirement (A) Voter-verified paper ballots (i) Paper ballot requirement (I) The voting system shall require the use of an individual, durable, voter-verified, paper ballot of the voter’s vote that shall be marked and made available for inspection and verification by the voter before the voter’s vote is cast and counted, and which shall be counted by hand or read by an optical character recognition device or other counting device. For purposes of this subclause, the term individual, durable, voter-verified, paper ballot (II) The voting system shall provide the voter with an opportunity to correct any error on the paper ballot before the permanent voter-verified paper ballot is preserved in accordance with clause (ii). (III) The voting system shall not preserve the voter-verified paper ballots in any manner that makes it possible, at any time after the ballot has been cast, to associate a voter with the record of the voter’s vote without the voter’s consent. (ii) Preservation as official record The individual, durable, voter-verified, paper ballot used in accordance with clause (i) shall constitute the official ballot and shall be preserved and used as the official ballot for purposes of any recount or audit conducted with respect to any election for Federal office in which the voting system is used. (iii) Manual counting requirements for recounts and audits (I) Each paper ballot used pursuant to clause (i) shall be suitable for a manual audit, and shall be counted by hand in any recount or audit conducted with respect to any election for Federal office. (II) In the event of any inconsistencies or irregularities between any electronic vote tallies and the vote tallies determined by counting by hand the individual, durable, voter-verified, paper ballots used pursuant to clause (i), and subject to subparagraph (B), the individual, durable, voter-verified, paper ballots shall be the true and correct record of the votes cast. (iv) Application to all ballots The requirements of this subparagraph shall apply to all ballots cast in elections for Federal office, including ballots cast by absent uniformed services voters and overseas voters under the Uniformed and Overseas Citizens Absentee Voting Act and other absentee voters. (B) Special rule for treatment of disputes when paper ballots have been shown to be compromised (i) In general In the event that— (I) there is any inconsistency between any electronic vote tallies and the vote tallies determined by counting by hand the individual, durable, voter-verified, paper ballots used pursuant to subparagraph (A)(i) with respect to any election for Federal office; and (II) it is demonstrated by clear and convincing evidence (as determined in accordance with the applicable standards in the jurisdiction involved) in any recount, audit, or contest of the result of the election that the paper ballots have been compromised (by damage or mischief or otherwise) and that a sufficient number of the ballots have been so compromised that the result of the election could be changed, the determination of the appropriate remedy with respect to the election shall be made in accordance with applicable State law, except that the electronic tally shall not be used as the exclusive basis for determining the official certified result. (ii) Rule for consideration of ballots associated with each voting machine For purposes of clause (i), only the paper ballots deemed compromised, if any, shall be considered in the calculation of whether or not the result of the election could be changed due to the compromised paper ballots. . (b) Conforming amendment clarifying applicability of alternative language accessibility Section 301(a)(4) of such Act (42 U.S.C. 15481(a)(4)) is amended by inserting (including the paper ballots required to be used under paragraph (2)) voting system (c) Other conforming amendments Section 301(a)(1) of such Act ( 42 U.S.C. 15481(a)(1) (1) in subparagraph (A)(i), by striking counted counted, in accordance with paragraphs (2) and (3) (2) in subparagraph (A)(ii), by striking counted counted, in accordance with paragraphs (2) and (3) (3) in subparagraph (A)(iii), by striking counted counted, in accordance with paragraphs (2) and (3) (4) in subparagraph (B)(ii), by striking counted counted, in accordance with paragraphs (2) and (3) 602. Accessibility and ballot verification for individuals with disabilities (a) In general Section 301(a)(3)(B) of the Help America Vote Act of 2002 ( 42 U.S.C. 15481(a)(3)(B) (B) (i) satisfy the requirement of subparagraph (A) through the use of at least one voting system equipped for individuals with disabilities, including nonvisual and enhanced visual accessibility for the blind and visually impaired, and nonmanual and enhanced manual accessibility for the mobility and dexterity impaired, at each polling place; and (ii) meet the requirements of subparagraph (A) and paragraph (2)(A) by using a system that— (I) allows the voter to privately and independently verify the permanent paper ballot through the presentation, in accessible form, of the printed or marked vote selections from the same printed or marked information that would be used for any vote counting or auditing; and (II) allows the voter to privately and independently verify and cast the permanent paper ballot without requiring the voter to manually handle the paper ballot; and . (b) Specific requirement of study, testing, and development of accessible paper ballot verification mechanisms (1) Study and reporting Subtitle C of title II of such Act (42 U.S.C. 15381 et seq.) is amended— (A) by redesignating section 247 as section 248; and (B) by inserting after section 246 the following new section: 247. Study and report on accessible paper ballot verification mechanisms (a) Study and Report The Director of the National Science Foundation shall make grants to not fewer than 3 eligible entities to study, test, and develop accessible paper ballot voting, verification, and casting mechanisms and devices and best practices to enhance the accessibility of paper ballot voting and verification mechanisms for individuals with disabilities, for voters whose primary language is not English, and for voters with difficulties in literacy, including best practices for the mechanisms themselves and the processes through which the mechanisms are used. (b) Eligibility An entity is eligible to receive a grant under this part if it submits to the Director (at such time and in such form as the Director may require) an application containing— (1) certifications that the entity shall specifically investigate enhanced methods or devices, including non-electronic devices, that will assist such individuals and voters in marking voter-verified paper ballots and presenting or transmitting the information printed or marked on such ballots back to such individuals and voters, and casting such ballots; (2) a certification that the entity shall complete the activities carried out with the grant not later than December 31, 2014; and (3) such other information and certifications as the Director may require. (c) Availability of Technology Any technology developed with the grants made under this section shall be treated as non-proprietary and shall be made available to the public, including to manufacturers of voting systems. (d) Coordination With Grants for Technology Improvements The Director shall carry out this section so that the activities carried out with the grants made under subsection (a) are coordinated with the research conducted under the grant program carried out by the Commission under section 271, to the extent that the Director and Commission determine necessary to provide for the advancement of accessible voting technology. (e) Authorization of Appropriations There is authorized to be appropriated to carry out subsection (a) $5,000,000, to remain available until expended. . (2) Clerical amendment The table of contents of such Act is amended— (A) by redesignating the item relating to section 247 as relating to section 248; and (B) by inserting after the item relating to section 246 the following new item: Sec. 247. Study and report on accessible paper ballot verification mechanisms. . (c) Clarification of accessibility standards under voluntary voting system guidance In adopting any voluntary guidance under subtitle B of title III of the Help America Vote Act with respect to the accessibility of the paper ballot verification requirements for individuals with disabilities, the Election Assistance Commission shall include and apply the same accessibility standards applicable under the voluntary guidance adopted for accessible voting systems under such subtitle. (d) Permitting Use of Funds for Protection and Advocacy Systems To Support Actions To Enforce Election-Related Disability Access Section 292(a) of the Help America Vote Act of 2002 ( 42 U.S.C. 15462(a) ; except that 603. Additional voting system requirements (a) Requirements described Section 301(a) of the Help America Vote Act of 2002 (42 U.S.C. 15481(a)) is amended by adding at the end the following new paragraphs: (7) Prohibiting use of uncertified election-dedicated voting system technologies; disclosure requirements (A) In general A voting system used in an election for Federal office in a State may not at any time during the election contain or use any election-dedicated voting system technology— (i) which has not been certified by the State for use in the election; and (ii) which has not been deposited with an accredited laboratory described in section 231 to be held in escrow and disclosed in accordance with this section. (B) Requirement for disclosure and limitation on restricting disclosure An accredited laboratory under section 231 with whom an election-dedicated voting system technology has been deposited shall— (i) hold the technology in escrow; and (ii) disclose technology and information regarding the technology to another person if— (I) the person is a qualified person described in subparagraph (C) who has entered into a nondisclosure agreement with respect to the technology which meets the requirements of subparagraph (D); or (II) the laboratory is permitted or required to disclose the technology to the person under State law, in accordance with the terms and conditions applicable under such law. (C) Qualified persons described With respect to the disclosure of election-dedicated voting system technology by a laboratory under subparagraph (B)(ii)(I), a qualified person (i) A governmental entity with responsibility for the administration of voting and election-related matters for purposes of reviewing, analyzing, or reporting on the technology. (ii) A party to pre- or post-election litigation challenging the result of an election or the administration or use of the technology used in an election, including but not limited to election contests or challenges to the certification of the technology, or an expert for a party to such litigation, for purposes of reviewing or analyzing the technology to support or oppose the litigation, and all parties to the litigation shall have access to the technology for such purposes. (iii) A person not described in clause (i) or (ii) who reviews, analyzes, or reports on the technology solely for an academic, scientific, technological, or other investigation or inquiry concerning the accuracy or integrity of the technology. (D) Requirements for nondisclosure agreements A nondisclosure agreement entered into with respect to an election-dedicated voting system technology meets the requirements of this subparagraph if the agreement— (i) is limited in scope to coverage of the technology disclosed under subparagraph (B) and any trade secrets and intellectual property rights related thereto; (ii) does not prohibit a signatory from entering into other nondisclosure agreements to review other technologies under this paragraph; (iii) exempts from coverage any information the signatory lawfully obtained from another source or any information in the public domain; (iv) remains in effect for not longer than the life of any trade secret or other intellectual property right related thereto; (v) prohibits the use of injunctions barring a signatory from carrying out any activity authorized under subparagraph (C), including injunctions limited to the period prior to a trial involving the technology; (vi) is silent as to damages awarded for breach of the agreement, other than a reference to damages available under applicable law; (vii) allows disclosure of evidence of crime, including in response to a subpoena or warrant; (viii) allows the signatory to perform analyses on the technology (including by executing the technology), disclose reports and analyses that describe operational issues pertaining to the technology (including vulnerabilities to tampering, errors, risks associated with use, failures as a result of use, and other problems), and describe or explain why or how a voting system failed or otherwise did not perform as intended; and (ix) provides that the agreement shall be governed by the trade secret laws of the applicable State. (E) Election-dedicated voting system technology defined For purposes of this paragraph: (i) In general The term election-dedicated voting system technology (I) The source code used for the trusted build and its file signatures. (II) A complete disk image of the pre-build, build environment, and any file signatures to validate that it is unmodified. (III) A complete disk image of the post-build, build environment, and any file signatures to validate that it is unmodified. (IV) All executable code produced by the trusted build and any file signatures to validate that it is unmodified. (V) Installation devices and software file signatures. (ii) Exclusion Such term does not include commercial-off-the-shelf (8) Prohibition of use of wireless communications devices in systems or devices No system or device upon which ballots are programmed or votes are cast or tabulated shall contain, use, or be accessible by any wireless, power-line, or concealed communication device, except that enclosed infrared communications devices which are certified for use in such device by the State and which cannot be used for any remote or wide area communications or used without the knowledge of poll workers shall be permitted. (9) Prohibiting connection of system to the internet (A) In general No system or device upon which ballots are programmed or votes are cast or tabulated shall be connected to the Internet at any time. (B) Rule of construction Nothing contained in this paragraph shall be deemed to prohibit the Commission from conducting the studies under section 242 or to conduct other similar studies under any other provision of law in a manner consistent with this paragraph. (10) Security standards for voting systems used in Federal elections (A) In general No voting system may be used in an election for Federal office unless the manufacturer of such system and the election officials using such system meet the applicable requirements described in subparagraph (B). (B) Requirements described The requirements described in this subparagraph are as follows: (i) The manufacturer and the election officials shall document the secure chain of custody for the handling of all software, hardware, vote storage media, blank ballots, and completed ballots used in connection with voting systems, and shall make the information available upon request to the Commission. (ii) The manufacturer shall disclose to an accredited laboratory under section 231 and to the appropriate election official any information required to be disclosed under paragraph (7). (iii) After the appropriate election official has certified the election-dedicated and other voting system software for use in an election, the manufacturer may not— (I) alter such software; or (II) insert or use in the voting system any software, software patch, or other software modification not certified by the State for use in the election. (iv) At the request of the Commission— (I) the appropriate election official shall submit information to the Commission regarding the State’s compliance with this subparagraph; and (II) the manufacturer shall submit information to the Commission regarding the manufacturer’s compliance with this subparagraph. (C) Development and publication of best practices of secure chain of custody Not later than August 1, 2016, the Commission shall develop and make publicly available best practices regarding the requirement of subparagraph (B)(i) and (B)(iii), and in the case of subparagraph (B)(iii), shall include best practices for certifying software patches and minor software modifications under short deadlines. (D) Disclosure of secure chain of custody The Commission shall make information provided to the Commission under subparagraph (B)(i) available to any person upon request. (11) Durability and readability requirements for ballots (A) Durability requirements for paper ballots (i) In general All voter-verified paper ballots required to be used under this Act shall be marked or printed on durable paper. (ii) Definition For purposes of this Act, paper is durable (B) Readability requirements for paper ballots marked by ballot marking device All voter-verified paper ballots completed by the voter through the use of a ballot marking device shall be clearly readable by the voter without assistance (other than eyeglasses or other personal vision enhancing devices) and by an optical character recognition device or other device equipped for individuals with disabilities. (12) Requirements for publication of poll tapes (A) Requirements Each State shall meet the following requirements: (i) Upon the closing of the polls at each polling place, the appropriate election official, under the observation of the certified tabulation observers admitted to the polling place under subparagraph (E) (if any), shall announce the vote orally, post a copy of the poll tape reflecting the totals from each voting machine upon which votes were cast in the election at the polling place, and prepare and post a statement of the total number of individuals who appeared at the polling place to cast ballots, determined by reference to the number of signatures in a sign-in book or other similar independent count. Such officials shall ensure that each of the certified tabulation observers admitted to the polling place has full access to observe the process by which the poll tapes and statement are produced and a reasonable period of time to review the poll tapes and statement before the polling place is closed, and (if feasible) shall provide such observers with identical duplicate copies of the poll tapes and statement. (ii) As soon as practicable, but in no event later than noon of the day following the date of the election, the appropriate election official shall display (at a prominent location accessible to the public during regular business hours and in or within reasonable proximity to the polling place) a copy of each poll tape and statement prepared under clause (i), and the information shall be displayed on the official public websites of the applicable local election official and chief State election official, together with the name of the designated voting official who entered the information and the date and time the information was entered. (iii) Each website on which information is posted under clause (ii) shall include information on the procedures by which discrepancies shall be reported to election officials. If any discrepancy exists between the posted information and the relevant poll tape or statement, the appropriate election official shall display information on the discrepancy on the website on which the information is posted under clause (ii) not later than 24 hours after the official is made aware of the discrepancy, and shall maintain the information on the discrepancy and its resolution (if applicable) on such website during the entire period for which results of the election are typically maintained on such website. (iv) The appropriate election official shall preserve archived copies of the poll tapes and statements prepared under clause (i) and reports of discrepancies filed by certified tabulation observers for the period of time during which records and papers are required to be retained and preserved pursuant to title III of the Civil Rights Act of 1960 (42 U.S.C. 1974 et seq.) or for the same duration for which archived copies of other records of the election are required to be preserved under applicable State law, whichever is longer. (B) Treatment of ballots cast at early voting sites (i) Application The requirements of this subparagraph shall apply with respect to poll tapes and statements of the number of voters who voted in person at designated sites prior to the date of the election. (ii) Daily count of voters At the close of business on each day on which ballots described in clause (i) may be cast prior to the date of the election, the appropriate election official at each such site shall— (I) under the observation of certified tabulation observers admitted to the site under subparagraph (E) (if any), prepare and post a statement of the total number of individuals who appeared at the site to cast ballots, determined by reference to the number of signatures in a sign-in book or other similar independent count, and the total number of ballots cast (excluding information on the votes received by individual candidates), and shall ensure that each of the certified tabulation observers admitted to the site has full access to observe the process by which the statement is produced and a reasonable period of time to review the statement before the site is closed; and (II) display at the site during regular business hours for the duration of the early voting period a paper copy of the statement prepared under subclause (I). (iii) Application of general requirements for poll tapes and statements Upon the closing of the polls on the date of the election, the appropriate election official at each designated site described in this subparagraph shall meet the requirements of subparagraph (A) (including requirements relating to the role of certified tabulation observers) in the same manner as an election official at a polling place. (C) Treatment of absentee ballots (i) Daily count of ballots mailed and received At the close of each business day on which a State mails or accepts absentee ballots cast in an election for Federal office prior to the date of the election, the appropriate election official shall— (I) under the observation of certified tabulation observers admitted under subparagraph (E) to the site at which the ballots are mailed and received (if any), prepare and post a statement of the total number of absentee ballots mailed and received by the official during that day and a separate count of the number of absentee ballots received but rejected (separated into categories of the reasons for rejection), and ensure that each of the certified tabulation observers admitted to the site has full access to observe the process by which the statement is produced and a reasonable period of time to review the statement before the site is closed; and (II) display at the site during regular business hours for the duration of the period during which absentee ballots are processed a paper copy of the statement prepared under subclause (I). (ii) Application of general requirements for poll tapes and statements At the close of business on the last day on which absentee ballots are counted prior to the certification of the election, the appropriate election official at the site at which absentee ballots are received and counted shall meet the requirements of subparagraph (A) (including requirements relating to the role of certified tabulation observers) in the same manner as an election official at a polling place. (D) Daily count of provisional ballots At the close of business on the day on which the appropriate election official determines whether or not provisional ballots cast in an election for Federal office will be counted as votes in the election (as described in section 302(a)(4)), the official shall— (i) under the observation of certified tabulation observers admitted under subparagraph (E) to the site at which the determination is made (if any), prepare and post a statement of the number of such ballots for which a determination was made, the number of ballots counted, and the number of ballots rejected (separated into categories of the reason for the rejection), and ensure that each of the certified tabulation observers admitted to the site has full access to observe the process by which the statement is produced and a reasonable period of time to review the statement before the site is closed; and (ii) display at the site during regular business hours for the duration of the period during which provisional ballots are processed a paper copy of the statement prepared under clause (i). (E) Admission of certified tabulation observers (i) Certified tabulation observer defined In this paragraph, a certified tabulation observer (ii) Selection In determining which individuals to certify as tabulation observers and admit to a polling place or other location to serve as certified tabulation observers with respect to an election for Federal office, the election official shall give preference to individuals who are affiliated with a candidate in the election, except that— (I) the number of individuals admitted who are affiliated with the same candidate for Federal office may not exceed one; and (II) the maximum number of individuals who may be admitted shall equal the number of candidates in the election plus 3, or such greater number as may be authorized under State law. (iii) No effect on admission of other observers Nothing in this subparagraph may be construed to limit or otherwise affect the authority of other individuals to enter and observe polling place operations under any other law, including international observers authorized under any treaty or observers of the Federal Government authorized under the Voting Rights Act of 1965. (F) No effect on other tabulation requirements Nothing in this Act may be construed to supersede any requirement that an election official at a polling place report vote totals to a central tabulation facility and address discrepancies the official finds in the aggregation of those totals with other vote totals. . (b) Requiring laboratories To meet standards prohibiting conflicts of interest as condition of accreditation for testing of voting system hardware and software (1) In general Section 231(b) of such Act ( 42 U.S.C. 15371(b) (3) Prohibiting conflicts of interest; ensuring availability of results (A) In general A laboratory may not be accredited by the Commission for purposes of this section unless— (i) the laboratory certifies that the only compensation it receives for the testing carried out in connection with the certification, decertification, and recertification of the manufacturer’s voting system hardware and software is the payment made from the Testing Escrow Account under paragraph (4); (ii) the laboratory meets such standards as the Commission shall establish (after notice and opportunity for public comment) to prevent the existence or appearance of any conflict of interest in the testing carried out by the laboratory under this section, including standards to ensure that the laboratory does not have a financial interest in the manufacture, sale, and distribution of voting system hardware and software, and is sufficiently independent from other persons with such an interest; (iii) the laboratory certifies that it will permit an expert designated by the Commission or by the State requiring certification of the system being tested to observe any testing the laboratory carries out under this section; and (iv) the laboratory, upon completion of any testing carried out under this section, discloses the test protocols, results, and all communication between the laboratory and the manufacturer to the Commission. (B) Availability of results Upon receipt of information under subparagraph (A), the Commission shall make the information available promptly to election officials and the public. (4) Procedures for conducting testing; payment of user fees for compensation of accredited laboratories (A) Establishment of escrow account The Commission shall establish an escrow account (to be known as the Testing Escrow Account (B) Schedule of fees In consultation with the accredited laboratories, the Commission shall establish and regularly update a schedule of fees for the testing carried out in connection with the certification, decertification, and recertification of voting system hardware and software, based on the reasonable costs expected to be incurred by the accredited laboratories in carrying out the testing for various types of hardware and software. (C) Requests and payments by manufacturers A manufacturer of voting system hardware and software may not have the hardware or software tested by an accredited laboratory under this section unless— (i) the manufacturer submits a detailed request for the testing to the Commission; and (ii) the manufacturer pays to the Commission, for deposit into the Testing Escrow Account established under subparagraph (A), the applicable fee under the schedule established and in effect under subparagraph (B). (D) Selection of laboratory Upon receiving a request for testing and the payment from a manufacturer required under subparagraph (C), the Commission shall select, from all laboratories which are accredited under this section to carry out the specific testing requested by the manufacturer, an accredited laboratory to carry out the testing. (E) Payments to laboratories Upon receiving a certification from a laboratory selected to carry out testing pursuant to subparagraph (D) that the testing is completed, along with a copy of the results of the test as required under paragraph (3)(A)(iv), the Commission shall make a payment to the laboratory from the Testing Escrow Account established under subparagraph (A) in an amount equal to the applicable fee paid by the manufacturer under subparagraph (C)(ii). (5) Dissemination of additional information on accredited laboratories (A) Information on testing Upon completion of the testing of a voting system under this section, the Commission shall promptly disseminate to the public the identification of the laboratory which carried out the testing. (B) Information on status of laboratories The Commission shall promptly notify Congress, the chief State election official of each State, and the public whenever— (i) the Commission revokes, terminates, or suspends the accreditation of a laboratory under this section; (ii) the Commission restores the accreditation of a laboratory under this section which has been revoked, terminated, or suspended; or (iii) the Commission has credible evidence of significant security failure at an accredited laboratory. . (2) Conforming amendments Section 231 of such Act ( 42 U.S.C. 15371 (A) in subsection (a)(1), by striking testing, certification, testing of voting system hardware and software by accredited laboratories in connection with the certification, decertification, and recertification of the hardware and software for purposes of this Act. (B) in subsection (a)(2), by striking testing, certification, testing of its voting system hardware and software by the laboratories accredited by the Commission under this section in connection with certifying, decertifying, and recertifying the hardware and software. (C) in subsection (b)(1), by striking testing, certification, decertification, and recertification testing (D) in subsection (d), by striking testing, certification, decertification, and recertification testing (3) Deadline for establishment of standards, escrow account, and schedule of fees The Election Assistance Commission shall establish the standards described in section 231(b)(3) of the Help America Vote Act of 2002 and the Testing Escrow Account and schedule of fees described in section 231(b)(4) of such Act (as added by paragraph (1)) not later than January 1, 2016. (4) Authorization of appropriations There are authorized to be appropriated to the Election Assistance Commission such sums as may be necessary to carry out the Commission’s duties under paragraphs (3) and (4) of section 231 of the Help America Vote Act of 2002 (as added by paragraph (1)). (c) Grants for research on development of election-Dedicated voting system software (1) In general Subtitle D of title II of the Help America Vote Act of 2002 ( 42 U.S.C. 15401 et seq. 7 Grants for research on development of election-Dedicated voting system software 297. Grants for research on development of election-dedicated voting system software (a) In General The Director of the National Science Foundation (hereafter in this part referred to as the Director (b) Eligibility An entity is eligible to receive a grant under this part if it submits to the Director (at such time and in such form as the Director may require) an application containing— (1) certifications regarding the benefits of operating voting systems on election-dedicated software which is easily understandable and which is written exclusively for the purpose of conducting elections; (2) certifications that the entity will use the funds provided under the grant to carry out research on how to develop voting systems that run on election-dedicated software and that will meet the applicable requirements for voting systems under title III; and (3) such other information and certifications as the Director may require. (c) Availability of Technology Any technology developed with the grants made under this section shall be treated as non-proprietary and shall be made available to the public, including to manufacturers of voting systems. (d) Authorization of Appropriations There is authorized to be appropriated for grants under this section $1,500,000 for each of fiscal years 2017 and 2018, to remain available until expended. . (2) Clerical amendment The table of contents of such Act is amended by adding at the end of the items relating to subtitle D of title II the following: Part 7—Grants for research on development of election-Dedicated voting system software Sec. 297. Grants for research on development of election-dedicated voting system software. . 604. Availability of additional funding to enable States to meet costs of revised requirements (a) Extension of requirements payments for meeting revised requirements Section 257(a) of the Help America Vote Act of 2002 ( 42 U.S.C. 15407(a) (5) For fiscal year 2018, the sum of— (A) $1,000,000,000, except that any funds provided under the authorization made by this subparagraph shall be used by a State only to meet the requirements of title III which are first imposed on the State pursuant to the amendments made by title I of the Voter Confidence and Increased Accessibility Act of 2013, or to otherwise modify or replace its voting systems in response to such amendments; plus (B) such sums as may be necessary to enable States to carry out the activities described in subparagraph (A) with respect to requirements which first apply to elections for Federal office held after in November 2020, except that any funds provided under the authorization made by this subparagraph shall be used by a State only for carrying out these activities. . (b) Use of revised formula for allocation of funds Section 252(b) of such Act (42 U.S.C. 15402(b)) is amended to read as follows: (b) State Allocation Percentage Defined (1) In general Except as provided in paragraph (2), the State allocation percentage (A) the voting age population of the State (as reported in the most recent decennial census); and (B) the total voting age population of all States (as reported in the most recent decennial census). (2) Special rule for payments used to meet requirements imposed under Voter Confidence and Increased Accessibility Act of 2013 (A) In general In the case of the requirements payment made to a State under the authorization made by section 257(a)(5) for fiscal year 2018 or any fiscal year thereafter, the State allocation percentage (i) the sum of the number of noncompliant precincts in the State and 50 percent of the number of partially noncompliant precincts in the State; and (ii) the sum of the number of noncompliant precincts in all States and 50 percent of the number of partially noncompliant precincts in all States. (B) Noncompliant precinct defined In this paragraph, a noncompliant precinct (C) Partially noncompliant precinct defined In this paragraph, a partially noncompliant precinct (D) Requirements described The requirements described in this subparagraph with respect to a voting system are as follows: (i) The primary voting system required the use of durable paper ballots (as described in section 301(a)(2)(A)(i)(I) and 301(a)(11)(A), as amended or added by the Voter Confidence and Increased Accessibility Act of 2013) for every vote cast. (ii) The voting system allowed the voter to privately and independently verify the permanent paper ballot through the presentation of the same printed or marked information used for vote counting and auditing and to privately and independently cast the permanent paper ballot without handling the ballot manually. . (c) Revised conditions for receipt of funds Section 253 of such Act (42 U.S.C. 15403) is amended— (1) in subsection (a), by striking A State is eligible Except as provided in subsection (f), a State is eligible (2) by adding at the end the following new subsection: (f) Special Rule for Payments Used To Meet Requirements Imposed Under Voter Confidence and Increased Accessibility Act of 2013 (1) In general Notwithstanding any other provision of this part, a State is eligible to receive a requirements payment under the authorization made by section 257(a)(5) for fiscal year 2018 or any fiscal year thereafter if, not later than 90 days after the date of the enactment of the Voter Confidence and Increased Accessibility Act of 2013, the chief executive officer of the State, or designee, in consultation and coordination with the chief State election official— (A) certifies to the Commission the number of noncompliant and partially noncompliant precincts in the State (as defined in section 252(b)(2)); (B) certifies to the Commission that the State will reimburse each unit of local government in the State for any costs the unit incurs in carrying out the activities for which the payment may be used; and (C) files a statement with the Commission describing the State’s need for the payment and how the State will use the payment to meet the requirements of title III (in accordance with the limitations applicable to the use of the payment under section 257(a)(5)). (2) Certifications by States that require changes to State law In the case of a State that requires State legislation to carry out any activity covered by any certification submitted under this subsection, the State shall be permitted to make the certification notwithstanding that the legislation has not been enacted at the time the certification is submitted and such State shall submit an additional certification once such legislation is enacted. . (d) Permitting use of funds for reimbursement for costs previously incurred Section 251(c)(1) of such Act ( 42 U.S.C. 15401(c)(1) , or as a reimbursement for any costs incurred after November 2016 in meeting the requirements of title III which are imposed pursuant to the amendments made by title I of the Voter Confidence and Increased Accessibility Act of 2013 or in otherwise upgrading or replacing voting systems in a manner consistent with such amendments (so long as the voting systems meet any of the requirements that apply with respect to elections for Federal office held in 2020 and each succeeding year). (e) Rule of construction regarding States receiving other funds for replacing punch card, lever, or other voting machines Nothing in the amendments made by this section or in any other provision of the Help America Vote Act of 2002 may be construed to prohibit a State which received or was authorized to receive a payment under title I or II of such Act for replacing punch card, lever, or other voting machines from receiving or using any funds which are made available under the amendments made by this section. (f) Rule of construction regarding use of funds received in prior years (1) In general Nothing contained in this Act or the Help America Vote Act of 2002 may be construed to prohibit a State from using funds received under title I or II of the Help America Vote Act of 2002 to purchase or acquire by other means a voting system that meets the requirements of paragraphs (2) and (3) of section 301 of the Help America Vote Act of 2002 (as amended by this Act) in order to replace voting systems purchased with funds received under the Help America Vote Act of 2002 that do not meet such requirements. (2) Waiver of notice and comment requirements The requirements of subparagraphs (A), (B), and (C) of section 254(a)(11) of the Help America Vote Act of 2002 shall not apply to any State using funds received under such Act for the purposes described in subparagraph (A) or (B) of paragraph (1). (g) Effective date The amendments made by this section shall apply with respect to fiscal years beginning with fiscal year 2018. 605. Effective date for new requirements Section 301(d) of the Help America Vote Act of 2002 ( 42 U.S.C. 15481(d) (d) Effective Date (1) In general Except as provided in paragraph (2), each State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2006. (2) Special rule for certain requirements (A) In general Except as provided in subparagraphs (B) and (C), the requirements of this section which are first imposed on a State and jurisdiction pursuant to the amendments made by title I of the Voter Confidence and Increased Accessibility Act of 2013 shall apply with respect to voting systems used for any election for Federal office held in 2018 or any succeeding year. (B) Delay for jurisdictions using certain paper record printers or certain systems using or producing voter-verifiable paper records in 2016 (i) Delay In the case of a jurisdiction described in clause (ii), subparagraph (A) shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to 2018 2020 (I) Paragraph (2)(A)(i)(I) of subsection (a) (relating to the use of voter-marked paper ballots). (II) Paragraph (3)(B)(ii)(I) and (II) of subsection (a) (relating to access to verification from and casting of the durable paper ballot). (III) Paragraph (11) of subsection (a) (relating to durability and readability requirements for ballots). (ii) Jurisdictions described A jurisdiction described in this clause is a jurisdiction— (I) which used voter verifiable paper record printers attached to direct recording electronic voting machines, or which used other voting systems that used or produced paper records of the vote verifiable by voters but that are not in compliance with paragraphs (2)(A)(i)(I), (3)(B)(ii)(I) and (II), and (11) of subsection (a) (as amended or added by the Voter Confidence and Increased Accessibility Act of 2013), for the administration of the regularly scheduled general election for Federal office held in November 2016; and (II) which will continue to use such printers or systems for the administration of elections for Federal office held in years before 2020. (iii) Mandatory availability of paper ballots at polling places using grandfathered printers and systems (I) Requiring ballots to be offered and provided The appropriate election official at each polling place that uses a printer or system described in clause (ii)(I) for the administration of elections for Federal office shall offer each individual who is eligible to cast a vote in the election at the polling place the opportunity to cast the vote using a blank pre-printed paper ballot which the individual may mark by hand and which is not produced by the direct recording electronic voting machine or other such system. The official shall provide the individual with the ballot and the supplies necessary to mark the ballot, and shall ensure (to the greatest extent practicable) that the waiting period for the individual to cast a vote is the lesser of 30 minutes or the average waiting period for an individual who does not agree to cast the vote using such a paper ballot under this clause. (II) Treatment of ballot Any paper ballot which is cast by an individual under this clause shall be counted and otherwise treated as a regular ballot for all purposes (including by incorporating it into the final unofficial vote count (as defined by the State) for the precinct) and not as a provisional ballot, unless the individual casting the ballot would have otherwise been required to cast a provisional ballot. (III) Posting of notice The appropriate election official shall ensure there is prominently displayed at each polling place a notice that describes the obligation of the official to offer individuals the opportunity to cast votes using a pre-printed blank paper ballot. (IV) Training of election officials The chief State election official shall ensure that election officials at polling places in the State are aware of the requirements of this clause, including the requirement to display a notice under subclause (III), and are aware that it is a violation of the requirements of this title for an election official to fail to offer an individual the opportunity to cast a vote using a blank pre-printed paper ballot. (V) Period of applicability The requirements of this clause apply only during the period in which the delay is in effect under clause (i). (C) Special rule for jurisdictions using certain nontabulating ballot marking devices In the case of a jurisdiction which uses a nontabulating ballot marking device which automatically deposits the ballot into a privacy sleeve, subparagraph (A) shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to any election for Federal office held in 2018 or any succeeding year elections for Federal office occurring held in 2020 or each succeeding year . B Requirement for mandatory manual audits by hand count 611. Mandatory manual audits Title III of the Help America Vote Act of 2002 ( 42 U.S.C. 15481 et seq. C Mandatory manual audits 321. Requiring audits of results of elections (a) Requiring Audits (1) In general In accordance with this subtitle, each State shall administer, without advance notice to the precincts or alternative audit units selected, audits of the results of all elections for Federal office held in the State (and, at the option of the State or jurisdiction involved, of elections for State and local office held at the same time as such election) consisting of random hand counts of the voter-verified paper ballots required to be used and preserved pursuant to section 301(a)(2). (2) Exception for certain elections A State shall not be required to administer an audit of the results of an election for Federal office under this subtitle if the winning candidate in the election— (A) had no opposition on the ballot; or (B) received 80 percent or more of the total number of votes cast in the election, as determined on the basis of the final unofficial vote count. (b) Determination of Entity Conducting Audits; Application of GAO Independence Standards The State shall administer audits under this subtitle through an entity selected for such purpose by the State in accordance with such criteria as the State considers appropriate consistent with the requirements of this subtitle, except that the entity must meet the general standards established by the Comptroller General and as set forth in the Comptroller General’s Government Auditing Standards to ensure the independence (including, except as provided under section 323(b), the organizational independence) of entities performing financial audits, attestation engagements, and performance audits. (c) References to Election Auditor In this subtitle, the term Election Auditor 322. Number of ballots counted under audit (a) In General Except as provided in subsection (b), the number of voter-verified paper ballots which will be subject to a hand count administered by the Election Auditor of a State under this subtitle with respect to an election shall be determined as follows: (1) In the event that the unofficial count as described in section 323(a)(1) reveals that the margin of victory between the two candidates receiving the largest number of votes in the election is less than 1 percent of the total votes cast in that election, the hand counts of the voter-verified paper ballots shall occur in at least 10 percent of all precincts or equivalent locations (or alternative audit units used in accordance with the method provided for under subsection (b)) in the Congressional district involved (in the case of an election for the House of Representatives) or the State (in the case of any other election for Federal office). (2) In the event that the unofficial count as described in section 323(a)(1) reveals that the margin of victory between the two candidates receiving the largest number of votes in the election is greater than or equal to 1 percent but less than 2 percent of the total votes cast in that election, the hand counts of the voter-verified paper ballots shall occur in at least 5 percent of all precincts or equivalent locations (or alternative audit units used in accordance with the method provided for under subsection (b)) in the Congressional district involved (in the case of an election for the House of Representatives) or the State (in the case of any other election for Federal office). (3) In the event that the unofficial count as described in section 323(a)(1) reveals that the margin of victory between the two candidates receiving the largest number of votes in the election is equal to or greater than 2 percent of the total votes cast in that election, the hand counts of the voter-verified paper ballots shall occur in at least 3 percent of all precincts or equivalent locations (or alternative audit units used in accordance with the method provided for under subsection (b)) in the Congressional district involved (in the case of an election for the House of Representatives) or the State (in the case of any other election for Federal office). (b) Use of Alternative Mechanism (1) Permitting use of alternative mechanism Notwithstanding subsection (a), a State may adopt and apply an alternative mechanism to determine the number of voter-verified paper ballots which will be subject to the hand counts required under this subtitle with respect to an election, so long as the alternative mechanism uses the voter-verified paper ballots to conduct the audit and the National Institute of Standards and Technology determines that the alternative mechanism is in accordance with the principles set forth in paragraph (2). (2) Principles for approval In approving an alternative mechanism under paragraph (1), the National Institute of Standards and Technology shall ensure that the audit procedure will have the property that for each election— (A) the alternative mechanism will be at least as statistically effective in ensuring the accuracy of the election results as the procedures under this subtitle; or (B) the alternative mechanism will achieve at least a 95% confidence interval (as determined in accordance with criteria set forth by the National Institute of Standards and Technology) with respect to the outcome of the election. (3) Deadline for response The Director of the National Institute of Standards and Technology shall make a determination regarding a State’s request to approve an alternative mechanism under paragraph (1) not later than 30 days after receiving the State’s request. 323. Process for administering audits (a) In General The Election Auditor of a State shall administer an audit under this section of the results of an election in accordance with the following procedures: (1) Within 24 hours after the State announces the final unofficial vote count (as defined by the State) in each precinct in the State, the Election Auditor shall— (A) determine and then announce the precincts or equivalent locations (or alternative audit units used in accordance with the method provided under section 322(b)) in the State in which it will administer the audits; and (B) with respect to votes cast at the precinct or equivalent location on or before the date of the election (other than provisional ballots described in paragraph (2)), begin to administer the hand count of the votes on the voter-verified paper ballots required to be used and preserved under section 301(a)(2)(A) and the comparison of the count of the votes on those ballots with the final unofficial count of such votes as announced by the State. (2) With respect to votes cast other than at the precinct on the date of the election (other than votes cast before the date of the election described in paragraph (2)) or votes cast by provisional ballot on the date of the election which are certified and counted by the State on or after the date of the election, including votes cast by absent uniformed services voters and overseas voters under the Uniformed and Overseas Citizens Absentee Voting Act, the Election Auditor shall administer the hand count of the votes on the applicable voter-verified paper ballots required to be produced and preserved under section 301(a)(2)(A) and the comparison of the count of the votes on those ballots with the final unofficial count of such votes as announced by the State. (b) Use of personnel In administering the audits, the Election Auditor may utilize the services of the personnel of the State or jurisdiction, including election administration personnel and poll workers, without regard to whether or not the personnel have professional auditing experience. (c) Location The Election Auditor shall administer an audit of an election— (1) at the location where the ballots cast in the election are stored and counted after the date of the election or such other appropriate and secure location agreed upon by the Election Auditor and the individual that is responsible under State law for the custody of the ballots; and (2) in the presence of the personnel who under State law are responsible for the custody of the ballots. (d) Special rule in case of delay in reporting absentee vote count In the case of a State in which the final count of absentee and provisional votes is not announced until after the date of the election, the Election Auditor shall initiate the process described in subsection (a) for administering the audit not later than 24 hours after the State announces the final unofficial vote count for the votes cast at the precinct or equivalent location on or before the date of the election, and shall initiate the administration of the audit of the absentee and provisional votes pursuant to subsection (a)(2) not later than 24 hours after the State announces the final unofficial count of such votes. (e) Additional Audits if Cause Shown (1) In general If the Election Auditor finds that any of the hand counts administered under this section do not match the final unofficial tally of the results of an election, the Election Auditor shall administer hand counts under this section of such additional precincts (or alternative audit units) as the Election Auditor considers appropriate to resolve any concerns resulting from the audit and ensure the accuracy of the election results. (2) Establishment and publication of procedures governing additional audits Not later than August 1, 2017, each State shall establish and publish procedures for carrying out the additional audits under this subsection, including the means by which the State shall resolve any concerns resulting from the audit with finality and ensure the accuracy of the election results. (f) Public Observation of Audits Each audit conducted under this section shall be conducted in a manner that allows public observation of the entire process. 324. Selection of precincts (a) In General Except as provided in subsection (c), the selection of the precincts or alternative audit units in the State in which the Election Auditor of the State shall administer the hand counts under this subtitle shall be made by the Election Auditor on a random basis, in accordance with procedures adopted by the National Institute of Standards and Technology, except that at least one precinct shall be selected at random in each county, with additional precincts selected by the Election Auditor at the Auditor’s discretion. (b) Public Selection The random selection of precincts under subsection (a) shall be conducted in public, at a time and place announced in advance. (c) Mandatory Selection of Precincts Established Specifically for Absentee Ballots If a State does not sort absentee ballots by precinct and include those ballots in the hand count with respect to that precinct, the State shall create absentee ballot precincts or audit units which are of similar size to the average precinct or audit unit in the jurisdiction being audited, and shall include those absentee precincts or audit units among the precincts in the State in which the Election Auditor shall administer the hand counts under this subtitle. (d) Deadline for Adoption of Procedures by Commission The National Institute of Standards and Technology shall adopt the procedures described in subsection (a) not later than March 31, 2017, and shall publish them in the Federal Register upon adoption. 325. Publication of results (a) Submission to Commission As soon as practicable after the completion of an audit under this subtitle, the Election Auditor of a State shall submit to the Commission the results of the audit, and shall include in the submission a comparison of the results of the election in the precinct as determined by the Election Auditor under the audit and the final unofficial vote count in the precinct as announced by the State and all undervotes, overvotes, blank ballots, and spoiled, voided, or cancelled ballots, as well as a list of any discrepancies discovered between the initial, subsequent, and final hand counts administered by the Election Auditor and such final unofficial vote count and any explanation for such discrepancies, broken down by the categories of votes described in paragraphs (1)(B) and (2) of section 323(a). (b) Publication by Commission Immediately after receiving the submission of the results of an audit from the Election Auditor of a State under subsection (a), the Commission shall publicly announce and publish the information contained in the submission. (c) Delay in certification of results by State (1) Prohibiting certification until completion of audits No State may certify the results of any election which is subject to an audit under this subtitle prior to— (A) to the completion of the audit (and, if required, any additional audit conducted under section 323(e)(1)) and the announcement and submission of the results of each such audit to the Commission for publication of the information required under this section; and (B) the completion of any procedure established by the State pursuant to section 323(e)(2) to resolve discrepancies and ensure the accuracy of results. (2) Deadline for completion of audits of Presidential elections In the case of an election for electors for President and Vice President which is subject to an audit under this subtitle, the State shall complete the audits and announce and submit the results to the Commission for publication of the information required under this section in time for the State to certify the results of the election and provide for the final determination of any controversy or contest concerning the appointment of such electors prior to the deadline described in section 6 326. Payments to States (a) Payments for Costs of Conducting Audits In accordance with the requirements and procedures of this section, the Commission shall make a payment to a State to cover the costs incurred by the State in carrying out this subtitle with respect to the elections that are the subject of the audits conducted under this subtitle. (b) Certification of Compliance and Anticipated Costs (1) Certification required In order to receive a payment under this section, a State shall submit to the Commission, in such form as the Commission may require, a statement containing— (A) a certification that the State will conduct the audits required under this subtitle in accordance with all of the requirements of this subtitle; (B) a notice of the reasonable costs incurred or the reasonable costs anticipated to be incurred by the State in carrying out this subtitle with respect to the elections involved; and (C) such other information and assurances as the Commission may require. (2) Amount of payment The amount of a payment made to a State under this section shall be equal to the reasonable costs incurred or the reasonable costs anticipated to be incurred by the State in carrying out this subtitle with respect to the elections involved, as set forth in the statement submitted under paragraph (1). (3) Timing of notice The State may not submit a notice under paragraph (1) until candidates have been selected to appear on the ballot for all of the elections for Federal office which will be the subject of the audits involved. (c) Timing of Payments The Commission shall make the payment required under this section to a State not later than 30 days after receiving the notice submitted by the State under subsection (b). (d) Recoupment of Overpayments No payment may be made to a State under this section unless the State agrees to repay to the Commission the excess (if any) of— (1) the amount of the payment received by the State under this section with respect to the elections involved; over (2) the actual costs incurred by the State in carrying out this subtitle with respect to the elections involved. (e) Authorization of Appropriations There is authorized to be appropriated to the Commission for fiscal year 2018 and each succeeding fiscal year $100,000,000 for payments under this section. 327. Exception for elections subject to recount under State law prior to certification (a) Exception This subtitle does not apply to any election for which a recount under State law will commence prior to the certification of the results of the election, including but not limited to a recount required automatically because of the margin of victory between the 2 candidates receiving the largest number of votes in the election, but only if each of the following applies to the recount: (1) The recount commences prior to the determination and announcement by the Election Auditor under section 323(a)(1) of the precincts in the State in which it will administer the audits under this subtitle. (2) If the recount would apply to fewer than 100 percent of the ballots cast in the election— (A) the number of ballots counted will be at least as many as would be counted if an audit were conducted with respect to the election in accordance with this subtitle; and (B) the selection of the precincts in which the recount will be conducted will be made in accordance with the random selection procedures applicable under section 324. (3) The recount for the election meets the requirements of section 323(f) (relating to public observation). (4) The State meets the requirements of section 325 (relating to the publication of results and the delay in the certification of results) with respect to the recount. (b) Clarification of Effect on Other Requirements Nothing in this section may be construed to waive the application of any other provision of this Act to any election (including the requirement set forth in section 301(a)(2) that the voter verified paper ballots serve as the vote of record and shall be counted by hand in all audits and recounts, including audits and recounts described in this subtitle). 328. Effective date This subtitle shall apply with respect to elections for Federal office held in 2018 or any succeeding year. . 612. Availability of enforcement under Help America Vote Act of 2002 Section 401 of the Help America Vote Act of 2002 ( 42 U.S.C. 15511 , or the requirements of subtitle C of title III. 613. Guidance on best practices for alternative audit mechanisms (a) In general Not later than May 1, 2017, the Director of the National Institute for Standards and Technology shall establish guidance for States that wish to establish alternative audit mechanisms under section 322(b) of the Help America Vote Act of 2002 (as added by section 611). Such guidance shall be based upon scientifically and statistically reasonable assumptions for the purpose of creating an alternative audit mechanism that will be consistent with the principles for approval described in section 322(b)(2) of such Act (as so added). (b) Authorization of appropriations There is authorized to be appropriated to carry out subsection (a) $100,000, to remain available until expended. 614. Clerical amendment The table of contents of the Help America Vote Act of 2002 is amended by adding at the end of the items relating to title III the following: Subtitle C—Mandatory Manual Audits Sec. 321. Requiring audits of results of elections. Sec. 322. Number of ballots counted under audit. Sec. 323. Process for administering audits. Sec. 324. Selection of precincts. Sec. 325. Publication of results. Sec. 326. Payments to States. Sec. 327. Exception for elections subject to recount under State law prior to certification. Sec. 328. Effective date. . VII Provisional Ballots 701. Requirements for counting provisional ballots; establishment of uniform and nondiscriminatory standards (a) In general Section 302 of the Help America Vote Act of 2002 (42 U.S.C. 15482) is amended— (1) by redesignating subsection (d) as subsection (f); and (2) by inserting after subsection (c) the following new subsections: (d) Statewide counting of provisional ballots (1) In general For purposes of subsection (a)(4), notwithstanding the precinct or polling place at which a provisional ballot is cast within the State, the appropriate election official shall count each vote on such ballot for each election in which the individual who cast such ballot is eligible to vote. (2) Effective date This subsection shall apply with respect to elections held on or after January 1, 2014. (e) Uniform and nondiscriminatory standards (1) In general Consistent with the requirements of this section, each State shall establish uniform and nondiscriminatory standards for the issuance, handling, and counting of provisional ballots. (2) Effective date This subsection shall apply with respect to elections held on or after January 1, 2014. . (b) Conforming amendment Section 302(f) of such Act ( 42 U.S.C. 15482(f) Each State Except as provided in subsections (d)(2) and (e)(2), each State VIII Early Voting and Voting by Mail 801. Early voting and voting by mail (a) Requirements Subtitle A of title III of the Help America Vote Act of 2002 ( 42 U.S.C. 15481 et seq. (1) by redesignating sections 306 and 307 as sections 308 and 309; and (2) by inserting after section 305 the following new sections: 306. Early voting (a) In general Each State shall allow individuals to vote in an election for Federal office not less than 15 days prior to the day scheduled for such election in the same manner as voting is allowed on such day. (b) Minimum early voting requirements Each polling place which allows voting prior to the day of a Federal election pursuant to subsection (a) shall— (1) allow such voting for no less than 4 hours on each day (other than Sunday); and (2) have uniform hours each day for which such voting occurs. (c) Location of polling places near public transportation To the greatest extent practicable, a State shall ensure that each polling place which allows voting prior to the day of a Federal election pursuant to subsection (a) is located within walking distance of a stop on a public transportation route. (d) Standards (1) In general The Commission shall issue standards for the administration of voting prior to the day scheduled for a Federal election. Such standards shall include the nondiscriminatory geographic placement of polling places at which such voting occurs. (2) Deviation The standards described in paragraph (1) shall permit States, upon providing adequate public notice, to deviate from any requirement in the case of unforeseen circumstances such as a natural disaster, terrorist attack, or a change in voter turnout. (e) Effective date This section shall apply with respect to elections held on or after January 1, 2014. 307. Promoting ability of voters to vote by mail (a) In General If an individual in a State is eligible to cast a vote in an election for Federal office, the State may not impose any additional conditions or requirements on the eligibility of the individual to cast the vote in such election by mail, except as required under subsection (b) and except to the extent that the State imposes a deadline for requesting the ballot and related voting materials from the appropriate State or local election official and for returning the ballot to the appropriate State or local election official. (b) Requiring signature verification A State may not accept and process an absentee ballot submitted by any individual with respect to an election for Federal office unless the State verifies the identification of the individual by comparing the individual’s signature on the absentee ballot with the individual’s signature on the official list of registered voters in the State, in accordance with such procedures as the State may adopt. (c) Effective date This section shall apply with respect to elections held on or after January 1, 2014. . (b) Conforming amendment relating to issuance of voluntary guidance by election assistance commission Section 311(b) of such Act ( 42 U.S.C. 15501(b) (1) by striking and (2) by striking the period at the end of paragraph (4) and inserting a semicolon; and (3) by adding at the end the following new paragraphs: (5) in the case of the recommendations with respect to section 306, June 30, 2013; and (6) in the case of the recommendations with respect to section 307, June 30, 2013. . (c) Clerical amendment The table of contents of such Act is amended— (1) by redesignating the items relating to sections 306 and 307 as relating to sections 308 and 309; and (2) by inserting after the item relating to section 305 the following new items: Sec. 306. Early voting. Sec. 307. Promoting ability of voters to vote by mail. . IX Absent Uniformed Services Voters and Overseas Voters 901. Extending guarantee of residency for voting purposes to family members of absent military personnel Section 705 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 595 (1) in the heading, by striking spouses family members (2) by amending subsection (b) to read as follows: (b) Family members For the purposes of voting for in any election for any Federal office (as defined in section 301 of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 431 (1) be deemed to have lost a residence or domicile in that State, without regard to whether or not the person intends to return to that State; (2) be deemed to have acquired a residence or domicile in any other State; or (3) be deemed to have become a resident in or a resident of any other State. . 902. Pre-election reports on availability and transmission of absentee ballots Section 102(c) of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–1(c) (c) Reports on Availability, transmission, and receipt of absentee ballots (1) Pre-election report on absentee ballot availability Not later than 55 days before any regularly scheduled general election for Federal office, each State shall submit a report to the Attorney General, the Election Assistance Commission (hereafter in this subsection referred to as the Commission (2) Pre-election report on absentee ballot transmission Not later than 43 days before any regularly scheduled general election for Federal office, each State shall submit a report to the Attorney General, the Commission, and the Presidential Designee, and make that report publicly available that same day, certifying whether all absentee ballots have been transmitted by not later than 45 days before the election to all qualified absent uniformed services and overseas voters whose requests were received at least 45 days before the election. The report shall be in a form prescribed jointly by the Attorney General and the Commission, and shall require the State to certify specific information about ballot transmission, including the total numbers of ballot requests received and ballots transmitted, from each unit of local government which will administer the election. (3) Post-election report on number of absentee ballots transmitted and received Not later than 90 days after the date of each regularly scheduled general election for Federal office, each State and unit of local government which administered the election shall (through the State, in the case of a unit of local government) submit a report to the Attorney General, the Commission, and the Presidential Designee on the combined number of absentee ballots transmitted to absent uniformed services voters and overseas voters for the election and the combined number of such ballots which were returned by such voters and cast in the election, and shall make such report available to the general public that same day. . 903. Enforcement (a) Availability of civil penalties and private rights of action Section 105 of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–4 105. Enforcement (a) Action by Attorney General (1) In general The Attorney General may bring civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title. (2) Penalty In a civil action brought under paragraph (1), if the court finds that the State violated any provision of this title, it may, to vindicate the public interest, assess a civil penalty against the State— (A) in an amount not to exceed $110,000 for each such violation, in the case of a first violation; or (B) in an amount not to exceed $220,000 for each such violation, for any subsequent violation. (3) Report to Congress Not later than December 31 of each year, the Attorney General shall submit to Congress an annual report on any civil action brought under paragraph (1) during the preceding year. (b) Private right of action A person who is aggrieved by a State's violation of this title may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title. (c) State as only necessary defendant In any action brought under this section, the only necessary party defendant is the State, and it shall not be a defense to any such action that a local election official or a unit of local government is not named as a defendant, notwithstanding that a State has exercised the authority described in section 576 of the Military and Overseas Voter Empowerment Act to delegate to another jurisdiction in the State any duty or responsibility which is the subject of an action brought under this section. . (b) Effective date The amendments made by this section shall apply with respect to violations alleged to have occurred on or after the date of the enactment of this Act. 904. Revisions to 45-day absentee ballot transmission rule (a) Repeal of waiver authority (1) In general Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–1 (2) Conforming amendment Section 102(a)(8)(A) of such Act (42 U.S.C. 1973ff–1(a)(8)(A)) is amended by striking except as provided in subsection (g), (b) Requiring use of express delivery in case of failure To meet requirement Section 102 of such Act ( 42 U.S.C. 1973ff–1 (g) Requiring use of express delivery in case of failure To transmit ballots within deadlines (1) Transmission of ballot by express delivery If a State fails to meet the requirement of subsection (a)(8)(A) to transmit a validly requested absentee ballot to an absent uniformed services voter or overseas voter not later than 45 days before the election (in the case in which the request is received at least 45 days before the election)— (A) the State shall transmit the ballot to the voter by express delivery; or (B) in the case of a voter who has designated that absentee ballots be transmitted electronically in accordance with subsection (f)(1), the State shall transmit the ballot to the voter electronically. (2) Special rule for transmission fewer than 40 days before the election If, in carrying out paragraph (1), a State transmits an absentee ballot to an absent uniformed services voter or overseas voter fewer than 40 days before the election, the State shall enable the ballot to be returned by the voter by express delivery, except that in the case of an absentee ballot of an absent uniformed services voter for a regularly scheduled general election for Federal office, the State may satisfy the requirement of this paragraph by notifying the voter of the procedures for the collection and delivery of such ballots under section 103A. . (c) Clarification of treatment of weekends Section 102(a)(8)(A) of such Act ( 42 U.S.C. 1973ff–1(a)(8)(A) the election; the election (or, if the 45th day preceding the election is a weekend or legal public holiday, not later than the most recent weekday which precedes such 45th day and which is not a legal public holiday, but only if the request is received by at least such most recent weekday); 905. Use of single absentee ballot application for subsequent elections (a) In general Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–3 104. Use of single application for subsequent elections (a) In general If a State accepts and processes an official post card form (prescribed under section 101) submitted by an absent uniformed services voter or overseas voter for simultaneous voter registration and absentee ballot application (in accordance with section 102(a)(4)) and the voter requests that the application be considered an application for an absentee ballot for each subsequent election for Federal office held in the State through the next regularly scheduled general election for Federal office (including any runoff elections which may occur as a result of the outcome of such general election), the State shall provide an absentee ballot to the voter for each such subsequent election. (b) Exception for voters changing registration Subsection (a) shall not apply with respect to a voter registered to vote in a State for any election held after the voter notifies the State that the voter no longer wishes to be registered to vote in the State or after the State determines that the voter has registered to vote in another State or is otherwise no longer eligible to vote in the State. (c) Prohibition of refusal of application on grounds of early submission A State may not refuse to accept or to process, with respect to any election for Federal office, any otherwise valid voter registration application or absentee ballot application (including the postcard form prescribed under section 101) submitted by an absent uniformed services voter or overseas voter on the grounds that the voter submitted the application before the first date on which the State otherwise accepts or processes such applications for that election which are submitted by absentee voters who are not members of the uniformed services or overseas citizens. . (b) Effective date The amendment made by subsection (a) shall apply with respect to voter registration and absentee ballot applications which are submitted to a State or local election official on or after the date of the enactment of this Act. 906. Effective date The amendments made by this title shall apply with respect to elections occurring on or after January 1, 2014. X Poll Worker Recruitment and Training 1001. Leave to serve as a poll worker for Federal employees (a) In general Subchapter II of chapter 63 6329. Absence in connection with serving as a poll worker (a) In general An employee in or under an Executive agency is entitled to leave, without loss of or reduction in pay, leave to which otherwise entitled, credit for time or service, or performance or efficiency rating, not to exceed 6 days in a leave year, in order— (1) to provide election administration assistance to a State or unit of local government at a polling place on the date of any election for public office; or (2) to receive any training without which such employee would be ineligible to provide such assistance. (b) Regulations The Director of the Office of Personnel Management may prescribe regulations for the administration of this section, including regulations setting forth the terms and conditions of the election administration assistance an employee may provide for purposes of subsection (a). . (b) Clerical amendment The table of sections for chapter 63 6329. Absence in connection with serving as a poll worker. . 1002. Grants to States for poll worker recruitment and training (a) Grants by Election Assistance Commission (1) In general The Election Assistance Commission (hereafter referred to as the Commission (2) Use of Commission materials In carrying out activities with a grant provided under this section, the recipient of the grant shall use the manual prepared by the Commission on successful practices for poll worker recruiting, training and retention as an interactive training tool, and shall develop training programs with the participation and input of experts in adult learning. (b) Requirements for Eligibility (1) Application Each State that desires to receive a payment under this section shall submit an application for the payment to the Commission at such time and in such manner and containing such information as the Commission shall require. (2) Contents of Application Each application submitted under paragraph (1) shall— (A) describe the activities for which assistance under this section is sought; (B) provide assurances that the funds provided under this section will be used to supplement and not supplant other funds used to carry out the activities; (C) provide assurances that the State will furnish the Commission with information on the number of individuals who served as nonpartisan poll workers after recruitment and training with the funds provided under this section; and (D) provide such additional information and certifications as the Commission determines to be essential to ensure compliance with the requirements of this section. (c) Amount of Grant (1) In general The amount of a grant made to a State under this section shall be equal to the product of— (A) the aggregate amount made available for grants to States under this section; and (B) the voting age population percentage for the State. (2) Voting age population percentage defined In paragraph (1), the voting age population percentage (A) the voting age population of the State (as determined on the basis of the most recent information available from the Bureau of the Census); and (B) the total voting age population of all States (as determined on the basis of the most recent information available from the Bureau of the Census). (d) Reports to Congress (1) Reports by recipients of grants Not later than 6 months after the date on which the final grant is made under this section, each recipient of a grant shall submit a report to the Commission on the activities conducted with the funds provided by the grant. (2) Reports by Commission Not later than 1 year after the date on which the final grant is made under this section, the Commission shall submit a report to Congress on the grants made under this section and the activities carried out by recipients with the grants, and shall include in the report such recommendations as the Commission considers appropriate. (e) Funding (1) Continuing availability of amount appropriated Any amount appropriated to carry out this section shall remain available without fiscal year limitation until expended. (2) Administrative expenses Of the amount appropriated for any fiscal year to carry out this section, not more than 3 percent shall be available for administrative expenses of the Commission. 1003. Model poll worker training program (a) Development of program by Election Assistance Commission Not later than 1 year after the date of the enactment of this Act, the Election Assistance Commission shall develop and provide to each State materials for a model poll worker training program which the State may use to train individuals to serve as poll workers in elections for Federal office. (b) Contents of materials The materials for the model poll worker training program developed under this section shall include materials to provide training with respect to the following: (1) The relevant provisions of the Federal laws which apply to the administration of elections for Federal office in the State, including the Voting Rights Act of 1965 and the Help America Vote Act of 2002. (2) The provision of access to voting to individuals with disabilities in a manner which preserves the dignity and privacy of such individuals. (3) The provision of access to voting to individuals with limited English language proficiency, and to individuals who are members or racial or ethnic minorities, consistent with the protections provided for such individuals under relevant law, in a manner which preserves the dignity of such individuals. (4) Practical experience in the use of the voting machines which will be used in the election involved, including the accessibility features of such machines. (5) Such other election administration subjects as the Commission considers appropriate to ensure that poll workers are able to effectively assist with the administration of elections for Federal office. 1004. State defined In this title, the term State XI Enhancement of Enforcement 1101. Enhancement of enforcement of Help America Vote Act of 2002 (a) Complaints; Availability of private right of action Section 401 of the Help America Vote Act of 2002 ( 42 U.S.C. 15511 (1) by striking The Attorney General (a) In General.— (2) by adding at the end the following new subsections: (b) Filing of Complaints by Aggrieved Persons (1) In general A person who is aggrieved by a violation of subtitle A or subtitle C of title III which has occurred, is occurring, or is about to occur may file a written, signed, notarized complaint with the Attorney General describing the violation and requesting the Attorney General to take appropriate action under this section. The Attorney General shall immediately provide a copy of a complaint filed under the previous sentence to the entity responsible for administering the State-based administrative complaint procedures described in section 402(a) for the State involved. (2) Response by Attorney General The Attorney General shall respond to each complaint filed under paragraph (1), in accordance with procedures established by the Attorney General that require responses and determinations to be made within the same (or shorter) deadlines which apply to a State under the State-based administrative complaint procedures described in section 402(a)(2). The Attorney General shall immediately provide a copy of the response made under the previous sentence to the entity responsible for administering the State-based administrative complaint procedures described in section 402(a) for the State involved. (c) Availability of private right of action Any person who is authorized to file a complaint under subsection (b)(1) (including any individual who seeks to enforce the individual’s right to a voter-verified paper ballot, the right to have the voter-verified paper ballot counted in accordance with this Act, or any other right under subtitles A or C of title III) may file an action under section 1979 of the Revised Statutes of the United States ( 42 U.S.C. 1983 (d) No effect on State procedures Nothing in this section may be construed to affect the availability of the State-based administrative complaint procedures required under section 402 to any person filing a complaint under this subsection. . (b) Effective date The amendments made by this section shall apply with respect to violations occurring with respect to elections for Federal office held in 2014 or any succeeding year. XII Federal Election Integrity 1201. Prohibition on campaign activities by chief State election administration officials (a) In General Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by inserting after section 319 the following new section: 319A. Campaign activities by chief State election administration officials (a) Prohibition It shall be unlawful for a chief State election administration official to take an active part in political management or in a political campaign with respect to any election for Federal office over which such official has supervisory authority. (b) Chief State election administration official The term chief State election administration official (c) Active part in political management or in a political campaign The term active part in political management or in a political campaign (1) serving as a member of an authorized committee of a candidate for Federal office; (2) the use of official authority or influence for the purpose of interfering with or affecting the result of an election for Federal office; (3) the solicitation, acceptance, or receipt of a contribution from any person on behalf of a candidate for Federal office; and (4) any other act which would be prohibited under paragraph (2) or (3) of section 7323(b) of title 5, United States Code, if taken by an individual to whom such paragraph applies (other than any prohibition on running for public office). (d) Exception for Campaigns of Official or Immediate Family Members (1) In general This section does not apply to a chief State election administration official with respect to an election for Federal office in which the official or an immediate family member of the official is a candidate. (2) Immediate family member defined In paragraph (1), the term immediate family member . (b) Effective Date The amendments made by subsection (a) shall apply with respect to elections for Federal office held after December 2013. XIII Other Election Administration Improvements 1301. Treatment of universities as voter registration agencies (a) In general Section 7(a) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–5(a) (1) in paragraph (2)— (A) by striking and (B) by striking the period at the end of subparagraph (B) and inserting ; and (C) by adding at the end the following new subparagraph: (C) each institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ; and (2) in paragraph (6)(A), by inserting or, in the case of an institution of higher education, with each registration of a student for enrollment in a course of study assistance, (b) Amendment to Higher Education Act of 1965 Section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) (c) Effective date The amendments made by this section shall apply with respect to elections held on or after January 1, 2014. 1302. Minimum notification requirements for voters affected by polling place changes (a) Requirements Section 302 of the Help America Vote Act of 2002 ( 42 U.S.C. 15482 (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection: (f) Minimum notification requirements for voters affected by polling place changes (1) In general If a State assigns an individual who is a registered voter in a State to a polling place with respect to an election for Federal office which is not the same polling place to which the individual was previously assigned with respect to the most recent election for Federal office in the State in which the individual was eligible to vote— (A) the State shall notify the individual of the location of the polling place not later than 7 days before the date of the election; or (B) if the State makes such an assignment fewer than 7 days before the date of the election and the individual appears on the date of the election at the polling place to which the individual was previously assigned, the State shall make every reasonable effort to enable the individual to vote on the date of the election. (2) Effective date This subsection shall apply with respect to elections held on or after January 1, 2014. . (b) Conforming amendment Section 302(f) of such Act ( 42 U.S.C. 15482(f) (d)(2) and (e)(2) (d)(2), (e)(2), and (f)(2) 1303. Voter information response systems and hotline (a) Establishment and operation of systems and services (1) State-based response systems The Attorney General shall coordinate the establishment of a State-based response system for responding to questions and complaints from individuals voting or seeking to vote, or registering to vote or seeking to register to vote, in elections for Federal office. Such system shall provide— (A) State-specific, same-day, and immediate assistance to such individuals, including information on how to register to vote, the location and hours of operation of polling places, and how to obtain absentee ballots; and (B) State-specific, same-day, and immediate assistance to individuals encountering problems with registering to vote or voting, including individuals encountering intimidation or deceptive practices. (2) Hotline The Attorney General, in consultation with State election officials, shall establish and operate a toll-free telephone service, using a telephone number that is accessible throughout the United States and that uses easily identifiable numerals, through which individuals throughout the United States— (A) may connect directly to the State-based response system described in paragraph (1) with respect to the State involved; (B) may obtain information on voting in elections for Federal office, including information on how to register to vote in such elections, the locations and hours of operation of polling places, and how to obtain absentee ballots; and (C) may report information to the Attorney General on problems encountered in registering to vote or voting, including incidences of voter intimidation or suppression. (3) Collaboration with State and local election officials (A) Collection of information from states The Attorney General shall coordinate the collection of information on State and local election laws and policies, including information on the Statewide computerized voter registration lists maintained under title III of the Help America Vote Act of 2002, so that individuals who contact the free telephone service established under paragraph (2) on the date of an election for Federal office may receive an immediate response on that day. (B) Forwarding questions and complaints to States If an individual contacts the free telephone service established under paragraph (2) on the date of an election for Federal office with a question or complaint with respect to a particular State or jurisdiction within a State, the Attorney General shall forward the question or complaint immediately to the appropriate election official of the State or jurisdiction so that the official may answer the question or remedy the complaint on that date. (b) Use of service by individuals with disabilities and individuals with limited English language proficiency The Attorney General shall design and operate the telephone service established under this section in a manner that ensures that individuals with disabilities and individuals with limited proficiency in the English language are fully able to use the service. (c) Voter Hotline Task Force (1) Appointment by attorney general The Attorney General shall appoint individuals (in such number as the Attorney General considers appropriate but in no event fewer than 3) to serve on a Voter Hotline Task Force to provide ongoing analysis and assessment of the operation of the telephone service established under this section, and shall give special consideration in making appointments to the Task Force to individuals who represent civil rights organizations. At least one member of the Task Force shall be a representative of an organization promoting voting rights or civil rights which has experience in the operation of similar telephone services or in protecting the rights of individuals to vote, especially individuals who are members or racial minorities or of communities who have been adversely affected by efforts to suppress voting rights. (2) Eligibility An individual shall be eligible to serve on the Task Force under this subsection if the individual meets such criteria as the Attorney General may establish, except that an individual may not serve on the task force if the individual has been convicted of any criminal offense relating to voter intimidation or voter suppression. (3) Term of service An individual appointed to the Task Force shall serve a single term of 2 years, except that the initial terms of the members first appointed to the Task Force shall be staggered so that there are at least 3 individuals serving on the Task Force during each year. A vacancy in the membership of the Task Force shall be filled in the same manner as the original appointment. (4) No compensation for service Members of the Task Force shall serve without pay, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 (d) Biannual report to Congress Not later than March 1 of each odd-numbered year, the Attorney General shall submit a report to Congress on the operation of the telephone service established under this section during the previous 2 years, and shall include in the report— (1) an enumeration of the number and type of calls that were received by the service; (2) a compilation and description of the reports made to the service by individuals citing instances of voter intimidation or suppression; (3) an assessment of the effectiveness of the service in making information available to all households in the United States with telephone service; (4) any recommendations developed by the Task Force established under subsection (c) with respect to how voting systems may be maintained or upgraded to better accommodate voters and better ensure the integrity of elections, including but not limited to identifying how to eliminate coordinated voter suppression efforts and how to establish effective mechanisms for distributing updates on changes to voting requirements; and (5) any recommendations on best practices for the State-based response systems established under subsection (a)(1). (e) Authorization of appropriations (1) Authorization There are authorized to be appropriated to the Attorney General for fiscal year 2013 and each succeeding fiscal year such sums as may be necessary to carry out this section. (2) Set-aside for outreach Of the amounts appropriated to carry out this Act for a fiscal year pursuant to the authorization under paragraph (1), not less than 15% shall be used for outreach activities to make the public aware of the availability of the telephone service established under this section, with an emphasis on outreach to individuals with disabilities and individuals with limited proficiency in the English language. 1304. Reauthorization of election assistance commission Section 210 of the Help America Vote Act of 2002 ( 42 U.S.C. 15330 for each of the fiscal years 2003 through 2005 for each of the fiscal years 2013 through 2017 1305. Application of laws to Commonwealth of Northern Mariana Islands (a) National Voter Registration Act of 1993 Section 3(4) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–1 States and the District of Columbia States, the District of Columbia, and the Commonwealth of the Northern Mariana Islands (b) Help America Vote Act of 2002 (1) In general Section 901 of the Help America Vote Act of 2002 (42 U.S.C. 15541) is amended by striking and the United States Virgin Islands the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands (2) Conforming amendment relating to minimum amount of requirements payment to territories Section 252(c)(2) of such Act ( 42 U.S.C. 15402(c)(2) or the United States Virgin Islands the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands 1306. Repeal of exemption of Election Assistance Commission from certain government contracting requirements (a) In general Section 205 of the Help America Vote Act of 2002 (42 U.S.C. 15325) is amended by striking subsection (e). (b) Effective date The amendment made by subsection (a) shall apply with respect to contracts entered into by the Election Assistance Commission on or after the date of the enactment of this Act. 1307. No effect on other laws (a) In general Except as specifically provided, nothing in this Act may be construed to authorize or require conduct prohibited under any of the following laws, or to supersede, restrict, or limit the application of such laws: (1) The Voting Rights Act of 1965 ( 42 U.S.C. 1973 et seq. (2) The Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee et seq.). (3) The Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff et seq. (4) The National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg et seq. (5) The Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. (6) The Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. (b) No effect on preclearance or other requirements under Voting Rights Act The approval by any person of a payment or grant application under this Act, or any other action taken by any person under this Act, shall not be considered to have any effect on requirements for preclearance under section 5 of the Voting Rights Act of 1965 ( 42 U.S.C. 1973c

Voter Empowerment Act of 2013

Alternative Fueled Vehicles Competitiveness and Energy Security Act of 2013 - Amends the Energy Policy Act of 2005 to expand the list of technology categories that are eligible for loan guarantees by including a category for infrastructure for provision and distribution of alternative fuels. Amends the Energy Independence and Security Act of 2007 to: (1) redefine "advanced technology vehicle," for purposes of the advanced technology vehicles manufacturing incentive program, to include certain vehicles that will reduce consumption of conventional motor fuel by 25% or more compared to existing surface transportation technologies that perform a similar function; (2) repeal the limit on the amount of appropriations that may be used for direct loans under such program; and (3) extend funding through FY2018 for such program. Directs the Secretary to: (1) assess the effectiveness of alternative fuel and alternative fueled vehicles in reducing oil imports; (2) provide technical assistance for the deployment of alternative fuel and alternative fueled vehicles and infrastructure; and (3) award grants to provide training and education for vocational workforce development for the manufacture and maintenance of alternative fueled vehicles and the manufacture, installation, support, and inspection of alternative fuel recharging, refueling, and distribution infrastructure. Amends the Energy Policy Act of 2005 to: (1) redefine &quot;idle reduction technology&quot; to include a technology that uses an alternative fuel to reduce consumption of conventional fuel and environmental emissions; and (2) extend appropriations through FY2018 to reduce extended idling from heavy-duty vehicles and locomotives. Requires the Secretary to identify barriers and remedies in electric and natural gas and oil pipeline transmission and distribution systems to the distribution of alternative fuels and the deployment of alternative fuel recharging and refueling capability at economically competitive costs for consumers. Requires the Secretary to establish an interagency coordination council for the development and procurement of alternative fueled vehicles by federal agencies. Requires electricity and natural gas consumed by federal agencies to fuel alternative fueled vehicles to be considered an alternative fuel and accounted for under federal fleet management reporting requirements, rather than under federal building management reporting requirements. Requires the Secretary to assess federal government fleets. Extends states' authority to allow inherently low-emission and energy-efficient vehicles to use high occupancy vehicle (HOV) lanes.

To reduce oil consumption and improve energy security, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Alternative Fueled Vehicles Competitiveness and Energy Security Act of 2013 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Loan guarantees for alternative fuel infrastructure. Sec. 4. Advanced technology vehicles manufacturing incentive program. Sec. 5. Conventional fuel replacement calculation and assessment. Sec. 6. Technical assistance and coordination. Sec. 7. Workforce training. Sec. 8. Reduction of engine idling and conventional fuel consumption. Sec. 9. Electric, hydrogen, and natural gas utility and oil pipeline participation. Sec. 10. Federal fleets. Sec. 11. HOV lane access extension. 2. Definitions In this Act: (1) Alternative fuel The term alternative fuel (2) Alternative fueled vehicle The term alternative fueled vehicle 42 U.S.C. 13211 (3) Community college The term community college junior or community college 20 U.S.C. 1058 (4) Department The term Department (5) Nonroad vehicle (A) In general The term nonroad vehicle (B) Inclusions The term nonroad vehicle (i) for industrial, farming, or commercial use; (ii) for rail transportation; (iii) at an airport; or (iv) for marine purposes. (6) Secretary The term Secretary 3. Loan guarantees for alternative fuel infrastructure Section 1703(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16513(b) (11) Infrastructure for provision and distribution of alternative fuels. . 4. Advanced technology vehicles manufacturing incentive program Section 136 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17013 (1) in subsection (a)— (A) in paragraph (1)— (i) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately; (ii) in the matter preceding clause (i) (as redesignated by clause (i)), by striking means an ultra efficient vehicle or a light duty vehicle that meets— (A) an ultra efficient vehicle or a light duty vehicle that meets— ; (iii) in clause (iii) (as redesignated by clause (i)), by striking the period at the end and inserting a semicolon; and (iv) by adding at the end the following: (B) a vehicle (such as a medium-duty or heavy-duty work truck, bus, or rail transit vehicle) that— (i) is used on a public street, road, highway, or transitway; (ii) meets each applicable emission standard that is established as of the date of the application; and (iii) will reduce consumption of conventional motor fuel by 25 percent or more, as compared to existing surface transportation technologies that perform a similar function, unless the Secretary determines that— (I) the percentage is not achievable for a vehicle type or class; and (II) an alternative percentage for that vehicle type or class will result in substantial reductions in motor fuel consumption within the United States. ; (B) in paragraph (3)(B)— (i) by striking equipment and equipment, (ii) by inserting , and manufacturing process equipment suppliers (C) by striking paragraph (4) and inserting the following: (4) Qualifying components The term qualifying components (A) to be designed to improve fuel economy or otherwise substantially reduce consumption of conventional motor fuel; or (B) to contribute measurably to the overall improved fuel use of an advanced technology vehicle, including idle reduction technologies. ; (2) in subsection (b), in the matter preceding paragraph (1), by striking to automobile to advanced technology vehicle (3) in subsection (d)(1), in the first sentence, by striking a total of not more than $25,000,000,000 in (4) in subsection (h)— (A) in the subsection heading, by striking Automobile Advanced Technology Vehicle (B) in paragraph (1)(B), by striking automobiles advanced technology vehicles (5) in subsection (i), by striking 2012 2018 5. Conventional fuel replacement calculation and assessment (a) Methodology Not later than 180 days after the date of enactment of this Act, the Secretary shall, by rule, develop a methodology for calculating the equivalent volumes of conventional fuel displaced by use of each alternative fuel to assess the effectiveness of alternative fuel and alternative fueled vehicles in reducing oil imports. (b) National assessment Not later than 3 years after the date of enactment of this Act, the Secretary shall— (1) conduct a national assessment (using the methodology developed under subsection (a)) of the effectiveness of alternative fuel and alternative fueled vehicles in reducing oil imports into the United States, including as assessment of— (A) market penetration of alternative fuel and alternative fueled vehicles in the United States; (B) successes and barriers to deployment identified by the programs established under this Act; and (C) the maximum feasible deployment of alternative fuel and alternative fueled vehicles by 2020 and 2030; and (2) report to Congress the results of the assessment. 6. Technical assistance and coordination (a) Technical assistance to State, local, and tribal governments (1) In general In carrying out this title, the Secretary shall provide, at the request of the Governor, mayor, county executive, public utility commissioner, or other appropriate official or designee, technical assistance to State, local, and tribal governments or to a public-private partnership described in paragraph (2) to assist with the deployment of alternative fuel and alternative fueled vehicles and infrastructure. (2) Public-private partnership Technical assistance under this section may be awarded to a public-private partnership, comprised of State, local or tribal governments and nongovernmental entities, including— (A) electric or natural gas utilities or other alternative fuel distributors; (B) vehicle manufacturers; (C) alternative fueled vehicle or alternative fuel technology providers; (D) vehicle fleet owners; (E) transportation and freight service providers; or (F) other appropriate non-Federal entities, as determined by the Secretary. (3) Assistance The technical assistance described in paragraph (1) may include— (A) coordination in the selection, location, and timing of alternative fuel recharging and refueling equipment and distribution infrastructure, including the identification of transportation corridors and specific alternative fuels that would be made available; (B) development of protocols and communication standards that facilitate vehicle refueling and recharging into electric, natural gas, and other alternative fuel distribution systems; (C) development of codes and standards for the installation of alternative fuel distribution and recharging and refueling equipment; (D) education and outreach for the deployment of alternative fuel and alternative fueled vehicles; and (E) utility rate design and integration of alternative fueled vehicles into electric and natural gas utility distribution systems. (b) Cost Sharing Cost sharing for assistance awarded under this section shall be consistent with section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352). (c) Authorization of appropriations There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2014 through 2018. 7. Workforce training (a) In general The Secretary, in consultation with the Secretary of Labor, shall award grants to community colleges, other institutions of higher education, and other qualified training and education institutions for the establishment or expansion of programs to provide training and education for vocational workforce development for— (1) the manufacture and maintenance of alternative fueled vehicles; and (2) the manufacture, installation, support, and inspection of alternative fuel recharging, refueling, and distribution infrastructure. (b) Purpose Training funded under this section shall be intended to ensure that the workforce has the necessary skills needed to manufacture, install, and maintain alternative fuel infrastructure and alternative fueled vehicles. (c) Scope Training funded under this section shall include training for— (1) electricians, plumbers, pipefitters, and other trades and contractors who will be installing, maintaining, or providing safety support for alternative fuel recharging, refueling, and distribution infrastructure; (2) building code inspection officials; (3) vehicle, engine, and powertrain dealers and mechanics; and (4) others positions as the Secretary determines necessary to successfully deploy alternative fuels and vehicles. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2014 through 2018. 8. Reduction of engine idling and conventional fuel consumption (a) Definition of idle reduction technology Section 756(a) of the Energy Policy Act of 2005 ( 42 U.S.C. 16104(a) (5) Idle reduction technology The term idle reduction technology (A) (i) is used to reduce long-duration idling; and (ii) allows for the main drive engine or auxiliary refrigeration engine to be shut down; or (B) uses an alternative fuel to reduce consumption of conventional fuel and environmental emissions. . (b) Funding Section 756(b)(4)(B) of the Energy Policy Act of 2005 ( 42 U.S.C. 16104(b)(4)(B) fiscal year 2008 each of fiscal years 2008 through 2018 9. Electric, hydrogen, and natural gas utility and oil pipeline participation (a) In general The Secretary shall identify barriers and remedies in existing electric and natural gas and oil pipeline transmission and distribution systems to the distribution of alternative fuels and the deployment of alternative fuel recharging and refueling capability, at economically competitive costs of alternative fuel for consumers, including— (1) model regulatory rate design and billing for recharging and refueling alternative fueled vehicles; (2) electric grid load management and applications that will allow batteries in plug-in electric drive vehicles to be used for grid storage, ancillary services provision, and backup power; (3) integration of plug-in electric drive vehicles with smart grid technology, including protocols and standards, necessary equipment, and information technology systems; (4) technical and economic barriers to transshipment of biofuels by oil pipelines, or distribution of hydrogen; and (5) any other barriers to installing sufficient and appropriate alternative fuel recharging and refueling infrastructure. (b) Consultation The Secretary shall carry out this section in consultation with— (1) the Federal Energy Regulatory Commission; (2) State public utility commissions; (3) State consumer advocates; (4) electric and natural gas utility and transmission owners and operators; (5) oil pipeline owners and operators; (6) hydrogen suppliers; and (7) other affected entities. (c) Report Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report describing actions taken to carry out this section. 10. Federal fleets (a) In general The Secretary (in consultation with the Administrator of General Services, the Secretary of Defense, the Postmaster General, and the Director of the Office of Management and Budget) shall establish an interagency coordination council for the development and procurement of alternative fueled vehicles by Federal agencies. (b) Electricity and natural gas Electricity and natural gas consumed by Federal agencies to fuel alternative fueled vehicles shall be— (1) considered an alternative fuel; and (2) accounted for under Federal fleet management reporting requirements, rather than under Federal building management reporting requirements. (c) Assessment and report Not later than 180 days after the date of enactment of this Act, the Secretary (in consultation with the Administrator of General Services, the Secretary of Defense, the Postmaster General, and the Director of the Office of Management and Budget) shall complete an assessment of Federal Government fleets (including the United States Postal Service and the Department of Defense) and submit to Congress a report that describes— (1) for each Federal agency with a fleet of more than 200 vehicles, which types of vehicles the agency uses that would or would not be suitable for alternative fuel use either through the procurement of new alternative fueled vehicles, or the conversion to alternative fuel, taking into account the types of vehicles for which alternative fuel could provide comparable functionality and lifecycle costs; (2) the quantity of alternative fueled vehicles that could be deployed by the Federal Government in 5 years and in 10 years, assuming that the vehicles are available and are purchased when new vehicles are needed or existing vehicles are replaced; and (3) the estimated cost and benefits to the Federal Government for vehicle purchases or conversions described in this subsection. 11. HOV lane access extension Section 166(b)(5) of title 23, United States Code, is amended— (1) in subparagraph (A), by striking Before September 30, 2017, the State The State (2) in subparagraph (B), by striking Before September 30, 2017, the State The State

Alternative Fueled Vehicles Competitiveness and Energy Security Act of 2013

Duplication Elimination Act of 2013 - Requires the President, within 90 days after publication of the annual Government Accountability Office (GAO) report on duplication, consolidation, and elimination of duplicative government programs, to send Congress a proposed joint resolution accompanied by a special message specifying: any recommendations outlined in the GAO report that are excluded from the proposed joint resolution; in detail why they were excluded; and the outlined GAO recommendations included in the proposed joint resolution. Limits the proposed joint resolution to one that: (1) makes legislative changes needed to carry out the recommendations contained in the GAO report for a year that the President did not exclude, and (2) requires that any savings attributable to the legislative changes be transferred to the General Fund of the Treasury and be used to reduce the deficit. Sets forth procedures for expedited congressional consideration of the proposed joint resolution.

To amend the Pay-As-You-Go Act of 2010 to create an expedited procedure to enact recommendations of the Government Accountability Office for consolidation and elimination to reduce duplication. 1. Short title This Act may be cited as the The Duplication Elimination Act of 2013 2. Expedited Consideration of GAO Recommendations Title II of the joint resolution entitled A joint resolution increasing the statutory limit on the public debt Public Law 111–139 21 U.S.C. 712 22. Expedited Consideration of GAO Recommendations (a) Definitions In this section— (1) the term GAO report (2) the term joint resolution (A) makes legislative changes needed to carry out the recommendations contained in the GAO report for a year that the President did not exclude; and (B) requires that any savings attributable to the legislative changes described in subparagraph (A) be transferred to the General Fund of the Treasury and be used to reduce the deficit. (b) Submission of proposed bill (1) In general Not later than 90 days after the date of the publication of the GAO report for a year, the President shall transmit to Congress a special message accompanied by a proposed joint resolution. (2) Contents of Special Message A special message shall specify— (A) recommendations outlined in the GAO report that are excluded from the proposed joint resolution; (B) in detail why the recommendations outlined in the GAO report were excluded from the proposed joint resolution; and (C) recommendations outlined in the GAO report that are included in the proposed joint resolution. (3) Transmittal The President shall submit the special message to the Secretary of the Senate if the Senate is not in session and to the Clerk of the House of Representatives if the House is not in session. (4) Public Availability The President shall make a copy of the special message and the proposed joint resolution publicly available, and shall publish in the Federal Register a notice of the message and information on how it can be obtained. (c) Procedures for Expedited Consideration (1) Introduction A proposed joint resolution transmitted by the President under subsection (b) shall be introduced in the Senate (by request) on the next day on which the Senate is in session by the majority leader of the Senate or by a Member of the Senate designated by the majority leader of the Senate and shall be introduced in the House of Representatives (by request) on the next legislative day by the majority leader of the House or by a Member of the House designated by the majority leader of the House. (2) No referral A joint resolution shall not be referred to a committee in either House of Congress and shall immediately be placed on the calendar. (3) Motion to proceed A motion to proceed to a joint resolution is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to a motion to postpone, and all points of order against the motion are waived. 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 a joint resolution is agreed to, the joint resolution shall remain the unfinished business of the respective House until disposed of. (4) Expedited Consideration in the House of Representatives In the House of Representatives, a joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except 2 hours of debate shall be divided equally between the majority and minority leaders or their designees. A motion to reconsider the vote on passage of the joint resolution shall not be in order. A vote on final passage of the joint resolution shall be taken in the House of Representatives on or before the close of the tenth calendar day after the date of the introduction of the joint resolution in the House of Representatives. (5) Expedited Procedure in the Senate (A) Consideration In the Senate, consideration of a joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. A motion to further limit debate is in order and not debatable. An amendment to, a motion to postpone, a motion to proceed to the consideration of other business, or a motion to commit the joint resolution is not in order. (B) Passage If the Senate has proceeded to a joint resolution, the vote on passage of the joint resolution shall occur immediately following the conclusion of consideration of the joint resolution, and a single quorom call at the conclusion of the debate if requested in accordance with the rules of the Senate. A vote on the final passage of the joint resolution shall be taken in the Senate on or before the close of the tenth calendar day after the date of the introduction of the joint resolution in the Senate. (C) Rulings of the Chair on Procedure Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint resolution shall be decided without debate. (6) Points of Order In the Senate or the House of Representatives, a Member of the Senate or House of Representatives, respectively, may raise a point of order that a joint resolution does not meet the definition of a joint resolution under subsection (b). (7) Amendment A joint resolution shall not be subject to amendment in either the House of Representatives or the Senate. (8) Consideration by the other House (A) In General If, before passing a joint resolution, one House receives from the other a joint resolution— (i) the joint resolution from the other House shall not be referred to a committee; and (ii) with respect to a joint resolution of the House receiving the joint resolution— (I) the procedure in that House shall be the same as if no joint resolution had been received from the other House until the vote on passage; but (II) the vote on final passage shall be on the joint resolution of the other House. (B) Revenue Measure Exception This paragraph shall not apply to the House of Representatives if the joint resolution received from the Senate is a revenue measure. (9) Rules of House of Representatives and Senate This subsection is enacted by congress— (A) as an exercise of the rulemaking power in 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 joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (B) 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. .

Duplication Elimination Act of 2013

Great Lakes Ecological and Economic Protection Act of 2013 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to include as a purpose of such Act to achieve the goals established in the Great Lakes Restoration Initiative Action Plan (Action Plan), the Great Lakes Regional Collaboration Strategy (Strategy), and the Great Lakes Water Quality Agreement of 1978 (Agreement) through: (1) improved organization and definition of mission on the part of the Environmental Protection Agency (EPA); (2) the funding of grants, contracts, and interagency agreements for protection, restoration, and pollution control in the Great Lakes area; and (3) improved accountability. Expands the duties of the Great Lakes National Program Office to include coordinating with the Great Lakes Interagency Task Force (Task Force), established by this Act. Requires the Administrator of EPA to establish the Great Lakes Advisory Board to provide advice and recommendations to the Administrator on matters pertaining to Great Lakes restoration and protection. Finds that the Great Lakes Restoration Initiative (Initiative), which commenced in 2010, is designed to: (1) identify programs and projects that are strategically selected to target the most significant environmental problems in the Great Lakes ecosystem and to implement the Great Lakes Regional Collaboration Strategy; (2) be based on the work of the Task Force; and (3) represent the government's commitment to significantly advancing Great Lakes protection and restoration. Requires the Initiative to prioritize work done by non-federal partners using funding made available for the Great Lakes for priority areas for each fiscal year, such as: (1) the remediation of toxic substances and areas of concern, (2) the prevention and control of invasive species and their impacts, (3) the protection and restoration of near-shore health and the prevention and mitigation of nonpoint source pollution, and (4) habitat and wildlife protection and restoration. Requires that: (1) Initiative funds be used to strategically implement federal projects and projects carried out in coordination with states, Indian tribes, municipalities, institutions of higher education, and other organizations; and (2) Initiative projects be carried out on multiple levels, including local, Great Lakes-wide, and Great Lakes basin-wide. Prohibits funding made available to implement the Initiative from being used for any water infrastructure activity (other than a green infrastructure project that improves habitat and other ecosystem functions in the Great Lakes) that is implemented using funds made available under the clean water or drinking water state revolving fund program. Requires federal agencies to: (1) maintain the base level of funding for their Great Lakes activities, and (2) identify new activities to support the environmental goals of the Initiative. Authorizes appropriations for the Initiative for FY2014-FY2018. Establishes the Task Force to: collaborate with Canada, provinces of Canada, and binational bodies involved in the Great Lakes region regarding policies, strategies, projects, and priorities for the Great Lakes System; coordinate the development of federal policies, strategies, projects, and priorities for addressing the restoration and protection of the System consistent with the Agreement, the Strategy, and the Action Plan; assist in the appropriate management of the System; develop goals for the System that focus on outcomes such as cleaner water, improved public health, sustainable fisheries, and biodiversity and ensure that federal policies, strategies, projects, and priorities support measurable results and are consistent with the Strategy and Action Plan; exchange information regarding policies, strategies, projects, and activities of the agencies represented on the Task Force relating to the System, the Strategy, the Agreement, and the Action Plan; coordinate government action associated with the System; seek input from nongovernmental organizations, states, and local and tribal governments; ensure coordinated scientific and other research associated with the System; provide assistance and support to agencies represented on the Task Force in activities relating to the System; establish annual priorities with respect to Great Lakes protection and restoration, consistent with priorities for the Strategy and the Agreement; review and update such Strategy and Action Plan every five years in coordination with specified entities; and report on what actions have and have not been implemented with respect to the recommendations made by the Board and the Great Lakes' mayors, the governors, and tribal leaders. Requires the Administrator to submit to Congress annually a comprehensive report on the overall health of the Great Lakes, including a description of the achievements in implementing the Agreement, a list of the Initiative's accomplishments, and recommendations for streamlining work of advisory and coordinating committees. Requires the Director of the Office of Management and Budget (OMB) to submit to Congress, annually, a financial report certified by each agency that has budget authority for Great Lakes restoration activities that contains: (1) an interagency budget crosscut report, (2) a detailed accounting of all funds received and obligated by all federal agencies and state agencies using federal funds for Great Lakes restoration activities during the current and previous fiscal years, (3) a budget for the proposed projects to be carried out in the subsequent fiscal year, and (4) a listing of projects to be undertaken in the subsequent fiscal year. Authorizes appropriations for: (1) remediation of sediment contamination in areas of concern in the Great Lakes, and (2) the Great Lakes Program.

To amend the Federal Water Pollution Control Act to protect and restore the Great Lakes. 1. Short title This Act may be cited as the Great Lakes Ecological and Economic Protection Act of 2013 2. Great Lakes provision modifications (a) Findings; purpose Section 118(a) of the Federal Water Pollution Control Act ( 33 U.S.C. 1268(a) (1) in paragraph (1)— (A) by striking subparagraph (B) and inserting the following: (B) the United States should seek to attain the goals embodied in the Great Lakes Restoration Initiative Action Plan, the Great Lakes Regional Collaboration Strategy, and the Great Lakes Water Quality Agreement of 1978 (including subsequent amendments); and ; and (B) in subparagraph (C), by inserting , tribal, State (2) by striking paragraph (2) and inserting the following: (2) Purpose The purpose of this section is to achieve the goals established in the Great Lakes Restoration Initiative Action Plan, the Great Lakes Regional Collaboration Strategy, and the Great Lakes Water Quality Agreement through— (A) improved organization and definition of mission on the part of the Agency; (B) the funding of grants, contracts, and interagency agreements for protection, restoration, and pollution control in the Great Lakes area; and (C) improved accountability. ; and (3) by striking paragraph (3) and inserting the following: (3) Definitions In this section: (A) Agency The term Agency (B) Area of concern The term area of concern (C) Great Lakes The term Great Lakes (D) Great Lakes mayor The term Great lakes mayor (E) Great Lakes Regional Collaboration Strategy The term Great Lakes Regional Collaboration Strategy (F) Great Lakes State The term Great Lakes State (G) Great Lakes System The term Great Lakes System (H) Great Lakes Water Quality Agreement The term Great Lakes Water Quality Agreement (I) Potentially responsible party The term potentially responsible party (J) Program Office The term Program Office (K) Remedial Action Plan The term Remedial Action Plan (L) Site characterization The term site characterization . (b) Great Lakes management Section 118(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1268(c) (1) in paragraph (1)— (A) in subparagraph (A), by striking ,; (B) by striking subparagraph (E); (C) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; (D) in subparagraph (D) (as so redesignated), by adding and (E) in subparagraph (E) (as so redesignated), by striking ; and (F) by inserting after subparagraph (B) the following: (C) coordinate with the Great Lakes Interagency Task Force, as required under paragraph (8); ; (2) in paragraph (3)(C), by striking subparagraph (c)(1)(C) of this section paragraph (1)(D) (3) by striking paragraph (6) and inserting the following: (6) Great Lakes governance and management (A) Great Lakes Advisory Board (i) Establishment The Administrator shall establish an advisory board, to be known as the Great Lakes Advisory Board (ii) Membership The Great Lakes Advisory Board shall be composed of not fewer than 12 and not more than 20 members of whom— (I) 1 shall be appointed by the Great Lakes Governors to represent the interests of all of the Great Lakes States; (II) 1 shall be appointed by the Great Lakes mayors to represent the interests of local governments in the Great Lakes Region; (III) 1 shall be from a Great Lakes tribal government; and (IV) the remaining members shall be appointed by the Administrator and shall include, in a manner that ensures to the maximum extent practicable geographic representation of the Great Lakes basin, representatives of or individuals affiliated with— (aa) environmental groups; (bb) hunting, fishing, and conservation organizations; (cc) businesses; (dd) agricultural groups; (ee) foundations; (ff) environmental justice organizations; (gg) academia; and (hh) State, local, and tribal governments. (iii) Meetings The Great Lakes Advisory Board shall meet not less frequently than once every 180 days. (iv) Operation The Great Lakes Advisory Board shall— (I) operate on a collaborative basis; and (II) seek input from a broad variety of stakeholders. (v) Costs The members of the Great Lakes Advisory Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 ; (4) by striking paragraph (7) and inserting the following: (7) Great Lakes Restoration Initiative (A) Findings Congress finds that— (i) the goal of the Great Lakes program of the Agency is to restore and maintain the chemical, physical, and biological integrity of the Great Lakes basin ecosystem; and (ii) in 2010, the Agency, in coordination with Federal partners, commenced implementation of a new Great Lakes Restoration Initiative (referred to in this paragraph as the Initiative (I) to identify programs and projects that are strategically selected— (aa) to target the most significant environmental problems in the Great Lakes ecosystem; and (bb) to implement the Great Lakes Regional Collaboration Strategy; (II) to be based on the work of the Great Lakes Interagency Task Force established by paragraph (8)(A); and (III) to represent the commitment of the Federal Government to significantly advancing Great Lakes protection and restoration. (B) Focus areas The Initiative shall prioritize work done by non-Federal partners using funding made available for the Great Lakes for priority areas for each fiscal year, such as— (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 Pursuant to the Initiative, the Agency shall consult with Federal partners, including the Great Lakes Interagency Task Force, and take into consideration the recommendations of the Great Lakes Advisory Board to select the best combination of programs and projects for Great Lakes protection and restoration using principles and criteria such as— (i) the ability to achieve strategic and measurable environmental outcomes that implement the Great Lakes Collaboration Strategy and the Great Lakes Water Quality Agreement; (ii) the feasibility of— (I) prompt implementation; (II) timely achievement of results; and (III) the ability to leverage resources; and (iii) opportunities for improved 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 Of amounts made available for environmental programs and management for the Great Lakes Restoration Initiative, the Administrator may— (I) transfer not more than $475,000,000 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; (II) enter into an interagency agreement with the head of any Federal department or agency to carry out activities described in subclause (I); and (III) make grants to governmental entities, nonprofit organizations, institutions, and educational institutions for use in carrying out planning, research, monitoring, outreach, training, studies, surveys, investigations, experiments, demonstration projects, and implementation relating to the activities described in subclause (I). (E) Scope (i) In general Projects shall be carried out pursuant to the Initiative on multiple levels, including— (I) local; (II) Great Lakes-wide; and (III) 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 and agency shall, to the maximum extent practicable— (i) maintain the base level of funding for the Great Lakes activities of the agency; and (ii) identify new activities and projects to support the environmental goals of the Initiative. (G) Funding (i) Authorization of appropriations There is authorized to be appropriated to carry out the Initiative $475,000,000 for each of fiscal years 2014 through 2018. (ii) Partnerships Of the amounts made available to carry out the Initiative, the Administrator shall transfer expeditiously to the Federal partners of the Initiative such sums as are necessary for subsequent use and distribution by the Federal partners in accordance with this section. ; (5) by striking paragraph (8) and inserting the following: (8) Great Lakes Interagency Task Force (A) Definition of Task Force In this paragraph, the term Task Force (B) Establishment There is established a task force, to be known as the Great Lakes Interagency Task Force 33 U.S.C. 1268 (C) Membership (i) Composition The Task Force shall be composed of— (I) the Administrator, who shall serve as Chair; (II) the Secretary of State; (III) the Secretary of Agriculture; (IV) the Secretary of Commerce; (V) the Secretary of Housing and Urban Development; (VI) the Secretary of Transportation; (VII) the Secretary of Homeland Security; (VIII) the Secretary of the Army; (IX) the Chair of the Council on Environmental Quality; and (X) the Secretary of Health and Human Services. (ii) Delegation Any member of the Task Force may delegate any duty of the member of the Task force described in this paragraph to any person who— (I) is a member of the department, agency, or office of the member; and (II) (aa) is an officer of the United States appointed by the President; or (bb) is a full-time employee compensated at a rate of pay not less than the minimum annual rate of basic pay for GS–15 under section 5332 (D) Coordination and assistance The Program Office shall— (i) coordinate, to the maximum extent practicable, with the Task Force; and (ii) assist the Task Force with the performance of the functions of the Task Force. (E) Duties The Task Force, as a body or through member agencies, shall— (i) collaborate with Canada, provinces of Canada, and binational bodies involved in the Great Lakes region regarding policies, strategies, projects, and priorities for the Great Lakes System; (ii) (I) coordinate the development of Federal policies, strategies, projects, and priorities for addressing the restoration and protection of the Great Lakes System consistent with— (aa) the Great Lakes Water Quality Agreement; (bb) the Great Lakes Regional Collaboration Strategy; and (cc) the Great Lakes Restoration Initiative Action Plan; (II) take into consideration any recommendations of the Great Lakes Advisory Board; and (III) assist in the appropriate management of the Great Lakes System; (iii) develop outcome-based goals for the Great Lakes System (relying on existing data and science-based indicators of water quality, related environmental factors, and other information) that— (I) focus on outcomes such as cleaner water, improved public health, sustainable fisheries, and biodiversity of the Great Lakes System; (II) ensure that Federal policies, strategies, projects, and priorities support measurable results; and (III) are consistent with the Great Lakes Regional Collaboration Strategy and the Great Lakes Restoration Initiative Action Plan; (iv) exchange information regarding policies, strategies, projects, and activities of the agencies represented on the Task Force relating to— (I) the Great Lakes System; (II) the Great Lakes Water Quality Agreement; (III) the Great Lakes Restoration Initiative Action Plan; and (IV) the Great Lakes Regional Collaboration Strategy; (v) coordinate government action associated with the Great Lakes System; (vi) seek input from nongovernmental organizations, States, and local and tribal governments; (vii) ensure coordinated scientific and other research associated with the Great Lakes System; (viii) provide assistance and support to agencies represented on the Task Force in activities relating to the Great Lakes System; (ix) after receipt of recommendations from the Great Lakes Advisory Board, establish annual priorities with respect to Great Lakes protection and restoration, consistent with priorities for the Great Lakes Collaboration Strategy and Great Lakes Water Quality Agreement; and (x) not later than 1 year after the date of enactment of the Great Lakes Ecological and Economic Protection Act of 2013 (I) in coordination with the Great Lakes Governors, Great Lakes mayors, tribal leaders, and nongovernmental organizations— (aa) review the Great Lakes Regional Collaboration Strategy and the Great Lakes Restoration Initiative Action Plan; and (bb) update and revise the Great Lakes Restoration Initiative Action Plan— (AA) to reflect the most comprehensive scientific information available; and (BB) to improve the implementation of the Great Lakes Regional Collaboration Strategy; and (II) submit a report to Congress on what actions have and have not been implemented with respect to the recommendations made by— (aa) the Great Lakes Advisory Board; (bb) the Great Lakes mayors; (cc) the Great Lakes Governors; and (dd) tribal leaders in Great Lakes States. ; (6) by striking paragraph (10) and inserting the following: (10) Reports (A) Annual comprehensive restoration report Not later than 90 days after the end of each fiscal year, the Administrator shall submit to Congress and make publicly available a comprehensive report on the overall health of the Great Lakes that includes— (i) a description of the achievements during the fiscal year in implementing the Great Lakes Water Quality Agreement and any other applicable agreements and amendments that— (I) demonstrate, by category (including categories for judicial enforcement, research, State cooperative efforts, and general administration) the amounts expended on Great Lakes water quality initiatives for the fiscal year; (II) describe the progress made during the fiscal year in implementing the system of surveillance of the water quality in the Great Lakes System, including the monitoring of groundwater and sediment, with a particular focus on toxic pollutants; (III) describe the prospects of meeting the goals and objectives of the Great Lakes Water Quality Agreement; and (IV) provide a comprehensive assessment of the planned efforts to be pursued in the succeeding fiscal year for implementing the Great Lakes Water Quality Agreement and any other applicable agreements and amendments that— (aa) indicate, by category (including categories for judicial enforcement, research, State cooperative efforts, and general administration) the amount anticipated to be expended on Great Lakes water quality initiatives for the applicable fiscal year; and (bb) include a report on programs administered by other Federal agencies that make resources available for Great Lakes water quality management efforts; (ii) a detailed list of accomplishments of the Great Lakes Restoration Initiative with respect to each organizational element of the Initiative and the means by which progress will be evaluated; (iii) recommendations for streamlining the work of advisory and coordinating committees (such as the Great Lakes Regional Collaboration and the United States Policy Committee), including a recommendation for eliminating any such entity if the work of the entity— (I) is duplicative; or (II) complicates the protection and restoration of the Great Lakes; and (iv) with respect to each priority established under paragraph (8)(E)(ix) during the fiscal year, the reasons why the Administrator implemented, or did not implement, the priorities and recommendations. (B) Crosscut budget Not later than 45 days after the date of submission of the budget of the President to Congress, the Director of the Office of Management and Budget, in coordination with the Governor of each Great Lakes State and the Task Force, shall submit to Congress and make publicly available a financial report, certified by the head of each agency that has budget authority for Great Lakes restoration activities, containing— (i) an interagency budget crosscut report that— (I) describes the budget proposed, including funding allocations by each agency for the Great Lakes Restoration Initiative; (II) identifies any adjustments from the budget request; (III) identifies the funding in any amount for each of the Federal agencies that carry out restoration and protection activities in the subsequent fiscal year, separately reporting the amount of funding to be provided under each law pertaining to the agency; (IV) compares specific funding levels allocated for participating Federal agencies from fiscal year to fiscal year; and (V) identifies all expenditures since fiscal year 2004 by the Federal Government and State governments for Great Lakes restoration activities; (ii) a detailed accounting of all funds received and obligated by all Federal agencies and, to the maximum extent practicable, State agencies using Federal funds, for Great Lakes restoration activities during the current and previous fiscal years; (iii) a budget for the proposed projects (including a description of the project, authorization level, and project status) to be carried out in the subsequent fiscal year with the Federal share of funds for activities; and (iv) a listing of all projects to be undertaken in the subsequent fiscal year with the Federal share of funds for activities. ; and (7) in paragraph (12)(H), by striking clause (i) and inserting the following: (i) Authorization In addition to other amounts authorized to be appropriated pursuant to this section, there are authorized to be appropriated to carry out this paragraph— (I) $50,000,000 for each of fiscal years 2004 through 2010; and (II) $150,000,000 for each of fiscal years 2014 through 2018. . (c) Authorization of appropriations Section 118(h) of the Federal Water Pollution Control Act ( 33 U.S.C. 1268(h) (1) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting the subparagraphs appropriately; (2) by striking There are authorized (1) In general There are authorized ; and (3) by adding at the end the following: (2) Program Office There is authorized to be appropriated to the Program Office to carry out this section $25,000,000 for each of fiscal years 2014 through 2018. . (d) Effect of section Nothing in this section or an amendment made by this section affects— (1) the jurisdiction, powers, or prerogatives of— (A) any department, agency, or officer of— (i) the Federal Government; or (ii) any State or tribal government; or (B) any international body established by treaty with authority relating to the Great Lakes (as defined in section 118(a)(3) of the Federal Water Pollution Control Act ( 33 U.S.C. 1268(a)(3) (2) any other Federal or State authority that is being used or may be used to facilitate the cleanup and protection of the Great Lakes (as so defined).

Great Lakes Ecological and Economic Protection Act of 2013

Federal Land Freedom Act of 2013 - Authorizes a state to: (1) establish a program covering the leasing and permitting processes, regulatory requirements, and any other provisions by which the state would exercise its rights to develop all forms of energy resources on available federal land in the state; and (2) as a condition of certification, submit a declaration to the Departments of the Interior, Agriculture (USDA), and Energy (DOE) that such a program has been established or amended. Considers each program certified under this Act as satisfying all applicable requirements of federal law and regulations, including: (1) the National Environmental Policy Act of 1969 (NEPA), (2) the Endangered Species Act of 1973, and (3) the National Historic Preservation Act. Requires, upon submission of a declaration by a state, the program to be certified, and the state to receive all rights from the federal government to develop all forms of energy resources covered by the program. Prohibits activities carried out in accordance with this Act from being subject to: (1) judicial review, and (2) the Administrative Procedure Act.

To achieve domestic energy independence by empowering States to control the development and production of all forms of energy on all available Federal land. 1. Short title This Act may be cited as the Federal Land Freedom Act of 2013 2. State control of energy development and production on all available federal land (a) Definitions In this section: (1) Available federal land The term available Federal land (A) is located within the boundaries of a State; (B) is not held by the United States in trust for the benefit of a federally recognized Indian tribe; (C) is not a unit of the National Park System; (D) is not a unit of the National Wildlife Refuge System; and (E) is not a Congressionally designated wilderness area. (2) Secretary The term Secretary (3) State The term State (A) a State; and (B) the District of Columbia. (b) State programs (1) In general A State— (A) may establish a program covering the leasing and permitting processes, regulatory requirements, and any other provisions by which the State would exercise its rights to develop all forms of energy resources on available Federal land in the State; and (B) as a condition of certification under subsection (c)(2) shall submit a declaration to the Departments of the Interior, Agriculture, and Energy that a program under subparagraph (A) has been established or amended. (2) Amendment of programs A State may amend a program developed and certified under this section at any time. (3) Certification of amended programs Any program amended under paragraph (2) shall be certified under subsection (c)(2). (c) Leasing, permitting, and regulatory programs (1) Satisfaction of Federal requirements Each program certified under this section shall be considered to satisfy all applicable requirements of Federal law (including regulations), including— (A) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (B) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (C) the National Historic Preservation Act ( 16 U.S.C. 470 et seq. (2) Federal certification and transfer of development rights Upon submission of a declaration by a State under subsection (b)(1)(B)(i)— (A) the program under subsection (b)(1)(A) shall be certified; and (B) the State shall receive all rights from the Federal Government to develop all forms of energy resources covered by the program. (3) Issuance of permits and leases If a State elects to issue a permit or lease for the development of any form of energy resource on any available Federal land within the borders of the State in accordance with a program certified under paragraph (2), the permit or lease shall be considered to meet all applicable requirements of Federal law (including regulations). (d) Judicial review Activities carried out in accordance with this Act shall not be subject to judicial review. (e) Administrative Procedure Act Activities carried out in accordance with this Act shall not be subject to subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act

Federal Land Freedom Act of 2013

Fracturing Regulations are Effective in State Hands Act - Grants any state sole authority to promulgate or enforce any regulation, guidance, or permit requirement regarding the treatment of a well by the application of fluids under pressure to which propping agents may be added for the expressly designed purpose of initiating or propagating fractures in a target geologic formation in order to enhance production of oil, gas, or geothermal production activities on or under land within the boundaries of that state. Subjects such a well treatment on federal land to state law as well.

To clarify that a State has the sole authority to regulate hydraulic fracturing on Federal land within the boundaries of the State. 1. Short title This Act may be cited as the Fracturing Regulations are Effective in State Hands Act 2. Findings Congress finds that— (1) hydraulic fracturing is a commercially viable practice that has been used in the United States for more than 60 years in more than 1,000,000 wells; (2) the Ground Water Protection Council, a national association of State water regulators that is considered to be a leading groundwater protection organization in the United States, released a report entitled State Oil and Natural Gas Regulations Designed to Protect Water Resources current State regulation of oil and gas activities is environmentally proactive and preventive (3) that report also concluded that [a]ll oil and gas producing States have regulations which are designed to provide protection for water resources (4) a 2004 study by the Environmental Protection Agency, entitled Evaluation of Impacts to Underground Sources of Drinking Water by Hydraulic Fracturing of Coalbed Methane Reservoirs (5) a 2009 report by the Ground Water Protection Council, entitled State Oil and Natural Gas Regulations Designed to Protect Water Resources lack of evidence (6) a January 2009 resolution by the Interstate Oil and Gas Compact Commission stated The states, who regulate production, have comprehensive laws and regulations to ensure operations are safe and to protect drinking water. States have found no verified cases of groundwater contamination associated with hydraulic fracturing. (7) on May 24, 2011, before the Oversight and Government Reform Committee of the House of Representatives, Lisa Jackson, the Administrator of the Environmental Protection Agency, testified that she was not aware of any proven case where the fracking process itself has affected water (8) in 2011, Bureau of Land Management Director Bob Abbey stated, We have not seen evidence of any adverse effect as a result of the use of the chemicals that are part of that fracking technology. (9) (A) activities relating to hydraulic fracturing (such as surface discharges, wastewater disposal, and air emissions) are already regulated at the Federal level under a variety of environmental statutes, including portions of— (i) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. (ii) the Safe Drinking Water Act (42 U.S.C. 300f et seq.); and (iii) the Clean Air Act (42 U.S.C. 7401 et seq.); but (B) Congress has continually elected not to include the hydraulic fracturing process in the underground injection control program under the Safe Drinking Water Act (42 U.S.C. 300f et seq.); (10) in 2011, the Secretary of the Interior announced the intention to promulgate new Federal regulations governing hydraulic fracturing on Federal land; and (11) a February 2012 study by the Energy Institute at the University of Texas at Austin, entitled Fact-Based Regulation for Environmental Protection in Shale Gas Development [n]o evidence of chemicals from hydraulic fracturing fluid has been found in aquifers as a result of fracturing operations 3. Definition of Federal land In this Act, the term Federal land (1) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 (2) National Forest System land; (3) land under the jurisdiction of the Bureau of Reclamation; and (4) land under the jurisdiction of the Corps of Engineers. 4. State authority (a) In general A State shall have the sole authority to promulgate or enforce any regulation, guidance, or permit requirement regarding the treatment of a well by the application of fluids under pressure to which propping agents may be added for the expressly designed purpose of initiating or propagating fractures in a target geologic formation in order to enhance production of oil, natural gas, or geothermal production activities on or under any land within the boundaries of the State. (b) Federal land The treatment of a well by the application of fluids under pressure to which propping agents may be added for the expressly designed purpose of initiating or propagating fractures in a target geologic formation in order to enhance production of oil, natural gas, or geothermal production activities on Federal land shall be subject to the law of the State in which the land is located.

Fracturing Regulations are Effective in State Hands Act

Wireless Tax Fairness Act of 2013 - Prohibits states or local governments from imposing any new discriminatory tax on mobile services, mobile service providers, or mobile service property (i.e., cell phones) for five years after the enactment of this Act. Defines &quot;new discriminatory tax&quot; as a tax imposed on mobile services, providers, or property that is not generally imposed on other types of services or property, or that is generally imposed at a lower rate, unless such tax was imposed and actually enforced prior to the date of enactment of this Act. Amends the federal judicial code to grant jurisdiction to federal district courts to grant injunctive and other appropriate relief to prevent, restrain, or terminate any acts in violation of this Act. Requires the Comptroller General (GAO) to conduct a study of the impact of state and local taxes on mobile services, providers, or property on the costs consumers pay for mobile services.

To restrict any State or local jurisdiction from imposing a new discriminatory tax on cell phone services, providers, or property. 1. Short title This Act may be cited as the Wireless Tax Fairness Act of 2013 2. Findings Congress finds the following: (1) It is appropriate to exercise congressional enforcement authority under section 5 of the 14th Amendment to the Constitution of the United States and Congress’ plenary power under article I, section 8, clause 3 of the Constitution of the United States (commonly known as the commerce clause (2) In light of the history and pattern of discriminatory taxation faced by providers and consumers of mobile services, the prohibitions against and remedies to correct discriminatory State and local taxation in section 306 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 49 U.S.C. 11501 3. Moratorium (a) In general No State or local jurisdiction shall impose a new discriminatory tax on or with respect to mobile services, mobile service providers, or mobile service property, during the 5-year period beginning on the date of enactment of this Act. (b) Definitions In this Act: (1) Mobile service The term mobile service section 20.3 (2) Mobile service property The term mobile service property (3) Mobile service provider The term mobile service provider (4) New discriminatory tax The term new discriminatory tax (A) a mobile service and is not generally imposed, or is generally imposed at a lower rate, on or with respect to, or measured by, the charges, receipts, or revenues from other services or transactions involving tangible personal property; (B) a mobile service provider and is not generally imposed, or is generally imposed at a lower rate, on other persons that are engaged in businesses other than the provision of mobile services; or (C) a mobile service property and is not generally imposed, or is generally imposed at a lower rate, on or with respect to, or measured by the value of, other property that is devoted to a commercial or industrial use and subject to a property tax levy, except public utility property owned by a public utility subject to rate of return regulation by a State or Federal regulatory authority; unless such tax was imposed and actually enforced on mobile services, mobile service providers, or mobile service property prior to the date of enactment of this Act. (5) State or local jurisdiction The term State or local jurisdiction (6) Tax (A) In general The term tax (B) Exclusion The term tax (i) used to preserve and advance Federal universal service or similar State programs authorized by section 254 of the Communications Act of 1934 (47 U.S.C. 254); (ii) specifically dedicated by a State or local jurisdiction for the support of E–911 communications systems; or (iii) used to preserve and advance Federal telecommunications relay services or State programs implementing this Federal mandate pursuant to title IV of the Americans with Disabilities Act of 1990 ( Public Law 101–336 47 U.S.C. 225 (c) Rules of construction (1) Determination For purposes of subsection (b)(4), all taxes, tax rates, exemptions, deductions, credits, incentives, exclusions, and other similar factors shall be taken into account in determining whether a tax is a new discriminatory tax. (2) Application of principles Except as otherwise provided in this Act, in determining whether a tax on mobile service property is a new discriminatory tax for purposes of subsection (b)(4)(C), principles similar to those set forth in section 306 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 49 U.S.C. 11501 (3) Exclusions Notwithstanding any other provision of this Act— (A) the term generally imposed (i) specific services; (ii) specific industries or business segments; or (iii) specific types of property; and (B) the term new discriminatory tax (i) (I) replaces one or more taxes that had been imposed on mobile services, mobile service providers, or mobile service property; and (II) is designed so that, based on information available at the time of the enactment of such new tax or such modification, the amount of tax revenues generated thereby with respect to such mobile services, mobile service providers, or mobile service property is reasonably expected to not exceed the amount of tax revenues that would have been generated by the respective replaced tax or taxes with respect to such mobile services, mobile service providers, or mobile service property; or (ii) is a local jurisdiction tax that may not be imposed without voter approval, provides for at least 90 days’ prior notice to mobile service providers, and is required by law to be collected from mobile service customers. 4. Enforcement Notwithstanding any provision of section 1341 of title 28, United States Code, or the constitution or laws of any State, the district courts of the United States shall have jurisdiction, without regard to amount in controversy or citizenship of the parties, to grant such mandatory or prohibitive injunctive relief, interim equitable relief, and declaratory judgments as may be necessary to prevent, restrain, or terminate any acts in violation of this Act. (1) Jurisdiction Such jurisdiction shall not be exclusive of the jurisdiction which any Federal or State court may have in the absence of this section. (2) Burden of proof The burden of proof in any proceeding brought under this Act shall be upon the party seeking relief and shall be by a preponderance of the evidence on all issues of fact. (3) Relief In granting relief against a tax which is discriminatory or excessive under this Act with respect to tax rate or amount only, the court shall prevent, restrain, or terminate the imposition, levy, or collection of not more than the discriminatory or excessive portion of the tax as determined by the court. 5. GAO study (a) Study The Comptroller General of the United States shall conduct a study, throughout the 5-year period beginning on the date of the enactment of this Act, to determine— (1) how, and the extent to which, taxes imposed by local and State jurisdictions on mobile services, mobile service providers, or mobile property, impact the costs consumers pay for mobile services; and (2) the extent to which the moratorium on discriminatory mobile services taxes established in this Act has any impact on the costs consumers pay for mobile services. (b) Report Not later than 6 years after the date of the enactment of this Act, the Comptroller General shall submit, to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate, a report containing the results of the study required under subsection (a) and shall include in such report recommendations for any changes to laws and regulations relating to such results.

Wireless Tax Fairness Act of 2013

Respect for Marriage Act - Amends the Defense of Marriage Act to repeal a provision that prohibited a state, territory, possession, or Indian tribe from being required to recognize any public act, record, or judicial proceeding of any other state, territory, possession, or tribe respecting a same sex marriage. Amends the federal rules of construction added by such Act concerning the definitions of &quot;marriage&quot; and &quot;spouse&quot; to provide that, for purposes of any federal law in which marital status is a factor, an individual shall be considered married if that individual's marriage is valid in the state where the marriage was entered into or, in the case of a marriage entered into outside any state, if the marriage is valid in the place where entered into and the marriage could have been entered into in a state. Removes the definition of &quot;spouse&quot; (currently, a person of the opposite sex who is a husband or a wife).

To repeal the Defense of Marriage Act and ensure respect for State regulation of marriage. 1. Short title This Act may be cited as the Respect for Marriage Act 2. Repeal of section added to title 28, United States Code, by section 2 of the Defense of Marriage Act Section 1738C of title 28, United States Code, is repealed, and the table of sections at the beginning of chapter 115 3. Marriage recognition Section 7 of title 1, United States Code, is amended to read as follows: 7. Marriage (a) For the purposes of any Federal law in which marital status is a factor, an individual shall be considered married if that individual’s marriage is valid in the State where the marriage was entered into or, in the case of a marriage entered into outside any State, if the marriage is valid in the place where entered into and the marriage could have been entered into in a State. (b) In this section, the term State .

Respect for Marriage Act

Omnibus Territories Act of 2013 - (Sec. 3) Extends through December 31, 2019, a system for allocating and determining the number, terms, and conditions of permits issued to prospective employers for nonimmigrant workers performing work during the transition period (the period for administration of a transition program to regulate immigration to the Commonwealth of the Northern Mariana Islands [CNMI]) who would not otherwise be eligible for admission under the Immigration and Nationality Act. Revises the treatment of supplemental fees imposed for employment of nonimmigrant workers paid into the Treasury of the CNMI government for the purpose of funding ongoing vocational educational curricula and program development by CNMI educational entities to: (1) require such government to provide to the Secretary of Labor a plan for the expenditure of funds, a projection of the effectiveness of the expenditures in job placement of U.S. workers, and a report on changes in employment of U.S. workers attributable to prior year expenditures; and (2) require a biennial report by the Secretary on the effectiveness of meeting the goals set out in the CNMI's annual plan for the expenditure of funds. (Sec. 4) Requires the Secretary of the Interior to establish a team of technical, policy, and financial experts to develop an energy action plan addressing the energy needs of each of the insular areas (American Samoa, the CNMI, Puerto Rico, Guam, and the Virgin Islands) and Freely Associated States (the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau) and assist those jurisdictions in implementing such plan. Requires such plan to include: (1) recommendations to reduce reliance and expenditures on fuel shipped to the insular areas and Freely Associated States from ports outside the United States, develop and utilize domestic fuel energy sources, and 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. Prohibits such energy action plan from being implemented until approved by the Secretary. Requires: (1) the team to report to the Secretary annually on progress made in implementing the plan, and (2) the Secretary to submit to appropriate congressional committees a summary of the team's reports. (Sec. 5) Requires the Comptroller General (GAO) to report to appropriate congressional committees an evaluation of whether the annual estimates or forecasts of revenue and expenditure of American Samoa, the CNMI, Guam, and the Virgin Islands are reasonable and make recommendations for improving the process for developing estimates or forecasts. (Sec. 6) Makes households located in the Virgin Islands with household income up to 300% of the federal poverty level eligible for assistance under the low-income home energy assistance program. (Sec. 7) Amends the Housing and Community Development Act of 1980, with respect to housing assistance for the benefit of an alien lawfully residing in the United States, to provide that within Guam, a citizen or national of the United States shall be entitled to a preference or priority in receiving financial assistance before any such alien who is otherwise eligible for such assistance. (Sec. 8) Requires the Comptroller General to study, and report on, the use of benefit-to-cost ratio formulas by federal agencies for purposes of evaluating projects in American Samoa and to assess, in particular, Samoa's remote locations, transportation costs, airport traffic control towers, and water resources development projects. (Sec. 9) Exempts vessels from the fishery endorsement requirement that they be rebuilt in the United States if they offload their catch in American Samoa and were rebuilt outside of the United States before January 1, 2011. (Sec. 10) Amends the Fair Minimum Wage Act of 2007 to require GAO to include in reports assessing the impact of minimum wage increases applicable to American Samoa and the CNMI an analysis of the economic effects on employees and employers of the differentials in minimum wage rates among industries and classifications in American Samoa, including the potential effects of eliminating such differentials prior to the time when such rates are scheduled to equal the minimum wage set forth in the Fair Labor Standards Act. (Sec. 11) Requires the Office of National Drug Control Policy to develop and make available to the public a biennial Caribbean Border Counternarcotics Strategy, with emphasis on the borders of Puerto Rico and the Virgin Islands, on terms substantially equivalent to the existing Southwest Border and Northern Border Counternarcotics Strategies. (Sec. 12) Amends the REAL ID Act of 2005 to provide that citizens of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau who have been admitted as nonimmigrants pursuant to a Compacts of Free Association are eligible for driver's licenses or personal identification cards.

To improve the administration of programs in the insular areas, and for other purposes. 1. Short title This Act may be cited as the Omnibus Territories Act of 2013 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Territorial Sea. Sec. 4. Adjustment of scheduled wage increases in the Commonwealth of the Northern Mariana Islands. Sec. 5. Amendments to the Consolidated Natural Resources Act. Sec. 6. Study of electric rates in the insular areas. Sec. 7. Chief financial officer of the Virgin Islands. Sec. 8. Reports on estimates of revenues. Sec. 9. Low-income home energy assistance program. Sec. 10. Castle Nugent National Historic Site Establishment. Sec. 11. St. Croix National Heritage Area. Sec. 12. Guam War Claims Review Commission. Sec. 13. Use of certain expenditures as in-kind contributions. Sec. 14. Improvements in HUD assisted programs. Sec. 15. Benefit to cost ratio study for projects in American Samoa. Sec. 16. Waiver of local matching requirements. Sec. 17. Fishery endorsements. Sec. 18. Effects of minimum wage differentials in American Samoa. Sec. 19. American Samoa Citizenship Plebiscite Act. Sec. 20. Eligibility for marine turtle conservation assistance. 3. Territorial Sea (a) In general The first section and section 2 of Public Law 93–435 48 U.S.C. 1705 the Commonwealth of the Northern Mariana Islands, Guam, (b) References to date of enactment For the purposes of the amendment made by subsection (a), each reference in Public Law 93–435 date of enactment 4. Adjustment of scheduled wage increases in the Commonwealth of the Northern Mariana Islands Section 8103(b)(1)(B) of the Fair Minimum Wage Act of 2007 ( 29 U.S.C. 206 Public Law 110–28 2011 2011, 2013, and 2015 5. Amendments to the Consolidated Natural Resources Act Section 6 of the Joint Resolution entitled A Joint Resolution to approve the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America Public Law 94–241 (1) in subsection (a)— (A) in paragraph (2), by inserting after subsections (b) , (c), (B) by striking paragraph (6), and inserting the following: (6) Certain Education Funding (A) In general In addition to fees charged pursuant to section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356 (m)) to recover the full costs of providing adjudication services, the Secretary of Homeland Security shall charge an annual supplemental fee of $150 per nonimmigrant worker to each prospective employer who is issued a permit under subsection (d) of this section during the transition program. Such supplemental fee shall be paid into the Treasury of the Commonwealth government for the purpose of funding ongoing vocational educational curricula and program development by Commonwealth educational entities. (B) Plan for the expenditure of funds At the beginning of each fiscal year, and prior to the payment of the supplemental fee into the Treasury of the Commonwealth government in that fiscal year, the Commonwealth government must provide to the Secretary of Homeland Security, a plan for the expenditure of funds, a projection of the effectiveness of these expenditures in the placement of United States workers into jobs, and a report on the changes in employment of United States workers attributable to prior year expenditures. (C) DHS report The Secretary of Homeland Security shall report to the Congress every 2 years on the effectiveness of meeting the goals set out by the Commonwealth government in its annual plan for the expenditure of funds. ; (2) in subsection (c)— (A) in paragraph (1), by striking during the transition period, (B) by adding at the end the following: (3) Duration Notwithstanding any other provision of this Act, the Secretary may classify aliens pursuant to paragraph (1) until the date on which the transition program terminates. If the transition period is extended, the Secretary may continue to classify aliens pursuant to paragraph (1) until the date on which all extensions are terminated. ; and (3) in subsection (d)(2), by striking December 31, 2014 December 31, 2019 6. Study of electric rates in the insular areas (a) Definitions In this section: (1) Comprehensive energy plan The term comprehensive energy plan An Act to authorize appropriations for certain insular areas of the United States, and for other purposes 48 U.S.C. 1492 (2) Energy action plan The term energy action plan (3) Freely associated states The term Freely Associated States (4) Insular areas The term insular areas (5) Secretary The term Secretary (6) Team The term team (b) Establishment Not later than 180 days after the date of 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 imported fossil fuels; (B) develop indigenous, nonfossil 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. 7. Chief financial officer of the Virgin Islands (a) Referendum As part of the next regularly scheduled, islands-wide election in the Virgin Islands after the date of enactment of this Act, the Board of Elections of the Virgin Islands shall hold a referendum to seek the approval of the people of the Virgin Islands regarding whether the position of Chief Financial Officer of the Government of the Virgin Islands shall be established as a part of the executive branch of the Government of the Virgin Islands. The referendum shall be binding and conducted according to the laws of the Virgin Islands, except that the results shall be determined by a majority of the ballots cast. (b) Chief Financial Officer of the Virgin Islands (1) Appointment of Chief Financial Officer (A) In general If the majority of ballots cast in a referendum under subsection (a) approve the establishment of the position of Chief Financial Officer of the Government of the Virgin Islands, the Governor of the Virgin Islands shall appoint a Chief Financial Officer, with the advice and consent of the Legislature of the Virgin Islands, from the names on the list required under subsection (b)(4). If the Governor has nominated a person for Chief Financial Officer but the Legislature of the Virgin Islands has not confirmed a nominee within 90 days after receiving the list pursuant to subsection (b)(4), the Governor shall appoint from such list a Chief Financial Officer on an acting basis until the Legislature consents to a Chief Financial Officer. (B) Acting Chief Financial Officer If a Chief Financial Officer has not been appointed under subparagraph (A) within 180 days after the date of the enactment of this Act, the Virgin Islands Chief Financial Officer Search Commission, by majority vote, shall appoint from the names on the list submitted under subsection (b)(4), an Acting Chief Financial Officer to serve in that capacity until a Chief Financial Officer is appointed under the first sentence of subparagraph (A). In either case, if the Acting Chief Financial Officer serves in an acting capacity for 180 consecutive days, without further action the Acting Chief Financial Officer shall become the Chief Financial Officer. (2) Duties of Chief Financial Officer The duties of the Chief Financial Officer shall include the following: (A) Develop and report on the financial status of the Government of the Virgin Islands not later than 6 months after appointment and quarterly thereafter. Such reports shall be available to the public. (B) Each year prepare and certify spending limits of the annual budget, including annual estimates of all revenues of the territory without regard to sources, and whether or not the annual budget is balanced. (C) Revise and update standards for financial management, including inventory and contracting, for the Government of the Virgin Islands in general and for each agency in conjunction with the agency head. (3) Documents provided The heads of each department of the Government of the Virgin Islands, in particular the head of the Department of Finance of the Virgin Islands and the head of the Internal Revenue Bureau of the Virgin Islands shall provide all documents and information under the jurisdiction of that head that the Chief Financial Officer considers required to carry out his or her functions to the Chief Financial Officer. (4) Conditions related to Chief Financial Officer (A) Term The Chief Financial Officer shall be appointed for a term of 5 years. (B) Removal The Chief Financial Officer shall not be removed except for cause. An Acting Chief Financial Officer may be removed for cause or by a Chief Financial Officer appointed with the advice and consent of the Legislature of the Virgin Islands. (C) Replacement If the Chief Financial Officer is unable to continue acting in that capacity due to removal, illness, death, or otherwise, another Chief Financial Officer shall be selected in accordance with paragraph (1). (D) Salary The Chief Financial Officer shall be paid at a salary to be determined by the Governor of the Virgin Islands, except such rate may not be less than the highest rate of pay for a cabinet officer of the Government of the Virgin Islands or a Chief Financial Officer serving in any government or semiautonomous agency. (c) Establishment of commission (1) Establishment There is established a commission to be known as the Virgin Islands Chief Financial Officer Search Commission (2) Duty of commission The Commission shall recommend to the Governor not less than 3 candidates for nomination as Chief Financial Officer of the Virgin Islands. Each candidate must have demonstrated ability in general management of, knowledge of, and extensive practical experience at the highest levels of financial management in governmental or business entities and must have experience in the development, implementation, and operation of financial management systems. (3) Membership (A) Number and appointment The Commission shall be composed of 8 members appointed not later than 30 days after the date of the enactment of this Act. Persons appointed as members must have recognized business, government, or financial expertise and experience and shall be appointed as follows: (i) 1 individual appointed by the Governor of the Virgin Islands. (ii) 1 individual appointed by the President of the Legislature of the Virgin Islands. (iii) 1 individual, who is an employee of the Government of the Virgin Islands, appointed by the Central Labor Council of the Virgin Islands. (iv) 1 individual appointed by the Chamber of Commerce of St. Thomas-St. John. (v) 1 individual appointed by the Chamber of Commerce of St. Croix. (vi) 1 individual appointed by the President of the University of the Virgin Islands. (vii) 1 individual, who is a resident of St. John, appointed by the At-Large Member of the Legislature of the Virgin Islands. (viii) 1 individual appointed by the President of AARP Virgin islands. (B) Terms (i) In general Each member shall be appointed for the life of the Commission. (ii) Vacancies A vacancy in the Commission shall be filled in the manner in which the original appointment was made. Any member appointed to fill a vacancy shall be appointed for the remainder of that term. (C) Basic pay Members shall serve without pay. (D) Quorum Five members of the Commission shall constitute a quorum. (E) Chairperson The Chairperson of the Commission shall be the Chief Justice of the Supreme Court of the United States Virgin Islands or the designee of the Chief Justice. The Chairperson shall serve as an ex officio member of the Commission and shall vote only in the case of a tie. (F) Meetings The Commission shall meet at the call of the Chairperson. The Commission shall meet for the first time not later than 15 days after all members have been appointed under this subsection. (G) Government employment Members may not be current government employees, except for the member appointed under subparagraph (A)(iii). (4) Report; recommendations The Commission shall transmit a report to the Governor, the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate not later than 60 days after its first meeting. The report shall name the Commission’s recommendations for candidates for nomination as Chief Financial Officer of the Virgin Islands. (5) Termination The Commission shall terminate upon the nomination and confirmation of the Chief Financial Officer. (d) Definitions For the purposes of this section, the following definitions apply: (1) Chief Financial Officer In subsections (a) and (b), the term Chief Financial Officer (2) Commission The term Commission (3) Governor The term Governor (4) Removal for cause The term removal for cause 8. Reports on estimates of revenues The Comptroller General of the United States shall submit to the appropriate committees of Congress a report that— (1) evaluates whether the annual estimates or forecasts of revenue and expenditure of American Samoa, the Commonwealth of the Northern Mariana Islands, Puerto Rico, Guam, and the Virgin Islands are reasonable; and (2) as the Comptroller General of the United States determines to be necessary, makes recommendations for improving the process for developing estimates or forecasts. 9. Low-income home energy assistance program With respect to fiscal years 2014 through 2017, the percentage described in section 2605(b)(2)(B)(i) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624(b)(2)(B)(i)) shall be 300 percent when applied to households located in the Virgin Islands. 10. Castle Nugent National Historic Site Establishment (a) Definitions In this section: (1) Historic site The term historic site (2) Secretary The term Secretary (b) Castle nugent national historic site (1) Establishment There is established as a unit of the National Park System the Castle Nugent National Historic Site on the Island of St. Croix, U.S. Virgin Islands, in order to preserve, protect, and interpret, for the benefit of present and future generations, a Caribbean cultural landscape that spans more than 300 years of agricultural use, significant archeological resources, mangrove forests, endangered sea turtle nesting beaches, an extensive barrier coral reef system, and other outstanding natural features. (2) Boundaries The historic site consists of the approximately 2,900 acres of land extending from Lowrys Hill and Laprey Valley to the Caribbean Sea and from Manchenil Bay to Great Pond, along with associated submerged lands to the three-mile territorial limit, as generally depicted on the map titled Castle Nugent National Historic Site Proposed Boundary Map (3) Map availability The map referred to in paragraph (2) shall be on file and available for public inspection in the appropriate offices of the National Park Service, Department of the Interior. (4) Acquisition of land (A) In general Except as provided in subparagraph (B), the Secretary is authorized to acquire lands and interests in lands within the boundaries of the historic site by donation, purchase with donated funds, or exchange. (B) U.S. virgin island lands The Secretary is authorized to acquire lands and interests in lands owned by the U.S. Virgin Islands or any political subdivision thereof only by donation or exchange. (c) Administration (1) In general The Secretary shall administer the historic site in accordance with this Act and with laws generally applicable to units of the National Park System, including— (A) the National Park Service Organic Act (39 Stat. 535; 16 U.S.C. 1 et seq. (B) the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq. (2) Shared resources To the greatest extent practicable, the Secretary shall use the resources of other sites administered by the National Park Service or other Federal assets on the Island of St. Croix to administer the historic site. (3) Continued use In order to maintain an important feature of the cultural landscape of the historic site, the Secretary may lease to the University of the Virgin Islands certain lands within the boundary of the historic site for the purpose of continuing the university’s operation breeding Senepol cattle, a breed developed on St. Croix. A lease under this subsection shall contain such terms and conditions as the Secretary considers appropriate, including those necessary to protect the values of the historic site. (4) Management plan Not later than three years after funds are made available for this subsection, the Secretary shall prepare a general management plan for the historic site. 11. St. Croix National Heritage Area (a) Definitions In this section: (1) Heritage area The term Heritage Area (2) Local coordinating entity The term local coordinating entity (3) Management plan The term management plan (4) Map The term map Proposed St. Croix National Heritage Area (5) Secretary The term Secretary (6) State The term State (b) St. Croix National Heritage Area (1) Establishment There is established in the State the St. Croix National Heritage Area. (2) Conceptual boundaries The Heritage Area shall consist of the entire island. (3) Map A map of the Heritage Area shall be— (A) included in the management plan; and (B) on file and available for public inspection in the appropriate offices of the National Park Service. (4) Local coordinating entity (A) In general The local coordinating entity for the Heritage Area shall be known as St. Croix United for Community, Culture, Environment, and Economic Development (SUCCEED) Inc. (B) Membership requirements Membership in SUCCEED, Inc. shall be open to a broad cross-section of public, private, and non-governmental sectors including businesses, individuals, agencies, and organizations that were involved in the planning and development of the Heritage Area prior to the enactment of this Act. (c) Administration (1) Authorities For purposes of carrying out the management plan, the Secretary, acting through the local coordinating entity, may use amounts made available under this section to— (A) make grants to the State or a political subdivision of the State, nonprofit organizations, and other persons; (B) enter into cooperative agreements with, or provide technical assistance to, the State or a political subdivision of the State, nonprofit organizations, and other interested parties; (C) hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection, and heritage programming; (D) obtain money or services from any source including any that are provided under any other Federal law or program; (E) contract for goods or services; and (F) undertake to be a catalyst for any other activity that furthers the Heritage Area and is consistent with the approved management plan. (2) Duties The local coordinating entity shall— (A) in accordance with subsection (d), prepare and submit a management plan for the Heritage Area to the Secretary; (B) assist units of local government, regional planning organizations, and nonprofit organizations in carrying out the approved management plan by— (i) carrying out programs and projects that recognize, protect, and enhance important resource values in the Heritage Area; (ii) establishing and maintaining interpretive exhibits and programs in the Heritage Area; (iii) developing recreational and educational opportunities in the Heritage Area; (iv) increasing public awareness of, and appreciation for, natural, historical, scenic, and cultural resources of the Heritage Area; (v) protecting and restoring historic sites and buildings in the Heritage Area that are consistent with Heritage Area themes; (vi) ensuring that clear, consistent, and appropriate signs identifying points of public access, and sites of interest are posted throughout the Heritage Area; and (vii) promoting a wide range of partnerships among governments, organizations, and individuals to further the Heritage Area; (C) consider the interests of diverse units of government, businesses, organizations, and individuals in the Heritage Area in the preparation and implementation of the management plan; (D) conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan; (E) for any year that Federal funds have been received under this section— (i) submit an annual report to the Secretary that describes the activities, expenses, and income of the local coordinating entity (including grants to any other entities during the year that the report is made); (ii) make available to the Secretary for audit all records relating to the expenditure of the funds and any matching funds; and (iii) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the organizations receiving the funds make available to the Secretary for audit all records concerning the expenditure of the funds; and (F) encourage by appropriate means economic viability that is consistent with the Heritage Area. (3) Prohibition on the acquisition of real property The local coordinating entity shall not use Federal funds to acquire real property or any interest in real property. (d) Management plan (1) In general Not later than 3 years after the date of enactment of this Act, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area. (2) Requirements The management plan shall— (A) incorporate an integrated and cooperative approach for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic, and recreational resources of the Heritage Area; (B) take into consideration State and local plans; (C) include— (i) an inventory of— (I) the resources located in the core area described in subsection (b)(2); and (II) any other property in the core area that— (aa) is related to the themes of the Heritage Area; and (bb) should be preserved, restored, managed, or maintained because of the significance of the property; (ii) describe comprehensive policies, goals, strategies and recommendations for telling the story of the heritage of the area covered by the designation and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development; (iii) a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, historical and cultural resources of the Heritage Area; (iv) a program of implementation for the management plan by the local coordinating entity that includes a description of— (I) actions to facilitate ongoing collaboration among partners to promote plans for resource protection, restoration, and construction; and (II) specific commitments for implementation that have been made by the local coordinating entity or any government, organization, or individual for the first 5 years of operation; (v) the identification of sources of funding for carrying out the management plan; (vi) analysis and recommendations for means by which local, State, and Federal programs, may best be coordinated to carry out this section; and (vii) a business plan that describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities contained in the management plan and provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the National Heritage Area; and (D) recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area. (3) Deadline If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date of enactment of this Act, the local coordinating entity shall be ineligible to receive additional funding under this section until the date that the Secretary receives and approves the management plan. (4) Approval or disapproval of management plan (A) In general Not later than 180 days after the date of receipt of the management plan under paragraph (1), the Secretary, in consultation with the State, shall approve or disapprove the management plan. (B) Criteria for approval In determining whether to approve the management plan, the Secretary shall consider whether— (i) the local coordinating entity is representative of the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations; (ii) the local coordinating entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; and (iii) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historical, and cultural resources of the Heritage Area. (C) Action following disapproval If the Secretary disapproves the management plan under subparagraph (A), the Secretary shall— (i) advise the local coordinating entity in writing of the reasons for the disapproval; (ii) make recommendations for revisions to the management plan; and (iii) not later than 180 days after the receipt of any proposed revision of the management plan from the local coordinating entity, approve or disapprove the proposed revision. (D) Amendments (i) In general The Secretary shall approve or disapprove each amendment to the management plan that the Secretary determines make a substantial change to the management plan. (ii) Use of funds The local coordinating entity shall not use Federal funds authorized by this section to carry out any amendments to the management plan until the Secretary has approved the amendments. (e) Relationship to other federal agencies (1) In general Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law. (2) Consultation and coordination The head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the maximum extent practicable. (3) Other federal agencies Nothing in this section— (A) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (B) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or (C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. (f) Private property and regulatory protections Nothing in this section— (1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2) requires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, or local agency, or conveys any land use or other regulatory authority to the local coordinating entity; (4) authorizes or implies the reservation or appropriation of water or water rights; (5) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or (6) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property. (g) Evaluation; report (1) In general Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area, the Secretary shall— (A) conduct an evaluation of the accomplishments of the Heritage Area; and (B) prepare a report in accordance with paragraph (3). (2) Evaluation An evaluation conducted under paragraph (1)(A) shall— (A) assess the progress of the local coordinating entity with respect to— (i) accomplishing the purposes of this section for the Heritage Area; and (ii) achieving the goals and objectives of the approved management plan for the Heritage Area; (B) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and (C) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. (3) Report (A) In general Based on the evaluation conducted under paragraph (1)(A), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area. (B) Required analysis If the report prepared under subparagraph (A) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of— (i) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and (ii) the appropriate time period necessary to achieve the recommended reduction or elimination. (C) Submission to congress On completion of the report, the Secretary shall submit the report to— (i) the Committee on Energy and Natural Resources of the Senate; and (ii) the Committee on Natural Resources of the House of Representatives. (h) Termination of authority The authority of the Secretary to provide assistance under this section terminates on the date that is 15 years after the date of enactment of this Act. 12. Guam War Claims Review Commission (a) Recognition of the suffering and loyalty of the residents of Guam (1) Recognition of the Suffering of the Residents of Guam The United States recognizes that, as described by the Guam War Claims Review Commission, the residents of Guam, on account of their United States nationality, suffered unspeakable harm as a result of the occupation of Guam by Imperial Japanese military forces during World War II, by being subjected to death, rape, severe personal injury, personal injury, forced labor, forced march, or internment. (2) Recognition of the Loyalty of the Residents of Guam The United States forever will be grateful to the residents of Guam for their steadfast loyalty to the United States, as demonstrated by the countless acts of courage they performed despite the threat of death or great bodily harm they faced at the hands of the Imperial Japanese military forces that occupied Guam during World War II. (b) Guam World War II Claims Fund (1) Establishment of fund The Secretary of the Treasury shall establish in the Treasury of the United States a special fund (in this Act referred to as the Claims Fund (2) Composition of fund The Claims Fund established under paragraph (1) shall be composed of amounts deposited into the Claims Fund under paragraph (3) and any other amounts made available for the payment of claims under this Act. (3) Payment of certain duties, taxes, and fees collected from Guam deposited into fund (A) In general Notwithstanding section 30 of the Organic Act of Guam ( 48 U.S.C. 1421h (i) any amount of duties, taxes, and fees collected under such subsection after fiscal year 2012, over (ii) the amount of duties, taxes, and fees collected under such subsection during fiscal year 2012, shall be deposited into the Claims Fund. (B) Application Subparagraph (A) shall not apply after the date for which the Secretary of the Treasury determines that all payments required to be made under subsection (c) have been made. (4) Limitation on payments made from fund (A) In general No payment may be made in a fiscal year under subsection (c) until funds are deposited into the Claims Fund in such fiscal year under paragraph (3). (B) Amounts For each fiscal year in which funds are deposited into the Claims Fund under paragraph (3), the total amount of payments made in a fiscal year under subsection (c) may not exceed the amount of funds available in the Claims Fund for such fiscal year. (5) Deductions from fund for administrative expenses The Secretary of the Treasury shall deduct from any amounts deposited into the Claims Fund an amount equal to 5 per cent of such amounts as reimbursement to the Federal Government for expenses incurred by the Foreign Claims Settlement Commission and by the Department of the Treasury in the administration of this Act. The amounts so deducted shall be covered into the Treasury as miscellaneous receipts. (c) Payments for Guam World War II claims (1) Payments for Death, Personal Injury, Forced Labor, Forced March, and Internment After the Secretary of the Treasury receives the certification from the Chairman of the Foreign Claims Settlement Commission as required under subsection (d)(2)(H), the Secretary of the Treasury shall make payments to compensable Guam victims and survivors of a compensable Guam decedents as follows: (A) Compensable Guam victim Before making any payments under subparagraph (B), the Secretary shall make payments to compensable Guam victims as follows: (i) In the case of a victim who has suffered an injury described in paragraph (3)(B)(i), $15,000. (ii) In the case of a victim who is not described in clause (i), but who has suffered an injury described in paragraph (3)(B)(ii), $12,000. (iii) In the case of a victim who is not described in clause (i) or (ii), but who has suffered an injury described in paragraph (3)(B)(iii), $10,000. (B) Survivors of compensable Guam decedents In the case of a compensable Guam decedent, the Secretary shall pay $25,000 for distribution to survivors of the decedent in accordance with paragraph (2). The Secretary shall make payments under this paragraph only after all payments are made under subparagraph (A). (2) Distribution of Survivor Payments A payment made under paragraph (1)(B) to the survivors of a compensable Guam decedent shall be distributed as follows: (A) In the case of a decedent whose spouse is living as of the date of the enactment of this Act, but who had no living children as of such date, the payment shall be made to such spouse. (B) In the case of a decedent whose spouse is living as of the date of the enactment of this Act and who had one or more living children as of such date, 50 percent of the payment shall be made to the spouse and 50 percent shall be made to such children, to be divided among such children to the greatest extent possible into equal shares. (C) In the case of a decedent whose spouse is not living as of the date of the enactment of this Act and who had one or more living children as of such date, the payment shall be made to such children, to be divided among such children to the greatest extent possible into equal shares. (D) In the case of a decedent whose spouse is not living as of the date of the enactment of this Act and who had no living children as of such date, but who— (i) had a parent who is living as of such date, the payment shall be made to the parent; or (ii) had two parents who are living as of such date, the payment shall be divided equally between the parents. (E) In the case of a decedent whose spouse is not living as of the date of the enactment of this Act, who had no living children as of such date, and who had no parents who are living as of such date, no payment shall be made. (3) Definitions For purposes of this Act: (A) Compensable Guam decedent The term compensable Guam decedent Public Law 79–224 (B) Compensable Guam victim The term compensable Guam victim (i) Rape or severe personal injury (such as loss of a limb, dismemberment, or paralysis). (ii) Forced labor or a personal injury not under subparagraph (A) (such as disfigurement, scarring, or burns). (iii) Forced march, internment, or hiding to evade internment. (C) Definitions of severe personal injuries and personal injuries Not later than 180 days after the date of the enactment of this Act, the Foreign Claims Settlement Commission shall promulgate regulations to specify the injuries that constitute a severe personal injury or a personal injury for purposes of subparagraphs (A) and (B), respectively, of paragraph (2). (d) Adjudication (1) Authority of Foreign Claims Settlement Commission (A) In general The Foreign Claims Settlement Commission shall adjudicate claims and determine the eligibility of individuals for payments under subsection (c). (B) Rules and regulations Not later than 180 days after the date of the enactment of this Act, the Chairman of the Foreign Claims Settlement Commission shall publish in the Federal Register such rules and regulations as may be necessary to enable the Commission to carry out the functions of the Commission under this Act. (2) Claims Submitted for Payments (A) Submittal of claim For purposes of paragraph (1)(A) and subject to subparagraph (B), the Foreign Claims Settlement Commission may not determine an individual is eligible for a payment under subsection (c) unless the individual submits to the Commission a claim in such manner and form and containing such information as the Commission specifies. (B) Filing period for claims and notice (i) Filing period An individual filing a claim for a payment under subsection (c) shall file such claim not later than one year after the date on which the Foreign Claims Settlement Commission publishes the notice described in clause (ii). (ii) Notice of filing period Not later than 180 days after the date of the enactment of this Act, the Foreign Claims Settlement Commission shall publish a notice of the deadline for filing a claim described in clause (i)— (I) in the Federal Register; and (II) in newspaper, radio, and television media in Guam. (C) Adjudicatory decisions The decision of the Foreign Claims Settlement Commission on each claim filed under this Act shall— (i) be by majority vote; (ii) be in writing; (iii) state the reasons for the approval or denial of the claim; and (iv) if approved, state the amount of the payment awarded and the distribution, if any, to be made of the payment. (D) Deductions in payment The Foreign Claims Settlement Commission shall deduct, from a payment made to a compensable Guam victim or survivors of a compensable Guam decedent under this subsection, amounts paid to such victim or survivors under the Guam Meritorious Claims Act of 1945 ( Public Law 79–224 (E) Interest No interest shall be paid on payments made by the Foreign Claims Settlement Commission under subsection (c). (F) Limited compensation for provision of representational services (i) Limit on compensation Any agreement under which an individual who provided representational services to an individual who filed a claim for a payment under this Act that provides for compensation to the individual who provided such services in an amount that is more than one percent of the total amount of such payment shall be unlawful and void. (ii) Penalties Whoever demands or receives any compensation in excess of the amount allowed under subparagraph (A) shall be fined not more than $5,000 or imprisoned not more than one year, or both. (G) Appeals and finality Objections and appeals of decisions of the Foreign Claims Settlement Commission shall be to the Commission, and upon rehearing, the decision in each claim shall be final, and not subject to further review by any court or agency. (H) Certifications for payment After a decision approving a claim becomes final, the Chairman of the Foreign Claims Settlement Commission shall certify such decision to the Secretary of the Treasury for authorization of a payment under subsection (c). (I) Treatment of affidavits For purposes of subsection (c) and subject to subparagraph (B), the Foreign Claims Settlement Commission shall treat a claim that is accompanied by an affidavit of an individual that attests to all of the material facts required for establishing the eligibility of such individual for payment under such subsection as establishing a prima facie case of the eligibility of the individual for such payment without the need for further documentation, except as the Commission may otherwise require. Such material facts shall include, with respect to a claim for a payment made under subsection (c)(1), a detailed description of the injury or other circumstance supporting the claim involved, including the level of payment sought. (J) Release of related claims Acceptance of a payment under subsection (c) by an individual for a claim related to a compensable Guam decedent or a compensable Guam victim shall be in full satisfaction of all claims related to such decedent or victim, respectively, arising under the Guam Meritorious Claims Act of 1945 ( Public Law 79–224 Public Law 79–224 13. Use of certain expenditures as in-kind contributions (a) In General Except as provided under subsection (c), local matching requirements required of an affected jurisdiction for Federal programs may be paid in cash or in-kind services provided by the affected jurisdiction pursuant to the following: (1) Section 311 of the Compact of Free Association between the Government of the United States and the Government of the Federated States of Micronesia, approved in the Compact of Free Association Amendments Act of 2003 ( Public Law 108–188 (2) Section 311 of the Compact of Free Association between the Government of the United States and the Government of the Republic of the Marshall Islands, approved in the Compact of Free Association Amendments Act of 2003 ( Public Law 108–188 (3) The Compact of Free Association between the Government of the United States and the Government of the Republic of Palau, approved in the Palau Compact of Free Association Act ( Public Law 99–658 (b) Determination of Amounts To Be Considered In-Kind Contributions The Secretary of the Interior shall determine the amounts that may be considered in-kind contributions for an affected jurisdiction under this section based on a reasonable estimate of the amount of impact expenditures for the Freely Associated States. (c) Competitive Grants Local matching requirements required of an affected jurisdiction for Federal competitive grant programs may not be paid with in-kind services under this section. (d) Affected Jurisdictions The term affected jurisdiction Public Law 108–188 14. Improvements in HUD assisted programs Section 214(a)(7) of the Housing and Community Development Act of 1980 ( 42 U.S.C. 1436a(a)(7) such alien any citizen or national of the United States shall be entitled to a preference or priority in receiving assistance before any such alien who is otherwise eligible for such assistance. 15. Benefit to cost ratio study for projects in American Samoa (a) Study The Comptroller General of the United States shall conduct a study regarding the use of benefit-to-cost ratio formulas by Federal departments and agencies for purposes of evaluating projects in American Samoa. (b) Contents In conducting the study, the Comptroller General shall— (1) assess whether the benefit-to-cost ratio formulas described in subsection (a) take into consideration— (A) the remote locations in, and the cost of transportation to and from, American Samoa; and (B) other significant factors that are not comparable to locations within the 48 contiguous States; and (2) assess, in particular, the use of benefit-to-cost ratio formulas by— (A) the Secretary of Transportation with respect to airport traffic control tower programs; and (B) the Secretary of the Army, acting through the Corps of Engineers, with respect to a harbor project or other water resources development project. (3) Report to Congress Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study. 16. Waiver of local matching requirements (a) Waiver of certain matching requirements Section 501 of the Act entitled An Act to authorize certain appropriations for the territories of the United States, to amend certain Acts relating thereto, and for other purposes 48 U.S.C. 1469a (1) in the last sentence of subsection (d), by striking by law (2) by adding at the end the following new subsection: (e) Notwithstanding any other provision of law, in the case of American Samoa, Guam, the Virgin Islands, and the Northern Mariana Islands, each department or agency of the United States shall waive any requirement for local matching funds (including in-kind contributions) that the insular area would otherwise be required to provide for any non-competitive grant as follows: (1) For a grant requiring matching funds (including in-kind contributions) of $500,000 or less, the entire matching requirement shall be waived. (2) For a grant requiring matching funds (including in-kind contributions) of more than $500,000, $500,000 of the matching requirement shall be waived. . (b) Conforming amendment Section 601 of the Act entitled An Act to authorize appropriations for certain insular areas of the United States, and for other purposes 48 U.S.C. 1469a , and adding the following sentence Islands’. 17. Fishery endorsements Section 12113 (j) Certain exemption Paragraph (3) of subsection (a) shall not apply to any vessel— (1) the catch of which, pursuant to the fishery endorsement, is offloaded and processed in American Samoa; and (2) that was rebuilt outside of the United States before January 1, 2011. . 18. Effects of minimum wage differentials in American Samoa Section 8104 of the Fair Minimum Wage Act of 2007 ( 29 U.S.C. 206 (c) Effects of Minimum Wage differentials in American Samoa The reports required under this section shall include an analysis of the economic effects on employees and employers of the differentials in minimum wage rates among industries and classifications in American Samoa under section 697 of title 29, Code of Federal Regulations, including the potential effects of eliminating such differentials prior to the time when such rates are scheduled to be equal to the minimum wage set forth in section 6(a)(1) of the Fair Labor Standards Act ( 29 U.S.C. 206(a)(1) . 19. American Samoa Citizenship Plebiscite Act (a) Short title This section may be cited as the American Samoa Citizenship Plebiscite Act (b) Findings and purpose (1) Findings Congress finds the following: (A) Under the Immigration and Nationality Act, persons born in Puerto Rico, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands are citizens of the United States at birth. Persons born in the United States territory of American Samoa are nationals of the United States, but not citizens, at birth. (B) The term national of the United States (C) For more than 100 years, American Samoans who are United States nationals have demonstrated their loyalty and allegiance to the United States. On April 17, 1900, the village chiefs of Tutuila and Aunu’u ceded their islands to the United States. On July 16, 1904, his Majesty King Tuimanu’a of the Manu’a Islands and his village chiefs did the same. On February 20, 1929, the United States Congress officially ratified the Treaty of Cession of Tutuila and Aunu’u and the Treaty of Cession of Manu’a. On March 4, 1925, by Joint Resolution of the United States Congress, American sovereignty was officially extended over Swains Island and it was placed under the jurisdiction of the government of American Samoa. (D) Since ratification of the Treaties of Cession, many American Samoans who are United States nationals have joined the United States Armed Forces and fought for the United States during World War II, the Korean, Vietnam, and Persian Gulf wars, and most recently in Iraq and Afghanistan. (E) It is the responsibility of the Secretary of Interior to advance the economic, social and political development of the territories of the United States. (2) Purpose The purpose of this section is to provide for a federally authorized vote in American Samoa on the question of citizenship and if a majority of voters vote for citizenship, to describe the steps that the President and Congress shall take to enable American Samoans to be granted citizenship. (c) Citizenship vote The Secretary of Interior shall direct the American Samoa Election Office to conduct a plebiscite on the issue of whether persons born in American Samoa desire United States citizenship. As United States Citizens: (A) Individuals born in American Samoa would be United States citizens by Federal law. (B) All persons living in American Samoa who are United States nationals will become United States citizens. Persons born in American Samoa will no longer be United States nationals. Do you want persons born in American Samoa to become United States citizens? Yes __ No__? . 20. Eligibility for marine turtle conservation assistance The Marine Turtle Conservation Act of 2004 is amended— (1) in each of sections 2(b) and 3(2) ( 16 U.S.C. 6601(b) and territories of the United States foreign countries (2) in section 3 ( 16 U.S.C. 6602 (7) Territory of the United States The term territory of the United States ; and (3) in section 4(b)(1)(A) ( 16 U.S.C. 6603(b)(1)(A) or territory of the United States foreign country 1. Short title This Act may be cited as the Omnibus Territories Act of 2013 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Amendments to the Consolidated Natural Resources Act. Sec. 4. Study of electric rates in the insular areas. Sec. 5. Reports on estimates of revenues. Sec. 6. Low-income home energy assistance program. Sec. 7. Guam War Claims Review Commission. Sec. 8. Improvements in HUD assisted programs. Sec. 9. Benefit to cost ratio study for projects in American Samoa. Sec. 10. Waiver of local matching requirements. Sec. 11. Fishery endorsements. Sec. 12. Effects of Minimum Wage differentials in American Samoa. Sec. 13. Office of National Drug Control Policy. Sec. 14. Drivers' licenses and personal identification cards. 3. Amendments to the Consolidated Natural Resources Act Section 6 of the Joint Resolution entitled A Joint Resolution to approve the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America Public Law 94–241 (1) in subsection (a)— (A) in paragraph (2), by striking December 31, 2014, except as provided in subsections (b) and (d) December 31, 2019 (B) by striking paragraph (6), and inserting the following: (6) Certain Education Funding (A) In general In addition to fees charged pursuant to section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356 (m)) to recover the full costs of providing adjudication services, the Secretary of Homeland Security shall charge an annual supplemental fee of $150 per nonimmigrant worker to each prospective employer who is issued a permit under subsection (d) of this section during the transition program. Such supplemental fee shall be paid into the Treasury of the Commonwealth government for the purpose of funding ongoing vocational educational curricula and program development by Commonwealth educational entities. (B) Plan for the expenditure of funds At the beginning of each fiscal year, and prior to the payment of the supplemental fee into the Treasury of the Commonwealth government in that fiscal year, the Commonwealth government must provide to the Secretary of Labor, a plan for the expenditure of funds received under this paragraph, a projection of the effectiveness of these expenditures in the placement of United States workers into jobs, and a report on the changes in employment of United States workers attributable to prior year expenditures. (C) Report The Secretary of Labor shall report to the Congress every 2 years on the effectiveness of meeting the goals set out by the Commonwealth government in its annual plan for the expenditure of funds. ; 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 ending on December 31, 2019 (B) by striking paragraph (5); and (C) by redesignating paragraph (6) as paragraph (5). 4. Study of electric rates in the insular areas (a) Definitions In this section: (1) Comprehensive energy plan The term comprehensive energy plan An Act to authorize appropriations for certain insular areas of the United States, and for other purposes 48 U.S.C. 1492 (2) Energy action plan The term energy action plan (3) Freely associated states The term Freely Associated States (4) Insular areas The term insular areas (5) Secretary The term Secretary (6) Team The term team (b) Establishment Not later than 180 days after the date of 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. 5. Reports on estimates of revenues The Comptroller General of the United States shall submit to the appropriate committees of Congress a report that— (1) evaluates whether the annual estimates or forecasts of revenue and expenditure of American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands are reasonable; and (2) as the Comptroller General of the United States determines to be necessary, makes recommendations for improving the process for developing estimates or forecasts. 6. Low-income home energy assistance program With respect to fiscal years 2014 through 2017, the percentage described in section 2605(b)(2)(B)(i) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624(b)(2)(B)(i)) shall be 300 percent when applied to households located in the Virgin Islands. 7. Guam War Claims Review Commission (a) Recognition of the suffering and loyalty of the residents of Guam (1) Recognition of the Suffering of the Residents of Guam The United States recognizes that, as described by the Guam War Claims Review Commission, the residents of Guam, on account of their United States nationality, suffered unspeakable harm as a result of the occupation of Guam by Imperial Japanese military forces during World War II, by being subjected to death, rape, severe personal injury, personal injury, forced labor, forced march, or internment. (2) Recognition of the Loyalty of the Residents of Guam The United States forever will be grateful to the residents of Guam for their steadfast loyalty to the United States, as demonstrated by the countless acts of courage they performed despite the threat of death or great bodily harm they faced at the hands of the Imperial Japanese military forces that occupied Guam during World War II. (b) Guam World War II Claims Fund (1) Establishment of fund The Secretary of the Treasury shall establish in the Treasury of the United States a special fund (in this Act referred to as the Claims Fund (2) Composition of fund The Claims Fund established under paragraph (1) shall be composed of amounts deposited into the Claims Fund under paragraph (3) and any other amounts made available for the payment of claims under this Act. (3) Payment of certain duties, taxes, and fees collected from Guam deposited into fund (A) In general Notwithstanding section 30 of the Organic Act of Guam (48 U.S.C. 1421h), the excess of— (i) any amount of duties, taxes, and fees collected under such subsection after fiscal year 2012, over (ii) the amount of duties, taxes, and fees collected under such subsection during fiscal year 2012, shall be deposited into the Claims Fund. (B) Application Subparagraph (A) shall not apply after the date for which the Secretary of the Treasury determines that all payments required to be made under subsection (c) have been made. (4) Limitation on payments made from fund (A) In general No payment may be made in a fiscal year under subsection (c) until funds are deposited into the Claims Fund in such fiscal year under paragraph (3). (B) Amounts For each fiscal year in which funds are deposited into the Claims Fund under paragraph (3), the total amount of payments made in a fiscal year under subsection (c) may not exceed the amount of funds available in the Claims Fund for such fiscal year. (5) Deductions from fund for administrative expenses The Secretary of the Treasury shall deduct from any amounts deposited into the Claims Fund an amount equal to 5 per cent of such amounts as reimbursement to the Federal Government for expenses incurred by the Foreign Claims Settlement Commission and by the Department of the Treasury in the administration of this Act. The amounts so deducted shall be covered into the Treasury as miscellaneous receipts. (c) Payments for Guam World War II claims (1) Payments for Death, Personal Injury, Forced Labor, Forced March, and Internment After the Secretary of the Treasury receives the certification from the Chairman of the Foreign Claims Settlement Commission as required under subsection (d)(2)(H), the Secretary of the Treasury shall make payments to compensable Guam victims and survivors of a compensable Guam decedents as follows: (A) Compensable Guam victim Before making any payments under subparagraph (B), the Secretary shall make payments to compensable Guam victims as follows: (i) In the case of a victim who has suffered an injury described in paragraph (3)(B)(i), $15,000. (ii) In the case of a victim who is not described in clause (i), but who has suffered an injury described in paragraph (3)(B)(ii), $12,000. (iii) In the case of a victim who is not described in clause (i) or (ii), but who has suffered an injury described in paragraph (3)(B)(iii), $10,000. (B) Survivors of compensable Guam decedents In the case of a compensable Guam decedent, the Secretary shall pay $25,000 for distribution to survivors of the decedent in accordance with paragraph (2). The Secretary shall make payments under this paragraph only after all payments are made under subparagraph (A). (2) Distribution of Survivor Payments A payment made under paragraph (1)(B) to the survivors of a compensable Guam decedent shall be distributed as follows: (A) In the case of a decedent whose spouse is living as of the date of the enactment of this Act, but who had no living children as of such date, the payment shall be made to such spouse. (B) In the case of a decedent whose spouse is living as of the date of the enactment of this Act and who had one or more living children as of such date, 50 percent of the payment shall be made to the spouse and 50 percent shall be made to such children, to be divided among such children to the greatest extent possible into equal shares. (C) In the case of a decedent whose spouse is not living as of the date of the enactment of this Act and who had one or more living children as of such date, the payment shall be made to such children, to be divided among such children to the greatest extent possible into equal shares. (D) In the case of a decedent whose spouse is not living as of the date of the enactment of this Act and who had no living children as of such date, but who— (i) had a parent who is living as of such date, the payment shall be made to the parent; or (ii) had two parents who are living as of such date, the payment shall be divided equally between the parents. (E) In the case of a decedent whose spouse is not living as of the date of the enactment of this Act, who had no living children as of such date, and who had no parents who are living as of such date, no payment shall be made. (3) Definitions For purposes of this Act: (A) Compensable Guam decedent The term compensable Guam decedent Public Law 79–224 (B) Compensable Guam victim The term compensable Guam victim (i) Rape or severe personal injury (such as loss of a limb, dismemberment, or paralysis). (ii) Forced labor or a personal injury not under subparagraph (A) (such as disfigurement, scarring, or burns). (iii) Forced march, internment, or hiding to evade internment. (C) Definitions of severe personal injuries and personal injuries Not later than 180 days after the date of the enactment of this Act, the Foreign Claims Settlement Commission shall promulgate regulations to specify the injuries that constitute a severe personal injury or a personal injury for purposes of subparagraphs (A) and (B), respectively, of paragraph (2). (d) Adjudication (1) Authority of Foreign Claims Settlement Commission (A) In general The Foreign Claims Settlement Commission shall adjudicate claims and determine the eligibility of individuals for payments under subsection (c). (B) Rules and regulations Not later than 180 days after the date of the enactment of this Act, the Chairman of the Foreign Claims Settlement Commission shall publish in the Federal Register such rules and regulations as may be necessary to enable the Commission to carry out the functions of the Commission under this Act. (2) Claims Submitted for Payments (A) Submittal of claim For purposes of paragraph (1)(A) and subject to subparagraph (B), the Foreign Claims Settlement Commission may not determine an individual is eligible for a payment under subsection (c) unless the individual submits to the Commission a claim in such manner and form and containing such information as the Commission specifies. (B) Filing period for claims and notice (i) Filing period An individual filing a claim for a payment under subsection (c) shall file such claim not later than one year after the date on which the Foreign Claims Settlement Commission publishes the notice described in clause (ii). (ii) Notice of filing period Not later than 180 days after the date of the enactment of this Act, the Foreign Claims Settlement Commission shall publish a notice of the deadline for filing a claim described in clause (i)— (I) in the Federal Register; and (II) in newspaper, radio, and television media in Guam. (C) Adjudicatory decisions The decision of the Foreign Claims Settlement Commission on each claim filed under this Act shall— (i) be by majority vote; (ii) be in writing; (iii) state the reasons for the approval or denial of the claim; and (iv) if approved, state the amount of the payment awarded and the distribution, if any, to be made of the payment. (D) Deductions in payment The Foreign Claims Settlement Commission shall deduct, from a payment made to a compensable Guam victim or survivors of a compensable Guam decedent under this subsection, amounts paid to such victim or survivors under the Guam Meritorious Claims Act of 1945 (Public Law 79–224) before the date of the enactment of this Act. (E) Interest No interest shall be paid on payments made by the Foreign Claims Settlement Commission under subsection (c). (F) Limited compensation for provision of representational services (i) Limit on compensation Any agreement under which an individual who provided representational services to an individual who filed a claim for a payment under this Act that provides for compensation to the individual who provided such services in an amount that is more than one percent of the total amount of such payment shall be unlawful and void. (ii) Penalties Whoever demands or receives any compensation in excess of the amount allowed under subparagraph (A) shall be fined not more than $5,000 or imprisoned not more than one year, or both. (G) Appeals and finality Objections and appeals of decisions of the Foreign Claims Settlement Commission shall be to the Commission, and upon rehearing, the decision in each claim shall be final, and not subject to further review by any court or agency. (H) Certifications for payment After a decision approving a claim becomes final, the Chairman of the Foreign Claims Settlement Commission shall certify such decision to the Secretary of the Treasury for authorization of a payment under subsection (c). (I) Treatment of affidavits For purposes of subsection (c) and subject to subparagraph (B), the Foreign Claims Settlement Commission shall treat a claim that is accompanied by an affidavit of an individual that attests to all of the material facts required for establishing the eligibility of such individual for payment under such subsection as establishing a prima facie case of the eligibility of the individual for such payment without the need for further documentation, except as the Commission may otherwise require. Such material facts shall include, with respect to a claim for a payment made under subsection (c)(1), a detailed description of the injury or other circumstance supporting the claim involved, including the level of payment sought. (J) Release of related claims Acceptance of a payment under subsection (c) by an individual for a claim related to a compensable Guam decedent or a compensable Guam victim shall be in full satisfaction of all claims related to such decedent or victim, respectively, arising under the Guam Meritorious Claims Act of 1945 ( Public Law 79–224 8. Improvements in HUD assisted programs Section 214(a)(7) of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a(a)(7)) is amended by striking such alien citizen or national of the United States shall be entitled to a preference or priority in receiving assistance before any such alien who is otherwise eligible for such assistance. 9. Benefit to cost ratio study for projects in American Samoa (a) Study The Comptroller General of the United States shall conduct a study regarding the use of benefit-to-cost ratio formulas by Federal departments and agencies for purposes of evaluating projects in American Samoa. (b) Contents In conducting the study, the Comptroller General shall— (1) assess whether the benefit-to-cost ratio formulas described in subsection (a) take into consideration— (A) the remote locations in, and the cost of transportation to and from, American Samoa; and (B) other significant factors that are not comparable to locations within the 48 contiguous States; and (2) assess, in particular, the use of benefit-to-cost ratio formulas by— (A) the Secretary of Transportation with respect to airport traffic control tower programs; and (B) the Secretary of the Army, acting through the Corps of Engineers, with respect to a harbor project or other water resources development project. (3) Report to Congress Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study. 10. Waiver of local matching requirements (a) Waiver of certain matching requirements Section 501 of the Act entitled An Act to authorize certain appropriations for the territories of the United States, to amend certain Acts relating thereto, and for other purposes 48 U.S.C. 1469a (1) in the last sentence of subsection (d), by striking by law (2) by adding at the end the following new subsection: (e) Notwithstanding any other provision of law, in the case of American Samoa, Guam, the Virgin Islands, and the Northern Mariana Islands, each department or agency of the United States shall waive any requirement for local matching funds (including in-kind contributions) that the insular area would otherwise be required to provide for any non-competitive grant as follows: (1) For a grant requiring matching funds (including in-kind contributions) of $500,000 or less, the entire matching requirement shall be waived. (2) For a grant requiring matching funds (including in-kind contributions) of more than $500,000, $500,000 of the matching requirement shall be waived. . (b) Conforming amendment Section 601 of the Act entitled An Act to authorize appropriations for certain insular areas of the United States, and for other purposes 48 U.S.C. 1469a , and adding the following sentence Islands’. 11. Fishery endorsements Section 12113 of title 46, United States Code, is amended by adding at the end the following: (j) Certain exemption Paragraph (3) of subsection (a) shall not apply to any vessel— (1) that offloads its catch in part or full in American Samoa; and (2) that was rebuilt outside of the United States before January 1, 2011. . 12. Effects of Minimum Wage differentials in American Samoa Section 8104 of the Fair Minimum Wage Act of 2007 ( 29 U.S.C. 206 (c) Effects of Minimum Wage differentials in American Samoa The reports required under this section shall include an analysis of the economic effects on employees and employers of the differentials in minimum wage rates among industries and classifications in American Samoa under section 697 . 13. Office of National Drug Control Policy (a) Caribbean border counternarcotics strategy The Office of National Drug Control Policy shall develop a biennial Caribbean Border Counternarcotics Strategy, that is made available to the public, with emphasis on the borders of Puerto Rico and the Virgin Islands of the United States, on terms substantially equivalent to the existing Southwest Border Counternarcotics Strategy and the Northern Border Counternarcotics Strategy. (b) Amendment Section 704(b)(13)(B) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1703(b)(13)(B)) is amended by inserting the borders of Puerto Rico and the Virgin Islands of the United States and in particular 14. Drivers' licenses and personal identification cards (a) Definition of State Section 201(5) of the REAL ID Act of 2005 ( 49 U.S.C. 30301 Public Law 109–13 the Trust Territory of the Pacific Islands, (b) Evidence of lawful status Section 202(c)(2)(B) of the REAL ID Act of 2005 ( 49 U.S.C. 30301 Public Law 109–13 (1) in clause (viii), by striking or (2) in clause (ix), by striking the period at the end and inserting ; or (3) by adding at the end the following: (x) is a citizen of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau who has been admitted to the United States as a nonimmigrant pursuant to a Compact of Free Association between the United States and the Republic or Federated States. . April 8, 2014 Reported with an amendment

Omnibus Territories Act of 2013

Keep Student Loans Affordable Act of 2013 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to extend the 3.4% interest rate on Direct Stafford loans first disbursed to undergraduate students between July 1, 2011, and July 1, 2013, to Direct Stafford loans first disbursed to undergraduate students between July 1, 2011, and July 1, 2014. Amends the Internal Revenue Code to modify rules for required distributions from tax-exempt pension plans to an employee who dies before such employee's entire interest is distributed to require such interest to be distributed within five years after the death of such employee, subject to exceptions for an eligible designated beneficiary and surviving spouse of such employee. Defines "eligible designated beneficiary" to include a disabled or chronically-ill individual. Exempts from such modification a binding annuity contract in effect on the enactment date of this Act.

To amend the Higher Education Act of 1965 to extend the current reduced interest rate for undergraduate Federal Direct Stafford Loans for 1 year, to modify required distribution rules for pension plans, and for other purposes. 1. Short title This Act may be cited as the Keep Student Loans Affordable Act of 2013 2. Interest rate extension Section 455(b)(7)(D) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(b)(7)(D) (1) in the matter preceding clause (i), by striking and before July 1, 2013, and before July 1, 2014, (2) in clause (v), by striking and before July 1, 2013, and before July 1, 2014, 3. Modifications of required distribution rules for pension plans (a) In general Section 401(a)(9)(B) (B) Required distributions where employee dies before entire interest is distributed (i) 5-year general rule A trust shall not constitute a qualified trust under this section unless the plan provides that, if an employee dies before the distribution of the employee's interest (whether or not such distribution has begun in accordance with subparagraph (A)), the entire interest of the employee will be distributed within 5 years after the death of such employee. (ii) Exception for eligible designated beneficiaries If— (I) any portion of the employee's interest is payable to (or for the benefit of) an eligible designated beneficiary, (II) such portion will be distributed (in accordance with regulations) over the life of such eligible designated beneficiary (or over a period not extending beyond the life expectancy of such beneficiary), and (III) such distributions begin not later than 1 year after the date of the employee's death or such later date as the Secretary may by regulations prescribe, then, for purposes of clause (i) and except as provided in clause (iv) or subparagraph (E)(iii), the portion referred to in subclause (I) shall be treated as distributed on the date on which such distributions begin. (iii) Special rule for surviving spouse of employee If the eligible designated beneficiary referred to in clause (ii)(I) is the surviving spouse of the employee— (I) the date on which the distributions are required to begin under clause (ii)(III) shall not be earlier than the date on which the employee would have attained age 70½, and (II) if the surviving spouse dies before the distributions to such spouse begin, this subparagraph shall be applied as if the surviving spouse were the employee. (iv) Rules upon death of eligible designated beneficiary If an eligible designated beneficiary dies before the portion of an employee's interest described in clause (ii) is entirely distributed, clause (ii) shall not apply to any beneficiary of such eligible designated beneficiary and the remainder of such portion shall be distributed within 5 years after the death of such beneficiary. . (b) Definition of eligible designated beneficiary Section 401(a)(9)(E) of the Internal Revenue Code of 1986 is amended to read as follows: (E) Definitions and rules relating to designated beneficiary For purposes of this paragraph— (i) Designated beneficiary The term designated beneficiary (ii) Eligible designated beneficiary The term eligible designated beneficiary (I) the surviving spouse of the employee, (II) subject to clause (iii), a child of the employee who has not reached majority (within the meaning of subparagraph (F)), (III) disabled (within the meaning of section 72(m)(7)), (IV) a chronically ill individual (within the meaning of section 7702B(c)(2), except that the requirements of subparagraph (A)(i) thereof shall only be treated as met if there is a certification that, as of such date, the period of inability described in such subparagraph with respect to the individual is an indefinite one that is reasonably expected to be lengthy in nature), or (V) an individual not described in any of the preceding subparagraphs who is not more than 10 years younger than the employee. (iii) Special rule for children Subject to subparagraph (F), an individual described in clause (ii)(II) shall cease to be an eligible designated beneficiary as of the date the individual reaches majority and the requirement of subparagraph (B)(i) shall not be treated as met with respect to any remaining portion of an employee's interest payable to the individual unless such portion is distributed within 5 years after such date. . (c) Required beginning date Section 401(a)(9)(C) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause: (v) Employees becoming 5-percent owners after age 70 1/2 If an employee becomes a 5-percent owner (as defined in section 416) with respect to a plan year ending in a calendar year after the calendar year in which the employee attains age 70 1/2 . (d) Effective dates (1) In general Except as provided in this subsection, the amendments made by this section shall apply to distributions with respect to employees who die after December 31, 2013. (2) Required beginning date (A) In general The amendment made by subsection (c) shall apply to employees becoming a 5-percent owner with respect to plan years ending in calendar years beginning before, on, or after the date of the enactment of this Act. (B) Special rule If— (i) an employee became a 5-percent owner with respect to a plan year ending in a calendar year which began before January 1, 2013, and (ii) the employee has not retired before calendar year 2014, such employee shall be treated as having become a 5-percent owner with respect to a plan year ending in 2013 for purposes of applying section 401(a)(9)(C)(v) of the Internal Revenue Code of 1986 (as added by the amendment made by subsection (c)). (3) Exception for certain beneficiaries If a designated beneficiary of an employee who dies before January 1, 2014, dies after December 31, 2013— (A) the amendments made by this section shall apply to any beneficiary of such designated beneficiary, and (B) the designated beneficiary shall be treated as an eligible designated beneficiary for purposes of applying section 401(a)(9)(B)(iv) of such Code (as in effect after the amendments made by this section). (4) Exception for certain existing annuity contracts (A) In general The amendments made by this section shall not apply to a qualified annuity which is a binding annuity contract in effect on the date of the enactment of this Act and at all times thereafter. (B) Qualified annuity contract For purposes of this paragraph, the term qualified annuity (i) which is a commercial annuity (as defined in section 3405(e)(6) of such Code) or payable by a defined benefit plan, (ii) under which the annuity payments are substantially equal periodic payments (not less frequently than annually) over the lives of such employee and a designated beneficiary (or over a period not extending beyond the life expectancy of such employee or the life expectancy of such employee and a designated beneficiary) in accordance with the regulations described in section 401(a)(9)(A)(ii) of such Code (as in effect before such amendments) and which meets the other requirements of this section 401(a)(9) of such Code (as so in effect) with respect to such payments, and (iii) with respect to which— (I) annuity payments to the employee have begun before January 1, 2014, and the employee has made an irrevocable election before such date as to the method and amount of the annuity payments to the employee or any designated beneficiaries, or (II) if subclause (I) does not apply, the employee has made an irrevocable election before the date of the enactment of this Act as to the method and amount of the annuity payments to the employee or any designated beneficiaries. June 27, 2013 Read twice and ordered placed on the calendar

Keep Student Loans Affordable Act of 2013

Scleroderma Research and Awareness Act - Requires the Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases to expand, intensify, and coordinate the Institute's activities with respect to scleroderma, with particular emphasis on: (1) research focused on the etiology of scleroderma and the development of new treatment options, (2) clinical research to evaluate new treatment options, (3) basic research on the relationship between scleroderma and secondary conditions, (4) establishment of scleroderma patient registries, and (5) support for training of new clinicians and investigators with expertise in scleroderma. Directs the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention (CDC), to carry out an educational campaign to increase public awareness of scleroderma.

To expand the research and awareness activities of the National Institute of Arthritis and Musculoskeletal and Skin Diseases and the Centers for Disease Control and Prevention with respect to scleroderma, and for other purposes. 1. Short title This Act may be cited as the Scleroderma Research and Awareness Act 2. Findings The Congress finds as follows: (1) Scleroderma is a chronic, disabling and often fatal autoimmune disease in which the body’s soft tissues contract and harden due to an overproduction of collagen. (2) Scleroderma causes damage to one or more of the body’s organ systems, including the skin, heart, lungs, kidneys, gastrointestinal tract, and blood vessels. (3) It is estimated that 300,000 people in the United States suffer from scleroderma, 80 percent of whom are women often diagnosed during their child bearing years. (4) Choctaw Native Americans, African-Americans, and Hispanics are disproportionately affected by scleroderma and tend to exhibit more rapidly progressing and severe cases of the disease. (5) The causes of scleroderma are unknown. (6) Scleroderma is associated with many other conditions including pulmonary hypertension, gastroparesis, Raynaud’s phenomenon, Sjögren’s Syndrome and lupus. (7) The estimated total annual economic impact of scleroderma in the United States is in excess of $1,500,000,000. (8) Annual Federal support for scleroderma research at the National Institutes of Health is currently estimated at $20,000,000. 3. National institute of arthritis and musculoskeletal and skin diseases; scleroderma research expansion (a) In general The Director of The National Institute of Arthritis and Musculoskeletal and Skin Diseases shall expand, intensify, and coordinate the activities of the Institute with respect to scleroderma, with particular emphasis on the following areas: (1) Research focused on the etiology of scleroderma and the development of new treatment options. (2) Clinical research to evaluate new treatments options. (3) Basic research on the relationship between scleroderma and secondary conditions such as pulmonary hypertension, gastroparesis, Raynaud’s phenomenon, Sjögren’s Syndrome (and other diseases as determined by the Director). (4) Establishment of scleroderma patient registries, including family and childhood onset registries. (5) Support for training of new clinicians and investigators with expertise in scleroderma. (b) Biennial reports As a part of the biennial report made under section 403 of the Public Health Service Act ( 42 U.S.C. 283 (c) Authorization of appropriations (1) In general For the purpose of carrying out subsection (a), there are authorized to be appropriated $25,000,000 in fiscal year 2014, $30,000,000 in fiscal year 2015, and $35,000,000 in fiscal year 2016. (2) Reservations Of the amounts authorized to be appropriated under paragraph (1), not more than 15 percent shall be reserved for the training of qualified health professionals in biomedical research focused on scleroderma. 4. Promoting public awareness of scleroderma (a) In General The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall carry out an educational campaign to increase public awareness of scleroderma. Print, video, and Web-based materials distributed under this program may include— (1) basic information on scleroderma and its symptoms; (2) information on the incidence and prevalence of scleroderma; (3) diseases and conditions affiliated with scleroderma; or (4) the importance of early diagnosis and treatment. (b) Dissemination of Information The Secretary is encouraged to disseminate information under subsection (a) through a cooperative agreement with a national nonprofit entity with expertise in scleroderma. (c) Report to Congress Not later than September 30, 2013, the Secretary shall report to the Committees on Health, Education, Labor, and Pensions and Appropriations of the Senate and the Committees on Energy and Commerce and Appropriations of the House of Representatives on the status of activities under this section. (d) Authorization of Appropriations For the purpose of carrying out this section, there is authorized to be appropriated $2,500,000 for each of fiscal years 2014, 2015, and 2016.

Scleroderma Research and Awareness Act

No Budget, No Pay Act - Prohibits the payment of any pay to any Member of Congress (excluding the Vice President): (1) if both houses of Congress have not approved a concurrent resolution on the budget for a fiscal year before October 1 of that fiscal year and have not passed all the regular appropriations bills for the next fiscal year by such date, or (2) until both houses of Congress approve such a budget resolution and pass all such appropriations bills. Prohibits any retroactive pay for such a period.

To provide that Members of Congress may not receive pay after October 1 of any fiscal year in which Congress has not approved a concurrent resolution on the budget and passed the regular appropriations bills. 1. Short title This Act may be cited as the No Budget, No Pay Act 2. Definition In this section, the term Member of Congress (1) has the meaning given under section 2106 (2) does not include the Vice President. 3. Timely approval of concurrent resolution on the budget and the appropriations bills If both Houses of Congress have not approved a concurrent resolution on the budget as described under section 301 of the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 632 4. No pay without concurrent resolution on the budget and the appropriations bills (a) In general Notwithstanding any other provision of law, no funds may be appropriated or otherwise be made available from the United States Treasury for the pay of any Member of Congress during any period determined by the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the Senate or the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the House of Representatives under section 5. (b) No retroactive pay A Member of Congress may not receive pay for any period determined by the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the Senate or the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the House of Representatives under section 5, at any time after the end of that period. 5. Determinations (a) Senate (1) Request for certifications On October 1 of each year, the Secretary of the Senate shall submit a request to the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the Senate for certification of determinations made under paragraph (2) (A) and (B). (2) Determinations The Chairpersons of the Committee on the Budget and the Committee on Appropriations of the Senate shall— (A) on October 1 of each year, make a determination of whether Congress is in compliance with section 3 and whether Senators may not be paid under that section; (B) determine the period of days following each October 1 that Senators may not be paid under section 3; and (C) provide timely certification of the determinations under subparagraphs (A) and (B) upon the request of the Secretary of the Senate. (b) House of Representatives (1) Request for certifications On October 1 of each year, the Chief Administrative Officer of the House of Representatives shall submit a request to the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the House of Representatives for certification of determinations made under paragraph (2) (A) and (B). (2) Determinations The Chairpersons of the Committee on the Budget and the Committee on Appropriations of the House of Representatives shall— (A) on October 1 of each year, make a determination of whether Congress is in compliance with section 3 and whether Members of the House of Representatives may not be paid under that section; (B) determine the period of days following each October 1 that Members of the House of Representatives may not be paid under section 3; and (C) provide timely certification of the determinations under subparagraph (A) and (B) upon the request of the Chief Administrative Officer of the House of Representatives. 6. Effective date This Act shall take effect on February 1, 2015. January 28, 2013 Read the second time and placed on the calendar

No Budget, No Pay Act

Nuclear Waste Administration Act of 2013 - Establishes as an independent agency in the executive branch: (1) the Nuclear Waste Administration (NWA) to provide for the permanent disposal of nuclear waste, including the siting, construction, and operation of additional repositories, a test and evaluation facility, and additional storage facilities; and (2) the Nuclear Waste Oversight Board. Transfers to the NWA Administrator specified functions of the Secretary of Energy (Secretary). Prescribes guidelines for nuclear waste facilities and for the identification and suitability of candidate sites. Directs the Administrator to (1) establish a Storage Facility Program to provide interim storage for spent nuclear fuel and high-level radioactive waste, and (2) request proposals for cooperative agreements for a pilot program for the storage of priority waste. Requires the Administrator, prior to selecting a storage facility site, to enter into a consent agreement to host the facility with: (1) an authorized official of the state in which the site is proposed to be located; (2) each affected unit of general local government or Indian tribe; and (3) submit to Congress a program plan, a list of proposed storage facility sites, and cost estimates for licensing, constructing, and operating each storage facility. Requires the Secretary to issue guidelines, evaluate potential sites, as well as select sites for repositories. Subjects construction and operation of a storage facility or repository to: (1) applicable standards for the protection of the general environment from offsite releases of radioactive material, and (2) the licensing and regulatory jurisdiction of the Nuclear Regulatory Commission (NRC). Requires the Secretary to arrange for the Administrator to dispose of defense wastes in a repository developed under this Act. Authorizes the Secretary to arrange for the Administrator to store defense wastes in storage facilities developed under this Act pending disposal in a repository. Confers upon the Administrator responsibility for transporting nuclear waste under this Act. Establishes in the Treasury the Nuclear Waste Administration Working Capital Fund. Amends the Nuclear Waste Policy Act of 1982 to reflect the amendments made by this Act. Terminates those authorities of the Secretary regarding siting, construction, and operation of repositories, storage facilities, or test and evaluation facilities which were not transferred to the Administrator under this Act.

To establish a new organization to manage nuclear waste, provide a consensual process for siting nuclear waste facilities, ensure adequate funding for managing nuclear waste, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Nuclear Waste Administration Act of 2013 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Findings, purposes, and definitions Sec. 101. Findings. Sec. 102. Purposes. Sec. 103. Definitions. TITLE II—Nuclear Waste Administration Sec. 201. Establishment. Sec. 202. Principal officers. Sec. 203. Other officers. Sec. 204. Inspector General. Sec. 205. Nuclear Waste Oversight Board. Sec. 206. Conforming amendments. TITLE III—Functions Sec. 301. Transfer of functions. Sec. 302. Transfer of contracts. Sec. 303. Nuclear waste facilities. Sec. 304. Siting nuclear waste facilities. Sec. 305. Storage facilities. Sec. 306. Repositories. Sec. 307. Licensing nuclear waste facilities. Sec. 308. Defense waste. Sec. 309. Transportation. TITLE IV—Funding and legal proceedings Sec. 401. Working Capital Fund. Sec. 402. Nuclear Waste Fund. Sec. 403. Full cost recovery. Sec. 404. Judicial review. Sec. 405. Litigation authority. Sec. 406. Liabilities. TITLE V—Administrative and savings provisions Sec. 501. Administrative powers of Administrator. Sec. 502. Personnel. Sec. 503. Offices. Sec. 504. Mission plan. Sec. 505. Annual reports. Sec. 506. Savings provisions; terminations. Sec. 507. Technical assistance in the field of spent fuel storage and disposal. Sec. 508. Nuclear Waste Technical Review Board. Sec. 509. Repeal of volume limitation. I Findings, purposes, and definitions 101. Findings Congress finds that— (1) the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 et seq. (A) made the Federal Government responsible for providing for the permanent disposal of nuclear waste; (B) vested the responsibility for siting, constructing, and operating a permanent geologic repository for the disposal of nuclear waste in the Secretary of Energy; and (C) required the Secretary to enter into binding contracts with the generators and owners of nuclear waste pursuant to which the Secretary is obligated to have begun disposing of the nuclear waste in a repository not later than January 31, 1998; (2) in 1987, Congress designated the Yucca Mountain site as the site for the repository and precluded consideration of other sites; (3) in 2002, the Secretary found the Yucca Mountain site to be suitable for the development of the repository, the President recommended the site to Congress, and Congress enacted a joint resolution approving the Yucca Mountain site for the repository; (4) in 2008, the Secretary applied to the Nuclear Regulatory Commission for a license to construct a repository at the Yucca Mountain site; (5) in 2009, the Secretary found the Yucca Mountain site to be unworkable and abandoned efforts to construct a repository; (6) in 2010, the Secretary, at the request of the President, established the Blue Ribbon Commission on America’s Nuclear Future to conduct a comprehensive review of the nuclear waste management policies of the United States and recommend a new strategy for managing the nuclear waste of the United States; and (7) the Blue Ribbon Commission has recommended that Congress establish a new nuclear waste management organization and adopt a new consensual approach to siting nuclear waste management facilities. 102. Purposes The purposes of this Act are— (1) to establish a new nuclear waste management organization; (2) to transfer to the new organization the functions of the Secretary relating to the siting, licensing, construction, and operation of nuclear waste management facilities; (3) to establish a new consensual process for the siting of nuclear waste management facilities; (4) to provide for centralized storage of nuclear waste pending completion of a repository; and (5) to ensure that— (A) the generators and owners of nuclear waste pay the full cost of the program; and (B) funds collected for the program are used for that purpose. 103. Definitions In this Act: (1) Administration The term Administration (2) Administrator The term Administrator (3) Affected Indian tribe The term affected Indian tribe (A) within the reservation boundaries of which a repository or storage facility is proposed to be located; or (B) that has federally defined possessory or usage rights to other land outside of the reservation boundaries that— (i) arise out of a congressionally ratified treaty; and (ii) the Secretary of the Interior finds, on petition of an appropriate governmental official of the Indian tribe, may be substantially and adversely affected by the repository or storage facility. (4) Affected unit of general local government (A) In general The term affected unit of general local government (B) Inclusion The term affected unit of general local government (5) Civilian nuclear power reactor The term civilian nuclear power reactor 42 U.S.C. 10101 (6) Commission The term Commission (7) Compliance agreement The term compliance agreement (8) Contract holder The term contract holder (A) generates or holds title to nuclear waste generated at a civilian nuclear power reactor; and (B) has entered into a contract for the disposal of nuclear waste under section 302(a) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222(a) (9) Defense waste The term defense waste 42 U.S.C. 10101 (10) Disposal The term disposal 42 U.S.C. 10101 (11) Emergency delivery (A) In general The term emergency delivery (B) Inclusion The term emergency delivery (i) pursuant to a compliance agreement; or (ii) to eliminate an imminent and serious threat to the health and safety of the public or the common defense and security. (12) High-level radioactive waste The term high-level radioactive waste 42 U.S.C. 10101 (13) Indian tribe The term Indian tribe (14) Mission plan The term mission plan (15) Nonpriority waste The term nonpriority waste (16) Nuclear waste The term nuclear waste (A) spent nuclear fuel; and (B) high-level radioactive waste. (17) Nuclear waste activities The term nuclear waste activities (18) Nuclear waste facility The term nuclear waste facility (A) a repository; and (B) a storage facility. (19) Nuclear Waste Fund The term Nuclear Waste Fund 42 U.S.C. 10222(c) (20) Oversight Board The term Oversight Board (21) Pilot facility The term pilot facility (22) Priority waste The term priority waste (A) any emergency delivery; and (B) spent nuclear fuel removed from a civilian nuclear power reactor that has been permanently shut down. (23) Public liability The term public liability (24) Repository The term repository 42 U.S.C. 10101 (25) Reservation The term reservation 42 U.S.C. 10101 (26) Secretary The term Secretary (27) Site characterization (A) In general The term site characterization (B) Repository site characterization In the case of a site for a repository, the term site characterization (C) Storage site characterization In the case of a site for an above-ground storage facility, the term site characterization (D) Preliminary activities The term site characterization (28) Spent nuclear fuel The term spent nuclear fuel (29) Storage The term storage (30) Storage facility The term storage facility (31) Unit of general local government The term unit of general local government 42 U.S.C. 10101 (32) Working Capital Fund The term Working Capital Fund II Nuclear Waste Administration 201. Establishment (a) Establishment There is established an independent agency in the executive branch to be known as the Nuclear Waste Administration (b) Purpose The purposes of the Administration are— (1) to discharge the responsibility of the Federal Government to provide for the permanent disposal of nuclear waste; (2) to protect the public health and safety and the environment in discharging the responsibility under paragraph (1); and (3) to ensure that the costs of activities under paragraph (1) are borne by the persons responsible for generating the nuclear waste. 202. Principal officers (a) Administrator (1) Appointment There shall be at the head of the Administration a Nuclear Waste Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate, from among persons who are, by reason of education, experience, and attainments, exceptionally well qualified to perform the duties of the Administrator. (2) Term The term of service of the Administrator shall be 6 years. (3) Reappointment An Administrator may serve more than 1 term. (4) Functions and powers The functions and powers of the Administration shall be vested in and exercised by the Administrator. (5) Supervision and direction The Administration shall be administrated under the supervision and direction of the Administrator, who shall be responsible for the efficient and coordinated management of the Administration. (6) Delegation The Administrator may, from time to time and to the extent permitted by law, delegate such functions of the Administrator as the Administrator determines to be appropriate. (7) Compensation The President shall fix the total annual compensation of the Administrator in an amount that— (A) is sufficient to recruit and retain a person of demonstrated ability and achievement in managing large corporate or governmental organizations; and (B) does not exceed the total annual compensation paid to the Chief Executive Officer of the Tennessee Valley Authority. (b) Deputy administrator (1) Appointment There shall be in the Administration a Deputy Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate, from among persons who are, by reason of education, experience, and attainments, exceptionally well qualified to perform the duties of the Deputy Administrator. (2) Term The term of service of the Deputy Administrator shall be 6 years. (3) Reappointment A Deputy Administrator may serve more than 1 term. (4) Duties The Deputy Administrator shall— (A) perform such functions as the Administrator shall from time to time assign or delegate; and (B) act as the Administrator during the absence or disability of the Administrator or in the event of a vacancy in the office of the Administrator. (5) Compensation The President shall fix the total annual compensation of the Deputy Administrator in an amount that— (A) is sufficient to recruit and retain a person of demonstrated ability and achievement in managing large corporate or governmental organizations; and (B) does not exceed the total annual compensation paid to the Administrator. 203. Other officers (a) Establishment There shall be in the Administration— (1) a General Counsel; (2) a Chief Financial Officer, who shall be appointed from among individuals who possess demonstrated ability in general management of, and knowledge of and extensive practical experience in, financial management practices in large governmental or business entities; and (3) not more than 3 Assistant Administrators, who shall perform such functions as the Administrator shall specify from time to time. (b) Appointment Officers appointed under this section shall— (1) be appointed by the Administrator; (2) be considered career appointees; and (3) be subject to section 161 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2201(d) (c) Order of succession The Administrator may designate the order in which the officers appointed pursuant to this section shall act for, and perform the functions of, the Administrator during the absence or disability of the Administrator and the Deputy Administrator or in the event of vacancies in the offices of the Administrator and the Deputy Administrator. 204. Inspector General There shall be in the Administration an Inspector General, who shall be appointed by the President, by and with the advice and consent of the Senate, in accordance with section 3 of the Inspector General Act of 1978 (5 U.S.C. App.). 205. Nuclear Waste Oversight Board (a) Establishment There is established an independent establishment in the executive branch, to be known as the Nuclear Waste Oversight Board (1) to oversee— (A) the receipt, disbursement, and use of funds in the Working Capital Fund and the Nuclear Waste Fund; (B) the adequacy of the fees collected under section 302(a) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222(a) 42 U.S.C. 10101 et seq. (C) the performance of the Administrator in— (i) fulfilling contracts with contract holders; and (ii) complying with the mission plan; and (2) to review the annual management reports and financial statements submitted by the Administrator under section 505. (b) Members The Oversight Board shall be composed of 5 members appointed by the President, by and with the advice and consent of the Senate, from among prominent United States citizens of integrity and reputation who, based on the training, experience, and attainments of the individuals, are exceptionally well qualified to evaluate and oversee the administration of this Act. (c) Political affiliation Not more than 3 members of the Oversight Board may be members of the same political party. (d) Terms (1) In general Except as provided in paragraphs (2) and (3), each member shall serve a term of 5 years. (2) Initial terms (A) Starting date The term of the first 5 members appointed to the Oversight Board shall be treated as having started on the first July 1 after the date of enactment of this Act. (B) Staggered term Of the 5 members first appointed to the Board under subparagraph (A)— (i) 1 shall be appointed for a term of 1 year; (ii) 1 shall be appointed for a term of 2 years; (iii) 1 shall be appointed for a term of 3 years; (iv) 1 shall be appointed for a term of 4 years; and (v) 1 shall be appointed for a term of 5 years. (3) Extension of term (A) In general Subject to subparagraph (B), a member of the Oversight Board may continue to serve after the expiration of the term of the member until a successor is appointed, has been confirmed, and has taken the oath of office. (B) Limitation No member of the Oversight Board may serve beyond the end of the session of the Congress in which the term of the member expires. (4) Vacancies A member of the Oversight Board appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of the member was appointed shall be appointed only for the remainder of the term of the predecessor. (5) Reappointment A member of the Oversight Board may be reappointed for an additional term by the President, by and with the advice and consent of the Senate. (e) Removal The President may remove any member of the Oversight Board for inefficiency, neglect of duty, or malfeasance in office. (f) Chair The President shall designate 1 member of the Oversight Board as Chair of the Oversight Board. (g) Acting chair The Chair designated under subsection (f) may from time to time designate any other member of the Oversight Board to act in the place and stead of the Chair during the absence. (h) Quorum 3 members of the Oversight Board shall constitute a quorum for the purpose of doing business. (i) Equal responsibility and authority Each member of the Oversight Board, including the Chair, shall have— (1) equal responsibility and authority in all decisions and actions of the Oversight Board; (2) full access to all information relating to the performance of the duties and responsibilities of the member; and (3) 1 vote. (j) Conflict of interest No member of the Oversight Board shall— (1) be employed by the Administration or the Department of Energy; or (2) have a financial interest in (including an employment relationship with) any contract holder or contractor of the Administration. (k) Compensation (1) In general Each member of the Oversight Board shall be paid at the rate of pay payable for level III of the Executive Schedule in subchapter II of chapter 53 (2) Travel expenses Each member of the Oversight Board may receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 5703 (l) Meetings The Oversight Board shall meet at least once every 90 days. (m) Functions The Oversight Board shall— (1) review, on an ongoing basis— (A) the progress made by the Administrator in siting, constructing, and operating nuclear waste facilities under this Act; (B) the use of funds made available to the Administrator under this Act; (C) whether the fees collected from contract holders are sufficient to ensure full cost recovery or require adjustment; and (D) the liability of the United States to contract holders; (2) identify any problems that may impede the implementation of this Act; and (3) recommend to the Administrator, the President, or Congress, as appropriate, any actions that may be needed to ensure the implementation of this Act. (n) Reports The Oversight Board shall report the findings, conclusions, and recommendations of the Oversight Board to the Administrator, the President, and Congress not less than once per year. (o) Response by the administrator Not later than 45 days after the date on which the Oversight Board submits a report to the Administrator under subsection (n), the Administrator shall transmit to the Oversight Board, in writing— (1) a statement of whether the Administrator accepts or rejects, in whole or in part, the recommendations submitted by the Oversight Board; (2) a description of the actions taken in response to the recommendations (or an explanation of the reasons for not acting on the recommendations); and (3) the views of the Administrator on the recommendations. (p) Public availability The Administrator shall make all reports under subsection (n) and all responses from the Administrator under subsection (o) available to the public. (q) Executive Secretary The Oversight Board shall appoint and fix the compensation of an Executive Secretary, who shall— (1) assemble and maintain the reports, records, and other papers of the Oversight Board; and (2) perform such functions as the Oversight Board shall from time to time assign or delegate to the Executive Secretary. (r) Additional staff (1) Appointment The Oversight Board may appoint and fix the compensation of such additional clerical and professional staff as may be necessary to discharge the responsibilities of the Oversight Board. (2) Limitation The Oversight Board may appoint not more than 10 clerical or professional staff members under this subsection. (3) Supervision and direction The clerical and professional staff of the Oversight Board shall be under the supervision and direction of the Executive Secretary. (s) Staff compensation (1) Clerical staff Clerical staff shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule rates. (2) Professional staff Professional staff members may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that no individual so appointed may receive pay in excess of the maximum rate of pay under the General Schedule. (t) Access to information (1) Duty to inform The Administrator shall keep the Oversight Board fully and currently informed on all of the activities of the Administration. (2) Production of documents The Administrator shall provide the Oversight Board with any records, files, papers, data, or information requested by the Oversight Board. (u) Support services To the extent permitted by law and requested by the Oversight Board, the Administrator of General Services shall provide the Oversight Board with necessary administrative services, facilities, and support on a reimbursable basis. (v) Health, safety, and environmental regulation Nothing in this section gives the Oversight Board jurisdiction to regulate the activities of the Administration to protect the health and safety of the public or the environment. (w) Authorization of appropriations There are authorized to be appropriated to the Oversight Board from amounts in the Nuclear Waste Fund such sums as are necessary to carry out this section. 206. Conforming amendments (a) Section 901(b)(2) of title 31, United States Code, is amended by adding at the end the following: (R) The Nuclear Waste Administration. . (b) Section 12 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in paragraph (1), by inserting the Nuclear Waste Administration; Export-Import Bank; (2) in paragraph (2), by inserting the Nuclear Waste Administration, Export-Import Bank, III Functions 301. Transfer of functions There are transferred to and vested in the Administrator all functions vested in the Secretary by the Nuclear Waste Policy Act of 1982 42 U.S.C. 10101 et seq. (1) the construction and operation of a repository; (2) entering into and performing contracts for the disposal of nuclear waste under section 302 of that Act ( 42 U.S.C. 10222 (3) the collection, adjustment, deposition, and use of fees to offset expenditures for the management of nuclear waste; and (4) the issuance of obligations under section 302(e)(5) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(e)(5)). 302. Transfer of contracts Each contract for the disposal of nuclear waste entered into by the Secretary before the date of enactment of this Act shall continue in effect according to the terms of the contract with the Administrator substituted for the Secretary. 303. Nuclear waste facilities The Administrator shall site, construct, and operate— (1) a pilot facility for the storage of priority waste; (2) 1 or more additional storage facilities for the storage of nonpriority nuclear waste; and (3) 1 or more repositories for the permanent disposal of nuclear waste. 304. Siting nuclear waste facilities In siting nuclear waste facilities under this Act or performing any function transferred under section 301(1), the Administrator shall employ a process that— (1) allows affected communities to decide whether, and on what terms, the affected communities will host a nuclear waste facility; (2) is open to the public and allows interested persons to be heard in a meaningful way; (3) is flexible and allows decisions to be reviewed and modified in response to new information or new technical, social, or political developments; and (4) is based on sound science and meets public health, safety, and environmental standards. 305. Storage facilities (a) Establishment of storage facility program The Administrator shall establish a storage program to license, construct, and operate through 1 or more non-Federal sector partners, 1 or more government or non-federally owned storage facilities to provide interim storage, as needed, for spent nuclear fuel and high-level radioactive waste. (b) Pilot program for the storage of priority waste (1) Request for proposals (A) In general Not later than 180 days after the date of enactment of this Act, the Administrator shall issue a request for proposals for cooperative agreements for a pilot program for the storage of priority waste— (i) to obtain any license from the Nuclear Regulatory Commission and any other Federal or State entity that is necessary for the construction of 1 or more storage facilities; (ii) to demonstrate the safe transportation of spent nuclear fuel and high-level radioactive waste, as applicable; and (iii) to demonstrate the safe storage of spent nuclear and high-level radioactive waste, as applicable, at the 1 or more storage facilities, pending the construction and operation of deep geologic disposal capacity for the permanent disposal of the spent nuclear fuel or high-level radioactive waste. (B) Guidelines (i) In general The request for proposals under subparagraph (A) shall include general guidelines for the consideration of storage facilities consistent with each requirement of section 112(a) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10132(a) (ii) Revisions The Administrator may revise the general guidelines from time to time, consistent with this section. (2) Reviews of Proposals (A) In general The Administrator shall review each proposal submitted under paragraph (1) to evaluate— (i) the extent to which the applicable States, affected units of general local government, and affected Indian tribes support the proposal; (ii) the likelihood that the proposed site is suitable for site characterization under the guidelines under paragraph (1)(B); (iii) a reasonable comparative evaluation of the proposed site and other proposed sites; (iv) the extent to which nuclear wastes are, or are planned to be, stored or disposed of within the State; (v) the extent to which each proposal would— (I) enhance the reliability and flexibility of the system for the disposal of nuclear waste, including co-location with a proposed permanent geological repository; and (II) minimize the impacts of transportation and handling of nuclear waste; (vi) potential conflicts with— (I) a compliance agreement requiring removal of nuclear waste from a site; or (II) a statutory prohibition on the storage or disposal of nuclear waste at a site; and (vii) any other criteria, including criteria relating to technical or safety specifications, that the Administrator determines to be appropriate. (B) Preference for co-located repository and storage facility In reviewing proposals submitted under paragraph (1), the Administrator shall give preference to sites proposed to be co-located with— (i) additional storage facilities for nonpriority waste; or (ii) a repository. (3) Site characterization (A) Determination of suitability After conducting a review under paragraph (2) and any additional site investigation that the Administrator determines to be appropriate, the Administrator shall determine whether the site is suitable for site characterization. (B) Selection of site for characterization From the sites determined to be suitable for site characterization under subparagraph (A), the Administrator shall select at least 1 site for site characterization, giving priority to sites that have been proposed to be co-located with a permanent geological repository, after— (i) holding public hearings in the vicinity of each site and at least 1 other location within the State in which the site is located; and (ii) notifying Congress. (C) Cooperative agreement On selection of a site for characterization under subparagraph (B), the Administrator may enter into a cooperative agreement, subject to section 401(e), with the State, affected units of general local government, and affected Indian tribes, as applicable, that includes— (i) terms of financial and technical assistance to enable each applicable unit of government to monitor, review, evaluate, comment on, obtain information on, make recommendations on, and mitigate any impacts from, site characterization activities; and (ii) any other term that the Administrator determines to be appropriate. (4) Site selection (A) In general Subject to subparagraphs (B) and (C), on completion of site characterization activities, the Administrator shall— (i) make a final determination for each site of whether the site is suitable for development as a storage facility; and (ii) select 1 or more suitable sites for storage facilities. (B) Consent-Based Approval Before selecting a site for developing a storage facility, the Administrator shall enter into a consent agreement, subject to section 401(e), to host the facility with— (i) the Governor or other authorized official of the State in which the site is proposed to be located; (ii) each affected unit of general local government; and (iii) any affected Indian tribe. (C) Binding effect The consent agreement— (i) shall be binding on the parties, subject to section 401(e); and (ii) shall not be amended or revoked except by mutual agreement of the parties. (5) Submission of program plan Not less than 30 days before selecting a site for development of a storage facility under paragraph (4), the Administrator shall submit to Congress a program plan that includes— (A) a list of the 1 or more sites the Administrator proposes to select for a storage facility; (B) an estimate of the cost of licensing, constructing, and operating each storage facility, including the transportation costs, on an annual basis, over the expected lifetime of the storage facility; (C) a schedule for— (i) obtaining from the Nuclear Regulatory Commission any license necessary to construct and operate the storage facility; (ii) constructing the storage facility; (iii) transporting spent fuel to the storage facility; and (iv) removing the spent fuel from, and decommissioning of, the storage facility; (D) an estimate of the cost of any financial assistance, compensation, or incentives proposed to be paid to the host State, Indian tribe, or unit of local government; (E) an estimate of any future reductions in the damages expected to be paid by the United States for the delay of the Department of Energy in accepting spent fuel expected to result from the storage facilities developed under this section; and (F) recommendations for any additional legislation needed to authorize and implement the program. (6) Submission of license application On selection of a site under paragraph (4), the applicant (in the case of a non-Federal facility) or the Administrator (in the case of a federally owned facility) shall submit to the Commission an application for a construction authorization for the storage facility. (c) Additional storage facilities for nonpriority waste (1) In general The Administrator shall seek to ensure that efforts to site, construct, and operate a storage facility for nonpriority waste are accompanied by parallel efforts to site, construct, and operate 1 or more repositories. (2) Storage facilities for nonpriority waste Except as provided in paragraphs (3) and (4), the Administrator may issue requests for proposals and select sites for site characterization for 1 or more additional storage facility for nonpriority waste as the Administrator determines to be necessary— (A) subject to the terms and conditions of this section; and (B) in accordance with the mission plan developed under section 504. (3) First 10 years During the 10-year period following the date of enactment of this Act, the Administrator may not issue an additional request for proposals or select a site for site characterization for an additional storage facility for nonpriority waste unless the Administrator has obligated funds for activities under section 306. (4) After first 10 years After the date that is 10 years after the date of enactment of this Act, the Administrator may not issue an additional request for proposals or select a site for site characterization for an additional storage facility for nonpriority waste until the Administrator has selected a site for evaluation under section 306(b)(2). (5) Storage of priority waste Nothing in this section precludes the Administrator from storing priority waste at a storage facility for nonpriority waste. 306. Repositories (a) Siting guidelines (1) Issuance Not later than 1 year after the date of enactment of this Act, the Administrator shall issue general guidelines for the consideration of candidate sites for repositories, which shall— (A) comply with the requirements of section 112(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10132(a)); and (B) require the Administrator to take into account the extent to which a repository would— (i) enhance the reliability and flexibility of the system for the disposal of nuclear waste; and (ii) minimize the impacts of transportation and handling of nuclear waste. (2) Revisions The Administrator may revise the guidelines in a manner consistent with this subsection and section 112(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10132(a)). (b) Identification of candidate sites (1) Review of potential sites As soon as practicable after the date of the issuance of the guidelines under subsection (a), the Administrator shall evaluate potential sites for a repository to determine whether the sites are suitable for site characterization. (2) Sites eligible for review The Administrator shall select sites for evaluation under paragraph (1) from among sites recommended by— (A) the Governor or duly authorized official of the State in which the site is located; (B) the governing body of the affected unit of general local government; (C) the governing body of an Indian tribe within the reservation boundaries of which the site is located; or (D) the Administrator, after consultation with, and with the consent of— (i) the Governor of the State in which the site is located; (ii) the governing body of the affected unit of general local government; and (iii) the governing body of the Indian tribe, if the site is located within the reservation of an Indian tribe. (3) Site investigations In evaluating a site under this subsection prior to any determination of the suitability of the site for site characterization, the Administrator— (A) shall use available geophysical, geological, geochemical, hydrological, and other information; and (B) shall not perform any preliminary borings or excavations at the site unless necessary to determine the suitability of the site and authorized by the landowner. (4) Determination of suitability The Administrator shall determine whether a site is suitable for site characterization based on an environmental assessment of the site, which shall include— (A) an evaluation by the Administrator of whether the site is suitable for development as a repository under the guidelines established under subsection (a), including a safety case that provides the basis for confidence in the safety of the proposed nuclear waste facility at the proposed site; (B) an evaluation by the Administrator of the effects of site characterization activities on public health and safety and the environment; (C) a reasonable comparative evaluation of the proposed site and other proposed sites; (D) a description of the decision process by which the site was recommended; (E) an assessment of the regional and local impacts of locating a repository at the site, including the extent to which nuclear wastes are, or are planned to be, stored or disposed of within the State; and (F) potential conflicts with— (i) a compliance agreement requiring removal of nuclear waste from a site; or (ii) a statutory prohibition on the storage or disposal of nuclear waste at a site. (c) Site characterization (1) Selection of sites From among the sites determined to be suitable for site characterization under subsection (b), the Administrator shall select at least 1 site for site characterization as a repository. (2) Preference for co-located repository and storage facility In selecting sites for site characterization as a repository, the Administrator shall give preference and priority to sites determined to be suitable for co-location of a storage facility and a repository. (3) Public hearings Before selecting a site for site characterization, the Administrator shall hold public hearings in the vicinity of the site and at least 1 other location within the State in which the site is located— (A) to inform the public of the proposed site characterization; and (B) to solicit public comments and recommendations with respect to the site characterization plan of the Administrator. (4) Consultation and cooperation agreement (A) Requirement Before selecting a site for site characterization, the Administrator shall enter into a consultation and cooperation agreement, subject to section 401(e), with— (i) the Governor of the State in which the site is located; (ii) the governing body of the affected unit of general local government; and (iii) the governing body of any affected Indian tribe. (B) Contents The consultation and cooperation agreement shall provide— (i) compensation to the State, any affected units of local government, and any affected Indian tribes for any potential economic, social, public health and safety, and environmental impacts associated with site characterization; and (ii) financial and technical assistance to enable the State, affected units of local government, and affected Indian tribes to monitor, review, evaluate, comment on, obtain information on, and make recommendations on site characterization activities. (d) Final site suitability determination (1) Determination required On completion of site characterization activities, the Administrator shall make a final determination of whether the site is suitable for development as a repository. (2) Basis of determination In making a determination under paragraph (1), the Administrator shall determine if— (A) the site is scientifically and technically suitable for development as a repository, taking into account— (i) whether the site meets the siting guidelines of the Administrator; and (ii) whether there is reasonable assurance that a repository at the site will meet— (I) the radiation protection standards of the Administrator of the Environmental Protection Agency; and (II) the licensing standards of the Commission; and (B) development of a repository or storage facility at the site is in the national interest. (3) Public hearings Before making a final determination under paragraph (1), the Administrator shall hold public hearings in the vicinity of the site and at least 1 other location within the State in which the site is located to solicit public comments and recommendations on the proposed determination. (e) Consent agreements (1) Requirement On making a final determination of site suitability under subsection (e), but before submitting a license application to the Commission under subsection (g), the Administrator shall enter into a consent agreement, subject to section 401(e), with— (A) the Governor or other authorized official of the State in which the site is located; (B) the governing body of the affected unit of general local government; and (C) if the site is located on a reservation, the governing body of the affected Indian tribe. (2) Contents The consent agreement shall— (A) contain the terms and conditions on which each State, local government, and Indian tribe, as applicable, consents to host the repository; and (B) express the consent of each State, local government, and Indian tribe to host the repository. (3) Terms and conditions The terms and conditions under paragraph (2)(A)— (A) shall promote the economic and social well-being of the people living in the vicinity of the repository; and (B) may include— (i) financial compensation and incentives; (ii) economic development assistance; (iii) operational limitations or requirements; and (iv) regulatory oversight authority. (4) Binding effect The consent agreement— (A) shall be binding on the parties, subject to section 401(e); and (B) shall not be amended or revoked except by mutual agreement of the parties. (f) Submission of license application On determining that a site is suitable under subsection (d) and ratification of a consent agreement under subsection (e), the Administrator shall submit to the Commission an application for a construction authorization for the repository. 307. Licensing nuclear waste facilities The construction and operation of a storage facility or repository under this Act shall be subject to— (1) all applicable standards for the protection of the general environment from offsite releases of radioactive material; (2) the licensing and regulatory jurisdiction of the Commission, including all applicable criteria and requirements issued by the Commission under section 121(b) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10141(b) (3) the terms and conditions of each consent agree entered into under section 305(b)(4) or section 306(e). 308. Defense waste (a) Disposal and storage by Administration The Secretary— (1) shall arrange for the Administrator to dispose of defense wastes in a repository developed under this Act; and (2) may arrange for the Administrator to store defense wastes in storage facilities developed under this Act pending disposal in a repository. (b) Memorandum of agreement The arrangements shall be covered by a memorandum of agreement between the Secretary and the Administrator. (c) Costs The portion of the cost of developing, constructing, and operating the repository or storage facilities under this Act that is attributable to defense wastes shall be allocated to the Federal Government and paid by the Federal Government into the Working Capital Fund. (d) Prohibition No defense waste may be stored or disposed of by the Administrator in any storage facility or repository constructed under this Act until funds are appropriated to the Working Capital Fund in an amount equal to the fees that would be paid by contract holders under section 302 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222 (e) Commingling determination (1) Reevaluation Notwithstanding section 8 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10107 (2) Notification Not later than 1 year after the date of enactment of this Act, the Secretary shall notify the President and the appropriate committees of Congress of whether the Secretary intends to reevaluate the decision under paragraph (1) and the reasons for that decision. (3) Separate nuclear waste facilities If the Secretary finds, after conducting the reevaluation under paragraph (1), that the development of separate nuclear waste facilities for the storage or disposal of defenses wastes is necessary or appropriate for the efficient management of defenses wastes, the Administrator may, with the concurrence of the President, site, construct, and operate 1 or more separate nuclear waste facilities for the storage or disposal of defenses wastes. 309. Transportation (a) In general The Administrator shall be responsible for transporting nuclear waste— (1) from the site of a contract holder to a storage facility or repository; (2) from a storage facility to a repository; and (3) in the case of defense waste, from a Department of Energy site to a repository. (b) Certified packages No nuclear waste may be transported under this Act except in packages— (1) the design of which has been certified by the Commission; and (2) that have been determined by the Commission to satisfy the quality assurance requirements of the Commission. (c) Notification Prior to any transportation of nuclear waste under this Act, the Administrator shall provide advance notification to States and Indian tribes through whose jurisdiction the Administrator plans to transport the nuclear waste. (d) Transportation assistance (1) Public education The Administrator shall conduct a program to provide information to the public about the transportation of nuclear waste. (2) Training The Administrator shall provide financial and technical assistance to States and Indian tribes through whose jurisdiction the Administrator plans to transport nuclear waste to train public safety officials and other emergency responders on— (A) procedures required for the safe, routine transportation of nuclear waste; and (B) procedures for dealing with emergency response situations involving nuclear waste, including instruction of— (i) government and tribal officials and public safety officers in command and control procedures; (ii) emergency response personnel; and (iii) radiological protection and emergency medical personnel. (3) Equipment The Administrator shall provide monetary grants and contributions in-kind to assist States and Indian tribes through whose jurisdiction the Administrator plans to transport nuclear waste for the purpose of acquiring equipment for responding to a transportation incident involving nuclear waste. (4) Transportation safety programs The Administrator shall provide in-kind, financial, technical, and other appropriate assistance to States and Indian tribes through whose jurisdiction the Administrator plans to transport nuclear waste for transportation safety programs related to shipments of nuclear waste. IV Funding and legal proceedings 401. Working Capital Fund (a) Establishment There is established in the Treasury a separate fund, to be known as the Nuclear Waste Administration Working Capital Fund (b) Contents The Working Capital Fund shall consist of— (1) all fees paid by contract holders pursuant to section 302(a) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222(a) (A) notwithstanding section 302(c)(1) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)(1)); and (B) immediately on the payment of the fees; (2) any appropriations made by Congress to pay the share of the cost of the program established under this Act attributable to defense wastes; and (3) interest paid on the unexpended balance of the Working Capital Fund. (c) Availability All funds deposited in the Working Capital Fund— (1) shall be immediately available to the Administrator to carry out the functions of the Administrator, except to the extent limited in annual authorization or appropriation Acts; (2) shall remain available until expended; and (3) shall not be subject to apportionment under subchapter II of chapter 15 (d) Use of Fund Except to the extent limited in annual authorization or appropriation Acts, the Administrator may make expenditures from the Working Capital Fund only for purposes of carrying out functions authorized by this Act. (e) Contract authority Any contract or agreement that authorizes an expenditure or obligation exceeding an amount available in the Working Capital Fund for the expenditure or obligation (including any cooperative agreement, consultation, and cooperation agreement, or consent agreement under section 305 or 306) shall be subject to appropriation. (f) Performance-Based funding No fees paid by contract holders pursuant to section 302(a) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222(a) 402. Nuclear Waste Fund (a) Elimination of legislative veto Section 302(a)(4) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222(a)(4) transmittal unless transmittal. (b) Administration of the waste fund Section 302(e) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222(e) (1) by striking Secretary Secretary of the Treasury Administrator of the Nuclear Waste Administration (2) by striking the Waste Fund the Waste Fund or the Working Capital Fund established by section 401 of the Nuclear Waste Administration Act of 2013 403. Full cost recovery In determining whether insufficient or excess revenues are being collected to ensure full cost recovery under section 302(a)(4) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)(4)), the Administrator shall— (1) assume that sufficient funds will be appropriated to the Nuclear Waste Fund to cover the costs attributable to disposal of defense wastes; and (2) take into account the additional costs resulting from the enactment of this Act. 404. Judicial review (a) Jurisdiction (1) Courts of appeals Except for review in the Supreme Court, a United States court of appeals shall have original and exclusive jurisdiction over any civil action— (A) for review of any final decision or action of the Administrator or the Commission under this Act; (B) alleging the failure of the Administrator or the Commission to make any decision, or take any action, required under this Act; (C) challenging the constitutionality of any decision made, or action taken, under this Act; or (D) for review of any environmental assessment or environmental impact statement prepared pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (2) Venue The venue of any proceeding under this section shall be in— (A) the judicial circuit in which the petitioner involved resides or has the principal office of the petitioner; or (B) the United States Court of Appeals for the District of Columbia Circuit. (b) Deadline for commencing action (1) In general Except as provided in paragraph (2), a civil action for judicial review described in subsection (a)(1) may be brought not later than the date that is 180 days after the date of the decision or action or failure to act involved. (2) No knowledge of decision or action If a party shows that the party did not know of the decision or action complained of (or of the failure to act) and that a reasonable person acting under the circumstances would not have known, the party may bring a civil action not later than 180 days after the date the party acquired actual or constructive knowledge of the decision, action, or failure to act. 405. Litigation authority (a) Supervision by attorney general The litigation of the Administration shall be subject to the supervision of the Attorney General pursuant to chapter 31 of title 28, United States Code. (b) Attorneys of Administration The Attorney General may authorize any attorney of the Administration to conduct any civil litigation of the Administration in any Federal court, except the Supreme Court. 406. Liabilities (a) Pending legal proceedings Any suit, cause of action, or judicial proceeding commenced by or against the Secretary relating to functions or contracts transferred to the Administrator by this Act shall— (1) not abate by reason of the enactment of this Act; and (2) continue in effect with the Administrator substituted for the Secretary. (b) Settlement of pending litigation; contract modification (1) Settlement The Attorney General, in consultation with the Administrator, shall settle all claims against the United States by a contract holder for the breach of a contract for the disposal of nuclear waste under section 302(a) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222(a) (2) Contract modification The Administrator and contract holders shall modify contracts entered into under section 302(a) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222(a) (c) Payment of judgments and settlements Payment of judgments and settlements in cases arising from the failure of the Secretary to meet the deadline of January 31, 1998, to begin to dispose of nuclear waste under contracts entered into under section 302(a)(1) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)(1)) shall continue to be paid from the permanent judgment appropriation established pursuant to section 1304 (d) New contracts Notwithstanding section 302(a)(5) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222(a)(5) (e) Nuclear indemnification (1) Indemnification agreements For purposes of section 170 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210 Price-Anderson Act (A) any person that conducts nuclear waste activities under a contract with the Administrator that may involve the risk of public liability shall be treated as a contractor of the Secretary; and (B) the Secretary shall enter into an agreement of indemnification with any person described in subparagraph (A). (2) Conforming amendment Section 11 ff. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(ff)) is amended by inserting or the Nuclear Waste Administration Secretary of Energy V Administrative and savings provisions 501. Administrative powers of Administrator The Administrator shall have the power— (1) to perform the functions of the Secretary transferred to the Administrator pursuant to this Act; (2) to enter into contracts with any person who generates or holds title to nuclear waste generated in a civilian nuclear power reactor for the acceptance of title, subsequent transportation, storage, and disposal of the nuclear waste; (3) to enter into and perform contracts, leases, and cooperative agreements with public agencies, private organizations, and persons necessary or appropriate to carry out the functions of the Administrator; (4) to acquire, in the name of the United States, real estate for the construction, operation, and decommissioning of nuclear waste facilities; (5) to obtain from the Administrator of General Services the services the Administrator of General Services is authorized to provide agencies of the United States, on the same basis as those services are provided to other agencies of the United States; (6) to conduct nongeneric research, development, and demonstration activities necessary or appropriate to carrying out the functions of the Administrator; and (7) to make such rules and regulations, not inconsistent with this Act, as may be necessary to carry out the functions of the Administrator. 502. Personnel (a) Officers and employees (1) Appointment In addition to the senior officers described in section 203, the Administrator may appoint and fix the compensation of such officers and employees as may be necessary to carry out the functions of the Administration. (2) Compensation Except as provided in paragraph (3), officers and employees appointed under this subsection shall be appointed in accordance with the civil service laws and the compensation of the officers and employees shall be fixed in accordance with title 5, United States Code. (3) Exception Notwithstanding paragraph (2), the Administrator may, to the extent the Administrator determines necessary to discharge the responsibilities of the Administrator— (A) appoint exceptionally well qualified individuals to scientific, engineering, or other critical positions without regard to the provisions of chapter 33 (B) fix the basic pay of any individual appointed under subparagraph (A) at a rate of not more than level I of the Executive Schedule without regard to the civil service laws, except that the total annual compensation of the individual shall be at a rate of not more than the highest total annual compensation payable under section 104 of title 3, United States Code. (4) Merit principles The Administrator shall ensure that the exercise of the authority granted under paragraph (3) is consistent with the merit principles of section 2301 (b) Experts and consultants The Administrator may obtain the temporary or intermittent services of experts or consultants as authorized by section 3109 of title 5, United States Code. (c) Advisory committees (1) Establishment The Administrator may establish, in accordance with the Federal Advisory Committee Act (2) Compensation A member of an advisory committee, other than a full-time employee of the Federal Government, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 503. Offices (a) Principal office The principal office of the Administration shall be in or near the District of Columbia. (b) Field offices The Administrator may maintain such field offices as the Administrator considers necessary to carry out the functions of the Administrator. 504. Mission plan (a) In general The Administrator shall prepare a mission plan, which shall— (1) provide an informational basis sufficient to permit informed decisions to be made in carrying out the functions of the Administrator; and (2) provide verifiable indicators for oversight of the performance of the Administrator. (b) Contents The mission plan shall include— (1) a description of the actions the Administrator plans to take to carry out the functions of the Administrator under this Act; (2) schedules and milestones for carrying out the functions of the Administrator, which shall provide for the operation of— (A) a pilot facility not later than December 31, 2021; (B) a storage facility for nonpriority waste not later than December 31, 2025; and (C) a repository not later than December 31, 2048; and (3) an estimate of the amounts that the Administration will need Congress to appropriate from the Nuclear Waste Fund (in addition to amounts expected to be available from the Working Capital Fund) to carry out the functions of the Nuclear Waste Fund, on an annual basis. (c) Proposed mission plan Not later than 1 year after the date of enactment of this Act, the Administrator shall submit a proposed mission plan for comment to— (1) Congress; (2) the Oversight Board; (3) the Commission; (4) the Nuclear Waste Technical Review Board established by section 502 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10262 (5) the States; (6) affected Indian tribes; and (7) such other interested persons as the Administrator considers appropriate. (d) Public notice and comment On submitting the proposed mission plan for comment under subsection (c), the Administrator shall— (1) publish a notice in the Federal Register of the availability of the proposed mission plan for public comment; and (2) provide interested persons an opportunity to comment on the proposed plan. (e) Submission of final mission plan After consideration of the comments received, the Administrator shall— (1) revise the proposed mission plan to the extent that the Administrator considers appropriate; and (2) submit the final mission plan, along with a general statement responding to any significant issues raised in the comments received on the proposed mission plan, to the appropriate committees of Congress, the President, and the Oversight Board. (f) Revision of the mission plan The Administrator shall— (1) revise the mission plan, as appropriate, to reflect major changes in the planned activities, schedules, milestones, and cost estimates reported in the mission plan; and (2) submit the revised mission plan to Congress, the President, and the Oversight Board prior to implementing the proposed changes. 505. Annual reports (a) In general The Administrator shall annually prepare and submit to Congress, the President, and the Oversight Board a comprehensive report on the activities and expenditures of the Administration. (b) Management report The annual report submitted under subsection (a) shall include— (1) the annual management report required under section 9106 (2) the report on any audit of the financial statements of the Administration conducted under section 9105 of title 31, United States Code. 506. Savings provisions; terminations (a) Commission proceedings This Act shall not affect any proceeding or any application for any license or permit pending before the Commission on the date of enactment of this Act. (b) Authority of the secretary This Act shall not transfer or affect the authority of the Secretary with respect to— (1) the maintenance, treatment, packaging, and storage of defense wastes at Department of Energy sites prior to delivery to, and acceptance by, the Administrator for disposal in a repository; (2) the conduct of generic research, development, and demonstration activities related to nuclear waste management, including proliferation-resistant advanced fuel recycling and transmutation technologies that minimize environmental and public health and safety impacts; and (3) training and workforce development programs relating to nuclear waste management. (c) Terminations The authority for each function of the Secretary relating to the siting, construction, and operation of repositories or storage facilities not transferred to the Administrator under this Act shall terminate on the date of enactment of this Act, including the authority— (1) to provide interim storage or monitored, retrievable storage under subtitles B and C of title I of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10151 et seq. (2) to site or construct a test and evaluation facility under title II of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10191 et seq. 507. Technical assistance in the field of spent fuel storage and disposal (a) Joint notice Not later than 90 days after the date of enactment of this Act and annually for 5 succeeding years, the Secretary and the Commission shall update and publish in the Federal Register the joint notice required by section 223(b) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10203(b) (b) Informing foreign governments As soon as practicable after the date of the publication of the annual joint notice described in subsection (a), the Secretary of State shall inform the governments of nations and organizations operating nuclear power plants, solicit expressions of interest, and transmit any such expressions of interest to the Secretary and the Commission, as provided in section 223(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10203(c)). (c) Budget requests The President shall include in the budget request of the President for the Commission and the Department of Energy for each of fiscal years 2014 through 2019 such funding requests for a program of cooperation and technical assistance with nations in the fields of spent nuclear fuel storage and disposal as the President determines appropriate in light of expressions of interest in the cooperation and assistance. (d) Eligibility Notwithstanding any limitation on cooperation and technical assistance to non-nuclear weapon states under section 223 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10203), the Secretary and the Commission may cooperate with and provide technical assistance to nuclear weapon states, if the Secretary and the Commission determine the cooperation and technical assistance is in the national interest. 508. Nuclear Waste Technical Review Board (a) Eligibility Section 502(b)(3)(C)(iii)(I) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10262(b)(3)(C)(iii)(I)) is amended by inserting or the Nuclear Waste Administration the Department of Energy (b) Functions Section 503 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10263 1987 1987 and the Nuclear Waste Administrator (c) Production of documents Section 504(b) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10264(b) Secretary Nuclear Waste Administrator (d) Reports Section 508 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10268 Congress and the Secretary Congress, the Nuclear Waste Administrator, and the Nuclear Waste Oversight Board (e) Termination Section 510 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10270 Secretary Nuclear Waste Administrator 509. Repeal of volume limitation Section 114(d) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10134(d)

Nuclear Waste Administration Act of 2013

Bipartisan Student Loan Certainty Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to set the annual interest rate on Direct Loans at the bond equivalent rate on 91-day Treasury bills plus: (1) 1.85% for Direct Stafford Loans and Direct Unsubsidized Stafford Loans for undergraduate students, (2) 3.4% for Direct Unsubsidized Stafford Loans for graduate students, and (3) 4.4% for Direct PLUS Loans. Fixes the interest rate on such loans for the period of the loan. Sets the annual interest rate on the unpaid principle balance of Direct Consolidation Loans at the lesser of: (1) the weighted average of the interest rates on the loans consolidated, rounded to the nearest higher one-eighth of 1%; or (2) 8.25%. Makes these interest rate provisions applicable to loans first disbursed on or after July 1, 2013. Requires institutions of higher education (IHEs) to provide student borrowers of title IV loans, prior to or at the time of their departure from school, with information regarding: (1) their options for loan consolidation; (2) the income-based repayment plan, including information about capped monthly payments and loan forgiveness under the plan; and (3) Direct Consolidation Loans.

To establish the interest rate for certain Federal student loans, and for other purposes. 1. Short title This Act may be cited as the Bipartisan Student Loan Certainty Act 2. Interest Rates (a) Interest rate provisions and disclosures Section 455 of the Higher Education Act of 1965 ( 20 U.S.C. 1087e (1) in subsection (b)(7)(C), by inserting and before July 1, 2013, July 1, 2006, (2) by adding at the end of the following: (E) Interest rate provisions for new loans on or after July 1, 2013 (i) Federal Direct Stafford Loans, Federal Direct Unsubsidized Stafford Loans, and Federal Direct PLUS Loans (I) In General Notwithstanding the preceding paragraphs of this subsection or subparagraph (A) or (B), for Federal Direct Stafford Loans, Federal Direct Unsubsidized Stafford Loans, and Federal Direct PLUS Loans for which the first disbursement is made on or after July 1, 2013, the applicable rate of interest shall, for loans disbursed during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to— (aa) the bond equivalent rate of 10-year Treasury bills auctioned at the final auction held prior to such June 1; plus (bb) (AA) 1.85 percent for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans for undergraduate students; (BB) 3.4 percent for Federal Direct Unsubsidized Stafford Loans for graduate students; and (CC) 4.4 percent for Federal Direct PLUS Loans. (II) Consultation The Secretary shall determine the applicable rates of interest under this clause after consultation with the Secretary of the Treasury and shall publish such rate in the Federal Register on or before June 5 preceding the award year for which the rate is determined. (III) Rate The applicable rate of interest determined under subclause (I) for a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a Federal Direct PLUS Loan shall be fixed for the period of the Loan. (ii) Consolidation loans Any Federal Direct Consolidation Loan for which the application is received on or after July 1, 2013, shall bear interest at an annual rate on the unpaid principal balance of the loan that is equal to the lesser of— (I) the weighted average of the interest rates on the loans consolidated, rounded to the nearest higher one-eighth of one percent; or (II) 8.25 percent. . (b) Exit counseling requirement Section 485(b)(1)(A)(vii) is amended— (1) by redesignating subclauses (III) and (IV) as subclauses (VI) and (VII), respectively; and (2) by inserting after subclause (II) the following: (III) the borrower's options for loan consolidation; (IV) information about the income-based repayment plan under section 493C, including information about capped monthly payments and loan forgiveness under such plan; (V) information about Federal Direct Consolidation Loans, which for applications received on or after July 1, 2013, have a maximum interest rate of 8.25 percent, as described under section 455(b)(7)(E)(ii) . 3. Rule of construction Nothing in this Act shall be construed to provide the Secretary of Education with the authority to require, or promulgate regulations requiring, new counseling not otherwise required by section 2, and the amendments made by such section, or the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. 4. Determination of Budgetary Effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation June 27, 2013 Read twice and ordered placed on the calendar

Bipartisan Student Loan Certainty Act

Housing Opportunities Made Equal Act of 2013 or HOME Act of 2013 - Amends the Fair Housing Act, with respect to prohibited discrimination in housing sales and rentals, residential real estate-related transactions, and brokerage services, to specify that the race, color, religion, sex, familial status, or national origin basis of discrimination may be actual or perceived. Adds to the list of prohibited actual or perceived bases sexual orientation, gender identity, marital status, and source of income. Amends the Civil Rights Act of 1968, with respect to prohibited intimidation, interference, or injury of individuals, to specify that the race, color, religion, sex, familial status, or national origin basis of discrimination may be actual or perceived. Adds also to the list of prohibited actual or perceived bases sexual orientation, gender identity, marital status, or source of income. Redefines "discriminatory housing practice" to specify that the definition: (1) applies regardless of whether the discriminatory practices occur pre- or post-acquisition; and (2) includes a failure to comply with administrative requirements of the Secretary of Housing and Urban Development (HUD), including related regulations, in a manner affirmatively to further nondiscrimination policies. Redefines "familial status" to include individuals (under age 18) residing with: (1) a foster parent or another person having lawful physical custody of such individuals; or (2) anyone standing in loco parentis of such individuals (currently, the designee of such parent or other person having such custody, with the parent's or other person's written permission). Amends the Equal Credit Opportunity Act and the Fair Housing Act to grant the Attorney General pre-litigation subpoena power if there is reason to believe that any person may be in possession, custody, or control of any documentary material or information relevant to an investigation under the respective Act. Amends the Equal Credit Opportunity Act to prohibit discrimination against credit applicants on the basis of actual or perceived race or color, sex, sexual orientation, or gender identity. States that discrimination against a person because of a handicap includes the failure, in connection with a real estate-related transaction, to make reasonable accommodations for such persons. Revises the limitations on filing complaints and commencing civil actions by certain individuals alleging discriminatory housing practices to deem that the failure to design and construct a dwelling that meets requirements for reasonable modifications for handicapped persons shall continue (and with it the alleged discriminatory housing practice) until such time as the dwelling conforms to them.

To amend the Fair Housing Act, and for other purposes. 1. Short title This Act may be cited as the Housing Opportunities Made Equal Act of 2013 HOME Act of 2013 2. Amending the Fair Housing Act to prohibit certain discrimination (a) In general (1) Section 804 of the Fair Housing Act ( 42 U.S.C. 3604 (A) by inserting actual or perceived race, color (B) by inserting sexual orientation, gender identity, marital status, source of income, sex, (2) Section 805 of the Fair Housing Act ( 42 U.S.C. 3605 (A) by inserting actual or perceived race, color (B) by inserting sexual orientation, gender identity, marital status, source of income, sex, (3) Section 806 of the Fair Housing Act ( 42 U.S.C. 3606 (A) by inserting actual or perceived race, color (B) by inserting sexual orientation, gender identity, marital status, source of income, sex, (b) Prevention of intimidation Section 901 of the Civil Rights Act of 1968 ( 42 U.S.C. 3631 (1) by inserting actual or perceived race, color (2) by inserting sexual orientation (as defined in section 802), gender identity (as so defined), marital status (as so defined), source of income (as so defined) sex, (c) Definitions Section 802 of the Fair Housing Act ( 42 U.S.C. 3602 (p) Gender identity (q) Marital status (r) Sexual orientation (s) Source of income 42 U.S.C. 1437f . 3. Amending the Fair Housing Act to extend the definition of discriminatory housing practice Section 802(f) of the Fair Housing Act ( 42 U.S.C. 3602(f) (f) Discriminatory housing practice . 4. Amending the Fair Housing Act definition of familial status Section 802(k) of the Fair Housing Act ( 42 U.S.C. 3602(k) (k) Familial status (1) a parent, foster parent, or another person having legal or lawful physical custody of such individual or individuals; or (2) anyone standing in loco parentis of such individual or individuals. The protections afforded against discrimination on the basis of familial status apply to any person who is pregnant or in the process of securing legal custody of an individual who has not attained the age of 18 years. . 5. Amending the Fair Housing Act and the Equal Credit Opportunity Act to provide the Department of Justice with pre-litigation subpoena power (a) Equal Credit Opportunity Act Section 706(h) of the Equal Credit Opportunity Act ( 15 U.S.C. 1691e(h) (1) by striking When a (1) In general When a ; and (2) by adding at the end the following: (2) Pre-litigation subpoena power If the Attorney General has reason to believe that any person may be in possession, custody, or control of any documentary material or information relevant to an investigation under this title, the Attorney General may, before commencing a civil action under paragraph (1), issue in writing and cause to be served upon the person, a civil investigative demand. The authority to issue and enforce civil investigative demands under this paragraph shall be identical to the authority of the Attorney General under section 3733 . (b) Fair Housing Act Section 814(c) of the Fair Housing Act ( 42 U.S.C. 3614(c) (1) by striking The Attorney General (1) In general The Attorney General ; and (2) by adding at the end the following: (2) Civil investigative demands If the Attorney General has reason to believe that any person may be in possession, custody, or control of any documentary material or information relevant to an investigation under this title, the Attorney General may, before commencing a civil proceeding under this subsection, issue in writing and cause to be served upon the person, a civil investigative demand. The authority to issue and enforce civil investigative demands under this paragraph shall be identical to the authority of the Attorney General under section 3733 . 6. Freedom from discrimination in credit (a) Prohibition against discrimination on account of sexual orientation or gender identity Section 701(a)(1) of the Equal Credit Opportunity Act ( 15 U.S.C. 1691(a)(1) (1) by inserting actual or perceived race, color (2) by striking sex or sex, sexual orientation, gender identity, (b) Definitions Section 702 of the Equal Credit Opportunity Act ( 15 U.S.C. 1691a (1) by redesignating subsections (f) and (g) as subsections (g) and (i), respectively; (2) by inserting after subsection (e) the following: (f) The term gender identity ; and (3) by inserting after subsection (g), as so redesignated, the following: (h) The term sexual orientation . 7. Amending the Fair Housing Act so that discrimination in real estate-related transactions includes the failure to make reasonable accommodations for people with disabilities Section 805(a) of the Fair Housing Act ( 42 U.S.C. 3605(a) For the purposes of this section, discrimination against a person because of handicap includes the failure, in connection with a real estate-related transaction, to make reasonable accommodations for such person. 8. Amending the Fair Housing Act to change certain limitations on filing complaints and commencing civil actions (a) Section 810 Section 810(a)(1)(A)(i) of the Fair Housing Act ( 42 U.S.C. 3610(a)(1)(A)(i) The failure to design and construct a dwelling as required by section 804(f)(3)(C) shall be deemed to continue until such time as the dwelling conforms to the requirements of that section. (b) Section 813 Section 813(a)(1)(A) of the Fair Housing Act ( 42 U.S.C. 3613(a)(1)(A) The failure to design and construct a dwelling as required by section 804(f)(3)(C) shall be deemed to continue until such time as the dwelling conforms to the requirements of that section.

HOME Act of 2013

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2014 - Title I: Department of Transportation - Department of Transportation Appropriations Act, 2014 - Makes appropriations for FY2014 to the Department of Transportation (DOT), including: (1) the Office of the Secretary, (2) the Federal Aviation Administration (FAA), (3) the Federal Highway Administration (FHWA), (4) the Federal Motor Carrier Safety Administration (FMCSA), (5) the National Highway Traffic Safety Administration (NHTSA), (6) the Federal Railroad Administration (FRA), (7) the Federal Transit Administration (FTA), (8) the Saint Lawrence Seaway Development Corporation, (9) the Maritime Administration, (10) the Pipeline and Hazardous Materials Safety Administration (PHMSA), (11) the Office of Inspector General, and (12) the Surface Transportation Board (STB). (Sec. 102) Prohibits any funds made available under this Act from being obligated or expended to establish or implement a program under which essential air service (EAS) communities are required to assume subsidy costs commonly referred to as the EAS local participation program. (Sec. 103) Authorizes the Secretary of Transportation (Secretary in this title) or designee to lobby states and state legislators to consider proposals for the reduction of motorcycle fatalities. (Sec. 104) Authorizes the DOT's Working Capital fund to provide advanced payments to vendors to carry out the federal transit pass transportation fringe benefit program for federal employees. (Sec. 105) Directs the Secretary to: (1) post on the DOT website a schedule of all Credit Council meetings, including the agenda for each meeting; and (2) require the Council to record the decisions and actions of the meetings. (Sec. 110) Prohibits the use of funds to compensate more than 600 technical staff-years under the federally funded research and development center contract between the FAA and the Center for Advanced Aviation Systems Development during FY2014. (Sec. 111) Prohibits the use of funds to pursue or adopt guidelines or regulations requiring airport sponsors to provide to the FAA without cost building construction, maintenance, utilities and expenses, or space in airport sponsor-owned buildings for services relating to air traffic control, air navigation, or weather reporting. Exempts from this prohibition any negotiations between the agency and airport sponsors to: (1) achieve agreement on "below-market" rates for these items, or (2) grant assurances that require airport sponsors to provide land without cost to the FAA for air traffic control facilities. (Sec. 112) Authorizes the FAA Administrator to reimburse amounts made available from certain fees to carry out the EAS program. (Sec. 113) Requires that amounts collected for safety-related training and operational services to foreign aviation authorities be credited to the appropriation current at the time of collection, to be merged with and available for the same purposes of such appropriation. (Sec. 115) Prohibits the obligation of funds for an FAA employee to purchase a store gift card or gift certificate through use of a government-issued credit card. (Sec. 116) Requires the Secretary to make the minimum apportionment for primary and cargo airports to sponsors of airports that: (1) received scheduled or unscheduled air service from large certified air carriers, and (2) had more than 10,000 passenger boardings in the preceding calendar year. (Sec. 117) Prohibits the obligation of funds for retention bonuses for an FAA employee without the prior written approval of the DOT Assistant Secretary for Administration. (Sec. 118) Caps at 20% the maximum allowable local share of costs of an airport sponsor or state or local government with jurisdiction over an airport in cases where the operating costs of an air traffic tower under the Contract Air Traffic Control Tower Program exceed the benefits. (Sec. 119) Prohibits the use of funds to implement, or to continue to implement, any limitation on the ability of a private aircraft owner or operator, upon a request to the FAA Administrator, to block, with respect to its noncommercial flights, the display of the owner's or operator's registration number in the Aircraft Situational Display to Industry data provided by the FAA to the public, unless the data has been made available to a government agency. (Sec. 119A) Prohibits the use of funds for salaries and expenses of more than eight FAA political and Presidential appointees. (Sec. 119B) Prohibits the use of funds to increase fees the FAA Administrator may assess a state, federal agency, public or private organization, or individual to conduct special services or develop special products relating to navigation, transportation, or public safety, until the FAA provides Congress the aeronautical navigation products report described in the explanatory statement accompanying this Act. (Sec. 119C) Bars the use of funds to change weight restrictions or prior permission rules at Teterboro airport in Teterboro, New Jersey. (Sec. 119D) Directs the Secretary to: (1) evaluate and adjust existing helicopter routes above Los Angeles if they would lessen impacts on residential areas and noise-sensitive landmarks, (2) analyze whether helicopters could safely fly at higher altitudes in certain areas above Los Angeles, (3) develop and promote best practices for helicopter hovering and electronic news gathering, (4) conduct outreach to helicopter pilots to inform them of voluntary policies and increase awareness of noise sensitive areas and events, (5) work with local stakeholders to develop a more comprehensive noise complaint system, and (6) continue to participate in collaborative engagement between community representatives and helicopter operators. Requires the Secretary to develop regulations regarding the impact of helicopter use on the quality of life and safety of the Los Angeles County people unless the Secretary can demonstrate the effectiveness of the previously mentioned actions taken to address helicopter noise. (Sec. 119E) Prohibits the use of funds to issue regulations on the integration of unmanned aerial systems (drones) into the national airspace until the Secretary reports to Congress on the privacy implications of drones. (Sec. 120) Prescribes requirements, including a formula, for certain FY2014 distributions from the obligation limitation for federal-aid highways. (Sec. 121) Allows crediting to the federal-aid highways account of funds received by the Bureau of Transportation Statistics from the sale of data products to reimburse the Bureau for necessary expenses. (Sec. 122) Requires the Secretary to make an informal public notice and comment opportunity on the intent of the waiver before waiving any Buy American requirement for federal-aid highway projects. (Sec. 123) Prohibits the use of funds to approve or authorize the imposition of a toll on any segment of a federal highway in the state of Texas that is not already tolled, is constructed with federal assistance, and is in actual operation. States that this prohibition does not apply to: (1) any federal-aid system highway segment that will have the same number of nontoll lanes as existed before a toll is imposed, or (2) any high-occupancy vehicle (HOV) lane converted to a toll lane if an HOV may use the toll lane without paying a toll or the HOV lane was constructed as a temporary lane to be replaced by a toll lane. (Sec. 124) Specifies the amount of certain unobligated federal-aid highway funds that shall be available for FY2014 for FHWA administrative expenses. (Sec. 125) Prohibits the use of funds to DOT to provide direct loans, loan guarantees, or lines of credit for eligible infrastructure projects unless the Secretary notifies Congress at least three days before any loan or credit application approval. (Sec. 130) Subjects funds appropriated or limited in this Act to certain safety examination and other requirements of the Department of Transportation and Related Agencies Appropriations Act, 2002 and the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 relating to Mexico-domiciled motor carriers involved in cross-border trucking between the United States and Mexico. (Sec. 131) Extends from September 30, 2013, to September 30, 2014, the authority of FMCSA's motor carrier safety advisory committee. (Sec. 132) Requires a compliance review be conducted whenever a motor carrier is rated high-risk (currently, category A or B) for two consecutive months. (Sec. 140) Makes certain additional funds available to NHTSA to pay for: (1) travel and related expenses for state management reviews, and (2) core competency development training and related expenses for highway safety staff. (Sec. 141) Declares that certain limitations on obligations for NHTSA programs shall not apply to any obligational authority made available in previous public laws for multiple years, except to the extent that the obligational authority has not lapsed or been used. (Sec. 142) Prohibits the use of funds to implement establishment in the DOT of a National Highway Safety Advisory Committee. (Sec. 150) Declares that funds provided in this Act for the National Railroad Passenger Corporation (Amtrak) shall immediately cease to be available to Amtrak in the event that it contracts to have provided at or from any location outside the United States any service that was, as of July 1, 2006, performed by a full-time or part-time Amtrak employee whose base of employment is located within the United States. (Sec. 151) Authorizes the Secretary to receive cash or spare parts from non-federal sources to repair damages to or replace federally-owned automated track inspection cars and equipment as a result of third party liability for such damages. (Sec. 152) Bars the use of funds for Amtrak to pay overtime costs in excess of $35,000 for any Amtrak employee. Authorizes the president of Amtrak to waive such cap in cases where it poses a risk to the safety and operational efficiency of the Amtrak system. (Sec. 153) Makes amounts available for Amtrak for the operation of intercity passenger rail actually available for distribution only after the Secretary reviews a grant request for each specific train route accompanied by a detailed plan justifying the federal support to the Secretary's satisfaction. (Sec. 154) Revises the condition of eligibility for Amtrak receipt of grant funds to limit the prohibition against the use of certain funds for operating expenses, including a temporary transfer of such funds, to those funds provided to Amtrak for Capital and Debt Service Grants under the Disaster Relief Appropriations Act, 2013. (Sec. 160) Declares that the limitations on obligations for FTA programs shall not apply to any grant authority previously made available for obligation, or to any other authority previously made available for obligation. (Sec. 161) Declares that funds appropriated by this Act for specified FTA fixed guideway capital investment projects which are not obligated by September 30, 2018, and other recoveries, may be directed to any project eligible under the fixed guideway capital investment grants program. (Sec. 162) Authorizes certain transfers of any public transportation funds appropriated before October 1, 2013, that remain available for expenditure. (Sec. 163) Prohibits the Secretary from enforcing federal charter bus service regulations against any transit agency that during FY2008 was both initially granted a 60-day period to comply with such regulations, and then was subsequently granted an exception from them. (Sec. 164) Authorizes the Secretary, when applying project justification and local commitment criteria to a New Starts project, to consider the costs and ridership of any connected project where private parties are making significant financial contributions to the construction of the connected project. Authorizes the Secretary also to consider the significant financial contributions of such parties to the connected project when calculating the non-federal share of net capital project costs for the New Start project. (Sec. 165) Makes unobligated FY2010-FY2012 funds for capital projects for buses and bus-related equipment and facilities available for fixed guideway capital investment projects, subject to specified terms and conditions. (Sec. 166) Requires new bus rapid transit projects recommended in the President's budget submission to Congress for capital investment grant funds appropriated under this Act to be funded from a specified amount of unobligated discretionary funds for the bus and bus facilities program in FY1999-FY2010. Subjects all such projects to Capital Investment Grants Program requirements for New Starts, Small Starts, or Core Capacity projects. (Sec. 167) Makes certain permanent rescissions. (Sec. 170) Authorizes the Maritime Administration to furnish utilities and services and make necessary repairs in connection with any lease, contract, or occupancy of property under its control. (Sec. 182) Prohibits the availability of the funds in this Act for salaries and expenses of more than 110 political and presidential appointees in DOT. Prohibits assignment of any of such appointees on temporary detail outside DOT. (Sec. 183) Bars recipients of funds made available in this Act from disseminating personal information obtained by a state department of motor vehicles in connection with a motor vehicle record, except as permitted under specified federal criminal law. Prohibits the Secretary, however, from withholding funds for any grantee if a state fails to comply with this prohibition. (Sec. 185) Requires the Secretary to notify the congressional appropriations committees at least three full business days before announcing any project competitively selected to receive a discretionary grant award, letter of intent, or full funding grant agreement from certain grant programs, including the federal highway emergency relief program, the FAA AIP, any FRA program, any FTA program other than the formula grants and fixed guideway modernization programs, or any funding for national infrastructure investments and assistance to small shipyards. (Sec. 187) Makes available for reimbursement of recovery costs any recovered funds that the Secretary has determined represent improper DOT payments to a third party contractor under a financial assistance award. (Sec. 189) Prohibits the use of funds by the STB to charge or collect any filing fee for rate or practice complaints filed with it in an amount in excess of that authorized for district court civil suit filing fees under the federal judicial code. (Sec. 190) Authorizes the obligation of funds appropriated to the modal administrations for the Office of the Secretary for costs related to assessments or reimbursable agreements only when such amounts are for the costs of goods or services purchased to provide a direct benefit to such administrations. (Sec. 191) Authorizes the Secretary to carry out a program to establish uniform standards for developing and supporting agency transit pass and transit benefits, including distribution of such benefits by various paper and electronic media. Title II: Department of Housing and Urban Development - Department of Housing and Urban Development Appropriations Act, 2014 - Makes appropriations for FY2014 to the Department of Housing and Urban Development (HUD) for: (1) administration, operations, and management; (2) the Office of Public and Indian Housing; (3) the Office of Community Planning and Development; (4) the Office of Housing and the Federal Housing Administration (FHA); (5) the Government National Mortgage Association (Ginnie Mae); (6) Office of Policy Development and Research; (7) Office of Fair Housing and Equal Opportunity; (8) the Office of Healthy Homes and Lead Hazard Control; and (9) the Office of Inspector General. (Sec. 201) Requires rescission of 50% of the amounts of budget authority (or, in the alternative, remittance to the Treasury of 50% of the associated cash amounts) that are recaptured from certain state-, local government-, or local housing agency-financed projects under the Stewart B. McKinney Homeless Assistance Amendments Act of 1988. Requires such recaptured budget authority or funds, as well as any budget authority or cash recaptured and not rescinded or remitted to the Treasury, to be used by state housing finance agencies or local governments or local housing agencies with HUD-approved projects for which settlement occurred after January 1, 1992. Authorizes the Secretary of HUD (Secretary in this title), all the same, to award up to 15% of the budget authority or cash recaptured and not rescinded or remitted to the Treasury to provide project owners with incentives to refinance their projects at a lower interest rate. (Sec. 202) Prohibits the use of funds during FY2014 to investigate or prosecute under the Fair Housing Act any otherwise lawful activity engaged in by one or more persons, including the filing or maintaining of a non-frivolous legal action, that is engaged in solely to achieve or prevent action by a government official or entity, or a court of competent jurisdiction. (Sec. 203) Directs the Secretary to make a grant under certain authority of the AIDS Housing Opportunity Act for any state that received an allocation in a prior fiscal year, but is not otherwise eligible for an FY2014 allocation because the areas in the state outside of qualifying metropolitan statistical areas in FY2014 do not have the number of cases of acquired immunodeficiency syndrome (AIDS) otherwise required. Prescribes a formula for the allocation of such grants to Jersey City and Paterson, New Jersey. Requires the Secretary to: (1) adjust the funds allocated for FY2014 under the AIDS Housing Opportunity Act to Wilmington, Delaware, on behalf of the Wilmington, Delaware-Maryland-New Jersey Metropolitan Division; and (2) allocate a portion to the state of New Jersey according to a specified formula. Directs the Secretary to allocate to Wake County, North Carolina, certain funds that otherwise would be allocated for FY2014 under such Act to Raleigh, North Carolina, on behalf of the Raleigh-Cary, North Carolina, Metropolitan Statistical Area. Authorizes the Secretary to: (1) adjust FY2014 allocations under such Act upon the written request of a grant applicant for a formula allocation on behalf of a metropolitan statistical area, and (2) designate the state or states in which the metropolitan statistical area is located as the eligible grantee(s) of the allocation. (Sec. 204) Requires any grant, cooperative agreement, or other assistance made pursuant to this title to be made on a competitive basis and in accordance with the Department of Housing and Urban Development Reform Act of 1989. (Sec. 205) Makes certain funds available, without regard to limitations on administrative expenses, for: (1) legal services on a contract or fee basis; and (2) payment for services and facilities of the Federal National Mortgage Association (Fannie Mae), Ginnie Mae, Federal Home Loan Mortgage Corporation (Freddie Mac), the Federal Financing Bank, Federal Reserve banks, Federal Home Loan banks, and any bank insured under the Federal Deposit Insurance Corporation Act. (Sec. 207) Authorizes any HUD corporations and agencies subject to the Government Corporation Control Act to make expenditures, contracts, and commitments without regard to fiscal year limitations as necessary to carry out their FY2014 budgets. (Sec. 208) Directs the Secretary to report quarterly to congressional appropriations committees regarding all uncommitted, unobligated, recaptured, and excess funds in each program and activity within HUD jurisdiction, along with additional, updated budget information upon request. (Sec. 209) Amends the United States Housing Act of 1937 to require public housing agencies (PHAs) to establish a flat rental amount for a PHA dwelling unit at levels no lower than 80% of the applicable fair market rental established under the Act. Directs PHAs to comply by June 1, 2014, with such requirement, except that if a new flat rate amount for a dwelling unit will increase a family's existing rental payment by more than 35%, the new flat rental amount shall be phased in to ensure that the family's existing rental payment does not increase by more than 35% annually. States that this requirement shall not be construed to require establishment of rental amounts equal to 80% of the fair market rental in years when it falls from the prior year. (Sec. 210) Amends the United States Housing Act of 1937 to treat as a PHA, for purposes of rental payments under the program of assisted low-income housing, a consortium of states, counties, municipalities, or other governmental entities or public bodies (or their agencies or instrumentalities) authorized to engage in or assist in the development or operation of public housing. (Sec. 211) Declares that a PHA (or other entity) that administers federal housing assistance for the Housing Authority of the county of Los Angeles, California, or the states of Alaska, Iowa, or Mississippi shall not be required to include a resident of public housing or a recipient of section 8 rental assistance (under the United States Housing Act of 1937) on the agency or entity governing board. Requires each such PHA (or other entity) that chooses not to include such individuals on its governing board to establish an advisory board, which shall meet at least quarterly, consisting of at least six residents of public housing or section 8 rental assistance recipients. (Sec. 212) Authorizes the Secretary for FY2014-FY2015, subject to specified conditions, to authorize the transfer of some or all project-based assistance, debt, and statutorily required low-income and very low-income use restrictions, associated with one or more multifamily housing project, to another multifamily housing project or projects. (Sec. 213) Prohibits the use of funds provided under this title for an audit of Ginnie Mae that applies certain requirements of the Federal Credit Reform Act of 1990. (Sec. 214) Prohibits any section 8 rental assistance to any individual who: (1) is enrolled as a student at an institution of higher education; (2) is under age 24; (3) is not a veteran; (4) is unmarried; (5) does not have a dependent child; (6) is not a person with disabilities, and was not receiving section 8 assistance as of November 30, 2005; and (7) is not otherwise individually eligible, or has parents who, individually or jointly, are not eligible, to receive such assistance. Declares that, for section 8 rental assistance eligibility purposes, any financial assistance (in excess of amounts received for tuition) that an individual receives under the Higher Education Act of 1965, from private sources, or an institution of higher education shall be considered income to that individual, except for a person over age 23 with dependent children. (Sec. 215) Requires that the funds made available for Native American Housing Block Grants in title III of this Act be allocated to the same recipients that received funds in FY2005. (Sec. 216) Authorizes the Secretary through FY2014 to insure, and enter into commitments to insure, home equity conversion mortgages (HECMs, or reverse mortgages) for elderly homeowners. (Sec. 217) Requires the Secretary during FY2014, in managing and disposing of any multifamily property that is owned or has a mortgage held by HUD, and during the process of foreclosure on any property with a contract for section 8 rental assistance payments or other federal programs, to maintain any rental assistance payments attached to any dwelling units in the property. Authorizes the Secretary, however, to the extent that such a multifamily property is not feasible for continued payments, based on specified cost, operation, or environmental considerations, to: (1) contract, in consultation with the property's tenants, for project-based rental assistance payments with an owner or owners of other existing housing properties; or (2) provide other rental assistance. (Sec. 218) Revises requirements for PHA inspections of each dwelling unit for which a housing assistance payment contract is established. Requires biennial inspections, in lieu of current annual inspections, to determine compliance. Permits alternative inspection methods if specified standards are met. Allows the Secretary to adjust the frequency of inspections for mixed-finance properties assisted with vouchers to facilitate the use of such alternative inspections. Requires interim inspections, upon family request, within 24 hours if a noncompliant condition is life-threatening (unless waived by the Secretary in extraordinary circumstances), or within a reasonable time frame if not life-threatening. (Sec. 219) Authorizes any recipient after December 26, 2000, of a grant for conversion of elderly housing to assisted living facilities to: (1) establish a single-asset nonprofit entity to own the project; and (2) lend the grant funds to such entity, which may be a for-profit limited partnership the sole general partner of which is a private nonprofit organization meeting specified requirements, or a corporation wholly owned and controlled by such a private nonprofit organization. (Sec. 220) Authorizes the use of Community Development Loan Guarantee funds in FY2014 to guarantee, or make commitments to guarantee, notes or other obligations issued by any state on behalf of its non-entitlement communities. (Sec. 221) Authorizes PHAs that own and operate 400 or fewer public housing units to elect to be exempt from any asset management requirements imposed by the Secretary in connection with the operating fund rule. Prohibits exemption from such requirements, however, for an agency seeking a discontinuance of a reduction of subsidy under the operating fund formula. (Sec. 222) Prohibits the Secretary, with respect to the use of funds for the operation, capital improvement, and management of public housing authorized by the United States Housing Act of 1937, from imposing any asset management requirement or guideline that restricts or limits in any way the use of capital funds for central office costs. Prohibits a PHA, however, from using capital funds authorized for eligible operation and management activities with operating funds in excess of specified permitted amounts. (Sec. 223) Prohibits designation of a HUD official or employee as an allotment holder unless he or she has: (1) implemented an adequate system of funds control, and (2) received training in funds control procedures and directives. (Sec. 224) Requires payment of attorney fees in program-related litigation from individual program office personnel benefits and compensation funding. (Sec. 225) Requires the Secretary for FY2014 and thereafter to notify the public through the Federal Register and other appropriate means of the issuance of a notice of the availability of assistance or notice of funding availability (NOFA) for any program or discretionary fund that is to be awarded competitively. Authorizes the Secretary for such period to make the NOFA available only on the Internet at the appropriate government website or through other electronic media. (Sec. 227) Requires the Secretary to take specified actions when a multifamily housing project with a section 8 contract or contract for similar project-based assistance: (1) receives a Real Estate Assessment Center (REAC) score of 30 or less; or (2) receives a REAC score between 31 and 59 and fails to certify in writing to HUD, within 60 days, that all deficiencies have been corrected, or receives consecutive scores of less than 60 on REAC inspections. Applies such requirements to insured and noninsured projects with section 8 rental assistance attached to the units; but not to units receiving PHA project-based assistance under the voucher program, or to public housing units assisted with capital or operating funds. (Sec. 228) Considers the HUD-administered Disaster Housing Assistance Programs as a HUD program under the McKinney Act for income verification and matching purposes. (Sec. 229) Amends the United States Housing Act of 1937 to require the base salary of PHA employees and the maximum annual contract amount paid to contract personnel from funds provided under this Act to be based on the Federal General Schedule (GS) basic rate of pay, including locality adjustment. Prohibits the base salary of a public housing employee or total annual payment to each contracted personnel, for PHAs: with fewer than 250 units (public housing and section 8 housing vouchers), from exceeding the basic rate of pay, including a locality adjustment, for GS-11, step 10; with 250 to 1249 units, from exceeding the basic rate of pay, including locality adjustment, for GS-13, step 10; and with 1250 or more units, from exceeding the basic rate of pay, including locality adjustment, for GS-15, step 10. Requires any amount of salary paid to an employee or of total annual payment to each contracted personnel that exceeds the amount provided under this Act to be from non-Act sources. Subjects the salary structure to any requirements established for the General Schedule by an appropriations Act or by presidential executive order for any fiscal year. (Sec. 230) Amends the National Housing Act to extend through July 31, 2016, the exemption that authorizes the Secretary to provide mortgage insurance to critical access hospitals. (Sec. 231) Requires the Secretary to report quarterly to congressional appropriations committees on the status of all section 8 project-based housing, including the number of all project-based units by region, as well as an analysis of all federally subsidized housing being refinanced under the Mark-to-Market program. (Sec. 232) Amends the Cranston-Gonzalez National Affordable Housing Act to revise requirements with respect to termination of tenancy by an owner of affordable housing assisted under such Act for rental. States that the mandatory 30-day notice is not required if the grounds for the termination or refusal to renew a lease involve a direct threat to the safety of the tenants or employees of the housing, or an imminent and serious threat to the property (and the termination or refusal to renew is in accordance with requirements of state or local law). Revises requirements regarding the recapture and reuse of funds set-aside for investment only in housing to be developed, sponsored, or owned by community housing development organizations. Requires the Secretary to deduct any such funds remaining uninvested for a 24-month period from the line of credit in the participating jurisdiction's HOME Investment Trust Fund and reallocate them by a specified reallocation formula other than the current direct reallocation formula. (Sec. 233) Amends the United States Housing Act of 1937 to extend through FY2014 the authorization of appropriations for: (1) demolition, site revitalization, replacement housing, and tenant-based assistance grants for severely distressed public housing projects; and (2) grants for assisting affordable housing developed through main street projects in smaller communities. (Sec. 234) Allows up to $10 million out of funds appropriated for salaries and expenses under all accounts under this title (except for the Office of Inspector General account) to be transferred and merged with amounts appropriated for the Information Technology Fund account. (Sec. 235) Changes from quarterly to annual the reports to congressional appropriations committees on all steps taken to prevent fraud and abuse of Community Development Funds, especially in the form of duplication of benefits. (Sec. 236) Amends the Consolidated Appropriations Act, 2008 to repeal the mandatory transfer to the Flexible Subsidy Fund of all uncommitted balances in the Rental Housing Assistance Fund of certain excess rental charges as of September 30, 2007, as well as any collections made during FY2008 and all subsequent fiscal years. (Sec. 237) Defines "extremely low-income families," under the program of assisted low-income housing, as very low-income families whose incomes do not exceed the higher of: (1) specified poverty guidelines updated periodically by the Department of Health and Human Services (HHS); or (2) 30% of the median family income for the area, with adjustments for smaller and larger families. Authorizes the Secretary to establish income ceilings higher or lower than 30% if necessary because of unusually high or low family incomes. Revises income eligibility requirements for public housing, for tenant-based section 8 assistance, and for project-based section 8 assistance to substitute "extremely low-income families" for the respective eligibility formula. (Sec. 238) Modifies funding requirements for Rental Assistance Demonstration provided in the Department of Housing and Urban Development Appropriations Act, 2012. (Sec. 239) Bars the use of funds in this Act provided to HUD to make a grant award unless the Secretary notifies congressional appropriations committees at least three full business days before any project, state, locality, housing authority, tribe, nonprofit organization, or other entity selected to receive a grant award is announced by HUD or its offices. (Sec. 240) Amends the Housing Act of 1959 to revise requirements for HUD assistance to private nonprofit organizations and consumer cooperatives to expand the supply of supportive housing for the elderly. Requires the Secretary to establish procedures to delegate the award, review and processing of projects, selected by the Secretary in a national competition, to specified state or local housing agencies for issuance of capital advances to applicants. (Currently, the Secretary, within 30 days of award of the capital advance, is required to delegate such review and processing to such agencies.) Repeals the agencies' authority to: (1) assess a reasonable fee to be included in the capital advance amounts, and (2) recommend project rental assistance amounts in excess of those initially awarded by the Secretary. Authorizes project rental assistance for projects which identify in their applications a defined health and other supportive services program, including sources of financing and memoranda of understanding with service provision agencies and organizations. (Sec. 241) Amends the Housing Opportunity Program Extension Act of 1996 to allow national and regional organizations and consortia experienced in providing or facilitating self-help housing homeownership opportunities to use certain grants for rehabilitation of existing dwelling units. Includes planning, administration, and management of grant programs as eligible expenses. Limits them to 20% of a grant. Requires the Secretary to establish a deadline (which may be extended for good cause) by which time all units that have been assisted with grant funds must be completed and conveyed. (Sec. 242) Amends the United States Housing Act of 1937 to prohibit, in determining the monthly tenant-based assistance payment for a family under the section 8 (voucher program), the amount allowed for tenant-paid utilities from exceeding the appropriate utility allowance for the family unit size regardless of the size of the dwelling unit leased by the family. Requires a PHA to approve a higher utility allowance, upon request, for a family including a person with disabilities if one is needed as a reasonable accommodation to make the program accessible to and usable by that family member. (Sec. 243) Revises procedures under the section 8 rental assistance program for publishing fair market rentals for an area with respect to the amount and scope of monthly assistance payments. Requires the Secretary to publish such rentals at least annually on the HUD website and in any other manner specified by the Secretary. Repeals the requirement that the Secretary establish separate fair market rentals for Westchester County, New York, and for Monroe County, Pennsylvania. Title III: Related Agencies - Makes appropriations for FY2014 to: (1) the Access Board, (2) the Federal Maritime Commission, (3) the Office of Inspector General for the National Railroad Passenger Corporation (Amtrak), (4) the National Transportation Safety Board (NTSB), (5) the Neighborhood Reinvestment Corporation, and (6) the U.S. Interagency Council on Homelessness. Title IV: General Provisions (This Act) - Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act. (Sec. 401) Requires any sums necessary for FY2014 pay raises for programs funded in this Act to be absorbed within the levels appropriated in this or previous appropriations Acts. (Sec. 402) Prohibits the use of funds for the planning or execution of any program to pay the expenses of, or otherwise compensate, nonfederal parties intervening in regulatory or adjudicatory proceedings funded in this Act. (Sec. 407) Requires all federal agencies and departments funded by this Act to report by July 30, 2012, to the congressional appropriations committees on all sole source contracts. (Sec. 409) Prohibits the use of funds to support any federal, state, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use. (Sec. 411) Prohibits payment of the salary from any appropriation under this Act for any person filling a position (other than temporary) formerly held by an employee who has: (1) left to enter the U.S. Armed Forces; (2) satisfactorily completed his or her period of active military or naval service; (3) within 90 days after release from such service, or from hospitalization continuing after discharge for up to one year, applied for restoration to his former position; and (4) been certified by the Office of Personnel Management (OPM) as still qualified to perform the duties of his or her former position, but not been restored to it. (Sec. 412) Prohibits the expenditure of funds appropriated under this Act by an entity unless the entity agrees to comply with Buy American requirements. (Sec. 413) Prohibits the availability of funds to any person or entity that has been convicted of violating Buy American requirements. (Sec. 414) Prohibits the use of funds under this Act for first-class airline accommodations in contravention of specified federal regulations. (Sec. 415) Prohibits the provision of any funds made available under this or prior Acts to the Association of Community Organizations for Reform Now (ACORN) or its affiliates, subsidiaries, or allied organizations. (Sec. 416) Prohibits the use of funds made available by this Act to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to any corporation that was convicted of a felony criminal violation under any federal law within the preceding 24 months, where the awarding agency is aware of the conviction. Allows an agency to make such an award, however, if it has: (1) considered suspension or debarment of the corporation, and (2) has determined that this further action is not necessary to protect the interests of the government. (Sec. 417) Prohibits the use of funds made available by this Act to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to any corporation with any unpaid federal tax liability for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the tax collecting authority, if the awarding agency is aware of the unpaid tax liability. Allows an agency to make such an award, however, if it has: (1) considered suspension or debarment of the corporation, and (2) has determined that this further action is not necessary to protect the interests of the government. (Sec. 418) Prohibits the use of funds made available by this Act to purchase a light bulb for an office building unless the light bulb has, to the extent practicable, an Energy Star or Federal Energy Management Program designation. (Sec. 419) Requires all agencies and departments funded by this Act to report to Congress at the end of the fiscal year a complete inventory of the total number of vehicles owned, permanently retired, and purchased during FY2014 as well as the total cost of the vehicle fleet, including maintenance, fuel, storage, purchasing, and leasing. (Sec. 420) Requires the head of any executive branch department, agency, board, commission, or office (entity) funded by this Act to report annually to its Inspector General (or senior ethics official if there is no Inspector General) regarding the costs and contracting procedures related to each conference held by the entity during FY2014 for which the cost to the U.S. government exceeded $100,000. Requires each entity head, within 15 days of any conference costing the U.S. government during FY2014 more than $20,000, to notify its Inspector General or senior ethics official of the date, location, and number of employees attending the conference. Declares that a grant or contract funded by amounts appropriated by this Act to an executive branch agency may not be used to defray the costs of any such conference that is not directly and programmatically related to the purpose for which the grant or contract was awarded. Prohibits the use of funds made available by this Act for travel and conference activities that are not in compliance with Office of Management and Budget (OMB) Memorandum M-12-12 dated May 11, 2012. (Sec. 421) Prohibits the use of funds made available by this Act to send or otherwise pay for the attendance of more than 50 employees of a single federal agency or department, who are stationed in the United States, at any single international conference occurring outside the United States unless the relevant Secretary reports to specified congressional committees at least 5 days in advance that such attendance is important to the national interest. Specifies that such an international conference involves representatives of the U.S. government and of foreign governments, international organizations, or nongovernmental organizations.

Making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2014, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2014, and for other purposes, namely: I Department of transportation Office of the secretary Salaries and expenses For necessary expenses of the Office of the Secretary, $109,340,000, of which not to exceed $2,652,000 shall be available for the immediate Office of the Secretary; not to exceed $1,000,000 shall be available for the immediate Office of the Deputy Secretary; not to exceed $20,502,000 shall be available for the Office of the General Counsel; not to exceed $10,271,000 shall be available for the Office of the Under Secretary of Transportation for Policy; not to exceed $13,026,000 shall be available for the Office of the Assistant Secretary for Budget and Programs; not to exceed $2,627,000 shall be available for the Office of the Assistant Secretary for Governmental Affairs; not to exceed $26,686,000 shall be available for the Office of the Assistant Secretary for Administration; not to exceed $2,051,000 shall be available for the Office of Public Affairs; not to exceed $1,714,000 shall be available for the Office of the Executive Secretariat; not to exceed $1,386,000 shall be available for the Office of Small and Disadvantaged Business Utilization; not to exceed $10,849,000 shall be available for the Office of Intelligence, Security, and Emergency Response; and not to exceed $16,576,000 shall be available for the Office of the Chief Information Officer: Provided Provided further Provided further Provided further Provided further Provided further National Infrastructure Investments For capital investments in surface transportation infrastructure, $550,000,000, to remain available through September 30, 2016: Provided Provided further Provided further chapter 6 Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further chapter 31 Provided further Provided further Financial management capital For necessary expenses for upgrading and enhancing the Department of Transportation's financial systems and re-engineering business processes, $10,000,000, to remain available through September 30, 2015. Cyber security initiatives For necessary expenses for cyber security initiatives, including necessary upgrades to wide area network and information technology infrastructure, improvement of network perimeter controls and identity management, testing and assessment of information technology against business, security, and other requirements, implementation of Federal cyber security initiatives and information infrastructure enhancements, implementation of enhanced security controls on network devices, and enhancement of cyber security workforce training tools, $6,000,000, to remain available through September 30, 2015. Office of civil rights For necessary expenses of the Office of Civil Rights, $9,551,000. Transportation planning, research, and development (including rescission) For necessary expenses for conducting transportation planning, research, systems development, development activities, and making grants, to remain available until expended, $9,750,000: Provided Public Law 111–117 Provided further Working capital fund For necessary expenses for operating costs and capital outlays of the Working Capital Fund, not to exceed $178,000,000 shall be paid from appropriations made available to the Department of Transportation: Provided Provided further Provided further Provided further Minority business resource center program For the cost of guaranteed loans, $333,000, as authorized by 49 U.S.C. 332: Provided Provided further In addition, for administrative expenses to carry out the guaranteed loan program, $592,000. Minority business outreach For necessary expenses of Minority Business Resource Center outreach activities, $3,088,000, to remain available until September 30, 2015: Provided Payments to air carriers (airport and airway trust fund) In addition to funds made available from any other source to carry out the essential air service program under 49 U.S.C. 41731 through 41742, $146,000,000, to be derived from the Airport and Airway Trust Fund, to remain available until expended: Provided Provided further, section 41732(b)(3) Provided further Provided further Research and technology For necessary expenses related to the Office of the Assistant Secretary for Research and Technology, $14,765,000, of which $8,218,000 shall remain available until September 30, 2016: Provided Provided further Provided further section 102 section 5315 Provided further Administrative provisions—office of the secretary of transportation 101. None of the funds made available in this Act to the Department of Transportation may be obligated for the Office of the Secretary of Transportation to approve assessments or reimbursable agreements pertaining to funds appropriated to the modal administrations in this Act, except for activities underway on the date of enactment of this Act, unless such assessments or agreements have completed the normal reprogramming process for Congressional notification. 102. None of the funds made available under this Act may be obligated or expended to establish or implement a program under which essential air service communities are required to assume subsidy costs commonly referred to as the EAS local participation program. 103. The Secretary or his designee may engage in activities with States and State legislators to consider proposals related to the reduction of motorcycle fatalities. 104. Notwithstanding section 3324 Public Law 109–59 Provided 105. The Secretary shall post on the Web site of the Department of Transportation a schedule of all meetings of the Credit Council, including the agenda for each meeting, and require the Credit Council to record the decisions and actions of each meeting. Federal aviation administration Operations (airport and airway trust fund) For necessary expenses of the Federal Aviation Administration, not otherwise provided for, including operations and research activities related to commercial space transportation, administrative expenses for research and development, establishment of air navigation facilities, the operation (including leasing) and maintenance of aircraft, subsidizing the cost of aeronautical charts and maps sold to the public, lease or purchase of passenger motor vehicles for replacement only, in addition to amounts made available by Public Law 108–176 Provided Provided further Provided further Provided further Public Law 108–176 Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Facilities and equipment (airport and airway trust fund) For necessary expenses, not otherwise provided for, for acquisition, establishment, technical support services, improvement by contract or purchase, and hire of national airspace systems and experimental facilities and equipment, as authorized under part A of subtitle VII of title 49, United States Code, including initial acquisition of necessary sites by lease or grant; engineering and service testing, including construction of test facilities and acquisition of necessary sites by lease or grant; construction and furnishing of quarters and related accommodations for officers and employees of the Federal Aviation Administration stationed at remote localities where such accommodations are not available; and the purchase, lease, or transfer of aircraft from funds available under this heading, including aircraft for aviation regulation and certification; to be derived from the Airport and Airway Trust Fund, $2,730,000,000, of which $481,000,000 shall remain available until September 30, 2014, and $2,249,000,000 shall remain available until September 30, 2016: Provided Provided further Research, engineering, and development (airport and airway trust fund) (including rescission) For necessary expenses, not otherwise provided for, for research, engineering, and development, as authorized under part A of subtitle VII of title 49, United States Code, including construction of experimental facilities and acquisition of necessary sites by lease or grant, $160,000,000, to be derived from the Airport and Airway Trust Fund and to remain available until September 30, 2016: Provided Provided further Grants-in-aid for airports (liquidation of contract authorization) (limitation on obligations) (airport and airway trust fund) (including transfer of funds) For liquidation of obligations incurred for grants-in-aid for airport planning and development, and noise compatibility planning and programs as authorized under subchapter I of chapter 471 and subchapter I of chapter 475 section 41743 section 44706 Provided section 47117(g) Provided further Provided further section 47109(a) Provided further Office of the Secretary, Salaries and Expenses Administrative provisions—federal aviation administration 110. None of the funds in this Act may be used to compensate in excess of 600 technical staff-years under the federally funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation Systems Development during fiscal year 2014. 111. None of the funds in this Act shall be used to pursue or adopt guidelines or regulations requiring airport sponsors to provide to the Federal Aviation Administration without cost building construction, maintenance, utilities and expenses, or space in airport sponsor-owned buildings for services relating to air traffic control, air navigation, or weather reporting: Provided below-market 112. The Administrator of the Federal Aviation Administration may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1) from fees credited under 49 U.S.C. 45303 and any amount remaining in such account at the close of that fiscal year may be made available to satisfy section 41742(a)(1) for the subsequent fiscal year. 113. Amounts collected under section 40113(e) of title 49, United States Code, shall be credited to the appropriation current at the time of collection, to be merged with and available for the same purposes of such appropriation. 114. None of the funds in this Act shall be available for paying premium pay under sub section 5546(a) 115. None of the funds in this Act may be obligated or expended for an employee of the Federal Aviation Administration to purchase a store gift card or gift certificate through use of a Government-issued credit card. 116. The Secretary shall apportion to the sponsor of an airport that received scheduled or unscheduled air service from a large certified air carrier (as defined in part 241 of title 14 Code of Federal Regulations, or such other regulations as may be issued by the Secretary under the authority of section 41709) an amount equal to the minimum apportionment specified in 49 U.S.C. 47114(c) 117. None of the funds in this Act may be obligated or expended for retention bonuses for an employee of the Federal Aviation Administration without the prior written approval of the Assistant Secretary for Administration of the Department of Transportation. 118. Subparagraph (D) of section 47124(b)(3) of title 49, United States Code, is amended by striking benefit. benefit, with the maximum allowable local cost share capped at 20 percent. 119. Notwithstanding any other provision of law, none of the funds made available under this Act or any prior Act may be used to implement or to continue to implement any limitation on the ability of any owner or operator of a private aircraft to obtain, upon a request to the Administrator of the Federal Aviation Administration, a blocking of that owner's or operator’s aircraft registration number from any display of the Federal Aviation Administration’s Aircraft Situational Display to Industry data that is made available to the public, except data made available to a Government agency, for the noncommercial flights of that owner or operator. 119A. None of the funds in this Act shall be available for salaries and expenses of more than 8 political and Presidential appointees in the Federal Aviation Administration. 119B. None of the funds made available under this Act may be used to increase fees pursuant to section 44721 119C. None of the funds appropriated or limited by this Act may be used to change weight restrictions or prior permission rules at Teterboro airport in Teterboro, New Jersey. 119D. The Secretary shall (1) evaluate and adjust existing helicopter routes above Los Angeles, and make adjustments to such routes if the adjustments would lessen impacts on residential areas and noise-sensitive landmarks; (2) analyze whether helicopters could safely fly at higher altitudes in certain areas above Los Angeles County; (3) develop and promote best practices for helicopter hovering and electronic news gathering; (4) conduct outreach to helicopter pilots to inform them of voluntary policies and to increase awareness of noise sensitive areas and events; (5) work with local stakeholders to develop a more comprehensive noise complaint system; and (6) continue to participate in collaborative engagement between community representatives and helicopter operators: Provided 119E. None of the funds in this Act may be used to issue regulations on the integration of unmanned aerial systems into the national airspace until the Secretary submits to the House and Senate Committees on Appropriations the report related to the privacy implications of unmanned aerial systems described in the explanatory statement accompanying this Act. Federal highway administration Limitation on administrative expenses (Highway Trust Fund) (including transfer of funds) Not to exceed $429,855,000, together with advances and reimbursements received by the Federal Highway Administration, shall be paid in accordance with law from appropriations made available by this Act to the Federal Highway Administration for necessary expenses for administration and operation. In addition, not to exceed $3,248,000 shall be paid from appropriations made available by this Act and transferred to the Appalachian Regional Commission in accordance with section 104 Federal-aid highways (limitation on obligations) (highway trust fund) Funds available for the implementation or execution of programs of Federal-aid highways and highway safety construction programs authorized under titles 23 and 49, United States Code, and the provisions of Public Law 112–141 Provided Provided further Provided further section 608 Bridges in Critical Corridors For an additional amount for projects eligible under sections 133(b)(2) or 133(b)(3) of title 23, United States Code, $500,000,000 to remain available through September 30, 2015: Provided Provided further Provided further (Liquidation of contract authorization) (Highway Trust Fund) For the payment of obligations incurred in carrying out Federal-aid highways and highway safety construction programs authorized under title 23, United States Code, $40,995,000,000 derived from the Highway Trust Fund (other than the Mass Transit Account), to remain available until expended. Administrative provisions—federal highway administration 120. (a) For fiscal year 2014, the Secretary of Transportation shall— (1) not distribute from the obligation limitation for Federal-aid highways— (A) amounts authorized for administrative expenses and programs by section 104(a) (B) amounts authorized for the Bureau of Transportation Statistics; (2) not distribute an amount from the obligation limitation for Federal-aid highways that is equal to the unobligated balance of amounts— (A) made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under sections 202 or 204 of title 23, United States Code); and (B) for which obligation limitation was provided in a previous fiscal year; (3) determine the proportion that— (A) the obligation limitation for Federal-aid highways, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to (B) the total of the sums authorized to be appropriated for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (11) of subsection (b) and sums authorized to be appropriated for section 119 (4) distribute the obligation limitation for Federal-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the Secretary under the Moving Ahead for Progress in the 21st Century Act and title 23, United States Code, or apportioned by the Secretary under sections 202 or 204 of that title, by multiplying— (A) the proportion determined under paragraph (3); by (B) the amounts authorized to be appropriated for each such program for such fiscal year; and (5) distribute the obligation limitation for Federal-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned for the national highway performance program in section 119 of title 23, United States Code, that are exempt from the limitation under subsection (b)(12) and the amounts apportioned under sections 202 and 204 of that title) in the proportion that— (A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to each State for such fiscal year; bears to (B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for such fiscal year. (b) Exceptions From Obligation Limitation The obligation limitation for Federal-aid highways shall not apply to obligations under or for— (1) section 125 of title 23, United States Code; (2) section 147 of the Surface Transportation Assistance Act of 1978 ( 23 U.S.C. 144 (3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701); (4) subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (96 Stat. 2119); (5) subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 198); (6) sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027); (7) section 157 of title 23, United States Code (as in effect on June 8, 1998); (8) section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years); (9) Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century (112 Stat. 107) or subsequent Acts for multiple years or to remain available until expended, but only to the extent that the obligation authority has not lapsed or been used; (10) section 105 of title 23, United States Code (but, for each of fiscal years 2005 through 2012, only in an amount equal to $639,000,000 for each of those fiscal years); (11) section 1603 of SAFETEA–LU (23 U.S.C. 118 note; 119 Stat. 1248), to the extent that funds obligated in accordance with that section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation; and (12) section 119 of title 23, United States Code (but, for fiscal years 2013 and 2014, only in an amount equal to $639,000,000 for such fiscal year). (c) Redistribution of Unused Obligation Authority Notwithstanding subsection (a), the Secretary shall, after August 1 of such fiscal year— (1) revise a distribution of the obligation limitation made available under subsection (a) if an amount distributed cannot be obligated during that fiscal year; and (2) redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of the Moving Ahead for Progress in the 21st Century Act) and 104 of title 23, United States Code. (d) Applicability of Obligation Limitations to Transportation Research Programs (1) In general Except as provided in paragraph (2), the obligation limitation for Federal-aid highways shall apply to contract authority for transportation research programs carried out under— (A) chapter 5 (B) division E of the Moving Ahead for Progress in the 21st Century Act. (2) Exception Obligation authority made available under paragraph (1) shall— (A) remain available for a period of 4 fiscal years; and (B) be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years. (e) Redistribution of Certain Authorized Funds (1) In general Not later than 30 days after the date of distribution of obligation limitation under subsection (a), the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 (A) are authorized to be appropriated for such fiscal year for Federal-aid highway programs; and (B) the Secretary determines will not be allocated to the States (or will not be apportioned to the States under section 204 of title 23, United States Code), and will not be available for obligation, for such fiscal year because of the imposition of any obligation limitation for such fiscal year. (2) Ratio Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (a)(5). (3) Availability Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(b) of title 23, United States Code. 121. Notwithstanding 31 U.S.C. 3302 chapter 63 Provided 122. Not less than 15 days prior to waiving, under his statutory authority, any Buy America requirement for Federal-aid highway projects, the Secretary of Transportation shall make an informal public notice and comment opportunity on the intent to issue such waiver and the reasons therefor: Provided 123. (a) In general Except as provided in subsection (b), none of the funds made available, limited, or otherwise affected by this Act shall be used to approve or otherwise authorize the imposition of any toll on any segment of highway located on the Federal-aid system in the State of Texas that— (1) as of the date of enactment of this Act, is not tolled; (2) is constructed with Federal assistance provided under title 23, United States Code; and (3) is in actual operation as of the date of enactment of this Act. (b) Exceptions (1) Number of toll lanes Subsection (a) shall not apply to any segment of highway on the Federal-aid system described in that subsection that, as of the date on which a toll is imposed on the segment, will have the same number of nontoll lanes as were in existence prior to that date. (2) High-occupancy vehicle lanes A high-occupancy vehicle lane that is converted to a toll lane shall not be subject to this section, and shall not be considered to be a nontoll lane for purposes of determining whether a highway will have fewer nontoll lanes than prior to the date of imposition of the toll, if— (A) high-occupancy vehicles occupied by the number of passengers specified by the entity operating the toll lane may use the toll lane without paying a toll, unless otherwise specified by the appropriate county, town, municipal or other local government entity, or public toll road or transit authority; or (B) each high-occupancy vehicle lane that was converted to a toll lane was constructed as a temporary lane to be replaced by a toll lane under a plan approved by the appropriate county, town, municipal or other local government entity, or public toll road or transit authority. 124. From the unobligated balances of funds apportioned among the States prior to October 1, 2012, under sections 104(b) of title 23, United States Code (as in effect on the day before the date of enactment of Public Law 112–141 Provided Public Law 112–141 Public Law 109–59 Public Law 112–141 Provided further Provided further section 104(a) Provided further section 104(a) 125. None of the funds in this Act to the Department of Transportation may be used to provide credit assistance unless not less than 3 days before any application approval to provide credit assistance under sections 603 604 Provided 126. Section 149(m) that was previously eligible under this section for which CMAQ funding was made available, obligated or expended in fiscal year 2012, and shall have no imposed time limitation Federal motor carrier safety administration Motor carrier safety operations and programs (liquidation of contract authorization) (limitation on obligations) (highway trust fund) For payment of obligations incurred in the implementation, execution and administration of motor carrier safety operations and programs pursuant to section 31104(i) Public Law 109–59 Public Law 112–141 Provided Motor Carrier Safety Operations and Programs Public Law 109–59 Provided further Provided further National Motor Carrier safety (liquidation of contract authorization) (limitation of obligations) (highway trust fund) For payment of obligations incurred in the implementation, execution, and administration of national motor carrier safety programs pursuant to section 31104(i) Public Law 109–59 Provided Provided further Public Law 105–178 Motor carrier safety grants (liquidation of contract authorization) (limitation on obligations) (highway trust fund) For payment of obligations incurred in carrying out sections 31102, 31104(a), 31106, 31107, 31109, 31309, 31313 of title 49, United States Code, and sections 4126 and 4128 of Public Law 109–59 Public Law 112–141 Provided Motor Carrier Safety Grants Provided further ADMINISTRATIVE PROVISION—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION 130. Funds appropriated or limited in this Act shall be subject to the terms and conditions stipulated in section 350 of Public Law 107–87 Public Law 110–28 131. Section 4144(d) of Public Law 109–59 September 30, 2013 September 30, 2014 132. Section 4138 of Public Law 109–59 category A or B high-risk National highway traffic safety administration Operations and research For expenses necessary to discharge the functions of the Secretary, with respect to traffic and highway safety authorized under chapter 301 and part C of subtitle VI of title 49, United States Code, $148,343,000, of which $20,000,000 shall remain available through September 30, 2015. Operations and research (liquidation of contract authorization) (limitation on obligations) (highway trust fund) For payment of obligations incurred in carrying out the provisions of 23 U.S.C. 403 chapter 303 Provided chapter 303 Provided further Provided further 23 U.S.C. 403 chapter 303 Highway traffic safety grants (liquidation of contract authorization) (limitation on obligations) (highway trust fund) For payment of obligations incurred in carrying out the provisions of 23 U.S.C. 402 and 405, section 2009 of Public Law 109–59 as amended by Public Law 112–141 Provided Public Law 109–59 Public Law 112–141 Highway Safety Programs 23 U.S.C. 402 National Priority Safety Programs 23 U.S.C. 405 High Visibility Enforcement Program Public Law 109–59 Public Law 112–141 Administrative Expenses Public Law 112–141 Provided further Provided further National Priority Safety Programs Impaired Driving Countermeasures Provided further Transfers Provided further 23 U.S.C. 405(a)(1)(G) Administrative provisions—national highway traffic safety administration 140. An additional $130,000 shall be made available to the National Highway Traffic Safety Administration, out of the amount limited for section 402 of title 23, United States Code, to pay for travel and related expenses for State management reviews and to pay for core competency development training and related expenses for highway safety staff. 141. The limitations on obligations for the programs of the National Highway Traffic Safety Administration set in this Act shall not apply to obligations for which obligation authority was made available in previous public laws but only to the extent that the obligation authority has not lapsed or been used. 142. None of the funds in this Act shall be used to implement section 404 Federal railroad administration Safety and operations For necessary expenses of the Federal Railroad Administration, not otherwise provided for, $184,500,000, of which $12,400,000 shall remain available until expended. Railroad research and development For necessary expenses for railroad research and development, $35,250,000, to remain available until expended. Railroad rehabilitation and improvement financing program The Secretary of Transportation is authorized to issue direct loans and loan guarantees pursuant to sections 501 through 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( Public Law 94–210 Provided Grants to the national railroad passenger corporation To enable the Secretary of Transportation to make grants to the National Railroad Passenger Corporation as authorized by the Passenger Rail Investment and Improvement Act of 2008 (division B of Public Law 110–432 such law Provided Provided further Provided further Provided further Provided further section 24905 Provided further Capital assistance for national high performance passenger rail service To enable the Secretary of Transportation to make grants for projects that solely improve existing passenger rail corridor services as authorized under sections 24402, 24105 Provided chapter 227 Provided further Provided further Provided further Provided further Provided further Provided further Next generation high speed rail (rescission) Of the funds made available for Next Generation High Speed Rail, as authorized by sections 1103 and 7201 of Public Law 105–178, $1,973,000 are hereby permanently rescinded. Northeast corridor improvement program (rescission) Of the funds made available for the Northeast Corridor Improvement Program, as authorized by Public Law 94–210 Administrative provisions—federal railroad administration 150. Hereafter, notwithstanding any other provision of law, funds provided in this Act for the National Railroad Passenger Corporation shall immediately cease to be available to said Corporation in the event that the Corporation contracts to have services provided at or from any location outside the United States. For purposes of this section, the word services 151. The Secretary of Transportation may receive and expend cash, or receive and utilize spare parts and similar items, from non-United States Government sources to repair damages to or replace United States Government owned automated track inspection cars and equipment as a result of third-party liability for such damages, and any amounts collected under this section shall be credited directly to the Safety and Operations account of the Federal Railroad Administration, and shall remain available until expended for the repair, operation and maintenance of automated track inspection cars and equipment in connection with the automated track inspection program. 152. None of the funds provided to the National Railroad Passenger Corporation may be used to fund any overtime costs in excess of $35,000 for any individual employee: Provided Provided further 153. The amounts available to the National Railroad Passenger Corporation for the operation of intercity passenger rail shall be available for distribution by the Secretary only after receiving and reviewing a grant request for each specific train route accompanied by a detailed financial analysis, revenue projection, and capital asset plan justifying the Federal support to the Secretary’s satisfaction. 154. Of the funds made available under Public Law 113–2 under the heading Federal Railroad Administration, Grants to the National Railroad Passenger Corporation or any other Act Federal transit administration Administrative expenses For necessary administrative expenses of the Federal Transit Administration's programs authorized by chapter 53 Provided Formula Grants (liquidation of contract authority) (limitation on obligations) (highway trust fund) For payment of obligations incurred in carrying out the provisions of 49 U.S.C. 5305 Public Law 112–141 Public Law 112–141 Provided 49 U.S.C. 5305 Public Law 112–141 Public Law 112–141 Transit research programs For necessary expenses to carry out 49 U.S.C. 5312, 5313, 5314, and 5322(a), (b) and (e), $55,300,000, to remain available until September 30, 2015: Provided 49 U.S.C. 5312 Provided further Capital investment grants For necessary expenses to carry out 49 U.S.C. 5309, $1,942,938,000, to remain available until expended. Grants to the washington metropolitan area transit authority For grants to the Washington Metropolitan Area Transit Authority as authorized under section 601 of division B of Public Law 110–432 Provided Provided further Provided further Public Law 110–432 Public transportation emergency relief program For necessary expenses to carry out 49 U.S.C. 5324 Administrative provisions—federal transit administration (including rescission of funds) 160. The limitations on obligations for the programs of the Federal Transit Administration shall not apply to any authority under 49 U.S.C. 5338 161. Funds appropriated or limited by this Act under the heading Fixed Guideway Capital Investment 162. Any funds appropriated before October 1, 2013, under any section of chapter 53 163. Hereafter, the Secretary may not enforce regulations related to charter bus service under part 604 of title 49, Code of Federal Regulations, for any transit agency who during fiscal year 2008 was both initially granted a 60-day period to come into compliance with part 604, and then was subsequently granted an exception from said part. 164. For purposes of applying the project justification and local financial commitment criteria of 49 U.S.C. 5309(d) 165. Unobligated and recovered fiscal year 2010 through 2012 funds that were made available to carry out 49 U.S.C. 5339 shall be available to carry out 49 U.S.C. 5309 Public Law 112–141 166. New bus rapid transit projects recommended in the President’s budget submission to the Congress of the United States for funds appropriated under the heading Capital Investment Grants Provided 167. Of the funds made available for the Formula Grants program, as authorized by Public Law 97–424 Provided Public Law 91–453 Provided further Public Law 95–599 Provided further Public Law 91–453 Provided further Public Law 105–178 Provided further Public Law 105–178 Provided further Public Law 95–599 Provided further 23 U.S.C. 103(e)(4) Provided further Public Law 96–184 Public Law 101–551 Provided further Public Law 88–365 Provided further Saint lawrence seaway development corporation The Saint Lawrence Seaway Development Corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the Corporation's budget for the current fiscal year. Operations and maintenance (harbor maintenance trust fund) For necessary expenses to conduct the operations, maintenance, and capital asset renewal activities of those portions of the St. Lawrence Seaway owned, operated, and maintained by the Saint Lawrence Seaway Development Corporation, $33,000,000, to be derived from the Harbor Maintenance Trust Fund, pursuant to Public Law 99–662. Maritime administration Maritime security program For necessary expenses to maintain and preserve a U.S.-flag merchant fleet to serve the national security needs of the United States, $186,000,000, to remain available until expended. Operations and training For necessary expenses of operations and training activities authorized by law, $153,803,000, of which $11,100,000 shall remain available until expended for maintenance and repair of training ships at State Maritime Academies, and of which $2,400,000 shall remain available through September 30, 2015 for Student Incentive Program payments at State Maritime Academies, and of which $18,000,000 shall remain available until expended for facilities maintenance and repair, equipment, and capital improvements at the United State Merchant Marine Academy: Provided Provided further Provided further Provided further Provided further Ship disposal For necessary expenses related to the disposal of obsolete vessels in the National Defense Reserve Fleet of the Maritime Administration, $4,800,000, to remain available until expended. Assistance to small shipyards To make grants to qualified shipyards as authorized under section 3508 of Public Law 110–417 Provided Provided further Maritime guaranteed loan (title xi) program account (including transfer of funds) For the cost of guaranteed loans, as authorized, $38,500,000, of which $35,000,000 shall remain available until expended: Provided Provided further Operations and Training Administrative provision—maritime administration 170. Notwithstanding any other provision of this Act, the Maritime Administration is authorized to furnish utilities and services and make necessary repairs in connection with any lease, contract, or occupancy involving Government property under control of the Maritime Administration, and payments received therefor shall be credited to the appropriation charged with the cost thereof: Provided Pipeline and hazardous materials safety administration Operational expenses (pipeline safety fund) (including transfer of funds) For necessary operational expenses of the Pipeline and Hazardous Materials Safety Administration, $21,654,000, of which $639,000 shall be derived from the Pipeline Safety Fund: Provided Pipeline Safety Pipeline Safety Information Grants to Communities Hazardous materials safety For expenses necessary to discharge the hazardous materials safety functions of the Pipeline and Hazardous Materials Safety Administration, $45,000,000, of which $2,300,000 shall remain available until September 30, 2016: Provided Provided further, Pipeline safety (pipeline safety fund) (oil spill liability trust fund) (pipeline safety design review fund) For expenses necessary to conduct the functions of the pipeline safety program, for grants-in-aid to carry out a pipeline safety program, as authorized by 49 U.S.C. 60107 Public Law 112–90 Emergency preparedness grants (emergency preparedness fund) For necessary expenses to carry out 49 U.S.C. 5128(b), $188,000, to be derived from the Emergency Preparedness Fund, to remain available until September 30, 2015: Provided 49 U.S.C. 5116(i) Provided further 49 U.S.C. 5116(i) Office of inspector general Salaries and expenses For necessary expenses of the Office of the Inspector General to carry out the provisions of the Inspector General Act of 1978, as amended, $86,605,000: Provided 5 U.S.C. App. 3 18 U.S.C. 1001 Provided further section 41712 Provided further, Surface transportation board Salaries and expenses For necessary expenses of the Surface Transportation Board, including services authorized by 5 U.S.C. 3109 Provided Provided further General provisions—Department of transportation 180. During the current fiscal year, applicable appropriations to the Department of Transportation shall be available for maintenance and operation of aircraft; hire of passenger motor vehicles and aircraft; purchase of liability insurance for motor vehicles operating in foreign countries on official department business; and uniforms or allowances therefor, as authorized by law ( 5 U.S.C. 5901–5902 181. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized by 5 U.S.C. 3109 182. None of the funds in this Act shall be available for salaries and expenses of more than 110 political and Presidential appointees in the Department of Transportation: Provided 183. (a) No recipient of funds made available in this Act shall disseminate personal information (as defined in 18 U.S.C. 2725(3)) obtained by a State department of motor vehicles in connection with a motor vehicle record as defined in 18 U.S.C. 2725(1) (b) Notwithstanding subsection (a), the Secretary shall not withhold funds provided in this Act for any grantee if a State is in noncompliance with this provision. 184. Funds received by the Federal Highway Administration, Federal Transit Administration, and Federal Railroad Administration from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training may be credited respectively to the Federal Highway Administration's Federal-Aid Highways Transit Research Programs Safety and Operations 185. None of the funds in this Act to the Department of Transportation may be used to make a grant unless the Secretary of Transportation notifies the House and Senate Committees on Appropriations not less than 3 full business days before any project competitively selected to receive a discretionary grant award, any discretionary grant award, letter of intent, or full funding grant agreement is announced by the department or its modal administrations from: (1) any discretionary grant program of the Federal Highway Administration including the emergency relief program; (2) the airport improvement program of the Federal Aviation Administration; (3) any program of the Federal Railroad Administration; (4) any program of the Federal Transit Administration other than the formula grants and fixed guideway modernization programs; or (5) any funding provided under the headings National Infrastructure Investments Assistance to Small Shipyards Provided quick release Provided further 186. Rebates, refunds, incentive payments, minor fees and other funds received by the Department of Transportation from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources are to be credited to appropriations of the Department of Transportation and allocated to elements of the Department of Transportation using fair and equitable criteria and such funds shall be available until expended. 187. Amounts made available in this or any other Act that the Secretary determines represent improper payments by the Department of Transportation to a third-party contractor under a financial assistance award, which are recovered pursuant to law, shall be available— (1) to reimburse the actual expenses incurred by the Department of Transportation in recovering improper payments; and (2) to pay contractors for services provided in recovering improper payments or contractor support in the implementation of the Improper Payments Information Act of 2002: Provided (A) shall be credited to and merged with the appropriation from which the improper payments were made, and shall be available for the purposes and period for which such appropriations are available: Provided further (B) if no such appropriation remains available, shall be deposited in the Treasury as miscellaneous receipts: Provided further Provided further improper payments 188. Notwithstanding any other provision of law, if any funds provided in or limited by this Act are subject to a reprogramming action that requires notice to be provided to the House and Senate Committees on Appropriations, transmission of said reprogramming notice shall be provided solely to the Committees on Appropriations, and said reprogramming action shall be approved or denied solely by the Committees on Appropriations: Provided 189. None of the funds appropriated or otherwise made available under this Act may be used by the Surface Transportation Board of the Department of Transportation to charge or collect any filing fee for rate or practice complaints filed with the Board in an amount in excess of the amount authorized for district court civil suit filing fees under section 1914 of title 28, United States Code. 190. Funds appropriated in this Act to the modal administrations may be obligated for the Office of the Secretary for the costs related to assessments or reimbursable agreements only when such amounts are for the costs of goods and services that are purchased to provide a direct benefit to the applicable modal administration or administrations. 191. The Secretary of Transportation is authorized to carry out a program that establishes uniform standards for developing and supporting agency transit pass and transit benefits authorized under section 7905 This title may be cited as the Department of Transportation Appropriations Act, 2014 II Department of housing and urban development Management and administration Administration, operations, and management For necessary salaries and expenses for administration, management and operations of the Department of Housing and Urban Development, $521,375,000, of which not to exceed $3,810,000 shall be available for the immediate Office of the Secretary; not to exceed $1,290,000 shall be available for the Office of the Deputy Secretary; not to exceed $1,760,000 shall be available for the Office of Adjudicatory Services; not to exceed $745,000 shall be available for the Office of Small and Disadvantaged Business Utilization; not to exceed $48,300,000 shall be available for the Office of the Chief Financial Officer; not to exceed $94,510,000 shall be available for the Office of the General Counsel; not to exceed $2,410,000 shall be available for the Office of Congressional and Intergovernmental Relations; not to exceed $3,530,000 shall be available for the Office of Public Affairs; not to exceed $51,810,000 shall be available for the Office of the Chief Human Capital Officer; not to exceed $193,600,000 shall be available for the Office of Administration; not to exceed $52,700,000 shall be available for the Office of Field Policy and Management; not to exceed $17,360,000 shall be available for the Office of the Chief Procurement Officer; not to exceed $3,150,000 shall be available for the Office of Departmental Equal Employment Opportunity; not to exceed $1,400,000 shall be available for the Center for Faith-Based and Neighborhood Partnerships; not to exceed $5,000,000 shall be available for the Office of Strategic Planning and Management; and not to exceed $40,000,000 shall be available for the Office of the Chief Information Officer: Provided 5 U.S.C. 5901–5902 Provided further Provided further Provided further Provided further Program office salaries and expenses Public and indian housing For necessary salaries and expenses of the Office of Public and Indian Housing, $212,000,000. Community planning and development For necessary salaries and expenses of the Office of Community Planning and Development, $107,000,000. Housing For necessary salaries and expenses of the Office of Housing, $390,000,000, of which at least $8,000,000 shall be for the Office of Risk and Regulatory Affairs. Policy development and research For necessary salaries and expenses of the Office of Policy Development and Research, $23,000,000. Fair housing and equal opportunity For necessary salaries and expenses of the Office of Fair Housing and Equal Opportunity, $75,000,000. Office of healthy homes and lead hazard control For necessary salaries and expenses of the Office of Healthy Homes and Lead Hazard Control, $7,642,000. Public and Indian housing Rental assistance demonstration For continuing activities under the heading Rental Assistance Demonstration Public Law 112–55 Provided Tenant-based rental assistance For activities and assistance for the provision of tenant-based rental assistance authorized under the United States Housing Act of 1937, as amended ( 42 U.S.C. 1437 et seq. the Act Provided (1) $17,568,278,000 shall be available for renewals of expiring section 8 tenant-based annual contributions contracts (including renewals of enhanced vouchers under any provision of law authorizing such assistance under section 8(t) of the Act) and including renewal of other special purpose incremental vouchers: Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further (2) $150,000,000 shall be for section 8 rental assistance for relocation and replacement of housing units that are demolished or disposed of pursuant to section 18 of the Act, conversion of section 23 projects to assistance under section 8, the family unification program under section 8(x) of the Act, relocation of witnesses in connection with efforts to combat crime in public and assisted housing pursuant to a request from a law enforcement or prosecution agency, enhanced vouchers under any provision of law authorizing such assistance under section 8(t) of the Act, HOPE VI and Choice Neighborhood vouchers, mandatory and voluntary conversions, and tenant protection assistance including replacement and relocation assistance or for project-based assistance to prevent the displacement of unassisted elderly tenants currently residing in section 202 properties financed between 1959 and 1974 that are refinanced pursuant to Public Law 106–569 Provided Provided further (3) $1,685,374,000 shall be for administrative and other expenses of public housing agencies in administering the section 8 tenant-based rental assistance program, of which up to $15,000,000 shall be available to the Secretary to allocate to public housing agencies that need additional funds to administer their section 8 programs, including fees associated with section 8 tenant protection rental assistance, the administration of disaster related vouchers, Veterans Affairs Supportive Housing vouchers, and other special purpose incremental vouchers: Provided Public Law 105–276 Provided further Provided further Provided further (4) $110,564,000 for the renewal of tenant-based assistance contracts under section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 (5) $78,000,000 for incremental rental voucher assistance for use through a supported housing program administered in conjunction with the Department of Veterans Affairs as authorized under section 8(o)(19) of the United States Housing Act of 1937: Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further (6) The Secretary shall separately track all special purpose vouchers funded under this heading. Housing certificate fund Unobligated balances, including recaptures and carryover, remaining from funds appropriated to the Department of Housing and Urban Development under this heading, the heading Annual Contributions for Assisted Housing Project-Based Rental Assistance Provided Provided further Public housing capital fund For the Public Housing Capital Fund Program to carry out capital and management activities for public housing agencies, as authorized under section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437g) (the Act Provided Provided further obligate Provided further Provided further 42 U.S.C. 5121 et seq. Provided further 42 U.S.C. 1437z–6 25 U.S.C. 4101 et seq. Provided further Provided further Provided further Provided further Provided further Provided further Provided further Public housing operating fund For 2014 payments to public housing agencies for the operation and management of public housing, as authorized by section 9(e) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(e) Provided Choice neighborhoods For competitive grants under the Choice Neighborhoods Initiative (subject to section 24 of the United States Housing Act of 1937 ( 42 U.S.C. 1437v Provided Provided further, Provided further, Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Family self-sufficiency For the Family Self-Sufficiency program to support family self-sufficiency coordinators under section 23 of the United States Housing Act of 1937, to promote the development of local strategies to coordinate the use of assistance under sections 8(o) and 9 of such Act with public and private resources, and enable eligible families to achieve economic independence and self-sufficiency, $75,000,000: Provided Native american housing block grant For the Native American Housing Block Grant program, as authorized under title I of the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.), $675,000,000, to remain available until September 30, 2018: Provided Provided further Provided further Provided further Provided further Provided further Native hawaiian housing block grant For the Native Hawaiian Housing Block Grant program, as authorized under title VIII of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111 et seq.), $13,000,000, to remain available until expended: Provided Indian housing loan guarantee fund program account For the cost of guaranteed loans, as authorized by section 184 of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z–13a Provided Provided further Provided further Native hawaiian housing loan guarantee fund program account For the cost of guaranteed loans, as authorized by section 184A of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z–13b Provided Provided further Community planning and development Housing opportunities for persons with aids For carrying out the Housing Opportunities for Persons with AIDS program, as authorized by the AIDS Housing Opportunity Act ( 42 U.S.C. 12901 et seq. Provided Provided further Community development fund For assistance to units of State and local government, and to other entities, for economic and community development activities, and for other purposes, $3,295,000,000, to remain available until September 30, 2016, unless otherwise specified: Provided Act 42 U.S.C. 5301 et seq. Provided further Provided further Provided further Provided further Provided further Provided further Of the amounts made available under this heading, $75,000,000 shall be made available for Integrated Planning and Investment Grants to support local and regional public investment plans and implementation efforts that align public and private investments in development and infrastructure to better attract businesses and improve quality of life, modernize zoning and building codes, reduce barriers to achieve affordable and economically vital communities, attract private capital to community revitalization efforts, and sponsor community engagement efforts: Provided Provided further Community development loan guarantees program account Subject to section 502 of the Congressional Budget Act of 1974, during fiscal year 2014 commitments to guarantee loans under section 108 of the Housing and Community Development Act of 1974, any part of which is guaranteed, shall not exceed a total principal amount of $500,000,000, notwithstanding any aggregate limitation on outstanding obligations guaranteed in subsection (k) of such section 108: Provided Home investment partnerships program For the HOME investment partnerships program, as authorized under title II of the Cranston-Gonzalez National Affordable Housing Act, as amended, $1,000,000,000, to remain available until September 30, 2016: Provided Provided further Provided further Provided further Provided further, Provided further, Provided further Provided further Self-help and assisted homeownership opportunity program For the Self-Help and Assisted Homeownership Opportunity Program, as authorized under section 11 of the Housing Opportunity Program Extension Act of 1996, as amended, $53,500,000, to remain available until September 30, 2017: Provided Provided further 42 U.S.C. 9816 Provided further Homeless assistance grants (including transfer of funds) For the emergency Provided Provided further, Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Housing programs Project-based rental assistance For activities and assistance for the provision of project-based subsidy contracts under the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq. the Act Provided 42 U.S.C. 11401 Provided further 42 U.S.C. 1437(f) Provided further 12 U.S.C. 1715z–1(a) 12 U.S.C. 1701q Public Law 86–372 Public Law 86–372 Provided further Annual Contributions for Assisted Housing Housing Certificate Fund Provided further Provided further Housing for the elderly For amendments to capital advance contracts for housing for the elderly, as authorized by section 202 of the Housing Act of 1959, as amended, and for project rental assistance for the elderly under section 202(c)(2) of such Act, including amendments to contracts for such assistance and renewal of expiring contracts for such assistance for up to a 1-year term, and for senior preservation rental assistance contracts, as authorized by section 811(e) of the American Housing and Economic Opportunity Act of 2000, as amended, and for supportive services associated with the housing, $400,000,000 to remain available until September 30, 2017: Provided Provided further Provided further Provided further, Provided further Provided further Housing for persons with disabilities For amendments to capital advance contracts for supportive housing for persons with disabilities, as authorized by section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 Provided Provided further Provided further Provided further Housing counseling assistance For contracts, grants, and other assistance excluding loans, as authorized under section 106 of the Housing and Urban Development Act of 1968, as amended, $55,000,000, including up to $4,500,000 for administrative contract services: Provided Provided further Other assisted housing programs Rental housing assistance For amendments to contracts under section 101 of the Housing and Urban Development Act of 1965 ( 12 U.S.C. 1701s 12 U.S.C. 1715z–1 Rent supplement (includes rescissions) Of the amounts recaptured from terminated contracts under section 101 of the Housing and Urban Development Act of 1965 ( 12 U.S.C. 1701s Provided Payment to manufactured housing fees trust fund For necessary expenses as authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974 ( 42 U.S.C. 5401 et seq. Provided Provided further Provided further Provided further Provided further Federal housing administration Mutual mortgage insurance program account (including transfer of funds) Provided Provided further Provided further General and special risk program account New commitments to guarantee loans insured under the General and Special Risk Insurance Funds, as authorized by sections 238 and 519 of the National Housing Act (12 U.S.C. 1715z–3 and 1735c), shall not exceed $30,000,000,000 in total loan principal, any part of which is to be guaranteed, to remain available until September 30, 2015: Provided Government national mortgage association Guarantees of mortgage-backed securities loan guarantee program account New commitments to issue guarantees to carry out the purposes of section 306 of the National Housing Act, as amended (12 U.S.C. 1721(g)), shall not exceed $500,000,000,000, to remain available until September 30, 2015: Provided Provided further Provided further Policy development and research Research and technology For contracts, grants, and necessary expenses of programs of research and studies relating to housing and urban problems, not otherwise provided for, as authorized by title V of the Housing and Urban Development Act of 1970 ( 12 U.S.C. 1701z–1 et seq. Provided Provided further Provided further Public Law 109–282 Fair housing and equal opportunity Fair housing activities For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, and section 561 of the Housing and Community Development Act of 1987, as amended, $70,000,000, to remain available until September 30, 2015, of which $44,100,000 shall be to carry out activities pursuant to such section 561: Provided Provided further Provided further Office of healthy homes and lead hazard control Lead hazard reduction For the Lead Hazard Reduction Program, as authorized by section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, $120,000,000, to remain available until September 30, 2015: Provided Provided further 42 U.S.C. 4321 et seq. Provided further Provided further Provided further Provided further Information Technology fund (including transfer of funds) For additional capital for the Working Capital Fund ( 42 U.S.C. 3535 Provided Provided further Provided further Office of inspector general For necessary salaries and expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, as amended, $127,000,000: Provided Transformation Initiative (including transfer of funds) Of the amounts made available in this Act under each of the following headings under this title, the Secretary may transfer to, and merge with, this account up to 0.5 percent from each such account, and such transferred amounts shall be available until September 30, 2016, for (1) research, evaluation, and program metrics; (2) program demonstrations; and (3) technical assistance and capacity building: Choice Neighborhoods Initiative Community Development Fund Fair Housing Activities Family Self-Sufficiency HOME Investment Partnerships Program Self-Help and Assisted Homeownership Opportunity Program Homeless Assistance Grants Housing Counseling Assistance Housing for Persons with Disabilities Housing for the Elderly Housing Opportunities for Persons with AIDS Lead Hazard Reduction Mutual Mortgage Insurance Program Account Native American Housing Block Grants Native Hawaiian Housing Block Grant Project-Based Rental Assistance Public Housing Capital Fund Public Housing Operating Fund Rental Assistance Demonstration Rental Housing Assistance Tenant-Based Rental Assistance Provided Provided further Provided further Provided further General provisions—Department of housing and urban development (including transfer of funds) 201. Fifty percent of the amounts of budget authority, or in lieu thereof 50 percent of the cash amounts associated with such budget authority, that are recaptured from projects described in section 1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 ( 42 U.S.C. 1437 202. None of the amounts made available under this Act may be used during fiscal year 2014 to investigate or prosecute under the Fair Housing Act any otherwise lawful activity engaged in by one or more persons, including the filing or maintaining of a nonfrivolous legal action, that is engaged in solely for the purpose of achieving or preventing action by a Government official or entity, or a court of competent jurisdiction. 203. Sections 203 and 209 of division C of Public Law 112–55 fiscal year 2014 fiscal year 2011 fiscal year 2012 204. Except as explicitly provided in law, any grant, cooperative agreement or other assistance made pursuant to title II of this Act shall be made on a competitive basis and in accordance with section 102 of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545). 205. Funds of the Department of Housing and Urban Development subject to the Government Corporation Control Act or section 402 of the Housing Act of 1950 shall be available, without regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment for services and facilities of the Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Financing Bank, Federal Reserve banks or any member thereof, Federal Home Loan banks, and any insured bank within the meaning of the Federal Deposit Insurance Corporation Act, as amended ( 12 U.S.C. 1811–1 206. Unless otherwise provided for in this Act or through a reprogramming of funds, no part of any appropriation for the Department of Housing and Urban Development shall be available for any program, project or activity in excess of amounts set forth in the budget estimates submitted to Congress. 207. Corporations and agencies of the Department of Housing and Urban Development which are subject to the Government Corporation Control Act are hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of such Act as may be necessary in carrying out the programs set forth in the budget for 2014 for such corporation or agency except as hereinafter provided: Provided 208. The Secretary of Housing and Urban Development shall provide quarterly reports to the House and Senate Committees on Appropriations regarding all uncommitted, unobligated, recaptured and excess funds in each program and activity within the jurisdiction of the Department and shall submit additional, updated budget information to these Committees upon request. 209. Paragraph (2)(B)(i) of section 3(a) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(a) (1) in the matter preceding subclause (I)— (A) by striking Except as otherwise provided under this clause, each Each (B) by inserting after which shall not be lower than 80 percent of the applicable fair market rental established under section 8(c) of this Act and which shall (2) by striking the undesignated matter following subclause (II) and inserting the following: Public housing agencies must comply by June 1, 2014, with the requirement of this clause, except that if a new flat rental amount for a dwelling unit will increase a family's existing rental payment by more than 35 percent, the new flat rental amount shall be phased in as necessary to ensure that the family's existing rental payment does not increase by more than 35 percent annually. The preceding sentence shall not be construed to require establishment of rental amounts equal to 80 percent of the fair market rental in years when the fair market rental falls from the prior year. 210. Subparagraph (A) of section 3(b)(6) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b)(6)(A) , or a consortium of such entities or bodies as approved by the Secretary 211. A public housing agency or such other entity that administers Federal housing assistance for the Housing Authority of the county of Los Angeles, California, the States of Alaska, Iowa, and Mississippi shall not be required to include a resident of public housing or a recipient of assistance provided under section 8 of the United States Housing Act of 1937 on the board of directors or a similar governing board of such agency or entity as required under section (2)(b) of such Act. Each public housing agency or other entity that administers Federal housing assistance under section 8 for the Housing Authority of the county of Los Angeles, California and the States of Alaska, Iowa and Mississippi that chooses not to include a resident of public housing or a recipient of section 8 assistance on the board of directors or a similar governing board shall establish an advisory board of not less than six residents of public housing or recipients of section 8 assistance to provide advice and comment to the public housing agency or other administering entity on issues related to public housing and section 8. Such advisory board shall meet not less than quarterly. 212. (a) Notwithstanding any other provision of law, subject to the conditions listed in subsections (c) and (e), for fiscal years 2014 and 2015, the Secretary of Housing and Urban Development may authorize the transfer of some or all project-based assistance, debt held or insured by the Secretary and statutorily required low-income and very low-income use if any restrictions, associated with one or more multifamily housing project or projects to another multifamily housing project or projects. (b) Phased Transfers Transfers of project-based assistance under this section may be done in phases to accommodate the financing and other requirements related to rehabilitating or constructing the project or projects to which the assistance is transferred, to ensure that such project or projects meet the standards under section (c). (c) The transfer authorized in subsection (a) is subject to the following conditions: (1) Number and bedroom size of Units (A) For occupied units in the transferring project: the number of low-income and very low-income units and the configuration (i.e. bedroom size) provided by the transferring project shall be no less than when transferred to the receiving project or projects and the net dollar amount of Federal assistance provided to the transferring project shall remain the same in the receiving project or projects. (B) For unoccupied units in the transferring project: the Secretary may authorize a reduction in the number of dwelling units in the receiving project or projects to allow for a reconfiguration of bedroom sizes to meet current market demands, as determined by the Secretary and provided there is no increase in the project-based assistance budget authority. (2) The transferring project shall, as determined by the Secretary, be either physically obsolete or economically nonviable. (3) The receiving project or projects shall meet or exceed applicable physical standards established by the Secretary. (4) The owner or mortgagor of the transferring project shall notify and consult with the tenants residing in the transferring project and provide a certification of approval by all appropriate local governmental officials. (5) The tenants of the transferring project who remain eligible for assistance to be provided by the receiving project or projects shall not be required to vacate their units in the transferring project or projects until new units in the receiving project are available for occupancy. (6) The Secretary determines that this transfer is in the best interest of the tenants. (7) If either the transferring project or the receiving project or projects meets the condition specified in subsection (d)(2)(A), any lien on the receiving project resulting from additional financing obtained by the owner shall be subordinate to any FHA-insured mortgage lien transferred to, or placed on, such project by the Secretary, except that the Secretary may waive this requirement upon determination that such a waiver is necessary to facilitate the financing of acquisition, construction, and/or rehabilitation of the receiving project or projects. (8) If the transferring project meets the requirements of subsection (d)(2)(F), the owner or mortgagor of the receiving project or projects shall execute and record either a continuation of the existing use agreement or a new use agreement for the project where, in either case, any use restrictions in such agreement are of no lesser duration than the existing use restrictions. (9) The transfer does not increase the cost (as defined in section 502 of the Congressional Budget Act of 1974, as amended) of any FHA-insured mortgage, except to the extent that appropriations are provided for the amount of any such increased cost. (d) For purposes of this section— (1) the terms low-income very low-income (2) the term multifamily housing project (A) housing that is subject to a mortgage insured under the National Housing Act; (B) housing that has project-based assistance attached to the structure including projects undergoing mark to market debt restructuring under the Multifamily Assisted Housing Reform and Affordability Housing Act; (C) housing that is assisted under section 202 of the Housing Act of 1959 as amended by section 801 of the Cranston-Gonzales National Affordable Housing Act; (D) housing that is assisted under section 202 of the Housing Act of 1959, as such section existed before the enactment of the Cranston-Gonzales National Affordable Housing Act; (E) housing that is assisted under section 811 of the Cranston-Gonzales National Affordable Housing Act; or (F) housing or vacant land that is subject to a use agreement; (3) the term project-based assistance (A) assistance provided under section 8(b) of the United States Housing Act of 1937; (B) assistance for housing constructed or substantially rehabilitated pursuant to assistance provided under section 8(b)(2) of such Act (as such section existed immediately before October 1, 1983); (C) rent supplement payments under section 101 of the Housing and Urban Development Act of 1965; (D) interest reduction payments under section 236 and/or additional assistance payments under section 236(f)(2) of the National Housing Act; (E) assistance payments made under section 202(c)(2) of the Housing Act of 1959; and (F) assistance payments made under section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act; (4) the term receiving project or projects (5) the term transferring project (6) the term Secretary (e) Public Notice and Research Report (1) The Secretary shall publish by notice in the Federal Register the terms and conditions, including criteria for HUD approval, of transfers pursuant to this section no later than 30 days before the effective date of such notice. (2) The Secretary shall conduct an evaluation of the transfer authority under this section, including the effect of such transfers on the operational efficiency, contract rents, physical and financial conditions, and long-term preservation of the affected properties. 213. No funds provided under this title may be used for an audit of the Government National Mortgage Association that makes applicable requirements under the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 214. (a) No assistance shall be provided under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f (1) is enrolled as a student at an institution of higher education (as defined under section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 (2) is under 24 years of age; (3) is not a veteran; (4) is unmarried; (5) does not have a dependent child; (6) is not a person with disabilities, as such term is defined in section 3(b)(3)(E) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b)(3)(E) (7) is not otherwise individually eligible, or has parents who, individually or jointly, are not eligible, to receive assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f). (b) For purposes of determining the eligibility of a person to receive assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f 20 U.S.C. 1002 215. The funds made available for Native Alaskans under the heading Native American Housing Block Grants 216. Notwithstanding the limitation in the first sentence of section 255(g) of the National Housing Act (12 U.S.C. 1715z–g), the Secretary of Housing and Urban Development may, until September 30, 2014, insure and enter into commitments to insure mortgages under section 255(g) of the National Housing Act ( 12 U.S.C. 1715z–20 217. Notwithstanding any other provision of law, in fiscal year 2014, in managing and disposing of any multifamily property that is owned or has a mortgage held by the Secretary of Housing and Urban Development, and during the process of foreclosure on any property with a contract for rental assistance payments under section 8 of the United States Housing Act of 1937 or other Federal programs, the Secretary shall maintain any rental assistance payments under section 8 of the United States Housing Act of 1937 and other programs that are attached to any dwelling units in the property. To the extent the Secretary determines, in consultation with the tenants and the local government, that such a multifamily property owned or held by the Secretary is not feasible for continued rental assistance payments under such section 8 or other programs, based on consideration of (1) the costs of rehabilitating and operating the property and all available Federal, State, and local resources, including rent adjustments under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 ( MAHRAA 218. (a) Inspections Section 8(o)(8) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(8) (1) by redesignating subparagraph (E) as subparagraph (G); and (2) by striking subparagraph (D) and inserting the following new subparagraphs: (D) Biennial inspections (i) Requirement Each public housing agency providing assistance under this subsection (or other entity, as provided in paragraph (11)) shall, for each assisted dwelling unit, make inspections not less often than biennially during the term of the housing assistance payments contract for the unit to determine whether the unit is maintained in accordance with the requirements under subparagraph (A). (ii) Use of alternative inspection method The requirements under clause (i) may be complied with by use of inspections that qualify as an alternative inspection method pursuant to subparagraph (E). (iii) Records The public housing agency (or other entity) shall retain the records of the inspection for a reasonable time, as determined by the Secretary, and shall make the records available upon request to the Secretary, the Inspector General for the Department of Housing and Urban Development, and any auditor conducting an audit under section 5(h). (iv) Mixed-finance properties The Secretary may adjust the frequency of inspections for mixed-finance properties assisted with vouchers under paragraph (13) to facilitate the use of the alternative inspections in subparagraph (E). (E) Alternative inspection method An inspection of a property shall qualify as an alternative inspection method for purposes of this subparagraph if— (i) the inspection was conducted pursuant to requirements under a Federal, State, or local housing program (including the Home investment partnership program under title II of the Cranston-Gonzalez National Affordable Housing Act and the low-income housing tax credit program under section 42 (ii) pursuant to such inspection, the property was determined to meet the standards or requirements regarding housing quality or safety applicable to properties assisted under such program, and, if a non-Federal standard or requirement was used, the public housing agency has certified to the Secretary that such standard or requirement provides the same (or greater) protection to occupants of dwelling units meeting such standard or requirement as would the housing quality standards under subparagraph (B). (F) Interim inspections Upon notification to the public housing agency, by a family (on whose behalf tenant-based rental assistance is provided under this subsection) or by a government official, that the dwelling unit for which such assistance is provided does not comply with the housing quality standards under subparagraph (B), the public housing agency shall inspect the dwelling unit— (i) in the case of any condition that is life-threatening, within 24 hours after the agency's receipt of such notification, unless waived by the Secretary in extraordinary circumstances; and (ii) in the case of any condition that is not life-threatening, within a reasonable time frame, as determined by the Secretary. . (b) Effective date The amendments in subsection (a) shall take effect upon such date as the Secretary determines, in the Secretary's sole discretion, through the Secretary's publication of such date in the Federal Register, as part of regulations promulgated, or a notice issued, by the Secretary to implement such amendments. 219. Notwithstanding any other provision of law, the recipient of a grant under section 202b of the Housing Act of 1959 (12 U.S.C. 1701q) after December 26, 2000, in accordance with the unnumbered paragraph at the end of section 202(b) of such Act, may, at its option, establish a single-asset nonprofit entity to own the project and may lend the grant funds to such entity, which may be a private nonprofit organization described in section 831 of the American Homeownership and Economic Opportunity Act of 2000. 220. The commitment authority funded by fees as provided under the subheading Program Account Community Development Loan Guarantees Provided 221. Public housing agencies that own and operate 400 or fewer public housing units may elect to be exempt from any asset management requirement imposed by the Secretary of Housing and Urban Development in connection with the operating fund rule: Provided 222. With respect to the use of amounts provided in this Act and in future Acts for the operation, capital improvement and management of public housing as authorized by sections 9(d) and 9(e) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(d) 42 U.S.C. 1437g(g)(1) Provided 223. No official or employee of the Department of Housing and Urban Development shall be designated as an allotment holder unless the Office of the Chief Financial Officer has determined that such allotment holder has implemented an adequate system of funds control and has received training in funds control procedures and directives. The Chief Financial Officer shall ensure that, not later than 90 days after the date of enactment of this Act, a trained allotment holder shall be designated for each HUD subaccount under the heading Administration, Operations, and Management Program Office Salaries and Expenses 224. Payment of attorney fees in program-related litigation must be paid from individual program office personnel benefits and compensation funding. The annual budget submission for program office personnel benefit and compensation funding must include program-related litigation costs for attorney fees as a separate line item request. 225. The Secretary of the Department of Housing and Urban Development shall for fiscal year 2014 and subsequent fiscal years, notify the public through the Federal Register and other means, as determined appropriate, of the issuance of a notice of the availability of assistance or notice of funding availability (NOFA) for any program or discretionary fund administered by the Secretary that is to be competitively awarded. Notwithstanding any other provision of law, for fiscal year 2014 and subsequent fiscal years, the Secretary may make the NOFA available only on the Internet at the appropriate Government Web site or through other electronic media, as determined by the Secretary. 226. The Secretary of the Department of Housing and Urban Development is authorized to transfer up to 5 percent or $5,000,000, whichever is less, of the funds appropriated for any office funded under the heading Administration, Operations, and Management Provided Administration, Operations, and Management Provided further Program Office Salaries and Expenses Provided further Program Office Salaries and Expenses Provided further Administration, Operations and Management Program Office Salaries and Expenses 227. (a) The Secretary of Housing and Urban Development shall take the required actions under subsection (b) when a multifamily housing project with a section 8 contract or contract for similar project-based assistance: (1) receives a Real Estate Assessment Center (REAC) score of 30 or less; or (2) receives a REAC score between 31 and 59 and: (A) fails to certify in writing to HUD within 60 days that all deficiencies have been corrected; or (B) receives consecutive scores of less than 60 on REAC inspections. Such requirements shall apply to insured and noninsured projects with assistance attached to the units under section 8 of the united States housing Act of 1937 ( 42 U.S.C. 1437f (b) The Secretary shall take the following required actions as authorized under subsection (a)— (1) The Secretary shall notify the owner and provide an opportunity for response within 30 days. If the violations remain, the Secretary shall develop a Compliance, Disposition and Enforcement Plan within 60 days, with a specified timetable for correcting all deficiencies. The Secretary shall provide notice of the Plan to the owner, tenants, the local government, any mortgagees, and any contract administrator. (2) At the end of the term of the Compliance, Disposition and Enforcement Plan, if the owner fails to fully comply with such plan, the Secretary may require immediate replacement of project management with a management agent approved by the Secretary, and shall take one or more of the following actions, and provide additional notice of those actions to the owner and the parties specified above: (A) impose civil money penalties; (B) abate the section 8 contract, including partial abatement, as determined by the Secretary, until all deficiencies have been corrected; (C) pursue transfer of the project to an owner, approved by the Secretary under established procedures, which will be obligated to promptly make all required repairs and to accept renewal of the assistance contract as long as such renewal is offered; or (D) seek judicial appointment of a receiver to manage the property and cure all project deficiencies or seek a judicial order of specific performance requiring the owner to cure all project deficiencies. (c) The Secretary shall also take appropriate steps to ensure that project-based contracts remain in effect, subject to the exercise of contractual abatement remedies to assist relocation of tenants for imminent major threats to health and safety after written notice to and informed consent of the affected tenants and use of other remedies set forth above. To the extent the Secretary determines, in consultation with the tenants and the local government, that the property is not feasible for continued rental assistance payments under such section 8 or other programs, based on consideration of (1) the costs of rehabilitating and operating the property and all available Federal, State, and local resources, including rent adjustments under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 ( MAHRAA (1) The enforcement actions being taken to address such conditions, including imposition of civil money penalties and termination of subsidies, and identify properties that have such conditions multiple times; and (2) Actions that the Department of Housing and Urban Development is taking to protect tenants of such identified properties. 228. The Disaster Housing Assistance Programs, administered by the Department of Housing and Urban Development, shall be considered a program of the Department of Housing and Urban Development 229. (a) PHA compensation Section 2(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437(b) (4) Salary (A) General This paragraph establishes the maximum salary that a public housing agency may provide to its employees and the maximum annual contract amounts that may be paid to its contract personnel using funds provided under this Act. A public housing agency shall use the same salary structure as described in this paragraph and follow the requirements of uniform administrative rules for Federal grants and cooperative agreements and principles and standards for determining costs for Federal awards for all payments that it makes to its employees and for personnel hired as contractors when funds provided under this Act are used for such payments. (B) Salary structure (i) The base salary of public housing agency employees and the contract amount paid to contracted personnel from funds provided under this Act shall be based on the Federal General Schedule (GS) basic rate of pay, including locality adjustment, established under sections 5303 and 5304 of title 5, United States Code as follows: (I) For public housing agencies with fewer than 250 total units (public housing and section 8 housing vouchers), the base salary of a public housing agency employee or total annual payment to each contracted personnel shall not exceed the basic rate of pay, including a locality adjustment, for GS–11, step 10; (II) For public housing agencies with 250 to 1249 total units (public housing and section 8 housing vouchers), the base salary of a public housing employee or total annual payment to each contracted personnel shall not exceed the basic rate of pay, including locality adjustment, for GS–13, step 10; (III) For public housing agencies with 1250 or more total units (public housing and section 8 housing vouchers), the base salary of a public housing agency employee or total annual payment to each contracted personnel shall not exceed the basic rate of pay, including locality adjustment, for GS–15, step 10. (ii) Any amount of salary paid to an employee or of total annual payment to each contracted personnel that exceeds the amount provided under the structure of this paragraph must be from non-Act sources. (iii) The salary structure provided in subparagraph (B)(i) shall be subject to any requirements that may be established for the General Schedule by an appropriations Act or by Presidential executive order for any Federal fiscal year. (iv) A public housing agency must certify that it has established detailed performance measures that describe how public housing agency employees or personnel hired as contractors may receive a salary or contract increase within the limits of subparagraph (B)(i). The certification shall be transmitted to the Secretary in a format as determined by the Secretary. (C) Definitions For purposes of this section— (i) Employee includes any member of a public housing agency organization whose salary is paid in whole or in part from funds provided under this Act, and regardless of whether such employee is full-time or part-time, temporary or permanent. (ii) Contracted personnel includes any member of a public housing agency organization whose position is procured under uniform administrative rules for Federal grants and cooperative agreements and who is paid in whole or in part from funds provided under this Act, and regardless of whether such individual is full-time or part-time, hourly, temporary or permanent. No such position shall be for a period beyond 5 years without re-procurement. (iii) Salary includes the annual basic rate of pay, including a locality adjustment, as provided in sub-paragraph (B) and any additional adjustments, such as may be provided for overtime or shift differentials, bonuses, or contract payments including bonuses. Salary does not include fringe benefits as defined in principles and standards for determining costs for Federal awards. (D) Disclosure of records Each public housing agency shall make available to the Secretary upon request such financial and other records as the Secretary deems necessary for purpose of review and monitoring compliance with this section. . (b) Effective date The amendment made by subsection (a) shall take effect on January 1, 2014 except that for contract personnel the amendment should be effective upon the expiration of any contract in effect on the date of enactment of the amendment. 230. Paragraph (1) of section 242(i) of the National Housing Act ( 12 U.S.C. 1715z–7(i)(1) July 31, 2011 July 31, 2016 231. The Secretary of Housing and Urban Development shall report quarterly to the House and Senate Committees on Appropriations on the status of all section 8 project-based housing, including the number of all project-based units by region as well as an analysis of all federally subsidized housing being refinanced under the Mark-to-Market program. The Secretary shall identify in the report all existing units maintained by region as section 8 project-based units and all project-based units that have opted out of section 8 or have otherwise been eliminated as section 8 project-based units. The Secretary shall identify in detail and by project all efforts made by the Department to preserve all section 8 project-based housing units and all the reasons for any units which opted out or otherwise were lost as section 8 project-based units. Such analysis shall include a review of the impact of the loss of any subsidized units in that housing market including the cost impact of the loss of available subsidized, low-income housing in areas with scarce housing resources for low income families. 232. (a) Subsection (b) of section 225 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12755 Such 30 day waiting period is not required if the grounds for the termination or refusal to renew involve a direct threat to the safety of the tenants or employees of the housing, or an imminent and serious threat to the property (and the termination or refusal to renew is in accordance with the requirements of State or local law). (b) Section 231 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12771 (1) in subsection (b) by striking make such funds available by direct reallocation were recaptured reallocate the funds by formula in accordance with section 217(d) of this Act (42 U.S.C. 12747(d)) (2) by striking subsection (c). 233. Section 24 of the United States Housing Act of 1937 ( 42 U.S.C. 1437v (1) in subsection (m)(1), by striking fiscal year fiscal year 2014. (2) in subsection (o), by striking September September 30, 2014. 234. Of the amounts made available for salaries and expenses under all accounts under this title (except for the Office of Inspector General account), a total of up to $10,000,000 may be transferred to and merged with amounts made available in the Information Technology Fund 235. The proviso under the Community Development Fund quarterly annually 236. Title II of division K of Public Law 110–161 is amended by striking the item related to Flexible Subsidy Fund 237. (a) Section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a (1) in paragraph (2), by designating the first sentence as subparagraph (A), the second sentence as subparagraph (B), and the remaining sentences as subparagraph (D), and by inserting after subparagraph (B) the following new subparagraph (C): (C) The term extremely low-income families means very low-income families whose incomes do not exceed the higher of— (i) the poverty guidelines updated periodically by the Department of Health and Human Services under the authority of section 673(2) of the Community Services Block Grant Act applicable to a family of the size involved (except that this clause shall not apply in the case of public housing agencies or projects located in Puerto Rico or any other territory or possession of the United States); or (ii) 30 percent of the median family income for the area, as determined by the Secretary, with adjustments for smaller and larger families (except that the Secretary may establish income ceilings higher or lower than 30 percent of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes). ; and (b) Section 16 of the United States Housing Act of 1937 ( 42 U.S.C. 1437n (1) in subsection (a)(2)(A); (2) in subsection (b)(1); and (3) in subsection (c)(3), by striking families whose incomes low family incomes extremely low-income families 238. The language under the heading Rental Assistance Demonstration in the Department of Housing and Urban Development Appropriations Act, 2012 ( Public Law 112–55 (1) by striking (except for funds allocated under such section for single room occupancy dwellings as authorized by title IV of the McKinney-Vento Homeless Assistance Act) (2) in the third proviso by inserting in excess of amounts made available under this heading associated with such conversion (3) in the fourth proviso— (A) by striking 60,000 120,000 (B) by striking or section 8(e)(2) (4) in the penultimate proviso— (A) by inserting with respect to applications submitted That (B) by striking and 2013, through 2015 (C) by striking and agreement of the administering public housing agency, , either (D) by inserting , subject to the agreement of the administering public housing agency, available for such vouchers (E) by inserting or for conversion of assistance available for such tenant protection vouchers to assistance under a project-based subsidy contract under section 8 of the Act, which shall have a term of no less than 20 years, with rent adjustments limited to an operating cost factor established by the Secretary, and shall be subject to the availability of appropriations for each year of such term, and which shall be eligible for renewal under section 524 of the Multifamily Assisted Housing Reform and Affordability of 1997 ( 42 U.S.C. 1437f Provided further, Project-Based Rental Assistance Other Assisted Housing Programs, Rental Housing Assistance Provided further, Provided further, Other Assisted Housing Programs, Rental Housing Assistance Tenant-Based Rental Assistance Project-Based Rental Assistance Project-Based Rental Assistance subparagraphs (C) and (D) of section 8(o)(13) of the Act (5) in the final proviso, by striking proviso four provisos 239. None of the funds in this Act provided to the Department of Housing and Urban Development may be used to make a grant award unless the Secretary notifies the House and Senate Committees on Appropriations not less than 3 full business days before any project, State, locality, housing authority, tribe, nonprofit organization, or other entity selected to receive a grant award is announced by the Department or its offices. 240. Section 202(f)(2) of the Housing Act of 1959 ( 12 U.S.C. 1701q(f)(2) (a) in paragraph (A)— (1) by striking the matter before clause (i) and inserting the following: The Secretary shall establish procedures to delegate the award, review and processing of projects, selected by the Secretary in a national competition, to a State or local housing agency that— (2) in clause (iii), by striking capital advance funding (b) in subparagraph (B), by striking capital advances funding under this section (c) in subparagraph (C), by striking the first sentence; (d) by redesignating subparagraph (D) as subparagraph (E), and in the redesignated subparagraph (E)— (1) by striking a capital advance funding under this section (2) by striking capital advance amounts or project rental assistance funding under this section (e) by inserting the following new subparagraph after subparagraph (C): (D) Assistance under subsection (c)(2) may be provided for projects which identify in the application for assistance a defined health and other supportive services program including sources of financing the services for eligible residents and memoranda of understanding with service provision agencies and organizations to provide such services for eligible residents at their request. Such supportive services plan and memoranda of understating shall— (i) identify the target populations to be served by the project; (ii) set forth methods for outreach and referral; (iii) identify the health and other supportive services to be provided; and (iv) identify the terms under which such services will be made available to residents of the project. . 241. Section 11 of the Housing Opportunity Program Extension Act of 1996 ( 42 U.S.C. 12805 (1) in subsection (b)(1) after new dwelling or the rehabilitation of existing dwellings (2) in subsection (b)(2) after new or rehabilitated (3) in subsection (d)(1) after dwellings or rehabilitating existing dwellings to make them decent, safe and sanitary (4) in subsection (d)(2) by inserting at the end the following new subparagraph: (C) Planning, administration, and management Planning, administration, and management of grant programs and activities, provided that such expenses do not exceed 20 percent of any grant made under this section. ; (5) in subsection (i)(5) by— (A) striking 24 36 (B) striking except that such grant amounts (6) in subsection (j) by— (A) inserting after the heading (1) (B) striking 24 36 (C) striking (or, in the case within 36 months) (D) inserting at the end the following new paragraph: (2) Deadline for completion and conveyance The Secretary shall establish a deadline (which may be extended for good cause as determined by the Secretary) by which time all units that have been assisted with grant funds under this section must be completed and conveyed. . 242. Section 8(o)(2) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(2) (D) Utility allowance (i) General In determining the monthly assistance payment for a family under subparagraphs (A) and (B), the amount allowed for tenant-paid utilities shall not exceed the appropriate utility allowance for the family unit size as determined by the public housing agency regardless of the size of the dwelling unit leased by the family. (ii) Exception for families in including persons with disabilities Notwithstanding subparagraph (A), upon request by a family that includes a person with disabilities, the public housing agency shall approve a utility allowance that is higher than the applicable amount on the utility allowance schedule if a higher utility allowance is needed as a reasonable accommodation to make the program accessible to and usable by the family member with a disability. . 243. Paragraph (1) of section 8(c) of the United States Housing Act of 1937 ( 42 U.S.C. 1437 (1) by inserting (A) (2) by striking the fourth, seventh, eighth, ninth sentences; and (3) by adding at the end the following: (B) Publication of Fair Market Rentals Not less than annually: (i) The Secretary shall publish a notice in the Federal Register that proposed fair market rentals for an area have been published on the site of the Department on the Internet and in any other manner specified by the Secretary. Such notice shall describe proposed material changes in the methodology for estimating fair market rentals and shall provide reasonable time for public comment. (ii) The Secretary shall publish a notice in the Federal Register that final fair market rentals have been published on the site of the Department on the Internet and in any other manner specified by the Secretary. Such notice shall include the final decisions regarding proposed substantial methodological changes for estimating fair market rentals and responses to public comments. This title may be cited as the Department of Housing and Urban Development Appropriations Act, 2014 III Related agencies Access board Salaries and expenses For expenses necessary for the Access Board, as authorized by section 502 of the Rehabilitation Act of 1973, as amended, $7,448,000: Provided Federal maritime commission Salaries and expenses For necessary expenses of the Federal Maritime Commission as authorized by section 201(d) of the Merchant Marine Act, 1936, as amended ( 46 U.S.C. 307 31 U.S.C. 1343(b) 5 U.S.C. 5901–5902 Provided National railroad passenger corporation office of inspector general salaries and expenses For necessary expenses of the Office of Inspector General for the National Railroad Passenger Corporation to carry out the provisions of the Inspector General Act of 1978, as amended, $21,000,000: Provided 5 U.S.C. App. 3 18 U.S.C. 1001 Provided further Provided further Provided further National transportation safety board Salaries and expenses For necessary expenses of the National Transportation Safety Board, including hire of passenger motor vehicles and aircraft; services as authorized by 5 U.S.C. 3109 5 U.S.C. 5901–5902 Neighborhood reinvestment corporation Payment to the neighborhood reinvestment corporation For payment to the Neighborhood Reinvestment Corporation for use in neighborhood reinvestment activities, as authorized by the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101–8107), $138,300,000, of which $5,000,000 shall be for a multi-family rental housing program: Provided (1) The Neighborhood Reinvestment Corporation ( NRC (2) Mortgage foreclosure mitigation assistance shall only be made available to homeowners of owner-occupied homes with mortgages in default or in danger of default. These mortgages shall likely be subject to a foreclosure action and homeowners will be provided such assistance that shall consist of activities that are likely to prevent foreclosures and result in the long-term affordability of the mortgage retained pursuant to such activity or another positive outcome for the homeowner. No funds made available under this paragraph may be provided directly to lenders or homeowners to discharge outstanding mortgage balances or for any other direct debt reduction payments. (3) The use of Mortgage Foreclosure Mitigation Assistance by approved counseling intermediaries and State Housing Finance Agencies shall involve a reasonable analysis of the borrower's financial situation, an evaluation of the current value of the property that is subject to the mortgage, counseling regarding the assumption of the mortgage by another non-Federal party, counseling regarding the possible purchase of the mortgage by a non-Federal third party, counseling and advice of all likely restructuring and refinancing strategies or the approval of a work-out strategy by all interested parties. (4) NRC may provide up to 15 percent of the total funds under this paragraph to its own charter members with expertise in foreclosure prevention counseling, subject to a certification by the NRC that the procedures for selection do not consist of any procedures or activities that could be construed as an unacceptable conflict of interest or have the appearance of impropriety. (5) HUD-approved counseling entities and State Housing Finance Agencies receiving funds under this paragraph shall have demonstrated experience in successfully working with financial institutions as well as borrowers facing default, delinquency and foreclosure as well as documented counseling capacity, outreach capacity, past successful performance and positive outcomes with documented counseling plans (including post mortgage foreclosure mitigation counseling), loan workout agreements and loan modification agreements. NRC may use other criteria to demonstrate capacity in underserved areas. (6) Of the total amount made available under this paragraph, up to $3,000,000 may be made available to build the mortgage foreclosure and default mitigation counseling capacity of counseling intermediaries through NRC training courses with HUD-approved counseling intermediaries and their partners, except that private financial institutions that participate in NRC training shall pay market rates for such training. (7) Of the total amount made available under this paragraph, up to 5 percent may be used for associated administrative expenses for the NRC to carry out activities provided under this section. (8) Mortgage foreclosure mitigation assistance grants may include a budget for outreach and advertising, and training, as determined by the NRC. (9) The NRC shall continue to report bi-annually to the House and Senate Committees on Appropriations as well as the Senate Banking Committee and House Financial Services Committee on its efforts to mitigate mortgage default. United states interagency council on homelessness Operating expenses For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms, and the employment of experts and consultants under section 3109 of title 5, United States Code) of the United States Interagency Council on Homelessness in carrying out the functions pursuant to title II of the McKinney-Vento Homeless Assistance Act, as amended, $3,595,000. Title II of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11319 October 1, 2015 October 1, 2020 level V level IV IV General provisions—this act 401. Such sums as may be necessary for fiscal year 2014 pay raises for programs funded in this Act shall be absorbed within the levels appropriated in this Act or previous appropriations Acts. 402. None of the funds in this Act shall be used for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act. 403. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein. 404. The expenditure of any appropriation under this Act for any consulting service through procurement contract pursuant to section 3109 405. Except as otherwise provided in this Act, none of the funds provided in this Act, provided by previous appropriations Acts to the agencies or entities funded in this Act that remain available for obligation or expenditure in fiscal year 2014, or provided from any accounts in the Treasury derived by the collection of fees and available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates a new program; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by either the House or Senate Committees on Appropriations for a different purpose; (5) augments existing programs, projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; (6) reduces existing programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or (7) creates, reorganizes, or restructures a branch, division, office, bureau, board, commission, agency, administration, or department different from the budget justifications submitted to the Committees on Appropriations or the table accompanying the explanatory statement accompanying this Act, whichever is more detailed, unless prior approval is received from the House and Senate Committees on Appropriations: Provided Provided further (A) a table for each appropriation with a separate column to display the prior year enacted level, the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (B) a delineation in the table for each appropriation and its respective prior year enacted level by object class and program, project, and activity as detailed in the budget appendix for the respective appropriation; and (C) an identification of items of special congressional interest: Provided further 406. Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2014 from appropriations made available for salaries and expenses for fiscal year 2014 in this Act, shall remain available through September 30, 2015, for each such account for the purposes authorized: Provided Provided further 407. All Federal agencies and departments that are funded under this Act shall issue a report to the House and Senate Committees on Appropriations on all sole-source contracts by no later than July 30, 2014. Such report shall include the contractor, the amount of the contract and the rationale for using a sole-source contract. 408. (a) None of the funds made available in this Act may be obligated or expended for any employee training that— (1) does not meet identified needs for knowledge, skills, and abilities bearing directly upon the performance of official duties; (2) contains elements likely to induce high levels of emotional response or psychological stress in some participants; (3) does not require prior employee notification of the content and methods to be used in the training and written end of course evaluation; (4) contains any methods or content associated with religious or quasi-religious belief systems or new age (5) is offensive to, or designed to change, participants' personal values or lifestyle outside the workplace. (b) Nothing in this section shall prohibit, restrict, or otherwise preclude an agency from conducting training bearing directly upon the performance of official duties. 409. No funds in this Act may be used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use: Provided Provided further Public Law 107–118 410. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act. 411. No part of any appropriation contained in this Act shall be available to pay the salary for any person filling a position, other than a temporary position, formerly held by an employee who has left to enter the Armed Forces of the United States and has satisfactorily completed his period of active military or naval service, and has within 90 days after his release from such service or from hospitalization continuing after discharge for a period of not more than 1 year, made application for restoration to his former position and has been certified by the Office of Personnel Management as still qualified to perform the duties of his former position and has not been restored thereto. 412. No funds appropriated pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with chapter 83 413. No funds appropriated or otherwise made available under this Act shall be made available to any person or entity that has been convicted of violating chapter 83 414. None of the funds made available in this Act may be used for first-class airline accommodations in contravention of sections 301–10.122 301–10.123 415. None of the funds made available under this Act or any prior Act may be provided to the Association of Community Organizations for Reform Now (ACORN), or any of its affiliates, subsidiaries, or allied organizations. 416. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. 417. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. 418. None of the funds made available in this Act may be used to purchase a light bulb for an office building unless the light bulb has, to the extent practicable, an Energy Star or Federal Energy Management Program designation. 419. All agencies and departments funded by the Act shall send to Congress at the end of the fiscal year a report containing a complete inventory of the total number of vehicles owned, leased, permanently retired, and purchased during fiscal year 2014, as well as the total cost of the vehicle fleet, including maintenance, fuel, storage, purchasing, and leasing. 420. (a) The head of any Executive branch department, agency, board, commission, or office funded by this Act shall submit annual reports to the Inspector General or senior ethics official for any entity without an Inspector General, regarding the costs and contracting procedures related to each conference held by any such department, agency, board, commission, or office during fiscal year 2014 for which the cost to the United States Government was more than $100,000. (b) Each report submitted shall include, for each conference described in subsection (a) held during the applicable period— (1) a description of its purpose; (2) the number of participants attending; (3) a detailed statement of the costs to the United States Government, including— (A) the cost of any food or beverages; (B) the cost of any audio-visual services; (C) the cost of employee or contractor travel to and from the conference; and (D) a discussion of the methodology used to determine which costs relate to the conference; and (4) a description of the contracting procedures used including— (A) whether contracts were awarded on a competitive basis; and (B) a discussion of any cost comparison conducted by the departmental component or office in evaluating potential contractors for the conference. (c) Within 15 days of the date of a conference held by any Executive branch department, agency, board, commission, or office funded by this Act during fiscal year 2014 for which the cost to the United States Government was more than $20,000, the head of any such department, agency, board, commission, or office shall notify the Inspector General or senior ethics official for any entity without an Inspector General, of the date, location, and number of employees attending such conference. (d) A grant or contract funded by amounts appropriated by this Act to an Executive branch agency may not be used for the purpose of defraying the costs of a conference described in subsection (c) that is not directly and programmatically related to the purpose for which the grant or contract was awarded, such as a conference held in connection with planning, training, assessment, review, or other routine purposes related to a project funded by the grant or contract. (e) None of the funds made available in this Act may be used for travel and conference activities that are not in compliance with Office of Management and Budget Memorandum M–12–12 dated May 11, 2012. 421. None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 employees of a single agency or department of the United States Government, who are stationed in the United States, at any single international conference unless the relevant Secretary reports to the Committees on Appropriations at least 5 days in advance that such attendance is important to the national interest: Provided international conference This Act may be cited as the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2014 June 27, 2013 Read twice and placed on the calendar

Transportation, Housing and Urban Development, and Related Agencies Appropriations

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2014 - Title I: Agricultural Programs - Appropriates FY2014 funds for the following Department of Agriculture (USDA) programs and services: (1) Office of the Secretary of Agriculture (Secretary); (2) Office of the Chief Economist; (3) National Appeals Division; (4) Office of Budget and Program Analysis; (5) Office of the Chief Information Officer; (6) Office of the Chief Financial Officer; (7) Office of the Assistant Secretary for Civil Rights; (8) Office of Civil Rights; (9) agriculture buildings and facilities and rental payments; (10) hazardous materials management; (11) Office of Inspector General; (12) Office of the General Counsel; (13) Office of the Under Secretary for Research, Education, and Economics; (14) Economic Research Service; (15) National Agricultural Statistics Service; (16) Agricultural Research Service; (17) National Institute of Food and Agriculture; (18) Native American institutions endowment fund; (19) Hispanic-serving agricultural colleges and universities endowment fund; (20) extension and integrated activities; (21) Office of the Under Secretary for Marketing and Regulatory Programs; (22) Animal and Plant Health Inspection Service; (23) Agricultural Marketing Service; (24) Grain Inspection, Packers and Stockyards Administration; (25) Office of the Under Secretary for Food Safety; (26) Food Safety and Inspection Service; (27) Office of the Under Secretary for Farm and Foreign Agricultural Services; (28) Farm Service Agency; (29) Risk Management Agency; (30) Federal Crop Insurance Corporation Fund; and (31) Commodity Credit Corporation Fund. Title II: Conservation Programs - Appropriates funds for the following: (1) Office of the Under Secretary for Natural Resources and Environment, and (2) Natural Resources Conservation Service. Title III: Rural Development Programs- Appropriates funds for the following: (1) Office of the Under Secretary for Rural Development, (2) rural development salaries and expenses, (3) Rural Housing Service, (4) Rural Business-Cooperative Service, (5) Rural Utilities Service, and (6) rural community facilities program account. Title IV: Domestic Food Programs - Appropriates funds for the following: (1) Office of the Under Secretary for Food, Nutrition and Consumer Services; and (2) Food and Nutrition Service. Title V: Foreign Assistance and Related Programs - Appropriates funds for the following: (1) the Foreign Agricultural Service, (2) Food for Peace Act (P.L. 480) program title I and title II grants, (3) Commodity Credit Corporation (CCC) export loans, and (4) McGovern-Dole international food for education and child nutrition program grants. Title VI: Related Agency and Food and Drug Administration - Appropriates funds for the following: (1) Food and Drug Administration (FDA), and (2) Farm Credit Administration. Title VII: General Provisions - Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act. (Sec. 702) Authorizes the Secretary to transfer unobligated balances to the Working Capital Fund for plant and capital equipment acquisition, which shall remain available until expended. (Sec. 703) Prohibits appropriations under this Act from remaining available for obligation beyond the current fiscal year unless expressly provided for. (Sec. 704) Limits negotiated indirect costs on cooperative agreements between USDA and nonprofit organizations to 10%. (Sec. 705) Makes USDA appropriations for direct and guaranteed loans available for: (1) the Rural Development Loan Fund program account, (2) the Rural Electrification and Telecommunication Loans program account, and (3) the Rural Housing Insurance Fund program account. (Sec. 706) Prohibits funds made available to USDA under this Act from being used to acquire new information technology systems or significant upgrades. (Sec. 707) Makes funds available in the current fiscal year for agricultural management assistance under the Federal Crop Insurance Act and for specified conservation programs under the Food Security Act of 1985 until expended for current fiscal year obligations. (Sec. 708) Makes eligible for economic development and job creation assistance under the Rural Electrification Act in the same manner as a borrower under such Act any former Rural Utilities Service borrower that has repaid or prepaid an insured, direct, or guaranteed loan under such Act, or any not-for-profit utility that is eligible to receive an insured or direct loan under such Act. (Sec. 709) Prohibits, regarding the specialty crop research initiative, funds from being used to prohibit the provision of certain in-kind support from non-federal sources. (Sec. 710) Makes unobligated balances for salaries and expenses for the Farm Service Agency and the Rural Development mission area under this Act available for information technology expenses through September 30, 2015. (Sec. 711) Authorizes the Secretary to permit a state agency to use funds provided in this Act to exceed a specified maximum amount of liquid infant formula when issuing liquid infant formula to participants. (Sec. 712) Prohibits first-class travel by employees of agencies funded under this Act. (Sec. 713) States that with regard to certain programs established or amended by the Food, Conservation, and Energy Act of 2008 to be carried out using CCC funds: (1) such funds shall be available for salaries and administrative expenses without regard to certain allotment and fund transfer limits, and (2) the use of such funds shall not be considered to be a fund transfer or allotment for purposes of applying such limits. (Sec. 714) Limits funds made available in FY2013 or preceding fiscal years under P.L. 480 to reimburse the CCC for the release of certain commodities under the Bill Emerson Humanitarian Trust Act. (Sec. 715) Limits funds available for USDA advisory committees, panels, commissions, and task forces. (Sec. 716) Prohibits funds under this Act from being used to pay indirect costs charged against any agricultural research, education, or extension grant awards issued by the National Institute of Food and Agriculture that exceed 30% of total federal funds provided under each award. (Sec. 717) Authorizes the Secretary to increase the program level by up to 25% for certain loans and loan guarantees that do not require budget authority. Requires congressional notification prior to implementing any such increase. (Sec. 718) Prohibits the use of funds for the watershed rehabilitation program. Limits the use of funds for: (1) the environmental quality incentives program, (2) the wildlife habitat incentives program, and (3) the agricultural management assistance program. (Sec. 719) Limits FY2014 funds for the following domestic food assistance categories under the Act of August 24, 1935: (1) child nutrition program entitlement commodities, (2) state option contracts, and (3) defective commodity removal. Limits funds for the fresh fruit and vegetable program until October 1, 2014. Rescinds specified unobligated balances available in FY2014 for domestic food assistance. (Sec. 720) Prohibits the use of funds for user fee proposals that fail to provide certain budget impact information. (Sec. 721) Prohibits, without congressional notification, funds available under this Act or under previous appropriations Acts from being used through a reprogramming of funds to: (1) eliminate or create a new program, (2) relocate or reorganize an office or employees, (3) privatize federal employee functions, or (4) increase funds or personnel for any project for which funds have been denied or restricted. Prohibits, without congressional notification, funds available under this Act or under previous appropriations Acts from being used through a reprogramming of funds in excess of $500,000 or 10%, whichever is less: (1) to augment an existing program, (2) to reduce by 10% funding or personnel for any existing program, or (3) that results from a reduction in personnel which would result in a change in existing programs. (Sec. 722) Authorizes the Secretary to assess a one-time fee for any guaranteed business and industry loan that does not exceed 3% of the guaranteed principal portion of the loan. (Sec. 723) Prohibits USDA or FDA funds from being used to transmit to any non-USDA or non-Department of Health and Human Services (HHS) employee questions or responses to questions that are a result of information requested for the appropriations hearing process. (Sec. 724) Prohibits the use of funds under this Act by any executive branch entity to produce a prepackaged news story for U.S. broadcast or distribution unless it contains audio or text notice that it was produced or funded by such executive entity. (Sec. 725) Requires USDA agencies to reimburse each other for employees detailed for longer than 30 days. (Sec. 726) Appropriates funds for direct reimbursement payments for geographically disadvantaged farmers or ranchers. (Sec. 727) Appropriates funds for a pilot program to demonstrate the use of new technologies that increase the rate of growth of re-forested hardwood trees on private nonindustrial forests lands, enrolling lands on the coast of the Gulf of Mexico that were damaged by Hurricane Katrina in 2005. (Sec. 728) Directs the Secretary, the Commissioner of the Food and Drug Administration, and the Chairman of the Farm Credit Administration to submit to Congress a spending plan by program, project, and activity for the funds made available under this Act. (Sec. 729) Rescinds specified funds from unobligated balances available to the Department under the "Agriculture Buildings and Facilities and Rental Payments" account. (Sec. 730) Makes any area eligible for rural housing programs on September 30, 2013, eligible for such programs until September 30, 2014. (Sec. 731) Authorizes funds received by the Secretary in the global settlement of any federal litigation concerning federal mortgage loans during FY2012 to be obligated and expended by the Rural Housing Service for costs associated with servicing single family housing loans guaranteed by the Service. (Sec. 732) Authorizes the Secretary to charge lenders a fee (up to $50 per loan) to access USDA loan guarantee systems in connection with such lenders' participation in Rural Housing Service loan guarantee programs. (Sec. 733) Appropriates funds to implement non-renewable agreements for flooded agricultural lands. (Sec. 734) Requires FDA to submit quarterly reports to the Inspector General of the Department of Health and Human Services regarding the costs and contracting procedures for each FY2014 conference that cost the U.S. government more than $20,000. (Sec. 735) Designates the federal building located at 64 Nowelo Street, Hilo, Hawaii, as the Daniel K. Inouye United States Pacific Basin Agricultural Research Center. (Sec. 736) Prohibits funds under this Act from being used to inspect horses for slaughter purposes.

Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2014, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2014, and for other purposes, namely: I AGRICULTURAL PROGRAMS Production, Processing and Marketing Office of the Secretary (including transfers of funds) For necessary expenses of the Office of the Secretary, $44,148,000, of which not to exceed $5,086,000 shall be available for the immediate Office of the Secretary; not to exceed $502,000 shall be available for the Office of Tribal Relations; not to exceed $1,507,000 shall be available for the Office of Homeland Security and Emergency Coordination; not to exceed $1,217,000 shall be available for the Office of Advocacy and Outreach; not to exceed $23,802,000 shall be available for the Office of the Assistant Secretary for Administration, of which $22,993,000 shall be available for Departmental Administration to provide for necessary expenses for management support services to offices of the Department and for general administration, security, repairs and alterations, and other miscellaneous supplies and expenses not otherwise provided for and necessary for the practical and efficient work of the Department; not to exceed $3,897,000 shall be available for the Office of Assistant Secretary for Congressional Relations to carry out the programs funded by this Act, including programs involving intergovernmental affairs and liaison within the executive branch; and not to exceed $8,137,000 shall be available for the Office of Communications: Provided Provided further Provided further Provided further Provided further Provided further Executive operations Office of the chief economist For necessary expenses of the Office of the Chief Economist, $16,854,000, of which $4,000,000 shall be for grants or cooperative agreements for policy research under 7 U.S.C. 3155 and shall be obligated within 90 days of the enactment of this Act. national appeals division For necessary expenses of the National Appeals Division, $12,940,000. Office of budget and program analysis For necessary expenses of the Office of Budget and Program Analysis, $9,129,000. Office of the chief information officer For necessary expenses of the Office of the Chief Information Officer, $44,159,000. Office of the chief financial officer For necessary expenses of the Office of the Chief Financial Officer, $6,243,000: Provided Office of the assistant secretary for civil rights For necessary expenses of the Office of the Assistant Secretary for Civil Rights, $898,000. Office of civil rights For necessary expenses of the Office of Civil Rights, $21,550,000. Agriculture buildings and facilities and rental payments (including transfers of funds) For payment of space rental and related costs pursuant to Public Law 92–313 40 U.S.C. 486 Provided Provided further Hazardous materials management (including transfers of funds) For necessary expenses of the Department of Agriculture, to comply with the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation and Recovery Act ( 42 U.S.C. 6901 et seq. Provided Office of inspector general For necessary expenses of the Office of Inspector General, including employment pursuant to the Inspector General Act of 1978, $89,902,000, including such sums as may be necessary for contracting and other arrangements with public agencies and private persons pursuant to section 6(a)(9) of the Inspector General Act of 1978, and including not to exceed $125,000 for certain confidential operational expenses, including the payment of informants, to be expended under the direction of the Inspector General pursuant to Public Law 95–452 and section 1337 of Public Law 97–98. Office of the general counsel For necessary expenses of the Office of the General Counsel, $47,304,000, of which $3,451,000 is for the Office of Ethics. Office of the under secretary for research, education and economics For necessary expenses of the Office of the Under Secretary for Research, Education and Economics, $898,000. Economic research service For necessary expenses of the Economic Research Service, $78,506,000. National agricultural statistics service For necessary expenses of the National Agricultural Statistics Service, $162,133,000, of which up to $44,545,000 shall be available until expended for the Census of Agriculture. Agricultural research service Salaries and expenses For necessary expenses of the Agricultural Research Service and for acquisition of lands by donation, exchange, or purchase at a nominal cost not to exceed $100, and for land exchanges where the lands exchanged shall be of equal value or shall be equalized by a payment of money to the grantor which shall not exceed 25 percent of the total value of the land or interests transferred out of Federal ownership, $1,123,150,000: Provided Provided further Provided further Provided further Provided further 21 U.S.C. 113a Provided further, Provided further National institute of food and agriculture Research and education activities For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other expenses, $772,794,000, which shall be for the purposes, and in the amounts, specified in the table titled “National Institute of Food and Agriculture, Research and Education Activities” in the report accompanying this Act: Provided Provided further, Provided further, Provided further, Hispanic-serving agricultural colleges and universities endowment fund For the Hispanic-Serving Agricultural Colleges and Universities Endowment Fund under section 1456(b) (7 U.S.C. 3243(b)) of the National Agricultural Research, Extension and Teaching Policy Act of 1977, $10,000,000, to remain available until expended. Native american institutions endowment fund For the Native American Institutions Endowment Fund authorized by Public Law 103–382 7 U.S.C. 301 Extension activities For payments to States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, Micronesia, the Northern Marianas, and American Samoa, $469,399,000, which shall be for the purposes, and in the amounts, specified in the table titled “National Institute of Food and Agriculture, Extension Activities” in the report accompanying this Act: Provided Provided further, Provided further 7 U.S.C. 343(b) Public Law 93–471 Integrated activities For the integrated research, education, and extension grants programs, including necessary administrative expenses, $35,317,000, which shall be for the purposes, and in the amounts, specified in the table titled “National Institute of Food and Agriculture, Integrated Activities” in the report accompanying this Act: Provided Office of the under secretary for marketing and regulatory programs For necessary expenses of the Office of the Under Secretary for Marketing and Regulatory Programs, $898,000. Animal and plant health inspection service Salaries and expenses (including transfers of funds) For necessary expenses of the Animal and Plant Health Inspection Service, including up to $30,000 for representation allowances and for expenses pursuant to the Foreign Service Act of 1980 ( 22 U.S.C. 4085 contingency fund 15 U.S.C. 1831 Provided Provided further Provided further, Provided further Provided further Provided further 7 U.S.C. 2250 In fiscal year 2014, the agency is authorized to collect fees to cover the total costs of providing technical assistance, goods, or services requested by States, other political subdivisions, domestic and international organizations, foreign governments, or individuals, provided that such fees are structured such that any entity's liability for such fees is reasonably based on the technical assistance, goods, or services provided to the entity by the agency, and such fees shall be reimbursed to this account, to remain available until expended, without further appropriation, for providing such assistance, goods, or services. Buildings and facilities For plans, construction, repair, preventive maintenance, environmental support, improvement, extension, alteration, and purchase of fixed equipment or facilities, as authorized by 7 U.S.C. 2250 7 U.S.C. 428a Agricultural marketing service Marketing services For necessary expenses of the Agricultural Marketing Service, $82,792,000: Provided 7 U.S.C. 2250 Fees may be collected for the cost of standardization activities, as established by regulation pursuant to law (31 U.S.C. 9701). Limitation on administrative expenses Not to exceed $60,435,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses: Provided Funds for strengthening markets, income, and supply (section 32) (including transfers of funds) Funds available under section 32 of the Act of August 24, 1935 ( 7 U.S.C. 612c Payments to states and possessions For payments to departments of agriculture, bureaus and departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1623(b) Grain inspection, packers and stockyards administration Salaries and expenses For necessary expenses of the Grain Inspection, Packers and Stockyards Administration, $40,531,000: Provided 7 U.S.C. 2250 Limitation on inspection and weighing services expenses Not to exceed $50,000,000 (from fees collected) shall be obligated during the current fiscal year for inspection and weighing services: Provided Office of the under secretary for food safety For necessary expenses of the Office of the Under Secretary for Food Safety, $816,000. Food safety and inspection service For necessary expenses to carry out services authorized by the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act, including not to exceed $50,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 ( 7 U.S.C. 1766 7 U.S.C. 138f Provided Provided further Provided further Public Law 110–246 Provided further 7 U.S.C. 2250 Office of the under secretary for farm and foreign agricultural services For necessary expenses of the Office of the Under Secretary for Farm and Foreign Agricultural Services, $898,000. Farm service agency Salaries and expenses (including transfers of funds) For necessary expenses of the Farm Service Agency, $1,176,460,000: Provided Provided further Provided further State mediation grants For grants pursuant to section 502(b) of the Agricultural Credit Act of 1987, as amended ( 7 U.S.C. 5101–5106 Grassroots source water protection program For necessary expenses to carry out wellhead or groundwater protection activities under section 1240O of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–2 Dairy indemnity program (including transfer of funds) For necessary expenses involved in making indemnity payments to dairy farmers and manufacturers of dairy products under a dairy indemnity program, such sums as may be necessary, to remain available until expended: Provided Public Law 106–387 Agricultural Credit Insurance Fund Program Account (including transfers of funds) For gross obligations for the principal amount of direct and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating ( 7 U.S.C. 1941 et seq. 25 U.S.C. 488 7 U.S.C. 1989 7 U.S.C. 1924 et seq. 25 U.S.C. 488 Provided For the cost of direct and guaranteed loans and grants, including the cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, as follows: farm ownership, $4,428,000 for direct loans; farm operating loans, $67,058,000 for direct operating loans, $18,300,000 for unsubsidized guaranteed operating loans, emergency loans, $1,698,000, to remain available until expended; and Indian highly fractionated land loans, $68,000. In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $314,918,000, of which $306,998,000 shall be transferred to and merged with the appropriation for Farm Service Agency, Salaries and Expenses Funds appropriated by this Act to the Agricultural Credit Insurance Program Account for farm ownership, operating and conservation direct loans and guaranteed loans may be transferred among these programs: Provided Risk management agency For necessary expenses of the Risk Management Agency, $71,496,000: Provided Provided further, Corporations The following corporations and agencies are hereby authorized to make expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law, and to make contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such corporation or agency, except as hereinafter provided. Federal crop insurance corporation fund For payments as authorized by section 516 of the Federal Crop Insurance Act ( 7 U.S.C. 1516 Commodity credit corporation fund Reimbursement for net realized losses (including transfers of funds) For the current fiscal year, such sums as may be necessary to reimburse the Commodity Credit Corporation for net realized losses sustained, but not previously reimbursed, pursuant to section 2 of the Act of August 17, 1961 ( 15 U.S.C. 713a–11 Provided 15 U.S.C. 714i Hazardous waste management (limitation on expenses) For the current fiscal year, the Commodity Credit Corporation shall not expend more than $5,000,000 for site investigation and cleanup expenses, and operations and maintenance expenses to comply with the requirement of section 107(g) of the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9607(g) II Conservation programs Office of the under secretary for natural resources and environment For necessary expenses of the Office of the Under Secretary for Natural Resources and Environment, $898,000. Natural resources conservation service Conservation operations For necessary expenses for carrying out the provisions of the Act of April 27, 1935 (16 U.S.C. 590a–f), including preparation of conservation plans and establishment of measures to conserve soil and water (including farm irrigation and land drainage and such special measures for soil and water management as may be necessary to prevent floods and the siltation of reservoirs and to control agricultural related pollutants); operation of conservation plant materials centers; classification and mapping of soil; dissemination of information; acquisition of lands, water, and interests therein for use in the plant materials program by donation, exchange, or purchase at a nominal cost not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. 428a); purchase and erection or alteration or improvement of permanent and temporary buildings; and operation and maintenance of aircraft, $818,376,000, to remain available until September 30, 2015: Provided Provided further III Rural development programs Office of the under secretary for rural development For necessary expenses of the Office of the Under Secretary for Rural Development, $898,000. Rural development salaries and expenses (including transfers of funds) For necessary expenses for carrying out the administration and implementation of programs in the Rural Development mission area, including activities with institutions concerning the development and operation of agricultural cooperatives; and for cooperative agreements; $204,695,000: Provided Provided further Rural housing service Rural housing insurance fund program account (including transfers of funds) For gross obligations for the principal amount of direct and guaranteed loans as authorized by title V of the Housing Act of 1949, to be available from funds in the rural housing insurance fund, as follows: $900,000,000 shall be for direct loans and $24,000,000,000 shall be for unsubsidized guaranteed loans; $26,280,000 for section 504 housing repair loans; $28,432,000 for section 515 rental housing; $150,000,000 for section 538 guaranteed multi-family housing loans; $10,000,000 for credit sales of single family housing acquired property; $5,000,000 for section 523 self-help housing land development loans; and $5,000,000 for section 524 site development loans. For the cost of direct and guaranteed loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, as follows: section 502 loans, $24,480,000 shall be for direct loans; section 504 housing repair loans, $2,176,000; and repair, rehabilitation, and new construction of section 515 rental housing, $6,656,000: Provided 2 U.S.C. 661 et seq. Provided further 42 U.S.C. 1490q Provided further, Provided further Provided further In addition, for the cost of direct loans, grants, and contracts, as authorized by 42 U.S.C. 1484 and 1486, $13,992,000, to remain available until expended, for direct farm labor housing loans and domestic farm labor housing grants and contracts: Provided In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $417,692,000 shall be transferred to and merged with the appropriation for Rural Development, Salaries and Expenses Rental assistance program For rental assistance agreements entered into or renewed pursuant to the authority under section 521(a)(2) or agreements entered into in lieu of debt forgiveness or payments for eligible households as authorized by section 502(c)(5)(D) of the Housing Act of 1949, $1,015,050,000; and, in addition, such sums as may be necessary, as authorized by section 521(c) of the Act, to liquidate debt incurred prior to fiscal year 1992 to carry out the rental assistance program under section 521(a)(2) of the Act: Provided Provided further Provided further Provided further Multi-family housing revitalization program account For the rural housing voucher program as authorized under section 542 of the Housing Act of 1949, but notwithstanding subsection (b) of such section, and for additional costs to conduct a demonstration program for the preservation and revitalization of multi-family rental housing properties described in this paragraph, $32,575,000, to remain available until expended: Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Mutual and self-help housing grants For grants and contracts pursuant to section 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 1490c), $25,000,000, to remain available until expended: Provided Provided further Rural housing assistance grants For grants for very low-income housing repair and rural housing preservation made by the Rural Housing Service, as authorized by 42 U.S.C. 1474 Provided Provided further Rural community facilities program account (including transfers of funds) For gross obligations for the principal amount of direct loans as authorized by section 306 and described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act, $1,500,000,000 for direct loans and $59,543,000 for guaranteed loans. For the cost of guaranteed loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, $3,775,000, to remain available until expended. For the cost of grants for rural community facilities programs as authorized by section 306 and described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act, $28,733,000, to remain available until expended: Provided Provided further Provided further Provided further Provided further Public Law 106–387 Provided further Provided further, Provided further Provided further Rural business—Cooperative service Rural business program account (including transfers of funds) For the cost of loan guarantees and grants, for the rural business development programs authorized by sections 306 and 310B and described in subsections (f) and (g) of section 310B and section 381E(d)(3) of the Consolidated Farm and Rural Development Act, $98,539,000, to remain available until expended: Provided 7 U.S.C. 2009aa et seq. Provided further Provided further, Provided further Provided further Rural development loan fund program account (including transfer of funds) For the principal amount of direct loans, as authorized by the Rural Development Loan Fund ( 42 U.S.C. 9812(a) For the cost of direct loans, $4,082,000, as authorized by the Rural Development Loan Fund ( 42 U.S.C. 9812(a) Public Law 100–460 Provided Provided further, Provided further In addition, for administrative expenses to carry out the direct loan programs, $4,467,000 shall be transferred to and merged with the appropriation for Rural Development, Salaries and Expenses Rural economic development loans program account (including rescission of funds) For the principal amount of direct loans, as authorized under section 313 of the Rural Electrification Act, for the purpose of promoting rural economic development and job creation projects, $33,077,000. Of the funds derived from interest on the cushion of credit payments, as authorized by section 313 of the Rural Electrification Act of 1936, $180,000,000 shall not be obligated and $180,000,000 are rescinded. Rural cooperative development grants For rural cooperative development grants authorized under section 310B(e) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932 Provided Rural microenterprise investment program account For the cost of direct loans, $1,405,000, under the same terms and conditions as authorized by section 379E of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2008s Provided Rural energy for america program For the cost of a program of loan guarantees, under the same terms and conditions as authorized by section 9007 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107), $4,000,000: Provided Rural utilities service Rural water and waste disposal program account (including transfers of funds) For the cost of direct loans, loan guarantees, and grants for the rural water, waste water, waste disposal, and solid waste management programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B and described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the Consolidated Farm and Rural Development Act, $455,000,000, to remain available until expended, of which not to exceed $1,000,000 shall be available for the rural utilities program described in section 306(a)(2)(B) of such Act, and of which not to exceed $993,000 shall be available for the rural utilities program described in section 306E of such Act: Provided Provided further Public Law 105–83 Provided further Public Law 105–83 Provided further Provided further Provided further Provided further, Provided further Provided further 7 U.S.C. 918a Provided further 7 U.S.C. 918a Provided further For gross obligations for the principal amount of direct loans as authorized by section 1006a section 1002 Provided Provided further, Public Law 83–566 Provided further, Rural electrification and telecommunications loans program account (including transfer of funds) The principal amount of direct and guaranteed loans as authorized by sections 305 and 306 of the Rural Electrification Act of 1936 (7 U.S.C. 935 and 936) shall be made as follows: loans made pursuant to section 306 of that Act, rural electric, $5,000,000,000; guaranteed underwriting loans pursuant to section 313A, $500,000,000; cost of money rural telecommunications loans, $690,000,000: Provided In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $34,694,000, which shall be transferred to and merged with the appropriation for Rural Development, Salaries and Expenses Distance learning, telemedicine, and broadband program For the principal amount of broadband telecommunication loans, $30,651,000. For grants for telemedicine and distance learning services in rural areas, as authorized by 7 U.S.C. 950aaa et seq. Provided Provided further Provided further For the cost of broadband loans, as authorized by section 601 of the Rural Electrification Act, $4,000,000, to remain available until expended: Provided In addition, $10,372,000, to remain available until expended, for a grant program to finance broadband transmission in rural areas eligible for Distance Learning and Telemedicine Program benefits authorized by 7 U.S.C. 950aaa. IV Domestic food programs Office of the under secretary for food, nutrition and consumer services For necessary expenses of the Office of the Under Secretary for Food, Nutrition and Consumer Services, $816,000. Food and nutrition service Child nutrition programs (including transfers of funds) For necessary expenses to carry out the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21; $20,487,229,000, to remain available through September 30, 2015, of which such sums as are made available under section 14222(b)(1) of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246), as amended by this Act, shall be merged with and available for the same time period and purposes as provided herein: Provided Provided further, Special supplemental nutrition program for women, infants, and children (wic) For necessary expenses to carry out the special supplemental nutrition program as authorized by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 Provided 42 U.S.C. 1786(h)(10) Provided further Provided further Provided further Supplemental nutrition assistance program For necessary expenses to carry out the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. Provided Provided further Provided further Provided further Provided further Provided further Commodity assistance program For necessary expenses to carry out disaster assistance and the Commodity Supplemental Food Program as authorized by section 4(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note); the Emergency Food Assistance Act of 1983; special assistance for the nuclear affected islands, as authorized by section 103(f)(2) of the Compact of Free Association Amendments Act of 2003 ( Public Law 108–188 Provided Provided further Provided further 7 U.S.C. 2036(a) Provided further Nutrition programs administration For necessary administrative expenses of the Food and Nutrition Service for carrying out any domestic nutrition assistance program, $146,592,000: Provided Public Law 107–171 Public Law 110–246 V Foreign assistance and related programs Foreign agricultural service Salaries and expenses (including transfers of funds) For necessary expenses of the Foreign Agricultural Service, including not to exceed $158,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766), $178,826,000: Provided 7 U.S.C. 1737 Provided further Food for peace title i direct credit and food for progress program account (including transfers of funds) For administrative expenses to carry out the credit program of title I, Food for Peace Act (Public Law 83–480) and the Food for Progress Act of 1985, $2,730,000, shall be transferred to and merged with the appropriation for Farm Service Agency, Salaries and Expenses Provided Food for peace title ii grants For expenses during the current fiscal year, not otherwise recoverable, and unrecovered prior years' costs, including interest thereon, under the Food for Peace Act (Public Law 83–480, as amended), for commodities supplied in connection with dispositions abroad under title II of said Act, $1,466,000,000, to remain available until expended: Provided Provided further Provided further Mcgovern-dole international food for education and child nutrition program grants For necessary expenses to carry out the provisions of section 3107 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 1736o–1 Provided Commodity credit corporation export (loans) credit guarantee program account (including transfers of funds) For administrative expenses to carry out the Commodity Credit Corporation's export guarantee program, GSM 102 and GSM 103, $6,748,000; to cover common overhead expenses as permitted by section 11 of the Commodity Credit Corporation Charter Act and in conformity with the Federal Credit Reform Act of 1990, of which $6,394,000 shall be transferred to and merged with the appropriation for Foreign Agricultural Service, Salaries and Expenses Farm Service Agency, Salaries and Expenses VI Related agency and food and drug administration Department of health and human services Food and drug administration Salaries and expenses For necessary expenses of the Food and Drug Administration, including hire and purchase of passenger motor vehicles; for payment of space rental and related costs pursuant to Public Law 92–313 Public Law 107–188 Provided 21 U.S.C. 379h 21 U.S.C. 379j 21 U.S.C. 379j–42 21 U.S.C. 379j–52 21 U.S.C. 379j–12 21 U.S.C. 379j–21 21 U.S.C. 387s 21 U.S.C. 379j–31 21 U.S.C. 379j–31 Provided further Provided further Provided further Provided further Provided further Provided further Provided further In addition, mammography user fees authorized by 42 U.S.C. 263b 21 U.S.C. 381 Buildings and facilities For plans, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of or used by the Food and Drug Administration, where not otherwise provided, $11,000,000, to remain available until expended. Independent agency Farm credit administration Limitation on administrative expenses Not to exceed $63,300,000 (from assessments collected from farm credit institutions, including the Federal Agricultural Mortgage Corporation) shall be obligated during the current fiscal year for administrative expenses as authorized under 12 U.S.C. 2249: Provided VII GENERAL PROVISIONS (INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS) 701. Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department of Agriculture for the current fiscal year under this Act shall be available for the purchase, in addition to those specifically provided for, of not to exceed 69 passenger motor vehicles of which 69 shall be for replacement only, and for the hire of such vehicles: Provided 702. Notwithstanding any other provision of this Act, the Secretary of Agriculture may transfer unobligated balances of discretionary funds appropriated by this Act or any other available unobligated discretionary balances of the Department of Agriculture that are remaining available at the end of the fiscal year, to the Working Capital Fund for the acquisition of plant and capital equipment necessary for the delivery of financial, administrative, and information technology services of primary benefit to the agencies of the Department of Agriculture, such transferred funds to remain available until expended: Provided Provided further Provided further Provided further Provided further Provided further 703. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 704. No funds appropriated by this Act may be used to pay negotiated indirect cost rates on cooperative agreements or similar arrangements between the United States Department of Agriculture and nonprofit institutions in excess of 10 percent of the total direct cost of the agreement when the purpose of such cooperative arrangements is to carry out programs of mutual interest between the two parties. This does not preclude appropriate payment of indirect costs on grants and contracts with such institutions when such indirect costs are computed on a similar basis for all agencies for which appropriations are provided in this Act. 705. Appropriations to the Department of Agriculture for the cost of direct and guaranteed loans made available in the current fiscal year shall remain available until expended to disburse obligations made in the current fiscal year for the following accounts: the Rural Development Loan Fund program account, the Rural Electrification and Telecommunication Loans program account, and the Rural Housing Insurance Fund program account. 706. None of the funds made available to the Department of Agriculture by this Act may be used to acquire new information technology systems or significant upgrades, as determined by the Office of the Chief Information Officer, without the approval of the Chief Information Officer and the concurrence of the Executive Information Technology Investment Review Board: Provided Provided further 707. Funds made available under section 1240I and section 1241(a) of the Food Security Act of 1985 and section 524(b) of the Federal Crop Insurance Act ( 7 U.S.C. 1524(b) 708. Hereafter, notwithstanding any other provision of law, any former RUS borrower that has repaid or prepaid an insured, direct or guaranteed loan under the Rural Electrification Act of 1936, or any not-for-profit utility that is eligible to receive an insured or direct loan under such Act, shall be eligible for assistance under section 313(b)(2)(B) of such Act in the same manner as a borrower under such Act. 709. Notwithstanding any other provision of law, for the purposes of a grant under section 412 of the Agricultural Research, Extension, and Education Reform Act of 1998, none of the funds in this or any other Act may be used to prohibit the provision of in-kind support from non-Federal sources under section 412(e)(3) of such Act in the form of unrecovered indirect costs not otherwise charged against the grant, consistent with the indirect rate of cost approved for a recipient. 710. Except as otherwise specifically provided by law, unobligated balances from appropriations made available for salaries and expenses in this Act for the Farm Service Agency and the Rural Development mission area, shall remain available through September 30, 2015, for information technology expenses. 711. The Secretary of Agriculture may authorize a State agency to use funds provided in this Act to exceed the maximum amount of liquid infant formula specified in 7 CFR 246.10 when issuing liquid infant formula to participants. 712. None of the funds appropriated or otherwise made available by this Act may be used for first-class travel by the employees of agencies funded by this Act in contravention of sections 301–10.122 through 301–10.124 of title 41, Code of Federal Regulations. 713. In the case of each program established or amended by the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 (1) such funds shall be available for salaries and related administrative expenses, including technical assistance, associated with the implementation of the program, without regard to the limitation on the total amount of allotments and fund transfers contained in section 11 of the Commodity Credit Corporation Charter Act ( 15 U.S.C. 714i (2) the use of such funds for such purpose shall not be considered to be a fund transfer or allotment for purposes of applying the limitation on the total amount of allotments and fund transfers contained in such section. 714. None of the funds made available in fiscal year 2013 or preceding fiscal years for programs authorized under the Food for Peace Act ( 7 U.S.C. 1691 et seq. Provided 715. Of the funds made available by this Act, not more than $2,000,000 shall be used to cover necessary expenses of activities related to all advisory committees, panels, commissions, and task forces of the Department of Agriculture, except for panels used to comply with negotiated rule makings and panels used to evaluate competitively awarded grants. 716. None of the funds in this Act shall be available to pay indirect costs charged against any agricultural research, education, or extension grant awards issued by the National Institute of Food and Agriculture that exceed 30 percent of total Federal funds provided under each award: Provided 7 U.S.C. 3310 15 U.S.C. 638 717. For loans and loan guarantees that do not require budget authority and the program level has been established in this Act, the Secretary of Agriculture may increase the program level for such loans and loan guarantees by not more than 25 percent: Provided 718. None of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to carry out the following: (1) The Watershed Rehabilitation program authorized by section 14(h)(1) of the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1012(h)(1) (2) The Environmental Quality Incentives Program as authorized by sections 1240–1240H of the Food Security Act of 1985 (16 U.S.C. 3839aa–3839aa–8) in excess of $1,350,000,000; (3) The Wildlife Habitat Incentives Act authorized by section 1240N of the Food Security Act of 1985, as amended (16 U.S.C. 3839bb–1)) in excess of $70,000,000; and (4) Agricultural Management Assistance Program as authorized by section 524 of the Federal Crop Insurance Act, as amended (7 U.S.C. 1524) in excess of $2,500,000 for the Natural Resources Conservation Service. 719. None of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to carry out a program under subsection (b)(2)(A)(vi) of section 14222 of Public Law 110–246 Provided Provided further Public Law 110–246 Provided further Public Law 74–320 7 U.S.C. 612c Provided further Public Law 110–246 720. None of the funds appropriated by this or any other Act shall be used to pay the salaries and expenses of personnel who prepare or submit appropriations language as part of the President's budget submission to the Congress of the United States for programs under the jurisdiction of the Appropriations Subcommittees on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies that assumes revenues or reflects a reduction from the previous year due to user fees proposals that have not been enacted into law prior to the submission of the budget unless such budget submission identifies which additional spending reductions should occur in the event the user fees proposals are not enacted prior to the date of the convening of a committee of conference for the fiscal year 2015 appropriations Act. 721. (a) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming, transfer of funds, or reimbursements as authorized by the Economy Act, or in the case of the Department of Agriculture, through use of the authority provided by section 702(b) of the Department of Agriculture Organic Act of 1944 ( 7 U.S.C. 2257 Public Law 89–106 7 U.S.C. 2263 (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes offices, programs, or activities; or (6) contracts out or privatizes any functions or activities presently performed by Federal employees; unless the Secretary of Agriculture or the Secretary of Health and Human Services (as the case may be) notifies, in writing, the Committees on Appropriations of both Houses of Congress at least 30 days in advance of the reprogramming of such funds or the use of such authority. (b) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming or use of the authorities referred to in subsection (a) involving funds in excess of $500,000 or 10 percent, whichever is less, that— (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (3) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Secretary of Agriculture or the Secretary of Health and Human Services (as the case may be) notifies, in writing, the Committees on Appropriations of both Houses of Congress at least 30 days in advance of the reprogramming or transfer of such funds or the use of such authority. (c) The Secretary of Agriculture or the Secretary of Health and Human Services shall notify in writing the Committees on Appropriations of both Houses of Congress before implementing any program or activity not carried out during the previous fiscal year unless the program or activity is funded by this Act or specifically funded by any other Act. (d) As described in this section, no funds may be used for any activities unless the Secretary of Agriculture or the Secretary of Health and Human Services receives from the Committee on Appropriations of both Houses of Congress written or electronic mail confirmation of receipt of the notification as required in this section. 722. Notwithstanding section 310B(g)(5) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932(g)(5) 723. None of the funds appropriated or otherwise made available to the Department of Agriculture or the Food and Drug Administration shall be used to transmit or otherwise make available to any non-Department of Agriculture or non-Department of Health and Human Services employee questions or responses to questions that are a result of information requested for the appropriations hearing process. 724. Unless otherwise authorized by existing law, none of the funds provided in this Act, may be used by an executive branch agency to produce any prepackaged news story intended for broadcast or distribution in the United States unless the story includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared or funded by that executive branch agency. 725. No employee of the Department of Agriculture may be detailed or assigned from an agency or office funded by this Act or any other Act to any other agency or office of the Department for more than 30 days unless the individual's employing agency or office is fully reimbursed by the receiving agency or office for the salary and expenses of the employee for the period of assignment. 726. There is hereby appropriated $1,996,000 to carry out section 1621 of Public Law 110–246. 727. There is hereby appropriated $600,000 for the purposes of section 727 of division A of Public Law 112–55 728. Not later than 30 days after the date of enactment of this Act, the Secretary of Agriculture, the Commissioner of the Food and Drug Administration, and the Chairman of the Farm Credit Administration shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed spending plan by program, project, and activity for the funds made available under this Act. 729. Of the unobligated balances for buildings operations and maintenance expenses within Agriculture Buildings and Facilities and Rental Payments, $30,000,000 are rescinded: Provided 730. Notwithstanding any other provision of law, any area eligible for rural housing programs of the Rural Housing Service on September 30, 2013, shall remain eligible for such programs until September 30, 2014. 731. Funds received by the Secretary of Agriculture in the global settlement of any Federal litigation concerning Federal mortgage loans during fiscal year 2012 may be obligated and expended, in addition to any other available funds, by the Rural Housing Service to pay for costs associated with servicing single family housing loans guaranteed by the Rural Housing Service and such funds shall remain available until expended. 732. Hereafter, the Secretary may charge a fee for lenders to access Department loan guarantee systems in connection with such lenders’ participation in loan guarantee programs of the Rural Housing Service: Provided Provided further 733. In addition to amounts otherwise made available by this Act and notwithstanding the last sentence of 16 U.S.C. 1310 16 U.S.C. 1301–1311 734. (a) The Secretary of Agriculture and the Commissioner of the Food and Drug Administration shall submit annual reports to the Inspector General or senior ethics official for any entity without an Inspector General, regarding the costs and contracting procedures related to each conference held by any such Department, agency, board, commission, or office during fiscal year 2014 for which the cost to the United States Government was more than $100,000. (b) Each report submitted shall include, for each conference described in subsection (a) held during the applicable period— (1) a description of its purpose; (2) the number of participants attending; (3) a detailed statement of the costs to the United States Government, including— (A) the cost of any food or beverages; (B) the cost of any audio-visual services; (C) the cost of employee or contractor travel to and from the conference; and (D) a discussion of the methodology used to determine which costs relate to the conference; and (4) a description of the contracting procedures used including— (A) whether contracts were awarded on a competitive basis; and (B) a discussion of any cost comparison conducted by the departmental component or office in evaluating potential contractors for the conference. (c) Within 15 days of the date of a conference held by any executive branch department, agency, board, commission, or office funded by this Act during fiscal year 2014 for which the cost to the United States Government was more than $20,000, the head of any such Department, agency, board, commission, or office shall notify the Inspector General or senior ethics official for any entity without an Inspector General, of the date, location, and number of employees attending such conference. (d) A grant or contract funded by amounts appropriated by this Act to an executive branch agency may not be used for the purpose of defraying the costs of a conference described in subsection (c) that is not directly and programmatically related to the purpose for which the grant or contract was awarded, such as a conference held in connection with planning, training, assessment, review, or other routine purposes related to a project funded by the grant or contract. (e) None of the funds made available in this Act may be used for travel and conference activities that are not in compliance with Office of Management and Budget Memorandum M–12–12 dated May 11, 2012. 735. (a) Designation The Federal building located at 64 Nowelo Street, Hilo, Hawaii, shall be known and designated as the Daniel K. Inouye United States Pacific Basin Agricultural Research Center (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the Federal building referred to in subsection (a) shall be deemed to be a reference to the Daniel K. Inouye United States Pacific Basin Agricultural Research Center 736. None of the funds made available in this Act may be used to pay the salaries or expenses of personnel to— (1) inspect horses under section 3 of the Federal Meat Inspection Act ( 21 U.S.C. 603 (2) inspect horses under section 903 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 1901 Public Law 104–127 (3) implement or enforce section 352.19 of title 9, Code of Federal Regulations. This Act may be cited as the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2014 June 27, 2013 Read twice and placed on the calendar

Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2014

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Energy and Water Development and Related Agencies Appropriations Act, 2014 - Makes appropriations for energy and water development and related agencies for FY 2014. Title I: Corps Of Engineers-Civil - Makes appropriations for FY2014 to the Department of the Army, Corps of Engineers-Civil, for: (1) civil functions pertaining to rivers and harbors, flood and storm damage reduction, shore protection, and aquatic ecosystem restoration (including the Mississippi River alluvial valley below Cape Girardeau, Missouri); (2) the regulatory program pertaining to navigable waters and wetlands; (3) the formerly utilized sites remedial action program for clean-up of early atomic energy program contamination; (4) flood control and coastal emergencies, including hurricanes and other natural disasters; and (5) the Office of Assistant Secretary of the Army for Civil Works. (Sec. 101) Prohibits funds provided either in this Act or by previous appropriations Acts from remaining available for obligation or expenditure in FY2014 through a reprogramming that would: (1) either create, initiate, or eliminate a new program, project, or activity; (2) increase funds or personnel for any program, project, or activity for which funds are either denied or restricted by this Act without prior approval from congressional committees on appropriations; (3) propose to use for a different purpose any funds directed for a specific activity, without prior approval from such committees; or (4) augment or reduce existing programs, projects, or activities in excess of specified amounts without prior approval from such committees. Permits reprogramming under specified conditions for: (1) general investigations, (2) general construction, and (3) operation and maintenance (including the Mississippi River and Tributaries, and formerly utilized sites remedial action program). Discourages submission to the congressional appropriations committees of any reprogramming for less than $50,000 (de minimus reprogrammings). Exempts from the general prohibition against reprogramming any project or activity funded under the continuing authorities program. Directs the Corps of Engineers to report to the congressional appropriations committees a baseline for application of reprogramming and transfer authorities for the current fiscal year. (Sec. 102) Prohibits the use of funds to award any continuing contract that commits additional funding from the Inland Waterways Trust Fund before enactment of a long-term mechanism to enhance revenues in this Fund sufficient to meet the cost-sharing authorized in the Water Resources Development Act of 1986. (Sec. 103) Authorizes the Secretary of the Army (Secretary in this title) to implement measures recommended in a specified efficacy study, with appropriate modifications or emergency measures, to prevent aquatic nuisance species from dispersing into the Great Lakes by way of any hydrologic connection between the Great Lakes and the Mississippi River Basin. (Sec. 104) Authorizes the Secretary to transfer specified sums to the Fish and Wildlife Service to mitigate for fisheries lost due to Corps of Engineers projects. (Sec. 105) Amends the Water Resources Development Act of 1988 to increase to $2.918 billion the authorized federal cost of the navigation project for the Lower Ohio River, Locks and Dams 52 and 53, Illinois and Kentucky. (Sec. 106) Terminates the authorization for: (1) a navigation project consisting of a 4-foot channel located at the entrance to the harbor at Ipswich Harbor, Ipswich River, Massachusetts; (2) a specified portion of the project for navigation, Chicago Harbor, Illinois; and (3) a specified portion of the project for navigation, Warwick Cove, Rhode Island. (Sec. 109) Modifies the project for flood control, Little Calumet River, Indiana, to authorize the Secretary to implement the project at a specified total cost, with specified estimated federal and non-federal costs. (Sec. 110) Authorizes the Secretary to carry over credits in excess of the Non-Federal Sponsor's share of the total project cost between the C-111 South Dade project and the Kissimmee River project in Florida. Amends the Water Resources Development Act of 1992 to combine into a single authorized total project cost two current authorized Kissimmee River project costs for ecosystem restoration and headwaters revitalization projects. (Sec. 111) Increases the authorized costs of the navigation project, Miami Harbor, Miami-Dade County, Florida. (Sec. 112) Requires the Cape Arundel Disposal Site (Maine), selected by the Department of the Army as an alternative dredged material disposal site, to remain open until the remaining disposal capacity of the site has been utilized, or until completion of an Environmental Impact Statement to support final designation of an Ocean Dredged Material Disposal Site for southern Maine, whichever first occurs, provided that the site conditions remain suitable for such purpose and that the site may not be used for disposal of more than 80,000 cubic yards from any single dredging project. (Sec. 113) Requires the Little Rock District to be a full service district and prohibits funds from being used towards efforts that would reduce the expertise or personnel needed to plan and implement programs, projects, or activities executed by the Little Rock District. (Sec. 114) Prohibits funds specified for the Corps of Engineers from being used to relocate or consolidate general and administrative functions in the Chicago District of the Corps of Engineers. Title II: Department Of The Interior - Makes FY2014 appropriations to the Department of the Interior for: (1) the Bureau of Reclamation, including water and related natural resources; (2) the Central Valley Project Restoration Fund; (3) California Bay-Delta Restoration; (4) the Central Utah Project; and (5) administrative expenses in the Office of the Commissioner (the Denver office). (Sec. 201) Prohibits the availability of funds for obligation or expenditure through a reprogramming that would: (1) create or initiate a new program, project, or activity; (2) eliminate an existing program, project, or activity; (3) increase funds for any program, project, or activity for which funds have been denied or restricted by this Act without prior approval from congressional appropriations committees; or (4) restart or resume any program, project or activity for which funds are either not provided in this Act, or for which funds are transferred in excess of specified limits without prior approval from such appropriations committees. Prohibits the availability of funds, without prior approval from such committees, for any reprogramming that transfers funds in excess of: (1) 15% for any program, project, or activity for which $2 million or more is available at the beginning of the fiscal year; or (2) $300,000 for any program, project, or activity for which less than $2 million is available at the beginning of the fiscal year. Extends the same prohibition, without prior approval from such committees, for any reprogramming that transfers more than: (1) $500,000 from either the Facilities Operation, Maintenance, and Rehabilitation category or the Resources Management and Development category to any program, project, or activity in the other category; or (2) $5 million to provide adequate funds for settled contractor claims, increased contractor earnings due to accelerated rates of operations, and real estate deficiency judgments when necessary to discharge legal obligations of the Bureau of Reclamation. (Sec. 202) Prohibits the use of funds to determine the final point of discharge for the interceptor drain for the San Luis Unit until the Secretary of the Interior and the state of California have developed a plan which conforms to California water quality standards as approved by the Administrator of the Environmental Protection Agency (EPA) to minimize any detrimental effect of the San Luis drainage waters. Directs the Secretary of the Interior to classify as reimbursable or nonreimbursable and collected until fully repaid the costs of the Kesterson Reservoir Cleanup Program and the costs of the San Joaquin Valley Drainage Program pursuant to specified alternative repayment plans. Requires future federal obligations of funds regarding drainage service or drainage studies for the San Luis Unit to be fully reimbursable by San Luis Unit beneficiaries of such service or studies. (Sec. 203) Authorizes the Secretary of the Interior to participate in non-federal groundwater banking programs in California, including making payments for: (1) the storage of Central Valley Project water supplies, (2) the purchase of stored water, (3) the purchase of shares or an interest in ground banking facilities, or (4) the use of Central Valley Project water as a medium of payment for groundwater banking services. (Sec. 204) Deems a specified transfer of irrigation water among specified Central Valley Project contractors to meet certain conditions in the Reclamation Projects Authorization and Adjustment Act of 1992. Authorizes the Secretary of the Interior, acting through the Director of the U.S. Fish and Wildlife Service and the Commissioner of the Bureau of Reclamation, to initiate and complete programmatic environmental compliance in order to facilitate voluntary water transfers within the Central Valley Project. Directs the Commissioner of the Bureau of Reclamation to report quadriennially to certain congressional committees on: (1) the status of efforts to facilitate and improve water transfers within the Central Valley Project, and water transfers between the Central Valley Project and other water projects in California; (2) an evaluation of potential effects of this Act upon federal programs, Indian tribes, Central Valley Project operations, the environment, groundwater aquifers, refuges, and communities; and (3) recommended ways to facilitate and improve the process for such transfers. (Sec. 205) Amends the Reclamation States Emergency Drought Relief Act of 1991 to extend its authorities and increase appropriations through FY2017. (Sec. 206) Amends the Calfed Bay-Delta Authorization Act to extend through FY2018 the Calfed Bay-Delta program and the authorization of appropriations. (Sec. 207) Amends the Secure Water Act of 2009 to increase to $250 million the authorization of appropriations for the water management improvement grant program. (Sec. 208) Amends the Water Desalination Act of 1996 to extend through FY2018 the authorization of appropriations for desalination demonstration and development. (Sec. 209) Authorizes the Secretary of the Interior to partner with, provide a grant to, or enter into a cooperative agreement with local joint powers authorities formed by irrigation districts, other local water districts, and local governments, to advance congressionally authorized planning and feasibility studies for water storage projects. (Sec. 210) Amends the San Joaquin River Restoration Settlement Act to move back from October 1, 2019, to October 1, 2014, the date when all funds in the San Joaquin River Restoration Fund shall be available for expenditure for up to $40 million on an annual basis without further appropriation. (Sec. 211) Amends the Central Utah Project Completion Act of 1992 to repeal the prohibition that does not allow the Secretary of the Interior to delegate to the Bureau of Reclamation responsibilities for the Colorado River Storage Project. (Sec. 212) Amends the Fort Peck Reservation Rural Water System Act of 2000 to extend to through FY2020 the authorization of appropriations for planning, design, and construction of: (1) the Assiniboine and Sioux Rural Water System, and (2) the Dry Prairie Rural Water System. Title III: Department Of Energy - Makes appropriations for FY2014 to the Department of Energy (DOE) for energy and science programs, including: (1) energy efficiency and renewable energy, (2) electricity delivery and energy reliability, (3) nuclear energy, (4) fossil energy research and development, (5) naval petroleum and oil shale reserves, (6) the Strategic Petroleum Reserve (SPR), (7) the Northeast Home Heating Oil Reserve, (8) the Energy Information Administration, (9) non-defense environmental cleanup, (10) the Uranium Enrichment Decontamination and Decommissioning Fund, (11) science activities, (12) the Advanced Research Projects Agency-Energy (ARPA-E), (13) the Title 17 Innovative Technology Loan Guarantee Loan Program, (14) the Advanced Technology Vehicles Manufacturing Loan Program, (15) departmental administration, (16) the Office of the Inspector General, (17) the National Nuclear Security Administration (NNSA) and atomic energy defense weapons activities, (18) defense nuclear nonproliferation activities, (19) naval reactors activities, (20) Office of the NNSA Administrator, (21) atomic energy defense environmental cleanup, and (22) other defense activities including plant and capital expenses for atomic energy defense and classified activities. Approves expenditures from the Bonneville Power Administration Fund for high voltage line construction to specified service areas. Prohibits any new direct loan obligations from the Fund during FY2014. Makes FY2014 appropriations for operation and maintenance of: (1) the Southeastern Power Administration; (2) the Southwestern Power Administration; (3) the Western Area Power Administration, including construction and rehabilitation; (4) the Falcon and Amistad Dams Operating and Maintenance Fund; and (5) the Federal Energy Regulatory Commission (FERC). (Sec. 301) Permits the availability to the same appropriation accounts of unexpended balances of prior appropriations provided for in this Act. (Sec. 302) Deems funds appropriated for intelligence activities to be specifically authorized by Congress during FY2014 until enactment of the Intelligence Authorization Act for FY 2014. (Sec. 303) Prohibits: (1) the transfer of funds that exceed 5% or $100,000, whichever is less, between appropriations for DOE activities in this Act or subsequent Energy and Water Development and Related Agencies Appropriations Acts; and (2) the increase or decrease by more than 5% by such transfers. Requires any such proposed transfers to be submitted promptly to the congressional appropriations committees. (Sec. 304) Prohibits the use of funds to: (1) construct specified high-hazard nuclear facilities unless independent oversight is conducted by the Office of Health, Safety, and Security to ensure compliance with nuclear safety requirements; or (2) approve a Critical Decision-2 or Critical Decision-3 under a specified DOE Order for construction projects where the total project cost exceeds $100 million, until a separate independent cost estimate has been developed. (Sec. 306) Restricts to a maximum period of two calendar years the validity of any DOE determination that the sale or transfer of uranium will not have an adverse material impact on the domestic uranium mining, conversion, or enrichment industry. Requires the Secretary of Energy (Secretary in this title) to report to congressional appropriations committees 30 days before the provision of uranium in any form: (1) the amount of uranium involved and the expected provision date, (2) an estimate of its gross market value on the transaction date, (3) the value of the services DOE expects to receive in exchange for the uranium, and (4) the recipient of the uranium. Requires DOE to report to congressional appropriations committees regarding a revised excess uranium inventory management plan for FY2015-FY2019. (Sec. 307) Amends the Continuing Appropriations Resolution, 2007 to change from annual to once every three years the mandatory review by Comptroller General (GAO) of DOE's execution of the program of Incentives for Innovative Technologies under the Energy Policy Act of 2005, consisting of guarantees for certain projects, including gasification and liquefaction projects, that: (1) avoid, reduce, or sequester air pollutants or anthropogenic emissions of greenhouse gases; and (2) employ new or significantly improved technologies as compared to commercial technologies in service in the United States at the time the guarantee is issued. (Sec. 308) Authorizes the Secretary to appoint for up to 4 years exceptionally well-qualified individuals to as many as 120 scientific, engineering, or other critical technical positions, without regard to specified requirements. (Sec. 309) Authorizes the Secretary to conduct a pilot program through private sector partners to license, construct, and operate government or privately owned consolidated storage facilities to provide interim storage for spent nuclear fuel and high-level radioactive waste, with priority given to spent nuclear fuel located on sites without an operating nuclear reactor. Directs the Secretary to issue a request for proposals for cooperative agreements to: (1) obtain any license necessary from the Nuclear Regulatory Commission (NRC) for the construction of consolidated storage facilities, (2) demonstrate the safe transportation of spent nuclear fuel and high-level radioactive waste, and (3) demonstrate safe storage of spent nuclear fuel and high-level radioactive waste at consolidated storage facilities pending the construction and operation of deep geologic disposal capacity for the permanent disposal of the spent nuclear fuel. Authorizes DOE to make expenditures from the Nuclear Waste Fund to implement the pilot program, subject to appropriations. (Sec. 310) Amends the Energy Independence and Security Act to repeal the requirement that DOE make available to refinery operators information on planned refinery outages to encourage reductions of the quantity of refinery capacity that is out of service at any time. (Sec. 311) Amends the Department of Energy Organization Act to change to once every four years the surveys the Administrator of the Energy Information Administration is required to conduct regarding: (1) energy consumption in U.S. manufacturing industries (currently every two years), and (2) residential and commercial energy use (currently every three years). (Sec. 312) Authorizes DOE to use appropriated funds to study possible conversion to contractor performance of functions performed by federal employees at the New Brunswick Laboratory. (Sec. 313) Reduces by $7 million funds appropriated in this Act for non-defense programs in order to reflect savings from limiting foreign travel for DOE contractors. (Sec. 314) Declares that first tier subcontracts awarded by Management and Operating contractors sponsored by DOE to small business concerns, small businesses concerns owned and controlled by service disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women shall be considered toward the annually established agency and government-wide goals for small business participation in procurement contracts awarded. (Sec. 315) Establishes an independent Commission to Review the Effectiveness of the National Energy Laboratories. (Sec. 316) Requires that the Senate Committee on Appropriations receive a 30-day advance notification of at-risk award fees for Management and Operating contractors that result in award term extensions, including a detailed explanation of any waiver or adjustment made to such extensions by the NNSA's Fee Determining Official. Title IV: Independent Agencies - Makes FY2014 appropriations to: (1) the Appalachian Regional Commission; (2) the Defense Nuclear Facilities Safety Board; (3) the Delta Regional Authority; (4) the Denali Commission; (5) the Northern Border Regional Commission; (6) the Nuclear Regulatory Commission (NRC), including the Office of Inspector General; (7) the Nuclear Waste Technical Review Board; and (8) the Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects. (Sec. 401) Authorizes the Denali Commission to use for administrative expenses certain amounts transferred pursuant to the Department of Transportation and Related Agencies Appropriations Act, 1999. Title V: General Provisions - (Sec. 501) Prohibits funds appropriated by this Act from being: (1) used to influence congressional action on legislation or appropriation pending before Congress, or (2) transferred to any federal department, agency, or instrumentality, except pursuant to an appropriation act. (Sec. 503) Requires the head of any executive branch department, agency, board, commission, or office (entity) funded under this Act to: (1) report annually to its Inspector General or senior ethics official the costs and contracting procedures related to each conference held by the entity during FY2014 for which the cost to the federal government exceeded $100,000, and (2) notify such officials, within 15 days, of the date, location, and number of employees attending a conference funded by this Act during FY2014 whose cost to the federal government exceeds $20,000. Prohibits the use of funds made available in this Act for travel and conference activities that are not in compliance with Office of Management and Budget (OMB) Memorandum M-12-12 dated May 11, 2012.

Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2014, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for energy and water development and related agencies for the fiscal year ending September 30, 2014, and for other purposes, namely: I Corps of engineers—civil Department of the army Corps of engineers—civil The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief of Engineers for authorized civil functions of the Department of the Army pertaining to river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related efforts. General Investigations For expenses necessary where authorized by law for the collection and study of basic information pertaining to river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related needs; for surveys and detailed studies, and plans and specifications of proposed river and harbor, flood and storm damage reduction, shore protection, and aquatic ecosystem restoration, projects and related efforts prior to construction; for restudy of authorized projects; and for miscellaneous investigations, and, when authorized by law, surveys and detailed studies, and plans and specifications of projects prior to construction, $120,000,000, to remain available until expended. Construction, general For expenses necessary for the construction of river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related projects authorized by law; for conducting detailed studies, and plans and specifications, of such projects (including those involving participation by States, local governments, or private groups) authorized or made eligible for selection by law (but such detailed studies, and plans and specifications, shall not constitute a commitment of the Government to construction); $1,542,000,000, to remain available until expended; of which such sums as are necessary to cover the Federal share of construction costs for facilities under the Dredged Material Disposal Facilities program shall be derived from the Harbor Maintenance Trust Fund as authorized by Public Law 104–303 Provided Mississippi river and tributaries For expenses necessary for flood damage reduction projects and related efforts in the Mississippi River alluvial valley below Cape Girardeau, Missouri, as authorized by law, $300,000,000, to remain available until expended, of which such sums as are necessary to cover the Federal share of eligible operation and maintenance costs for inland harbors shall be derived from the Harbor Maintenance Trust Fund. Operation and maintenance For expenses necessary for the operation, maintenance, and care of existing river and harbor, flood and storm damage reduction, aquatic ecosystem restoration, and related projects authorized by law; providing security for infrastructure owned or operated by the Corps, including administrative buildings and laboratories; maintaining harbor channels provided by a State, municipality, or other public agency that serve essential navigation needs of general commerce, where authorized by law; surveying and charting northern and northwestern lakes and connecting waters; clearing and straightening channels; and removing obstructions to navigation, $2,700,000,000, to remain available until expended, of which such sums as are necessary to cover the Federal share of eligible operation and maintenance costs for coastal harbors and channels, and for inland harbors shall be derived from the Harbor Maintenance Trust Fund; of which such sums as become available from the special account for the Corps of Engineers established by the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–6a(i)), as amended, shall be derived from that account for resource protection, research, interpretation, and maintenance activities related to resource protection in the areas at which outdoor recreation is available; and of which such sums as become available from fees collected under section 217 of Public Law 104–303 Provided Regulatory program For expenses necessary for administration of laws pertaining to regulation of navigable waters and wetlands, $200,000,000, to remain available until September 30, 2015. Formerly utilized sites remedial action program For expenses necessary to clean up contamination from sites in the United States resulting from work performed as part of the Nation's early atomic energy program, $195,000,000, to remain available until expended. Flood control and coastal emergencies For expenses necessary to prepare for flood, hurricane, and other natural disasters and support emergency operations, repairs, and other activities in response to such disasters as authorized by law, $28,000,000, to remain available until expended. General Expenses For expenses necessary for the supervision and general administration of the civil works program in the headquarters of the Corps of Engineers and the offices of the Division Engineers; and for costs of management and operation of the Humphreys Engineer Center Support Activity, the Institute for Water Resources, the United States Army Engineer Research and Development Center, and the United States Army Corps of Engineers Finance Center allocable to the civil works program, $182,000,000, to remain available until September 30, 2015, of which not to exceed $5,000 may be used for official reception and representation purposes and only during the current fiscal year: Provided Provided further Office of the assistant secretary of the army for civil works For the Office of the Assistant Secretary of the Army for Civil Works as authorized by 10 U.S.C. 3016(b)(3) Administrative provision The Revolving Fund, Corps of Engineers, shall be available during the current fiscal year for purchase (not to exceed 100 for replacement only) and hire of passenger motor vehicles for the civil works program. General provisions—corps of engineers—civil (including transfers of funds) 101. (a) None of the funds provided in title I of this Act, or provided by previous appropriations Acts to the agencies or entities funded in title I of this Act that remain available for obligation or expenditure in fiscal year 2014, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates or initiates a new program, project, or activity; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by this Act, unless prior approval is received from the House and Senate Committees on Appropriations; (4) proposes to use funds directed for a specific activity for a different purpose, unless prior approval is received from the House and Senate Committees on Appropriations; (5) augments or reduces existing programs, projects or activities in excess of the amounts contained in subsections 6 through 10, unless prior approval is received from the House and Senate Committees on Appropriations; (6) General Investigations For a base level over $100,000, reprogramming of 25 percent of the base amount up to a limit of $150,000 per project, study or activity is allowed: Provided Provided further (7) Construction, General For a base level over $2,000,000, reprogramming of 15 percent of the base amount up to a limit of $3,000,000 per project, study or activity is allowed: Provided Provided further Provided further (8) Operation and maintenance Unlimited reprogramming authority is granted in order for the Corps to be able to respond to emergencies: Provided Provided further Provided further Provided further (9) Mississippi river and tributaries The same reprogramming guidelines for the Investigations, Construction, and Operation and Maintenance portions of the Mississippi River and Tributaries Account as listed above; and (10) Formerly utilized sites remedial action program Reprogramming of up to 15 percent of the base of the receiving project is permitted. (b) De Minimus Reprogrammings In no case should a reprogramming for less than $50,000 be submitted to the House and Senate Committees on Appropriations. (c) Continuing Authorities Program Subsection (a)(1) shall not apply to any project or activity funded under the continuing authorities program. (d) Not later than 60 days after the date of enactment of this Act, the Corps of Engineers shall submit a report to the House and Senate Committees on Appropriations to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year: Provided (1) A table for each appropriation with a separate column to display the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if applicable, and the fiscal year enacted level; (2) A delineation in the table for each appropriation both by object class and program, project and activity as detailed in the budget appendix for the respective appropriations; and. (3) An identification of items of special congressional interest. 102. None of the funds in this Act, or previous Acts, making funds available for Energy and Water Development, shall be used to award any continuing contract that commits additional funding from the Inland Waterways Trust Fund unless or until such time that a long-term mechanism to enhance revenues in this Fund sufficient to meet the cost-sharing authorized in the Water Resources Development Act of 1986 ( Public Law 99–662 103. During the fiscal year period covered by this Act, the Secretary of the Army is authorized to implement measures recommended in the efficacy study authorized under section 3061 of the Water Resources Development Act of 2007 (121 Stat. 1121) or in interim reports, with such modifications or emergency measures as the Secretary of the Army determines to be appropriate, to prevent aquatic nuisance species from dispersing into the Great Lakes by way of any hydrologic connection between the Great Lakes and the Mississippi River Basin. 104. The Secretary of the Army may transfer to the Fish and Wildlife Service, and the Fish and Wildlife Service may accept and expend, up to $4,600,000 of funds provided in this title under the heading Operation and Maintenance 105. Section 3(a)(6) of Public Law 100–676 $775,000,000 $2,918,000,000 106. That portion of the project for navigation, Ipswich River, Massachusetts adopted by the Rivers and Harbor Act of August 5, 1886 consisting of a 4-foot channel located at the entrance to the harbor at Ipswich Harbor, lying northwesterly of a line commencing at: N3074938.09, E837154.87, thence running easterly about 60 feet to a point with coordinates N3074972.62, E837203.93, is no longer authorized as a Federal project after the date of enactment of this Act. 107. That portion of the project of navigation, Chicago Harbor, Illinois, authorized by the River and Harbor Acts of March 3, 1899 and March 2, 1919, and that begins at the southwest corner of the Metropolitan Sanitary District of Greater Chicago sluice gate that abuts the north wall of the Chicago River Lock and that continues north for approximately 290 feet, thence east approximately 1,000 feet, then south approximately 290 feet, thence west approximately 1,000 feet to the point of beginning shall no longer be authorized as a Federal project after the date of enactment of this Act. 108. Beginning on the date of enactment of this Act, the Secretary is no longer authorized to carry out the portion of the project for navigation, Warwick Cove, Rhode Island, authorized by section 107 of the River and Harbor Act of 1960 ( 33 U.S.C. 577 109. The project for flood control, Little Calumet River, Indiana, authorized by section 401(a) of the Water Resources Development Act of 1986 ( Public Law 99–662 110. (a) The Secretary is authorized to carry over credits in excess of the Non-Federal Sponsor's share of total project cost between the C–111 South Dade project, authorized by section 203 of the Flood Control Act of 1948 (62 Stat. 1176) and modified by section 203 of the Flood Control Act of 1968 (82 Stat. 740–741) and section 316 of the Water Resources Development Act of 1996 (110 Stat. 3715), and the Kissimmee River project, authorized in section 101(8) of the Water Resources Development Act of 1992 (106 Stat. 4802). Nothing in this subsection affects the authorized cost sharing of these projects. (b) Section 101(8) of the Water Resources Development Act of 1992 (106 Stat. 4802) is amended to combine the two current authorized total project costs for the ecosystem restoration and headwaters revitalization projects into a single authorized total project cost— (1) By striking at a total cost of $426,885,000, with an estimated Federal cost of $139,943,000 and an estimated non-Federal cost of $286,942,000. The Secretary is further authorized to construct and (2) By striking , at a total cost of $92,210,000, with an estimated Federal cost of $46,105,000 and an estimated non-Federal cost of $46,105,000. . The total cost of the ecosystem restoration and headwaters revitalization projects is $519,095,000, with an estimated Federal cost of $186,048,000 and an estimated non-Federal cost of $333,047,000. (c) The amendment made by subsection (b) is effective October 31, 1992. 111. (a) Section 1001(17)(A) of Public Law 110–114 (1) by striking $125,270,000 $152,510,000 (2) by striking $75,140,000 $92,007,000 (3) by striking $50,130,000 $60,503,000 (b) The amendments made by subsection (a) shall take effect as of November 8, 2007. 112. The Cape Arundel Disposal Site in the State of Maine selected by the Department of the Army as an alternative dredged material disposal site under section 103(b) of the Marine Protection Research and Sanctuaries Act of 1972, as amended, shall remain open until the remaining disposal capacity of the site has been utilized, or until completion of an Environmental Impact Statement to support final designation of an Ocean Dredged Material Disposal Site for southern Maine under section 102(c) of the Marine Protection Research and Sanctuaries Act of 1972, as amended, whichever first occurs, provided that the site conditions remain suitable for such purpose and that the site may not be used for disposal of more than 80,000 cubic yards from any single dredging project. 113. In accordance with Public Law 99–173 114. None of the funds provided in title I of this Act or prior Acts providing funding for the Corps of Engineers, shall be used to relocate or consolidate general and administrative functions in the Chicago District of the Corps of Engineers. II Department of the interior Bureau of reclamation The following appropriations shall be expended to execute authorized functions of the Bureau of Reclamation: Water and related resources (including transfers of funds) For management, development, and restoration of water and related natural resources and for related activities, including the operation, maintenance, and rehabilitation of reclamation and other facilities, participation in fulfilling related Federal responsibilities to Native Americans, and related grants to, and cooperative and other agreements with, State and local governments, federally recognized Indian tribes, and others, $945,796,000, to remain available until expended, of which $28,000 shall be available for transfer to the Upper Colorado River Basin Fund and $8,401,000 shall be available for transfer to the Lower Colorado River Basin Development Fund; of which such amounts as may be necessary may be advanced to the Colorado River Dam Fund: Provided Provided further Provided further Provided further Provided further Central valley project restoration fund For carrying out the programs, projects, plans, habitat restoration, improvement, and acquisition provisions of the Central Valley Project Improvement Act, $53,288,000, to be derived from such sums as may be collected in the Central Valley Project Restoration Fund pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 102–575 Provided Provided further California bay-delta restoration (including transfers of funds) For carrying out activities authorized by the Water Supply, Reliability, and Environmental Improvement Act ( Public Law 108–361 Provided Provided further Central utah project completion For carrying out activities authorized by the Central Utah Project Completion Act, $2,200,000, to remain available until expended, of which $1,000,000 shall be deposited into the Utah Reclamation Mitigation and Conservation Account for use by the Utah Reclamation Mitigation and Conservation Commission. For an additional amount, $1,300,000, to remain available until September 30, 2015, is provided for necessary expenses incurred in carrying out related responsibilities of the Secretary of the Interior. For fiscal year 2014, the Commission may use an amount not to exceed $1,500,000 for administrative expenses. Policy and administration For necessary expenses of policy, administration, and related functions in the Office of the Commissioner, the Denver office, and offices in the five regions of the Bureau of Reclamation, to remain available until September 30, 2015, $60,000,000, to be derived from the Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: Provided Administrative provision Appropriations for the Bureau of Reclamation shall be available for purchase of not to exceed five passenger motor vehicles, which are for replacement only. General provisions—department of the interior 201. (a) None of the funds provided in title II of this Act for Water and Related Resources, or provided by previous appropriations Acts to the agencies or entities funded in title II of this Act for Water and Related Resources that remain available for obligation or expenditure in fiscal year 2014, shall be available for obligation or expenditure through a reprogramming of funds that— (1) initiates or creates a new program, project, or activity; (2) eliminates a program, project, or activity; (3) increases funds for any program, project, or activity for which funds have been denied or restricted by this Act, unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate; (4) restarts or resumes any program, project or activity for which funds are not provided in this Act, unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate; (5) transfers funds in excess of the following limits, unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate: (A) 15 percent for any program, project or activity for which $2,000,000 or more is available at the beginning of the fiscal year; or (B) $300,000 for any program, project or activity for which less than $2,000,000 is available at the beginning of the fiscal year; (6) transfers more than $500,000 from either the Facilities Operation, Maintenance, and Rehabilitation category or the Resources Management and Development category to any program, project, or activity in the other category, unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate; or (7) transfers, where necessary to discharge legal obligations of the Bureau of Reclamation, more than $5,000,000 to provide adequate funds for settled contractor claims, increased contractor earnings due to accelerated rates of operations, and real estate deficiency judgments, unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate. (b) Subsection (a)(5) shall not apply to any transfer of funds within the Facilities Operation, Maintenance, and Rehabilitation category. (c) For purposes of this section, the term transfer (d) The Bureau of Reclamation shall submit reports on a quarterly basis to the Committees on Appropriations of the House of Representatives and the Senate detailing all the funds reprogrammed between programs, projects, activities, or categories of funding. The first quarterly report shall be submitted not later than 60 days after the date of enactment of this Act. 202. (a) None of the funds appropriated or otherwise made available by this Act may be used to determine the final point of discharge for the interceptor drain for the San Luis Unit until development by the Secretary of the Interior and the State of California of a plan, which shall conform to the water quality standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any detrimental effect of the San Luis drainage waters. (b) The costs of the Kesterson Reservoir Cleanup Program and the costs of the San Joaquin Valley Drainage Program shall be classified by the Secretary of the Interior as reimbursable or nonreimbursable and collected until fully repaid pursuant to the Cleanup Program-Alternative Repayment Plan SJVDP-Alternative Repayment Plan Repayment Report, Kesterson Reservoir Cleanup Program and San Joaquin Valley Drainage Program, February 1995 203. The Secretary of the Interior may hereafter participate in non-Federal groundwater banking programs to increase the operational flexibility, reliability, and efficient use of water in the State of California, and this participation may include making payment for the storage of Central Valley Project water supplies, the purchase of stored water, the purchase of shares or an interest in ground banking facilities, or the use of Central Valley Project water as a medium of payment for groundwater banking services: Provided Provided further Provided further 42 U.S.C. 4321 et seq. 204. (a) Subject to compliance with all applicable Federal and State laws, a transfer of irrigation water among Central Valley Project contractors from the Friant, San Felipe, West San Joaquin, and Delta divisions, and a transfer from a long-term Friant Division water service or repayment contractor to a temporary or prior temporary service contractors within the place of use in existence on the date of the transfer, as identified in the Bureau of Reclamation water rights permits for the Friant Division, shall hereafter be considered to meet the conditions described in subparagraphs (A) and (I) of section 3405(a)(1) of the Reclamation Projects Authorization and Adjustment Act of 1992 ( Public Law 102–575 (b) The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service and the Commissioner of the Bureau of Reclamation shall initiate and complete, on the most expedited basis practicable, programmatic environmental compliance so as to facilitate voluntary water transfers within the Central Valley Project, consistent with all applicable Federal and State law. (c) Not later than 180 days after the date of enactment of this Act and each of the 4 years thereafter, the Commissioner of the Bureau of Reclamation shall submit to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate a report that describes the status of efforts to help facilitate and improve the water transfers within the Central Valley Project and water transfers between the Central Valley Project and other water projects in the State of California; evaluates potential effects of this Act on Federal programs, Indian tribes, Central Valley Project operations, the environment, groundwater aquifers, refuges, and communities; and provides recommendations on ways to facilitate and improve the process for these transfers. 205. (a) Termination of Authority Section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2214(c) 2012 2017 (b) Authorization of Appropriations Section 301 of the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2241 (1) by striking 90,000,000 $110,000,000 (2) by striking 2012 2017 206. Title I of Public Law 108–361 Public Law 111–85 2014 2018 207. Section 9504(e) of the Secure Water Act of 2009 ( 42 U.S.C. 10364(e) $200,000,000 $250,000,000 208. Section 8 of the Water Desalination Act of 1996 ( 42 U.S.C. 10301 Public Law 104–298 (1) in subsection (a), in the first sentence, by striking 2013 2018 (2) in subsection (b), by striking 2012 through 2013 2014 through 2018 209. The Secretary may hereafter partner, provide a grant to, or enter into a cooperative agreement with local joint powers authorities formed pursuant to State law by irrigation districts and other local water districts and local governments, to advance planning and feasibility studies authorized by Congress for water storage project: Provided Provided further Provided further Provided further 210. Section 10009(c)(2) of the San Joaquin River Restoration Settlement Act ( Public Law 111–11 October 1, 2019, all funds in the Fund shall be available for expenditure without further appropriation. October 1, 2014, all funds in the Fund shall be available for expenditure on an annual basis in an amount not to exceed $40,000,000 without further appropriation. 211. Section 201(e) of the Central Utah Project Completion Act of 1992 ( Public Law 102–575 and may not delegate ratemaking 212. Section 9 of the Fort Peck Reservation Rural Water System Act of 2000 ( Public Law 106–382 2015 2020 III Department of energy Energy programs Energy efficiency and renewable energy For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for energy efficiency and renewable energy activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. Provided Provided further 50 U.S.C. App. 2061 Provided further Electricity delivery and energy reliability For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for electricity delivery and energy reliability activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. Provided Nuclear energy For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for nuclear energy activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. Provided Fossil energy research and development For necessary expenses in carrying out fossil energy research and development activities, under the authority of the Department of Energy Organization Act (Public Law 95–91), including the acquisition of interest, including defeasible and equitable interests in any real property or any facility or for plant or facility acquisition or expansion, and for conducting inquiries, technological investigations and research concerning the extraction, processing, use, and disposal of mineral substances without objectionable social and environmental costs ( 30 U.S.C. 3 Provided Provided further Naval petroleum and oil shale reserves For expenses necessary to carry out naval petroleum and oil shale reserve activities, $20,000,000, to remain available until expended: Provided Strategic petroleum reserve For necessary expenses for Strategic Petroleum Reserve facility development and operations and program management activities pursuant to the Energy Policy and Conservation Act of 1975, as amended ( 42 U.S.C. 6201 et seq. Northeast home heating oil reserve For necessary expenses for Northeast Home Heating Oil Reserve storage, operation, and management activities pursuant to the Energy Policy and Conservation Act, $8,000,000, to remain available until expended. Energy information administration For necessary expenses in carrying out the activities of the Energy Information Administration, $117,000,000, to remain available until expended. Non-defense environmental cleanup For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for non-defense environmental cleanup activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. Uranium enrichment decontamination and decommissioning fund For necessary expenses in carrying out uranium enrichment facility decontamination and decommissioning, remedial actions, and other activities of title II of the Atomic Energy Act of 1954, and title X, subtitle A, of the Energy Policy Act of 1992, $554,823,000, to be derived from the Uranium Enrichment Decontamination and Decommissioning Fund, to remain available until expended. Science For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for science activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. Provided Provided further, Advanced research projects agency—energy For necessary expenses in carrying out the activities authorized by section 5012 of the America COMPETES Act ( Public Law 110–69 Provided Title 17 innovative technology loan guarantee program Such sums as are derived from amounts received from borrowers pursuant to section 1702(b)(2) of the Energy Policy Act of 2005 under this heading in prior Acts, shall be collected in accordance with section 502(7) of the Congressional Budget Act of 1974: Provided Provided further Provided further Advanced technology vehicles manufacturing loan program For administrative expenses in carrying out the Advanced Technology Vehicles Manufacturing Loan Program, $6,000,000, to remain available until expended. Departmental administration For salaries and expenses of the Department of Energy necessary for departmental administration in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. Provided Provided further Public Law 95–238 Provided further Office of the inspector general For necessary expenses of the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $42,120,000, to remain available until expended. Atomic energy defense activities National nuclear security administration Weapons activities For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for atomic energy defense weapons activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. Provided Provided further Defense nuclear nonproliferation For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for defense nuclear nonproliferation activities, in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. Naval reactors For Department of Energy expenses necessary for naval reactors activities to carry out the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. Provided Office of the administrator For necessary expenses of the Office of the Administrator in the National Nuclear Security Administration, including official reception and representation expenses not to exceed $12,000,$397,784,000, to remain available until September 30, 2015. Environmental and other defense activities Defense environmental cleanup For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for atomic energy defense environmental cleanup activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. Provided Other defense activities For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses, necessary for atomic energy defense, other defense activities, and classified activities, in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. Provided Power marketing administration Bonneville power administration fund Expenditures from the Bonneville Power Administration Fund, established pursuant to Public Law 93–454, are approved for construction of, or participating in the construction of, a high voltage line from Bonneville's high voltage system to the service areas of requirements customers located within Bonneville's service area in southern Idaho, southern Montana, and western Wyoming; and such line may extend to, and interconnect in, the Pacific Northwest with lines between the Pacific Northwest and the Pacific Southwest, and for John Day Reprogramming and Construction, the Columbia River Basin White Sturgeon Hatchery, and Kelt Reconditioning and Reproductive Success Evaluation Research, and, in addition, for official reception and representation expenses in an amount not to exceed $5,000: Provided Operation and maintenance, southeastern power administration For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy, including transmission wheeling and ancillary services, pursuant to section 5 of the Flood Control Act of 1944 ( 16 U.S.C. 825s Provided Provided further Provided further 31 U.S.C. 3302 Provided further Operation and maintenance, southwestern power administration For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy, for construction and acquisition of transmission lines, substations and appurtenant facilities, and for administrative expenses, including official reception and representation expenses in an amount not to exceed $1,500 in carrying out section 5 of the Flood Control Act of 1944 ( 16 U.S.C. 825s Provided 16 U.S.C. 825s Provided further Provided further 31 U.S.C. 3302 Provided further Construction, rehabilitation, operation and maintenance, western area power administration For carrying out the functions authorized by title III, section 302(a)(1)(E) of the Act of August 4, 1977 ( 42 U.S.C. 7152 Provided 16 U.S.C. 825s 43 U.S.C. 392a Provided further Provided further 31 U.S.C. 3302 Provided further Falcon and amistad operating and maintenance fund For operation, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams, $5,330,671, to remain available until expended, and to be derived from the Falcon and Amistad Operating and Maintenance Fund of the Western Area Power Administration, as provided in section 2 of the Act of June 18, 1954 (68 Stat. 255): Provided 31 U.S.C. 3302 Provided further Provided further Provided further Provided further Federal energy regulatory commission Salaries and expenses For necessary expenses of the Federal Energy Regulatory Commission to carry out the provisions of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. 5 U.S.C. 3109 Provided Provided further General provisions—department of energy (including cancellation and transfer of funds) 301. The unexpended balances of prior appropriations provided for activities in this Act may be available to the same appropriation accounts for such activities established pursuant to this title. Available balances may be merged with funds in the applicable established accounts and thereafter may be accounted for as one fund for the same time period as originally enacted. 302. Funds appropriated by this or any other Act, or made available by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 414 303. Not to exceed 5 percent, or $100,000,000, of any appropriation, whichever is less, made available for Department of Energy activities funded in this Act or subsequent Energy and Water Development and Related Agencies Appropriations Acts may be transferred between such appropriations, but no such appropriation, except as otherwise provided, shall be increased or decreased by more than 5 percent by any such transfers, and any such proposed transfers shall be submitted promptly to the Committees on Appropriations of the House and Senate. 304. None of the funds made available in this title shall be used for the construction of facilities classified as high-hazard nuclear facilities under 10 CFR Part 830 unless independent oversight is conducted by the Office of Health, Safety, and Security to ensure the project is in compliance with nuclear safety requirements. 305. None of the funds made available in this title may be used to approve critical decision-2 or critical decision-3 under Department of Energy Order 413.3B, or any successive departmental guidance, for construction projects where the total project cost exceeds $100,000,000, until a separate independent cost estimate has been developed for the project for that critical decision. 306. (a) Any determination (including a determination made prior to the date of enactment of this Act) by the Secretary pursuant to section 3112(d)(2)(B) of the USEC Privatization Act (110 Stat. 1321–335), as amended, shall be valid for not more than 2 calendar years subsequent to such determination. (b) Not less than 30 days prior to the provision of uranium in any form the Secretary shall notify the House and Senate Committees on Appropriations of the following: (1) the amount of uranium to be provided; (2) an estimate by the Secretary of the gross fair market value of the uranium on the expected date of the provision of the uranium; (3) the expected date of the provision of the uranium; (4) the recipient of the uranium; and (5) the value the Secretary expects to receive in exchange for the uranium, including any adjustments to the gross fair market value of the uranium. (c) Not later than June 30, 2014, the Secretary shall submit to the House and Senate Committees on Appropriations a revised excess uranium inventory management plan for fiscal years 2015 through 2019. 307. Section 20320 of the Continuing Appropriations Resolution, 2007, Public Law 109–289 Public Law 110–5 an annual review conduct a review every three years 308. (a) In General Subject to subsections (b) through (d), the Secretary may appoint, without regard to the provisions of chapter 33 of title 5, United States Code, governing appointments in the competitive service, exceptionally well qualified individuals to scientific, engineering, or other critical technical positions. (b) Limitations (1) Number of positions The number of critical positions authorized by subsection (a) may not exceed 120 at any one time in the Department. (2) Term The term of an appointment under subsection (a) may not exceed 4 years. (3) Prior employment An individual appointed under subsection (a) shall not have been a Department employee during the 2-year period ending on the date of appointment. (4) Pay (A) In general The Secretary shall have the authority to fix the basic pay of an individual appointed under subsection (a) at a rate to be determined by the Secretary up to level I of the Executive Schedule without regard to the civil service laws. (B) Total annual compensation The total annual compensation for any individual appointed under subsection (a) may not exceed the highest total annual compensation payable at the rate determined under section 104 of title 3, United States Code. (5) Adverse actions An individual appointed under subsection (a) may not be considered to be an employee for purposes of subchapter II of chapter 75 (c) Requirements (1) In general The Secretary shall ensure that— (A) the exercise of the authority granted under subsection (a) is consistent with the merit principles of section 2301 of title 5, United States Code; and (B) the Department notifies diverse professional associations and institutions of higher education, including those serving the interests of women and racial or ethnic minorities that are underrepresented in scientific, engineering, and mathematical fields, of position openings as appropriate. (2) Report Not later than 2 years after the date of enactment of this Act, the Secretary and the Director of the Office of Personnel Management shall submit to Congress a report on the use of the authority provided under this section that includes, at a minimum, a description or analysis of— (A) the ability to attract exceptionally well qualified scientists, engineers, and technical personnel; (B) the amount of total compensation paid each employee hired under the authority each calendar year; and (C) whether additional safeguards or measures are necessary to carry out the authority and, if so, what action, if any, has been taken to implement the safeguards or measures. (d) Termination of Effectiveness The authority provided by this section terminates effective on the date that is 4 years after the date of enactment of this Act. 309. (a) Definitions In this section: (1) Affected indian tribe The term affected Indian tribe 42 U.S.C. 10101 (2) High-level radioactive waste The term high-level radioactive waste 42 U.S.C. 10101 (3) Nuclear waste fund The term Nuclear Waste Fund 42 U.S.C. 10222(c) (4) Secretary The term Secretary (5) Spent nuclear fuel The term spent nuclear fuel 42 U.S.C. 10101 (b) Pilot program Notwithstanding any provision of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 et seq. (c) Requests for proposals Not later than 120 days after the date of enactment of this Act, the Secretary shall issue a request for proposals for cooperative agreements— (1) to obtain any license necessary from the Nuclear Regulatory Commission for the construction of 1 or more consolidated storage facilities; (2) to demonstrate the safe transportation of spent nuclear fuel and high-level radioactive waste, as applicable; and (3) to demonstrate the safe storage of spent nuclear fuel and high-level radioactive waste, as applicable, at the 1 or more consolidated storage facilities pending the construction and operation of deep geologic disposal capacity for the permanent disposal of the spent nuclear fuel. (d) Consent-Based approval Prior to siting a consolidated storage facility pursuant to this section, the Secretary shall enter into an agreement to host the facility with— (1) the Governor of the State; (2) each unit of local government within the jurisdiction of which the facility is proposed to be located; and (3) each affected Indian tribe. (e) Applicability In executing this section, the Secretary shall comply with— (1) all licensing requirements and regulations of the Nuclear Regulatory Commission; and (2) all other applicable laws (including regulations). (f) Pilot program plan Not later than 120 days after the date on which the Secretary issues the request for proposals under subsection (c), the Secretary shall submit to Congress a plan to carry out this section that includes— (1) an estimate of the cost of licensing, constructing, and operating a consolidated storage facility, including the transportation costs, on an annual basis, over the expected lifetime of the facility; (2) a schedule for— (A) obtaining any license necessary to construct and operate a consolidated storage facility from the Nuclear Regulatory Commission; (B) constructing the facility; (C) transporting spent fuel to the facility; and (D) removing the spent fuel and decommissioning the facility; and (3) an estimate of the cost of any financial assistance, compensation, or incentives proposed to be paid to the host State, Indian tribe, or local government; (4) an estimate of any future reductions in the damages expected to be paid by the United States for the delay of the Department of Energy in accepting spent fuel expected to result from the pilot program; (5) recommendations for any additional legislation needed to authorize and implement the pilot program; and (6) recommendations for a mechanism to ensure that any spent nuclear fuel or high-level radioactive waste stored at a consolidated storage facility pursuant to this section shall move to deep geologic disposal capacity, following a consent-based approval process for that deep geologic disposal capacity consistent with subsection (d), within a reasonable time after the issuance of a license to construct and operate the consolidated storage facility. (g) Public participation Prior to choosing a site for the construction of a consolidated storage facility under this section, the Secretary shall conduct 1 or more public hearings in the vicinity of each potential site and in at least 1 other location within the State in which the site is located to solicit public comments and recommendations. (h) Use of nuclear waste fund The Secretary may make expenditures from the Nuclear Waste Fund to carry out this section, subject to appropriations. 310. Section 804 of Public Law 110–140 311. Section 205 of Public Law 95–91 (1) in paragraph (i)(1) by striking once every two years once every four years (2) in paragraph (k)(1) by striking once every three years once every four years 312. Notwithstanding any other provision of law, the Department may use funds appropriated by this title to carry out a study regarding the conversion to contractor performance of any function performed by Federal employees at the New Brunswick Laboratory, pursuant to Office of Management and Budget Circular A–76 or any other administrative regulation, directive, or policy. 313. Of the amounts appropriated for non-defense programs in this title, $7,000,000 are hereby reduced to reflect savings from limiting foreign travel for contractors working for the Department of Energy, consistent with similar savings achieved for Federal employees. The Department shall allocate the reduction among the non-security appropriations made in this title. 314. Section 15(g) of Public Law 85–536 (3) First tier subcontracts that are awarded by Management and Operating contractors sponsored by the Department of Energy to small business concerns, small businesses concerns owned and controlled by service disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women, shall be considered toward the annually established agency and Government-wide goals for procurement contracts awarded. 315. (a) Establishment There is established an independent commission to be known as the Commission to Review the Effectiveness of the National Energy Laboratories. (b) Members (1) The Commission shall be composed of nine members who shall be appointed by the Secretary of Energy not later than January 1, 2014 from among persons nominated by the President’s Council of Advisors on Science and Technology. (2) The President’s Council of Advisors on Science and Technology shall, not later than November 15, 2013, nominate not less than 18 persons for appointment to the Commission from among persons who meet qualification described in subparagraph (3). (3) Each person nominated for appointment to the Board shall— (A) be eminent in a field of science or engineering; and/or (B) have expertise in managing scientific facilities; and (C) have an established record of distinguished service. (4) The membership of the Board shall be representative of the broad range of scientific, engineering, financial, and managerial disciplines related to activities under this title. (5) No person shall be nominated for appointment to the Board who is an employee of— (A) the Department of Energy; (B) a national laboratory or site under contract with the Department of Energy; (C) a managing entity or parent company for a national laboratory or site under contract with the Department of Energy; or (D) an entity performing scientific and engineering activities under contract with the Department of Energy. (c) Commission review and recommendations (1) The Commission shall, by no later than November 1, 2014, transmit to the Secretary of Energy and the Appropriations Committees of the House and Senate a report containing the Commission’s finding and conclusions. (2) The Commission shall address whether the Department of Energy’s national laboratories— (A) are properly aligned with the Department’s strategic priorities; (B) have clear, well understood, and properly balanced missions that are not unnecessarily redundant and duplicative; (C) have unique capabilities that have sufficiently evolved to meet current and future energy and national security challenges; (D) are appropriately sized to meet the Department’s energy and national security missions; and (E) are appropriately supporting other Federal agencies and the extent to which it benefits DOE missions. (3) The Commission shall also determine whether there are opportunities to more effectively and efficiently use the capabilities of the national laboratories, including consolidation and realignment, reducing overhead costs, reevaluating governance models using industrial and academic benchmarks for comparison, and assessing the impact of DOE’s oversight and management approach. In its evaluation, the Commission should also consider the cost and effectiveness of using other research, development, and technology centers and universities as an alternative to meeting DOE’s energy and national security goals. (d) Response by the secretary of energy (1) The Secretary of Energy shall, by no later than February 1, 2015, transmit to Appropriations Committees of the House and Senate a report containing the Secretary’s approval or disapproval of the Commission's recommendations and an implementation plan for approved recommendations. 316. The Committee on Appropriations of the United States Senate shall receive a 30-day advance notification with a detailed explanation of any waiver or adjustment made by the National Nuclear Security Administration’s Fee Determining Official to at-risk award fees for Management and Operating contractors that result in award term extensions. IV Independent agencies Appalachian regional commission For expenses necessary to carry out the programs authorized by the Appalachian Regional Development Act of 1965, as amended, notwithstanding 40 U.S.C. 14704 5 U.S.C. 3109 Defense nuclear facilities safety board Salaries and expenses For necessary expenses of the Defense Nuclear Facilities Safety Board in carrying out activities authorized by the Atomic Energy Act of 1954, as amended by Public Law 100–456 Delta regional authority Salaries and expenses For necessary expenses of the Delta Regional Authority and to carry out its activities, as authorized by the Delta Regional Authority Act of 2000, as amended, notwithstanding sections 382C(b)(2), 382F(d), 382M, and 382N of said Act, $12,000,000, to remain available until expended. Denali commission For expenses of the Denali Commission including the purchase, construction, and acquisition of plant and capital equipment as necessary and other expenses, $10,000,000, to remain available until expended, notwithstanding the limitations contained in section 306(g) of the Denali Commission Act of 1998: Provided Public Law 105–277 Public Law 106–113 Northern border regional commission For necessary expenses of the Northern Border Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $5,000,000, to remain available until expended: Provided Nuclear regulatory commission Salaries and expenses For necessary expenses of the Commission in carrying out the purposes of the Energy Reorganization Act of 1974, as amended, and the Atomic Energy Act of 1954, as amended, including official representation expenses (not to exceed $25,000), $1,043,937,000, to remain available until expended: Provided 31 U.S.C. 3302 Provided further Office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $11,105,000, to remain available until September 30, 2015: Provided Provided further Nuclear waste technical review board Salaries and expenses For necessary expenses of the Nuclear Waste Technical Review Board, as authorized by Public Law 100–203 Office of the federal coordinator for alaska natural gas transportation projects For necessary expenses for the Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects pursuant to the Alaska Natural Gas Pipeline Act of 2004, $1,000,000, to remain available until expended: Provided Public Law 110–140 General provision—independent agencies 401. Notwithstanding the limitations contained in section 306(g) of the Denali Commission Act of 1998, the Denali Commission may use amounts transferred pursuant to section 329 of the Department of Transportation and Related Agencies Appropriations Act, 1999, for administrative expenses. V General provisions 501. None of the funds appropriated by this Act may be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913. 502. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in this Act or any other appropriation Act. 503. (a) The head of any executive branch department, agency, board, commission, or office funded by this Act shall submit annual reports to the Inspector General or senior ethics official for any entity without an Inspector General, regarding the costs and contracting procedures related to each conference held by any such department, agency, board, commission, or office during fiscal year 2014 for which the cost to the United States Government was more than $100,000. (b) Each report submitted shall include, for each conference described in subsection (a) held during the applicable period— (1) a description of its purpose; (2) the number of participants attending; (3) a detailed statement of the costs to the United States Government, including— (A) the cost of any food or beverages; (B) the cost of any audio-visual services; (C) the cost of employee or contractor travel to and from the conference; and (D) a discussion of the methodology used to determine which costs relate to the conference; and (4) a description of the contracting procedures used including— (A) whether contracts were awarded on a competitive basis; and (B) a discussion of any cost comparison conducted by the departmental component or office in evaluating potential contractors for the conference. (c) Within 15 days of the date of a conference held by any executive branch department, agency, board, commission, or office funded by this Act during fiscal year 2014 for which the cost to the United States Government was more than $20,000, the head of any such department, agency, board, commission, or office shall notify the Inspector General or senior ethics official for any entity without an Inspector General, of the date, location, and number of employees attending such conference. (d) A grant or contract funded by amounts appropriated by this Act to an executive branch agency may not be used for the purpose of defraying the costs of a conference described in subsection (c) that is not directly and programmatically related to the purpose for which the grant or contract was awarded, such as a conference held in connection with planning, training, assessment, review, or other routine purposes related to a project funded by the grant or contract. (e) None of the funds made available in this Act may be used for travel and conference activities that are not in compliance with Office of Management and Budget Memorandum M–12–12 dated May 11, 2012. This Act may be cited as the Energy and Water Development and Related Agencies Appropriations Act, 2014 June 27, 2013 Read twice and placed on the calendar

Energy and Water Development and Related Agencies Appropriations Act, 2014

American Jobs Matter Act of 2013 - Requires an executive agency to include the effects on employment within the United States (a jobs impact statement) in the evaluation factors that must be considered in each solicitation for competitive proposals for covered contracts. Defines a "covered contract" as a contract in excess of $1 million for the procurement of manufactured goods, goods or services listed in a required report of industrial base capabilities, or any item procured as part of a major defense acquisition program. Allows an offeror's jobs impact statement to include a guarantee that jobs created or retained in the United States will not be moved outside the United States after award of the contract unless doing so is required to provide the goods or services stipulated in the contract or is in the best interest of the federal government. Requires each agency to: (1) assess, annually, the accuracy of such a statement submitted by an offeror awarded a contract; and (2) track the number of jobs created or retained during the performance of such contract. Allows the agency, if the number of jobs created or retained falls short of agency estimates, to consider this as a factor that affects a contractor's past performance in the award of future contracts. Requires: (1) the Secretary of Defense to report annually on the frequency of use within the Department of Defense (DOD) of jobs impact statements in the evaluation of competitive proposals, and (2) revision of the Department of Defense Supplement to the Federal Acquisition Regulation to implement this Act.

To amend title 10, United States Code, to require contracting officers to consider information regarding domestic employment before awarding a Federal defense contract, and for other purposes. 1. Short title This Act may be cited as the American Jobs Matter Act of 2013 2. Consideration and verification of information relating to effect on domestic employment of award of Federal defense contracts (a) In general Section 2305(a)(3) (C) (i) In prescribing the evaluation factors to be included in each solicitation for competitive proposals for covered contracts, an agency shall include the effects on employment within the United States of the contract as an evaluation factor that must be considered in the evaluation of proposals. (ii) In this subparagraph, the term covered contract (I) a contract in excess of $1,000,000 for the procurement of manufactured goods; (II) a contract in excess of $1,000,000 for the procurement of goods or services listed in the report of industrial base capabilities required by section 2504 (III) a contract in excess of $1,000,000 for the procurement of any item procured as part of a major defense acquisition program. (iii) The head of an agency, in issuing a solicitation for competitive proposals, shall state in the solicitation that the agency may consider, and in the case of a covered contract will consider as an evaluation factor under subparagraph (A), information (in this subsection referred to as a jobs impact statement (iv) The information that may be included in a jobs impact statement may include the following: (I) The number of jobs expected to be created or retained in the United States if the contract is awarded to the offeror. (II) The number of jobs created or retained in the United States by the subcontractors expected to be used by the offeror in the performance of the contract. (III) A guarantee from the offeror that jobs created or retained in the United States will not be moved outside the United States after award of the contract unless doing so is required to provide the goods or services stipulated in the contract or is in the best interest of the Federal Government. (v) The contracting officer may consider, and in the case of a covered contract will consider, the information in the jobs impact statement in the evaluation of the offer and may request further information from the offeror in order to verify the accuracy of any such information submitted. (vi) In the case of a contract awarded to an offeror that submitted a jobs impact statement with the offer for the contract, the agency shall, not later than one year after the award of the contract and annually thereafter for the duration of the contract or contract extension, assess the accuracy of the jobs impact statement. (vii) The Secretary of Defense shall submit to Congress an annual report on the frequency of use within the Department of Defense of jobs impact statements in the evaluation of competitive proposals. (viii) (I) In any contract awarded to an offeror that submitted a jobs impact statement with its offer in response to the solicitation for proposals for the contract, the agency shall track the number of jobs created or retained during the performance of the contract. (II) If the number of jobs that the agency estimates will be created (by using the jobs impact statement) significantly exceeds the number of jobs created or retained, then the agency may consider this as a factor that affects a contractor's past performance in the award of future contracts. (III) Contractors shall be provided an opportunity to explain any differences between their original jobs impact statement and the actual amount of jobs created or retained before the discrepancy affects the agency’s assessment of the contractor's past performance. . (b) Revision of Federal Acquisition Regulation The Department of Defense Supplement to the Federal Acquisition Regulation shall be revised to implement the amendment made by subsection (a).

American Jobs Matter Act of 2013

Pediatric, Adolescent, and Young Adult Cancer Survivorship Research and Quality of Life Act of 2013 - Amends the Public Health Service Act to allow the Secretary of Health and Human Services (HHS) to make grants to eligible entities to establish pilot programs to develop, study, or evaluate model systems for monitoring and caring for childhood cancer survivors. Authorizes the Secretary to convene a Workforce Development Collaborative on Medical and Psychosocial Care for Pediatric Cancer to establish a plan to meet specified objectives relating to medical and psychosocial care workforce development, including: (1) disseminating to health care educators information relevant to providing medical and psychosocial services to individuals with pediatric cancers, (2) adapting curricula for continuing education of the existing workforce, and (3) strengthening the emphasis on psychosocial health care in educational accreditation standards and professional licensing and certification.

To improve and enhance research and programs on childhood cancer survivorship, and for other purposes. 1. Short title This Act may be cited as the Pediatric, Adolescent, and Young Adult Cancer Survivorship Research and Quality of Life Act of 2013 2. Findings Congress finds as follows: (1) An estimated 13,500 children and adolescents under age 20 are diagnosed with cancer each year. (2) In 1960, only 4 percent of children with cancer survived more than 5 years, but by 2011, cure rates have increased to 78 percent for children and adolescents under age 20. (3) As of June 2013, there are more than 360,000 childhood cancer survivors living in the United States. (4) As many as 2/3 1/4 (5) The late effects of cancer treatment may change as treatments evolve, which means that the monitoring and treatment of cancer survivors may need to be modified on a routine basis. (6) The Institute of Medicine, in its report on cancer survivorship entitled Childhood Cancer Survivorship: Improving Care and Quality of Life 3. Cancer survivorship programs (a) Cancer survivorship programs Subpart 1 of part C of title IV of the Public Health Service Act ( 42 U.S.C. 285 et seq. 417H. Pilot programs to explore model systems of care for pediatric cancer survivors (a) In general The Secretary may make grants to eligible entities to establish pilot programs to develop, study, or evaluate model systems for monitoring and caring for childhood cancer survivors. (b) Eligible entities In this section, the term eligible entity (1) a medical school; (2) a children’s hospital; (3) a cancer center; or (4) any other entity with significant experience and expertise in treating survivors of childhood cancers. (c) Use of funds The Secretary may make a grant under this section to an eligible entity only if the entity agrees— (1) to use the grant to establish a pilot program to develop, study, or evaluate one or more model systems for monitoring and caring for cancer survivors; and (2) in developing, studying, and evaluating such systems, to give special emphasis to— (A) the design of protocols for different models of follow-up care, monitoring, and other survivorship programs (including peer support and mentoring programs); (B) the development of various models for providing multidisciplinary care; (C) the dissemination of information and the provision of training to health care providers about how to provide linguistically and culturally competent follow-up care and monitoring to cancer survivors and their families; (D) the development of support programs to improve the quality of life of cancer survivors; (E) the design of systems for the effective transfer of treatment information and care summaries from cancer care providers to other health care providers (including risk factors and a plan for recommended follow-up care); (F) the dissemination of the information and programs described in subparagraphs (A) through (E) to other health care providers (including primary care physicians and internists) to cancer survivors and their families, where appropriate; and (G) the development of initiatives that promote the coordination and effective transition of care between cancer care providers, primary care physicians, and mental health professionals. (d) Authorization of appropriations There are authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2014 through 2018. 417H–1. Workforce development collaborative on medical and psychosocial care for childhood cancer survivors (a) In general Not later than 1 year after the date of enactment of the Pediatric, Adolescent, and Young Adult Cancer Survivorship Research and Quality of Life Act of 2013 Collaborative (b) Goals and reports The Collaborative shall submit to the Secretary a report establishing a plan to meet the following objectives for medical and psychosocial care workforce development: (1) Identifying, refining, and broadly disseminating to healthcare educators information about workforce competencies, models, and preservices curricula relevant to providing medical and psychosocial services to individuals with pediatric cancers. (2) Adapting curricula for continuing education of the existing workforce using efficient workplace-based learning approaches. (3) Developing the skills of faculty and other trainers in teaching psychosocial health care using evidence-based teaching strategies. (4) Strengthening the emphasis on psychosocial healthcare in educational accreditation standards and professional licensing and certification exams by recommending revisions to the relevant oversight organizations. (5) Evaluating the effectiveness of patient navigators in pediatric cancer survivorship care. (6) Evaluating the effectiveness of peer support programs in the psychosocial care of pediatric cancer patients and survivors. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2014 through 2018. . (b) Technical amendment (1) In general Section 3 of the Hematological Cancer Research Investment and Education Act of 2002 ( Public Law 107–172 section 419C section 417C (2) Effective date The amendment made by paragraph (1) shall take effect as if included in section 3 of the Hematological Cancer Research Investment and Education Act of 2002 ( Public Law 107–172

Pediatric, Adolescent, and Young Adult Cancer Survivorship Research and Quality of Life Act of 2013

Flexibility for Working Families Act - Authorizes an employee to request from an employer a temporary or permanent change in the terms or conditions of the employee's employment if the request relates to: (1) the number of hours the employee is required to work, (2) the times when the employee is required to work or be on call for work, (3) where the employee is required to work, or (4) the amount of notification the employee receives of work schedule assignments. Sets forth certain employer duties with respect to such requests. Makes it unlawful for an employer to interfere with any rights provided to an employee under this Act. Authorizes an employee to file a complaint with the Secretary of Labor for any violations of such rights. Provides for the investigation and assessment of civil penalties or the award of relief for alleged violations, including the review in federal courts of appeal of orders of the Secretary. Requires the Secretary and certain federal agency administrative officers to provide information and technical assistance to employers, labor organizations, and the general public regarding compliance with this Act. Requires the Administrator of the Wage and Hour Division of the Department of Labor to issue guidance on compliance with the Fair Labor Standards Act that provides a flexible work environment through changes in employee terms and conditions of employment provided in this Act. Applies the requirements of this Act to certain classes of employees, including employees of the Government Accountability Office (GAO) and the Library of Congress.

To permit employees to request, and to ensure employers consider requests for, flexible work terms and conditions, and for other purposes. 1. Short title This Act may be cited as the Flexibility for Working Families Act 2. Findings Congress makes the following findings: (1) Over the last 50 years, the demographics of the Nation’s workforce have undergone significant changes. As a result of the changes, the modern workforce has a more diverse set of needs. (2) Over time, increasing numbers of women have joined the workforce. The Bureau of Labor Statistics reports that in 1960 women composed 33 percent of employed persons, whereas in 2010 they were 47 percent of employed persons. (3) Fewer households have at least 1 parent at home. According to the Bureau of the Census, more than 70 percent of children are raised in families that are headed by either a working single parent or 2 working parents. Furthermore, the number of households with married parents and children, in which both parents were in the workforce, rose to 66 percent in 2010. The number of single-parent families has also increased, almost tripling over the last 50 years, from 5 percent in 1960, to 14 percent in 2010. (4) More households are caring for older relatives. According to the Bureau of the Census, the average life expectancy for a child born in 2010 is 78.3 years, almost 10 years longer than for a child born in 1960. The National Alliance for Caregiving found that 57 percent of persons who provide unpaid care to an adult or to a child with special needs are employed, with 46 percent working full time and 11 percent working part time. (5) Many jobs are now located outside of city centers. Low-wage employees in particular have difficulty reaching jobs through public transportation during off-peak shifts, such as shifts that start in the evening or early morning. (6) In response to the needs of the modern workforce some employers have instituted flexible work arrangements, which, according to Georgetown University Law School's Workforce Flexibility 2010 initiative, are voluntary arrangements between employees and employers that alter the time or place at which work is conducted, or the amount of work that is conducted, in order to allow employees to more easily meet the needs of both work and family life. (7) The National Study of the Changing Workforce, published in 2002 by the Families and Work Institute, found that employees with access to flexible work arrangements reported less interference between their job and family life, and fewer mental health problems. (8) Corporate Voices for Working Families found that implementing workplace flexibility improves employee satisfaction, morale, and teamwork as well as employee health, well-being, and resilience, and helps to reduce stress. (9) Flexible work arrangements have also been shown to improve the bottom line for businesses. Corporate Voices for Working Families found that implementing workplace flexibility improves the bottom line by helping businesses to attract and retain key talent, increase employee retention and reduce turnover, reduce overtime and absenteeism, and enhance employee productivity, effectiveness, and engagement. (10) The President's Council of Economic Advisors found that, as more businesses adopt flexibility practices, the benefits to society, in the form of reduced traffic, improved employment outcomes, and more efficient allocation of employees to employers, may be greater than the gains to individual businesses and employees. (11) According to a 2011 Government Accountability Office report, a flexible work environment can increase and enhance employment opportunities for individuals with disabilities. (12) The Society for Human Resource Management believes that the key to getting the best out of every employee is a flexible work environment. (13) According to the National Partnership for Women and Families, businesses can retain their most valuable asset—a trained and committed workforce—by offering flexible workplace policies. 3. Definitions In this Act: (1) Administrative officer The term administrative officer (2) Employee The term employee (A) who is— (i) (I) an employee (including an applicant), as defined in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) (II) an employee (including an applicant) of the Government Accountability Office; (ii) a State employee (including an applicant) described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (iii) a covered employee (including an applicant), as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 (iv) a covered employee (including an applicant), as defined in section 411(c) of title 3, United States Code; or (v) a Federal officer or employee (including an applicant) covered under subchapter V of chapter 63 (B) who works at least 20 hours per week or, in the alternative, at least 1,000 hours per year. (3) Employer (A) In general The term employer (i) (I) a covered employer, as defined in subparagraph (B), who is not covered under any of subclauses (II) through (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) (V) an employing agency covered under subchapter V of chapter 63 (ii) is engaged in commerce (including government), in the production of goods for commerce, or in an enterprise engaged in commerce (including government) or in the production of goods for commerce. (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 such an employer to any of the employees of such employer; and (bb) any successor in interest of such an employer; and (III) includes an agency described in clause (iii) or (iv) of subparagraph (A) of section 101(4) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611(4) (ii) Definitions For purposes of this subparagraph: (I) Commerce The terms commerce industry or activity affecting commerce 29 U.S.C. 2611 (II) Employee; person The terms employee person 29 U.S.C. 203 (C) Predecessors Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. (4) Secretary The term Secretary (5) Supervisor (A) In general The term supervisor (B) Application For purposes of applying this paragraph, a reference in such section— (i) to an employee shall be considered to be a reference to an employee, as defined in this section; and (ii) to an employer shall be considered to be a reference to an employer, as defined in this section. 4. Statutory right to request flexible work terms and conditions (a) In General An employee may apply to the employee’s employer for a temporary or permanent change in the employee’s terms or conditions of employment if the change relates to— (1) the number of hours the employee is required to work; (2) the times when the employee is required to work or be on call for work; (3) where the employee is required to work; or (4) the amount of notification the employee receives of work schedule assignments. (b) Contents An application submitted under this section shall— (1) state that the application is an application described in subsection (a); (2) specify the change applied for and the date on which the employee requests that the change become effective; and (3) explain what effect, if any, the employee thinks the change applied for would have on the employer and how, in the employee’s opinion, any such effect might be dealt with. (c) Submissions (1) Period between submissions If an employee, who has submitted an application under this section to an employer, submits a further application under this section to the same employer before the end of the period of 12 months beginning with the date on which the previous application was submitted, that further application shall not be covered by section 5. (2) Form and timing The administrative officer shall, by regulation issued under section 13, specify— (A) the form of applications submitted under this section; and (B) when such an application shall be considered to be submitted. 5. Employer’s duties in relation to applications (a) In General An employer to whom an employee submits an application under section 4 shall consider the application, in accordance with regulations issued under section 13. (b) Regulations Regulations issued under subsection (a)— (1) shall include provisions that provide— (A) that the employer and the employee shall hold a meeting to discuss such an application; (B) that the employer shall give the employee a written decision regarding the application, within a reasonable period after the date of the meeting; (C) that a decision under subparagraph (B) to reject the application shall state the grounds for the decision, including whether those grounds included— (i) the identifiable cost of the proposed change in a term or condition of employment requested in the application, including the costs of loss of productivity, of retraining or hiring an employee, or of transferring an employee from one facility to another facility; (ii) the overall financial resources involved; (iii) for an employer with multiple facilities, the geographic separateness or administrative or fiscal relationship of the staffs at the facilities; (iv) the effect of the change on the employer's ability to meet customer demand; or (v) another factor specified by the administrative officer in regulation; (D) that if the employer rejects the employee's application, the employer may propose in writing an alternative change to the employee's hours, times, place, and amount of notification of schedule assignments for work; (E) that if the employee is dissatisfied with the employer’s decision under subparagraph (B) and the alternative described in subparagraph (D), and if the employer has another supervisor, the employee has the right to reconsideration of the decision by such supervisor, and to receive a decision in writing from the reconsideration within a reasonable period, in accordance with procedures specified in regulations issued under section 13; (F) that the employee shall have a right to be accompanied at meetings described in subparagraph (A) by a representative of the employee's choosing with such qualifications as the regulations shall specify; (G) that if such a representative of the employee's choosing is not available to attend a meeting described in subparagraph (A), the meeting shall be postponed; and (H) for extension of a time limit specified in the regulations in a case in which the employer and employee agree, or in such other circumstances as the regulations may specify; and (2) may include provisions that provide— (A) that any requirement of the regulations shall not apply in a case in which such an application is disposed of by agreement or withdrawn; and (B) for applications to be treated as withdrawn in specified circumstances. 6. Prohibited acts (a) Interference With Rights It shall be unlawful for any employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this Act. (b) Interference With Application, Proceedings, or Inquiries It shall be unlawful for any employer to discharge or in any other manner discriminate against (including retaliating against) any individual because such individual— (1) has submitted (or attempted to submit) an application under section 4 or requested (or attempted to request) a reconsideration under section 5; (2) has filed an action, or has instituted or caused to be instituted any proceeding, under or related to this Act; (3) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this Act; (4) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this Act; (5) has opposed any practice made unlawful by this Act; or (6) has in any other way exercised or attempted to exercise any right provided under this Act. 7. Enforcement (a) Definitions Except as provided in subsection (d), in this section: (1) Employee The term employee (2) Employer The term employer (b) General Authority The provisions of this Act may be enforced pursuant to the following provisions: (1) Investigation and assessment An employee who is affected by a violation of a right in section 6 (including a violation relating to a right provided under section 4 or 5) may make a complaint to the Secretary of Labor, alleging that the employer involved has violated section 6. The Secretary shall receive, investigate, and attempt to resolve such complaints of violations in the same manner as the Secretary receives, investigates, and attempts to resolve complaints of violations of section 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207), and may issue an order making determinations, and assessing a civil penalty described in section 8(a)(1) or awarding relief described in section 8(a)(2), as appropriate, with respect to such an alleged violation. (2) Administrative review An affected person who takes exception to an order issued under paragraph (1) may request a review of and a decision regarding such an order by an administrative law judge, who may hold an administrative hearing concerning the order under procedures established by the administrative officer that comply with the requirements of sections 554, 556, and 557 of title 5, United States Code, and regulations promulgated by the administrative officer. Such hearing shall be conducted expeditiously. If no affected person requests such review within 60 days after the order is issued under paragraph (1), the order shall be deemed to be a final order that is not subject to judicial review. (3) Enforcement The amount of any penalty assessed against an employer under this subsection, when finally determined, may be— (A) deducted from any sums owed by the United States to the employer; or (B) recovered in a civil action brought against the employer by the Secretary, represented by the Solicitor of Labor (or brought against the employer by the administrative officer specified in section 13(a)) in any court of competent jurisdiction. (4) Civil action An affected person desiring review of a decision issued under paragraph (2) (other than a nonreviewable order) may file a petition for review in an appropriate Federal court of appeals. (5) Civil action by the Secretary for injunctive relief The Secretary (or the administrative officer specified in section 13(a)) may bring an action for a violation described in paragraph (1) in a district court of the United States to obtain the injunctive relief described in section 8(b). (c) Other Employees (1) Employees covered by congressional accountability act of 1995 Notwithstanding any other provision of this section or section 8, the powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. 2 U.S.C. 1301 2 U.S.C. 1312(a)(1) (2) Employees covered by chapter 5 Notwithstanding any other provision of this section or section 8, the powers, remedies, and procedures provided in chapter 5 of title 3, United States Code, to the President, the Merit Systems Protection Board, or any person, alleging a violation of section 412(a)(1) of that title, shall be the powers, remedies, and procedures this Act provides to the President, that Board, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee described in section 3(2)(A)(iv). (3) Employees covered by chapter 63 Notwithstanding any other provision of this section or section 8, the powers, remedies, and procedures provided in title 5, United States Code, to an employing agency, provided in chapter 12 of that title to the Merit Systems Protection Board, or provided in that title to any person, alleging a violation of subchapter V of chapter 63 of that title, shall be the powers, remedies, and procedures this Act provides to that agency, that Board, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee described in section 3(2)(A)(v). 8. Remedies (a) Administrative Proceedings and Actions for Review (1) Interference with exercise of rights In an action brought under paragraph (1), (2), or (4) of section 7(b), an employer who commits a willful or repeated violation of the provisions of section 6 (including a violation relating to a right provided under section 4 or 5) shall be subject to a civil penalty of not more than $1,100 for each employee who was the subject of such a violation. (2) Retaliation In an action brought under paragraph (1), (2), or (4) of section 7(b), if an employer violates section 6(b), the employee who is affected by the violation or the Secretary (or the administrative officer specified in section 13(a)), as appropriate, may obtain an order awarding such equitable relief as may be appropriate, including employment, reinstatement, promotion, back pay, and a change in the terms or conditions of employment. (b) Civil action by the Secretary for injunctive relief In an action brought under section 7(b)(5), the Secretary (or the administrative officer specified in section 13(a)) may obtain an order— (1) restraining violations of section 6 (including a violation relating to a right provided under section 4 or 5); or (2) awarding such other equitable relief as may be appropriate, including employment, reinstatement, promotion, back pay, and a change in the terms or conditions of employment. 9. Notice (a) In general Each employer shall post and keep posted, in conspicuous places on the premises of the employer where notices to employees and applicants for employment are customarily posted, a notice, to be prepared or approved by the Secretary (or the administrative officer specified in section 13(a)) setting forth excerpts from, or summaries of, the pertinent provisions of this Act and information pertaining to the filing of a complaint under section 7(b). (b) Penalty Any employer that willfully violates this section may be assessed a civil money penalty not to exceed $500 for each separate offense. 10. Recordkeeping Any employer shall make, keep, and preserve records pertaining to compliance with this Act in accordance with regulations issued under section 13. 11. Research, education, and technical assistance program (a) In general The Secretary (and each administrative officer specified in section 13(a), as applicable) shall provide information and technical assistance to employers, labor organizations, and the general public concerning compliance with this Act. (b) Program In order to achieve the objectives of this Act— (1) the Secretary, acting through the Administrator of the Wage and Hour Division of the Department of Labor, shall issue guidance on compliance with the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. (2) the Secretary shall carry on a continuing program of research, education, and technical assistance, including— (A) conducting and promoting research with the intent of encouraging flexibility in work terms and conditions; (B) publishing and otherwise making available to employers, labor organizations, professional associations, educational institutions, the various communication media, and the general public the findings of studies and other materials for promoting compliance with this Act; (C) sponsoring and assisting State and community informational and educational programs; and (D) providing technical assistance to employers, labor organizations, professional associations, and other interested persons on means of achieving and maintaining compliance with the provisions of this Act. 12. Rights retained by employees Nothing in this Act shall be considered to diminish the rights, privileges, or remedies of any employee under any Federal or State law, or under a collective bargaining agreement. 13. Application of provisions Not later than 12 months after the date of enactment of this Act— (1) (A) except as provided in subparagraph (B), the Secretary shall issue such regulations as are necessary to carry out this Act (including regulations described in sections 4(c)(2), 5(a), 5(b)(1)(E), and 7(b)(2)) with respect to employees described in clause (i) or (ii) of section 3(2)(A); and (B) the Comptroller General of the United States and the Librarian of Congress shall issue such regulations as are necessary to carry out this Act (including regulations described in sections 4(c)(2), 5(a), 5(b)(1)(E), and 7(b)(2)) with respect to employees of the Government Accountability Office and the Library of Congress, respectively; (2) the Board of Directors of the Office of Compliance shall issue (in accordance with section 304 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1384 (3) the President (or the designee of the President) shall issue such regulations as are necessary to carry out this Act (including regulations described in sections 4(c)(2), 5(a), 5(b)(1)(E), and 7(b)(2)) with respect to employees described in section 3(2)(A)(iv); and (4) the Director of the Office of Personnel Management shall issue such regulations as are necessary to carry out this Act (including regulations described in sections 4(c)(2), 5(a), 5(b)(1)(E), and 7(b)(2)) with respect to employees described in section 3(2)(A)(v). 14. Authorization of appropriations There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal year 2012 and each subsequent fiscal year. 15. Effective date (a) In general Except as provided in subsection (b), this Act takes effect on the date of enactment of this Act. (b) Application of nonregulatory provisions (1) In general Except as provided in paragraph (2), sections 2 through 12 shall apply on the earlier of— (A) the date that occurs 3 months after the date on which the Secretary issues regulations under section 13(a)(1)(A); and (B) the date that occurs 15 months after the date of enactment of this Act. (2) Collective bargaining agreements In the case of a collective bargaining agreement in effect on the application date prescribed by paragraph (1), sections 2 through 12 shall apply on the earlier of— (A) the date of the termination of such agreement; or (B) the date that occurs 12 months after the date of enactment of this Act.

Flexibility for Working Families Act

Amends the Trafficking Victims Protection Act of 2000 to: (1) redesignate the Department of State's Office to Monitor and Combat Trafficking as the Bureau to Monitor and Combat Trafficking in Persons, and (2) provide for an Assistant Secretary to head the Bureau.

To rename the Office to Monitor and Combat Trafficking of the Department of State the Bureau to Monitor and Combat Trafficking in Persons and to provide for an Assistant Secretary to head such Bureau, and for other purposes. 1. Redesignation of office (a) In general Section 105(e) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7103(e) (1) in the subsection heading, by striking Office to Monitor and Combat Trafficking Bureau to Monitor and Combat Trafficking in Persons (2) in paragraph (1)— (A) in the first sentence, by striking Office to Monitor and Combat Trafficking Bureau to Monitor and Combat Trafficking in Persons (B) in the second sentence, by striking Office Bureau (C) in the sixth sentence, by striking Office Bureau (3) in paragraph (2)(A), by striking Office to Monitor and Combat Trafficking Bureau to Monitor and Combat Trafficking in Persons (b) Conforming amendments (1) Section 112A(b)(3) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7109a(b)(3) Office to Monitor and Combat Trafficking Bureau to Monitor and Combat Trafficking in Persons (2) Section 113(a) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7110(a) Office to Monitor and Combat Trafficking Bureau to Monitor and Combat Trafficking in Persons (3) Section 105 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7112 (A) by striking Office to Monitor and Combat Trafficking Bureau to Monitor and Combat Trafficking in Persons (B) in subsection (a)(2), by striking focus of the Office focus of the Bureau (4) Section 708(a) of the Foreign Service Act of 1980 ( 22 U.S.C. 4028(a) Office to Monitor and Combat Trafficking Bureau to Monitor and Combat Trafficking in Persons 2. Assistant Secretary of the Bureau to Monitor and Combat Trafficking in Persons (a) In general Section 105(e) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7103(e) (1) in paragraph (1)— (A) by striking Director Assistant Secretary (B) by striking , with the rank of Ambassador-at-Large (2) in paragraph (2), by striking Director Assistant Secretary (b) Conforming amendments (1) Section 112A(b)(3) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7109a(b)(3) Director Assistant Secretary (2) Section 105(a)(2) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7112(a)(2) Director Assistant Secretary (3) Section 708(a) of the Foreign Service Act of 1980 ( 22 U.S.C. 4028(a) Director Assistant Secretary (c) Increase in authorized Assistant Secretary positions (1) Section 1(c)(1) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a(c)(1) not more than 24 Assistant Secretaries not more than 25 Assistant Secretaries (2) Section 5315 Assistant Secretaries of State (24) Assistant Secretaries of State (25) 3. References (a) Office To Monitor and Combat Trafficking Any reference to the Office to Monitor and Combat Trafficking in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Bureau to Monitor and Combat Trafficking in Persons. (b) Assistant Secretary of the Bureau To Monitor and Combat Trafficking in Persons Any reference to the Director of the Office to Monitor and Combat Trafficking in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Assistant Secretary of the Bureau to Monitor and Combat Trafficking in Persons.

A bill to rename the Office to Monitor and Combat Trafficking of the Department of State the Bureau to Monitor and Combat Trafficking in Persons and to provide for an Assistant Secretary to head such Bureau, and for other purposes.

Strategic Response to Asian Carp Invasion Act - Requires the Director of the U.S. Fish and Wildlife Service (USFWS), in coordination with the Chief of Engineers, the National Park Service (NPS), and the U.S. Geological Survey (USGS), to lead a multiagency effort to slow the spread of Asian Carp in the Upper Mississippi and Ohio River basins and tributaries by providing support to state and local governments in carrying out activities designed to slow, and eventually eliminate, the threat posed by such carp.

To direct the United States Fish and Wildlife Service, in coordination with the Army Corps of Engineers, the National Park Service, and the United States Geological Survey, to lead a multiagency effort to slow the spread of Asian carp in the Upper Mississippi and Ohio River basins and tributaries, and for other purposes. 1. Short title This Act may be cited as the Strategic Response to Asian Carp Invasion Act 2. Findings Congress finds that— (1) the rapid spread of several invasive species of Asian carp in the Upper Mississippi River and Ohio River basins and tributaries threatens ecosystems and billions of dollars of economic activities connected to outdoor recreation in States throughout the Midwest; and (2) while Federal efforts have focused on preventing the spread of Asian carp into the Great Lakes, there is growing recognition of the threat Asian carp pose to other ecosystems in the Upper Mississippi and Ohio River basins. 3. Multiagency effort to slow the spread of Asian carp in the Upper Mississippi and Ohio River basins and tributaries (a) In general The Director of the United States Fish and Wildlife Service, in coordination with the Chief of Engineers, the Director of the National Park Service, and the Director of the United States Geological Survey, shall lead a multiagency effort to slow the spread of Asian carp in the Upper Mississippi and Ohio River basins and tributaries by providing high-level technical assistance, coordination, best practices, and support to State and local governments in carrying out activities designed to slow, and eventually eliminate, the threat posed by Asian carp. (b) Best practices To the maximum extent practicable, the multiagency effort shall apply lessons learned and best practices such as those described in the document prepared by the Asian Carp Working Group entitled Management and Control Plan for Bighead, Black, Grass, and Silver Carps in the United States FY 2012 Asian Carp Control Strategy Framework 4. Report to Congress (a) In general Not later than December 31 of each year, the Director of the United States Fish and Wildlife Service shall submit to the Committee on Appropriations and the Committee on Natural Resources of the House of Representatives and the Committee on Appropriations and the Committee on Environmental and Public Works of the Senate a report describing the coordinated strategies established and progress made toward goals to control and eliminate Asian carp in the Upper Mississippi and Ohio River basins and tributaries. (b) Contents Each report submitted under subsection (a) shall include— (1) any observed changes in the range of Asian carp in the Upper Mississippi and Ohio River basins and tributaries during the 2-year period preceding submission of the report; (2) a summary of Federal agency efforts, including cooperative efforts with non-Federal partners, to control the spread of Asian carp in the Upper Mississippi and Ohio River basins and tributaries; (3) any research that the Director determines could improve the ability to control the spread of Asian carp; (4) any quantitative measures that Director intends to use to document progress in controlling the spread of Asian carp; and (5) a cross-cut accounting of Federal and non-Federal expenditures to control the spread of Asian carp.

A bill to direct the United States Fish and Wildlife Service, in coordination with the Army Corps of Engineers, the National Park Service, and the United States Geological Survey, to lead a multiagency effort to slow the spread of Asian carp in the Upper Mississippi and Ohio River basins and tributaries, and for other purposes.

Transportation and Regional Infrastructure Project Bonds Act of 2013 or TRIP Bonds Act - Amends the Internal Revenue Code to allow an income tax credit for any TRIP bond issued by or for the benefit of a state infrastructure bank as part of an issue, if 100% of the available project proceeds from such issue are to be used for expenditures incurred for one or more qualified projects. Requires proceeds from the sale of bonds issued under this Act to be held in a TRIP Bonds Trust Account (including one or more subaccounts). Defines &quot;qualified project&quot; as a capital transportation infrastructure project (including roads, bridges, rail and transit systems, ports, and inland waterways) proposed and approved by a state infrastructure bank, as well as any flood damage risk reduction project with a completed Report of the Chief of Engineers of the Army Corps of Engineers.

To provide $50,000,000,000 in new transportation infrastructure funding through bonding to empower States and local governments to complete significant infrastructure projects across all modes of transportation, including roads, bridges, rail and transit systems, ports, and inland waterways, and for other purposes. 1. Short title This Act may be cited as the Transportation and Regional Infrastructure Project Bonds Act of 2013 TRIP Bonds Act 2. Findings and purpose (a) Findings Congress finds the following: (1) Our Nation's highways, transit systems, railroads, ports, and inland waterways drive our economy, enabling all industries to achieve growth and productivity that makes America strong and prosperous. (2) The establishment, maintenance, and improvement of the national transportation network is a national priority, for economic, environmental, energy, security, and other reasons. (3) The ability to move people and goods is critical to maintaining State, metropolitan, rural, and local economies. (4) The construction of infrastructure requires combining skills from numerous occupations, including those in the contracting, engineering, planning and design, materials supply, manufacturing, distribution, and safety industries. (5) Investing in transportation infrastructure creates long-term capital assets for the Nation that will help the United States address its enormous infrastructure needs and improve its economic productivity. (6) Investment in transportation infrastructure creates jobs and spurs economic activity to put people back to work and stimulate the economy. (7) Every billion dollars in transportation investment has the potential to create up to 30,000 jobs. (8) Every dollar invested in the Nation's transportation infrastructure yields at least $5.70 in economic benefits because of reduced delays, improved safety, and reduced vehicle operating costs. (9) Numerous experts have noted that the estimated cost to maintain and improve our Nation's highways, bridges, and other critical transportation infrastructure significantly exceeds what is currently being provided by all levels of government. (b) Purpose The purpose of this Act is to provide financing for additional transportation infrastructure capital investments. 3. Credit to holders of TRIP bonds (a) In general Subpart I of part IV of subchapter A of chapter 1 54G. TRIP bonds (a) TRIP bond For purposes of this subpart, the term TRIP bond (1) 100 percent of the available project proceeds of such issue are to be used for expenditures incurred after the date of the enactment of this section for 1 or more qualified projects pursuant to an allocation of such proceeds to such project or projects by a State infrastructure bank, (2) the bond is issued by or for the benefit of a State infrastructure bank and is in registered form (within the meaning of section 149(a)), (3) the State infrastructure bank designates such bond for purposes of this section, (4) the term of each bond which is part of such issue does not exceed 30 years, (5) the issue meets the requirements of subsection (e), (6) the State infrastructure bank certifies that the State meets the State contribution requirement of subsection (h), as in effect on the date of issuance, and (7) the State infrastructure bank certifies the State meets the requirement described in subsection (i). (b) Qualified project For purposes of this section— (1) In general The term qualified project (2) Certain projects Such term also includes any flood damage risk reduction project with a completed Report of the Chief of Engineers, with the proceeds of issued bonds available for a State to provide to the United States Army Corps of Engineers (under section 5 of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes, 33 U.S.C. 701h (c) Applicable credit rate In lieu of section 54A(b)(3), for purposes of section 54A(b)(2), the applicable credit rate with respect to an issue under this section is the rate equal to an average market yield (as of the day before the date of sale of the issue) on outstanding comparable-term corporate debt obligations (determined in such manner as the Secretary prescribes). (d) Limitation on amount of bonds designated (1) In general The maximum aggregate face amount of bonds which may be designated under subsection (a) by any State infrastructure bank shall not exceed the TRIP bond limitation amount allocated to such bank under paragraph (3). (2) National limitation amount There is a TRIP bond limitation amount for each calendar year. Such limitation amount is— (A) $5,000,000,000 for 2014, (B) $5,000,000,000 for 2015, (C) $10,000,000,000 for 2016, (D) $10,000,000,000 for 2017, (E) $10,000,000,000 for 2018, (F) $10,000,000,000 for 2019, and (G) except as provided in paragraph (4), zero thereafter. (3) Allocations to States (A) In general The TRIP bond limitation amount for each calendar year shall be allocated by the Secretary among the States such that each State is allocated 2 percent of such amount. (B) Return of unused allocations Any allocation to a State under subparagraph (A) which remains unused on the last day of the calendar year for which the allocation was made shall be relinquished by the State and reallocated by the Secretary proportionally among participating States. (4) Carryover of unused issuance limitation If for any calendar year the TRIP bond limitation amount under paragraph (2) exceeds the amount of TRIP bonds issued during such year, such excess shall be carried forward to 1 or more succeeding calendar years as an addition to the TRIP bond limitation amount under paragraph (2) for such succeeding calendar year and until used by issuance of TRIP bonds. (e) Special rules relating to expenditures (1) In general An issue shall be treated as meeting the requirements of this subsection if, as of the date of issuance, the State infrastructure bank reasonably expects— (A) at least 100 percent of the available project proceeds of such issue are to be spent for 1 or more qualified projects within the 5-year expenditure period beginning on such date, (B) within the 12-month period beginning on such date, to incur a binding commitment with a third party for such third party— (i) to spend at least 10 percent of the proceeds of such issue within the 12-month period following the date of entering into such commitment, or (ii) to commence construction within the 12-month period following the date of entering into such commitment with respect to any qualified project or combination of qualified projects the costs of which account for at least 10 percent of the proceeds of such issue, and (C) to proceed with due diligence to complete such projects and to spend the proceeds of such issue. (2) Rules regarding continuing compliance after 5-year determination To the extent that less than 100 percent of the available project proceeds of such issue are expended by the close of the 5-year expenditure period beginning on the date of issuance, the State infrastructure bank shall redeem all of the nonqualified bonds within 90 days after the end of such period. For purposes of this paragraph, the amount of the nonqualified bonds required to be redeemed shall be determined in the same manner as under section 142. (f) Recapture of portion of credit where cessation of compliance If any bond which when issued purported to be a TRIP bond ceases to be such a bond, the State infrastructure bank shall pay to the United States (at the time required by the Secretary) an amount equal to the sum of— (1) the aggregate of the credits allowable under section 54A with respect to such bond (determined without regard to section 54A(c)) for taxable years ending during the calendar year in which such cessation occurs and each succeeding calendar year ending with the calendar year in which such bond is redeemed by the bank, and (2) interest at the underpayment rate under section 6621 on the amount determined under paragraph (1) for each calendar year for the period beginning on the first day of such calendar year. (g) TRIP Bonds Trust Accounts (1) In general The following amounts shall be held in a TRIP Bonds Trust Account (including 1 or more subaccounts) by each State infrastructure bank: (A) The proceeds from the sale of all bonds issued by or for the benefit of such bank under this section. (B) The amounts described in subsection (h). (C) Any earnings on any amounts described in subparagraph (A) or (B). (2) Use of funds Amounts in each TRIP Bonds Trust Account may be used only to pay costs of qualified projects, pay interest (if any) on TRIP bonds, and redeem TRIP bonds, except that amounts withdrawn from the TRIP Bonds Trust Account to pay costs of qualified projects may not exceed the proceeds from the sale of TRIP bonds described in subsection (a)(1). (3) Use of remaining funds in TRIP bonds trust account Upon the redemption of all TRIP bonds issued by the State infrastructure bank under this section, any remaining amounts in the TRIP Bonds Trust Account held by such bank shall be available to pay the costs of any qualified project in such State. (4) Applicability of Federal law The requirements of any Federal law, including titles 23, 40, and 49 of the United States Code, which would otherwise apply to projects to which the United States is a party or to funds made available under such law and projects assisted with those funds shall apply to— (A) funds made available under each TRIP Bonds Trust Account for similar qualified projects, other than contributions required under subsection (h), and (B) similar qualified projects assisted through the use of such funds. (5) Investment Subject to subsections (e) and (f), it shall be the duty of the State infrastructure bank to invest in investment grade obligations such portion of the TRIP Bonds Trust Account held by such Bank as is not, in the judgment of such bank, required to meet current withdrawals. To the extent cost-effective, investments should be made in securities that support infrastructure investment at the State and local level. (h) State contribution requirements (1) In general For purposes of subsection (a)(6), the State contribution requirement of this subsection is met if the State infrastructure bank has obtained a commitment, not later than the date of issuance of the bond, for deposit into the TRIP Bonds Trust Account equal annual installments sufficient, together with earnings thereon, to repay the principal of the TRIP bond at maturity. (2) State contributions may not include Federal funds For purposes of this subsection, State contributions shall not be derived, directly or indirectly, from Federal funds, including any transfers from the Highway Trust Fund under section 9503. (3) Requirements in lieu of any other matching contribution requirements For purposes of subsection (g)(4), the TRIP bond proceeds may be applied toward any State matching contribution requirement under any other Federal law. (i) Utilization of updated construction technology for qualified projects For purposes of subsection (a)(7), the requirement of this subsection is met if the appropriate State agency relating to the qualified project is utilizing updated construction technologies. (j) Other definitions and special rules For purposes of this section— (1) State infrastructure bank (A) In general The term State infrastructure bank section 610 (B) Special authority Notwithstanding any other provision of law, a State infrastructure bank shall be authorized to perform any of the functions necessary to carry out the purposes of this section, including the making of direct grants to qualified projects from available project proceeds of TRIP bonds issued by such bank. (2) Prohibition on use of highway trust fund Notwithstanding any other provision of law, no funds derived from the Highway Trust Fund established under section 9503 shall be used to pay for credits under this section. . (b) Conforming amendments (1) Paragraph (1) of section 54A(d) (A) by striking or (B) by inserting or (C) by inserting after subparagraph (E) the following new subparagraph: (F) a TRIP bond, , and (D) by inserting (paragraphs (3), (4), and (6), in the case of a TRIP bond) and (6) (2) Subparagraph (C) of section 54A(d)(2) of such Code is amended by striking and , and (vi) in the case of a TRIP bond, a purpose specified in section 54G(a)(1). . (c) Clerical amendment The table of sections for subpart I of part IV of subchapter A of chapter 1 Sec. 54G. TRIP bonds. . (d) Effective date The amendments made by this Act shall apply to bonds issued after December 31, 2013.

TRIP Bonds Act

Caroline Pryce Walker Conquer Childhood Cancer Reauthorization Act - Amends the Public Health Service Act to reauthorize through FY2018 cancer research programs under the Caroline Pryce Walker Conquer Childhood Cancer Act of 2008. Replaces the current pediatric cancer research and awareness grant program carried out by the Secretary of Health and Human Services (HHS) with a comprehensive children's cancer biorepositories program. Authorizes the Director of the National Institutes of Health (NIH) to make awards to eligible applicants to build upon existing initiatives to collect biospecimens and clinical and demographic information (including date of diagnosis, age at diagnosis, and patient's gender, race, and ethnicity) for at least 90% of all children, adolescents, and young adults with cancer in Comprehensive Children's Cancer Biorepositories for the purpose of achieving a better understanding of the cause of such cancers and the effects of treatments. Permits award amounts to be used to: (1) acquire, preserve, and store high quality, donated biospecimens and associated clinical and demographic information on children, adolescents, and young adults diagnosed with cancer in the United States; (2) maintain a secure searchable database for scientists and qualified health care professionals to research such biospecimens and data; and (3) make available and distribute such biospecimens and data to researchers and professionals for peer-reviewed research. Revises the national childhood cancer registry grant program to require the Director of the Centers for Disease Control and Prevention (CDC) to award grants to state cancer registries to enhance and expand infrastructure to track the epidemiology of cancer in children, adolescents, and young adults. Requires a Comptroller General (GAO) report regarding the barriers to conducting pediatric studies of oncologic therapies in applications for new drugs or biological products under the Federal Food, Drug, and Cosmetic Act, including recommendations to improve development and access to new therapies as well as assessments of: (1) the feasibility of requiring studies for a pediatric oncologic indication if the therapeutic target of a drug or biologic product for an adult oncologic indication is highly relevant to any pediatric cancer to which it could apply, and (2) the impact of altering the current exemption for orphan drug designations relating to rare diseases or conditions.

To establish programs with respect to childhood, adolescent, and young adult cancer. 1. Short title This Act may be cited as the Caroline Pryce Walker Conquer Childhood Cancer Reauthorization Act 2. Findings Congress finds as follows: (1) Every year, 13,500 children in the United States are diagnosed with cancer. (2) While the cure rates for some childhood cancers are now over 80 percent, the survival rates for many types of cancers in children remain extremely low. (3) According to the Centers for Disease Control and Prevention, cancer continues to be the leading cause of death by disease in children and adolescents under the age of 14. (4) There are currently more than 360,000 childhood cancer survivors living in the United States. (5) As many as two-thirds of childhood cancer survivors experience at least one long-term health effect of their cancer treatment, including secondary malignancies, cardiopulmonary damage, physical and intellectual developmental impairments, endocrine disorders, and others. (6) Collection of biospecimens and clinical and demographic data on the maximum possible number of children with cancer in the United States is necessary to improve childhood cancer treatments and cures. Currently biospecimens and some demographic data are collected for less than half of children with cancer. 3. Comprehensive children's cancer biorepositories (a) In general Section 417E of the Public Health Service Act ( 42 U.S.C. 285a–11 (1) by redesignating subsections (c) and (d) as subsections (k) and (l), respectively; (2) by striking subsections (a) and (b) and inserting the following: (a) Comprehensive children's cancer biorepositories The Secretary, acting through the Director of NIH, may make an award for a duration of at least 5 years to an entity or entities described in subsection (d) to build upon existing initiatives to collect biospecimens and clinical and demographic information for at least 90 percent of all children, adolescents, and young adults with cancer in 1 or more Comprehensive Children's Cancer Biorepositories to achieve a better understanding of the cause of such cancers and the effects of treatments for such cancers. (b) Use of funds Amounts received under the award under subsection (a) may be used to carry out the following: (1) Prospectively acquire, preserve, and store high quality, donated biospecimens and associated clinical and demographic information on children, adolescents, and young adults diagnosed with cancer in the United States. (2) Maintain a secure searchable database on stored biospecimens and associated clinical and demographic data from children, adolescents, and young adults with cancer for the conduct of research by scientists and qualified health care professionals. (3) Establish procedures for evaluating applications for access to such biospecimens and clinical and demographic data from researchers and other qualified health care professionals. (4) Make available and distribute biospecimens and clinical and demographic data from children, adolescents, and young adults with cancer to researchers and qualified health care professionals for peer-reviewed research at a minimal cost. (c) No requirement No child, adolescent, or young adult with cancer shall be required to contribute a specimen to a Biorepository or share clinical or demographic data. (d) Application; considerations (1) Application To be eligible to receive an award under subsection (a) an entity shall submit an application to the Secretary at such a time, in such a manner, and containing such information as the Secretary may reasonably require. (2) Considerations In evaluating the applications in paragraph (1), the Secretary shall consider the existing infrastructure of the entity that would allow for the timely capture of biospecimens and related clinical and demographic information for children, adolescents, and young adults with cancer. (e) Privacy protections; consent (1) In general The Secretary may not make an award under subsection (a) to an entity unless the Secretary ensures that such entity— (A) collects biospecimens and associated clinical and demographic information from children with appropriate permission from parents or legal guardians in accordance with Federal and State law; and (B) adheres to strict confidentiality to protect the identity and privacy of patients in accordance with Federal and State law. (2) Consent The Secretary shall establish an appropriate process for achieving consent from the patient, parent, or legal guardian. (f) Single point of access; standard data; guidelines and oversight (1) Single point of access The Secretary shall ensure that a Biorepository established under subsection (a) has electronically searchable data for use by researchers and other qualified health care professionals in the manner and to the extent defined by the Secretary. (2) Standard data The Secretary shall require all recipients of an award under this section to make available a standard dataset for the purposes of paragraph (1) in a standard electronic format that enables researchers and qualified health care professionals to search. (3) Guidelines and oversight The Secretary shall develop and disseminate appropriate guidelines for the development and maintenance of the biorepositories authorized under this section, including appropriate oversight. (g) Definitions (1) Award The term award (2) Biospecimen The term biospecimen (A) solid tumor tissue or bone marrow; (B) normal or control tissue; (C) blood/plasma; (D) DNA and RNA extractions; (E) familial DNA; and (F) any other sample required by the Secretary. (3) Clinical and demographic information The term clinical and demographic information (A) date of diagnosis; (B) age at diagnosis; (C) patient’s gender, race and ethnicity; (D) extent of disease at enrollment; (E) site of metastases; (F) location of primary tumor coded; (G) histologic diagnosis; (H) tumor marker data when available; (I) treatment and outcome data; (J) information related to specimen quality; and (K) any other information required by the Secretary. (h) Coordination The Secretary shall ensure that clinical and demographic information collected in accordance with this section is collected in coordination with the information collected under section 399E–1. (i) Prohibition on use of funds Funds made available under this section shall not be used to acquire, preserve, or maintain a biospecimen collected from a patient if such activity is already covered by funds available from the National Cancer Institute for such purpose. (j) Report Not later than 4 years after the date of enactment of the Caroline Pryce Walker Conquer Childhood Cancer Reauthorization Act (1) the number of biospecimens and corresponding clinical demographic data collected through the Comprehensive Children’s Cancer Biorepositories established under subsection (a); (2) the number of biospecimens and corresponding clinical demographic data requested for use by researchers; (3) any barriers to the collection of biospecimens and corresponding clinical demographic data; (4) any barriers experienced by researchers or health care professionals in accessing the biospecimens and corresponding clinical demographic data necessary for use in research; and (5) any recommendations with respect to improving the Comprehensive Children’s Cancer Biorepository program under this section. ; and (3) in subsection (l), as so redesignated, by striking the first sentence and inserting the following: For purposes of carrying out this section and section 399E–1, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2014 through 2018. (b) Improving Childhood Cancer Surveillance Section 399E–1 of the Public Health Service Act ( 42 U.S.C. 280e–3a (1) by redesignating subsection (b) as subsection (d); and (2) by striking subsection (a) and inserting the following: (a) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall award grants to State cancer registries to enhance and expand infrastructure to track the epidemiology of cancer in children, adolescents, and young adults. Such registries shall be updated to include each occurrence of such cancers within a period of time designated by the Secretary. (b) Activities The grants described in subsection (a) may be used for— (1) identifying, recruiting, and training all potential sources for reporting childhood, adolescent, and young adult cancer cases; (2) developing procedures to implement early inclusion of childhood, adolescent, and young adult cancer cases on State cancer registries through the use of electronic reporting; (3) purchasing infrastructure to support the early inclusion of childhood, adolescent, and young adult cancer cases on such registries; (4) submitting deidentified data to the Centers for Disease Control and Prevention for inclusion in a national database of childhood, adolescent, and young adult cancers; and (5) tracking the late effects of childhood, adolescent, and young adult cancers. (c) Coordination The Secretary shall ensure that information collected through State cancer registries under this section is collected in coordination with clinical and demographic information collected under section 417E. . 4. Report to improve development of new drugs and biologic products to treat childhood cancers (a) In general Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall report to Congress on barriers to studying oncologic therapies in pediatric populations under section 505B of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355c (b) Content The report under subsection (a) shall include— (1) an assessment of the feasibility of requiring studies for a pediatric oncologic indication under section 505B of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355c (2) recommendations to overcome any barriers identified in the report on how to improve research, development and access to new oncologic therapies for use in pediatric patients; and (3) an assessment of the potential impact of altering the exemption under subsection (k) of such section 505B. (c) Stakeholder Input The report under subsection (a) shall be developed with input from relevant stakeholders.

Caroline Pryce Walker Conquer Childhood Cancer Reauthorization Act

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Upper Missisquoi and Trout Wild and Scenic Rivers Act - Amends the Wild and Scenic Rivers Act to designate two segments of the Missisquoi River and one segment of the Trout River in Vermont as components of the National Wild and Scenic Rivers System to be administered by the Secretary of the Interior as a recreational river. Requires the river segments designated by this Act to be managed in accordance with the Upper Missisquoi and Trout Rivers Management Plan. Requires the Secretary to coordinate the management responsibilities with the Upper Missisquoi and Trout Rivers Wild and Scenic Committee. Authorizes the Secretary to enter into cooperative agreements for the protection, preservation, and enhancement of the river segments with: (1) the state of Vermont; (2) specific municipalities; and (3) local, regional, statewide, or multistate planning, environmental, or recreational organizations. States that the designation of the river segments does not: (1) preclude the Federal Energy Regulatory Commission (FERC) from licensing, relicensing, or otherwise authorizing the operation of specified hydroelectric projects; or (2) limit the modernization, upgrades, or other changes to the projects. Prohibits resource protection, mitigation, or enhancement measures required by FERC hydropower proceedings from being considered project works under this Act. Permits such measures within the segments. Considers zoning ordinances adopted by specific towns as satisfying provisions in the Wild and Scenic Rivers Act that prohibit the Secretary from acquiring lands by condemnation within a designated Wild and Scenic River boundary when certain local zoning ordinances are in place. Limits the authority of the Secretary to acquire lands under this Act to acquisition by donation or with the owner's consent. Bars the Missisquoi and Trout Rivers from being administered as part of the National Park System. Directs the Secretary, upon determining that there is adequate local support for the designation of an additional segment in Vermont, to publish a notice of the designation in the Federal Register, designate the additional segment, and administer the additional segment as a recreational river.

To amend the Wild and Scenic Rivers Act to designate segments of the Missisquoi River and the Trout River in the State of Vermont, as components of the National Wild and Scenic Rivers System. 1. Short title This Act may be cited as the Upper Missisquoi and Trout Wild and Scenic Rivers Act 2. Designation of Wild and Scenic River Segments Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) (208) Missisquoi River and Trout River, Vermont The following segments in the State of Vermont, to be administered by the Secretary of the Interior as a recreational river: (A) The 20.5-mile segment of the Missisquoi River from the Lowell/Westfield town line to the Canadian border in North Troy, excluding the property and project boundary of the Troy and North Troy hydroelectric facilities. (B) The 14.6-mile segment of the Missisquoi River from the Canadian border in Richford to the upstream project boundary of the Enosburg Falls hydroelectric facility in Sampsonville. (C) The 11-mile segment of the Trout River from the confluence of the Jay and Wade Brooks in Montgomery to where the Trout River joins the Missisquoi River in East Berkshire. . 3. Management (a) Management (1) In general The river segments designated by paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) (A) the Upper Missisquoi and Trout Rivers Management Plan developed during the study described in section 5(b)(19) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)(19)) (referred to in this section as the management plan (B) such amendments to the management plan as the Secretary determines are consistent with this Act and as are approved by the Upper Missisquoi and Trout Rivers Wild and Scenic Committee (referred to in this section as the Committee (2) Comprehensive management plan The management plan, as finalized in March 2013, and as amended, shall be considered to satisfy the requirements for a comprehensive management plan pursuant to section 3(d) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(d) (b) Committee The Secretary shall coordinate management responsibility of the Secretary of the Interior under this Act with the Committee, as specified in the management plan. (c) Cooperative agreements (1) In general In order to provide for the long-term protection, preservation, and enhancement of the river segments designated by paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)), the Secretary of the Interior may enter into cooperative agreements pursuant to sections 10(e) and 11(b)(1) ( 16 U.S.C. 1281(e) (A) the State of Vermont; (B) the municipalities of Berkshire, Enosburg Falls, Enosburgh, Montgomery, North Troy, Richford, Troy, and Westfield; and (C) appropriate local, regional, statewide, or multi-state planning, environmental, or recreational organizations. (2) Consistency Each cooperative agreement entered into under this section shall be consistent with the management plan and may include provisions for financial or other assistance from the United States. (d) Effect on existing Hydroelectric Facilities (1) In general The designation of the river segments by paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) (A) preclude the Federal Energy Regulatory Commission from licensing, relicensing, or otherwise authorizing the operation or continued operation of the Troy Hydroelectric, North Troy, or Enosburg Falls hydroelectric project under the terms of licenses or exemptions in effect on the date of enactment of this Act; or (B) limit modernization, upgrade, or other changes to the projects described in paragraph (1) subject to written determination by the Secretary of the Interior that the changes are consistent with the purposes of the designation. (2) Hydropower proceedings Resource protection, mitigation, or enhancement measures required by Federal Energy Regulatory Commission hydropower proceedings— (A) shall not be considered to be project works for purposes of this Act; and (B) may be located within the river segments designated by paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) (e) Land management (1) Zoning ordinances For the purpose of the segments designated in paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)), the zoning ordinances adopted by the towns of Berkshire, Enosburg Falls, Enosburgh, Montgomery, North Troy, Richford, Troy, and Westfield in the State of Vermont, including provisions for conservation of floodplains, wetlands, and watercourses associated with the segments, shall be considered to satisfy the standards and requirements of section 6(c) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1277(c) (2) Acquisitions of land The authority of the Secretary to acquire land for the purposes of the segments designated in paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) (A) limited to acquisition by donation or acquisition with the consent of the owner of the land; and (B) subject to the additional criteria set forth in the management plan. (f) Relation to national park system Notwithstanding section 10(c) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1281(c) (g) Designation of Additional Segment (1) Definition of Additional Segment In this subsection, the term “additional segment” means the 3.8-mile segment of the Missisquoi River extending from the confluence of the Burgess Branch and East Branch of the Missisquoi River in Lowell to the Lowell/Westfield town line. (2) Findings Congress finds that the additional segment is eligible and suitable for designation as a recreational river if the Secretary of the Interior determines that there is adequate local support for the designation in accordance with paragraph (4). (3) Designation and administration If the Secretary of the Interior determines that there is adequate local support for the designation of the additional segment in accordance with paragraph (4)— (A) the Secretary shall publish in the Federal Register notice of the designation of the additional segment; (B) the additional segment shall be designated as a recreational river in accordance with the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq. (C) the Secretary shall administer the additional segment as a recreational river. (4) Determination of local support The Secretary of the Interior shall determine that there is adequate local support for the designation of the additional segment as a recreational river if the legal voters of the town of Lowell, Vermont express by a majority vote a desire for the designation. May 22, 2014 Reported without amendment

Upper Missisquoi and Trout Wild and Scenic Rivers Act

Lower Farmington River and Salmon Brook Wild and Scenic River Act - Amends the Wild and Scenic Rivers Act to designate specified segments of the Lower Farmington River and Salmon Brook in Connecticut as components of the National Wild and Scenic Rivers System. Requires the Secretary of the Interior to manage: (1) the river segments in accordance with the Lower Farmington River and Salmon Brook Management Plan, dated June 2011; and (2) coordinate the management responsibilities of the Secretary under this Act relating to such segments with the Lower Farmington River and Salmon Brook Wild and Scenic Committee. Makes the provisions of the Wild and Scenic Rivers Act prohibiting federal acquisition of lands by condemnation applicable to the designated segments. Limits the authority of the Secretary to acquire lands for the purposes of such segments to acquisition by donation or with the owner's consent and subject to additional management plan criteria. Prohibits the designation made by this Act from being construed as: (1) prohibiting, pre-empting, or abridging the potential future licensing or re-licensing of the Rainbow Dam and Reservoir (including any and all aspects of its facilities, operations, and transmission lines) by the Federal Energy Regulatory Commission (FERC) as a federally licensed hydroelectric generation project; or (2) affecting the operation of, or imposing any flow or release requirements on, the unlicensed hydroelectric facility at the Dam and Reservoir. Bars the Lower Farmington River from being administered as part of the National Park System or being subject to System regulations. Revises the description of a specified designated segment of the Farmington River in Connecticut.

To amend the Wild and Scenic Rivers Act to designate certain segments of the Farmington River and Salmon Brook in the State of Connecticut as components of the National Wild and Scenic Rivers System, and for other purposes. 1. Short title This Act may be cited as the Lower Farmington River and Salmon Brook Wild and Scenic River Act 2. Findings The Congress finds that— (1) the Lower Farmington River and Salmon Brook Study Act of 2005 ( Public Law 109–370 16 U.S.C. 1277(a)(156) (2) the studied segments of the Lower Farmington River and Salmon Brook support natural, cultural, and recreational resources of exceptional significance to the citizens of Connecticut and the Nation; (3) concurrently with the preparation of the study, the Lower Farmington River and Salmon Brook Wild and Scenic Study Committee prepared the Lower Farmington River and Salmon Brook Management Plan, June 2011, that establishes objectives, standards, and action programs that will ensure the long-term protection of the outstanding values of the river segments without Federal management of affected lands not owned by the United States; (4) the Lower Farmington River and Salmon Brook Wild and Scenic Study Committee has voted in favor of Wild and Scenic River designation for the river segments, and has included this recommendation as an integral part of the management plan; (5) there is strong local support for the protection of the Lower Farmington River and Salmon Brook, including votes of support for Wild and Scenic designation from the governing bodies of all ten communities abutting the study area; (6) the State of Connecticut General Assembly has endorsed the designation of the Lower Farmington River and Salmon Brook as components of the National Wild and Scenic Rivers System (Public Act 08–37); and (7) the Rainbow Dam and Reservoir are located entirely outside of the river segment designated by section 3 of this Act, and, based on the findings of the study of the Lower Farmington River pursuant to Public Law 109–370 3. Designation Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) (208) Lower farmington river and salmon brook, Connecticut Segments of the main stem and its tributary, Salmon Brook, totaling approximately 62 miles, to be administered by the Secretary of the Interior as follows: (A) The approximately 27.2-mile segment of the Farmington River beginning 0.2 miles below the tailrace of the Lower Collinsville Dam and extending to the site of the Spoonville Dam in Bloomfield and East Granby as a recreational river. (B) The approximately 8.1-mile segment of the Farmington River extending from 0.5 miles below the Rainbow Dam to the confluence with the Connecticut River in Windsor as a recreational river. (C) The approximately 2.4-mile segment of the main stem of Salmon Brook extending from the confluence of the East and West Branches to the confluence with the Farmington River as a recreational river. (D) The approximately 12.6-mile segment of the West Branch of Salmon Brook extending from its headwaters in Hartland, Connecticut to its confluence with the East Branch of Salmon Brook as a recreational river. (E) The approximately 11.4-mile segment of the East Branch of Salmon Brook extending from the Massachusetts-Connecticut State line to the confluence with the West Branch of Salmon Brook as a recreational river. . 4. Management (a) In general The river segments designated by section 3 shall be managed in accordance with the management plan and such amendments to the management plan as the Secretary determines are consistent with this Act. The management plan shall be deemed to satisfy the requirements for a comprehensive management plan pursuant to section 3(d) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(d) (b) Committee The Secretary shall coordinate the management responsibilities of the Secretary under this Act with the Lower Farmington River and Salmon Brook Wild and Scenic Committee, as specified in the management plan. (c) Cooperative agreements (1) In general In order to provide for the long-term protection, preservation, and enhancement of the river segment designated by section 3 of this Act, the Secretary is authorized to enter into cooperative agreements pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act with— (A) the State of Connecticut; (B) the towns of Avon, Bloomfield, Burlington, East Granby, Farmington, Granby, Hartland, Simsbury, and Windsor in Connecticut; and (C) appropriate local planning and environmental organizations. (2) Consistency All cooperative agreements provided for under this Act shall be consistent with the management plan and may include provisions for financial or other assistance from the United States. (d) Land management (1) Zoning ordinances For the purposes of the segments designated in section 3, the zoning ordinances adopted by the towns in Avon, Bloomfield, Burlington, East Granby, Farmington, Granby, Hartland, Simsbury, and Windsor in Connecticut, including provisions for conservation of floodplains, wetlands and watercourses associated with the segments, shall be deemed to satisfy the standards and requirements of section 6(c) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1277(c) (2) Acquisition of land The provisions of section 6(c) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1277(c) (e) Rainbow Dam The designation made by section 3 shall not be construed to— (1) prohibit, pre-empt, or abridge the potential future licensing of the Rainbow Dam and Reservoir (including any and all aspects of its facilities, operations and transmission lines) by the Federal Energy Regulatory Commission as a federally licensed hydroelectric generation project under the Federal Power Act; or (2) affect the operation of, or impose any flow or release requirements on, the unlicensed hydroelectric facility at Rainbow Dam and Reservoir. (f) Relation to National Park System Notwithstanding section 10(c) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1281(c) 5. Farmington River, Connecticut, designation revision Section 3(a)(156) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) (1) by striking 14-mile 15.1-mile (2) by striking to the downstream end of the New Hartford-Canton, Connecticut town line to the confluence with the Nepaug River 6. Definitions For the purposes of this Act: (1) Management plan The term management plan (2) Secretary The term Secretary

Lower Farmington River and Salmon Brook Wild and Scenic River Act

(This measure has not been amended since it was reported to the House on June 5, 2014. The summary of that version is repeated here.) Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2014 - Reauthorizes, revises, and expands the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998. (Sec. 3) Requires the Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia to have a representative from the Centers for Disease Control and Prevention (CDC). (Sec. 4) Requires the Under Secretary of Commerce for Oceans and Atmosphere, acting through the Task Force, to: (1) maintain, enhance, and periodically review a national harmful algal bloom and hypoxia program; and (2) develop and submit to Congress a comprehensive research plan and action strategy to address marine and freshwater harmful algal blooms and hypoxia (a condition where low dissolved oxygen in aquatic systems causes stress or death to organisms). Expands the Task Force's functions, including: (1) expediting and coordinating the interagency review process by ensuring timely review and dispersal of required reports and assessments; and (2) promoting the development of new technologies for predicting, monitoring, and mitigating harmful algal bloom and hypoxia conditions. Gives the National Oceanic and Atmospheric Administration (NOAA) the primary responsibility for administering the Program. Establishes the Under Secretary's duties in administering the program, including the following: preparing work and spending plans; administering grant funding; coordinating with and working with regional, state, and tribal and local government agencies; coordinating with the Secretary of State to support international efforts; identifying additional research, development, and demonstration needs; coordinating and augmenting education programs; providing resources to train state and local coastal and water resource managers; and supporting regional efforts to control and mitigate outbreaks. Requires the Under Secretary to carry out marine and Great Lakes harmful algal bloom and hypoxia events response activities. Requires the Administrator of the Environmental Protection Agency (EPA) to: (1) research the ecology and impacts of freshwater harmful algal blooms; (2) forecast and monitor event response to freshwater harmful algal blooms in lakes, rivers, estuaries, and reservoirs; and (3) ensure that activities carried under this Act focus on new approaches to addressing freshwater harmful algal blooms and are not duplicative of existing research and development programs authorized by this Act or any other law. (Sec. 7) Requires the Administrator, through the Mississippi River/Gulf of Mexico Watershed Nutrient Task Force, to report to appropriate congressional committees and the President on the progress made by activities directed by the Task Force and carried out or funded by the EPA and other state and federal partners toward attainment of the goals of the Gulf Hypoxia Action Plan 2008 within 12 months after this Act's enactment and biennially thereafter. (Sec. 8) Requires the Task Force to: (1) submit within 18 months to Congress and the President an integrated assessment that examines the causes, consequences, and approaches to reduce hypoxia and harmful algal blooms in the Great Lakes; and (2) develop and submit to Congress a plan, based on the assessment, for reducing, mitigating, and controlling hypoxia and harmful algal blooms.

To amend the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998, and for other purposes. 1. Short title This Act may be cited as the Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2014 2. References to the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 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 Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 ( 16 U.S.C. 1451 3. Inter-Agency task force on harmful algal blooms and hypoxia Section 603(a) is amended— (1) by striking the following representatives from a representative from (2) in paragraph (11), by striking and (3) by redesignating paragraph (12) as paragraph (13); (4) by inserting after paragraph (11) the following: (12) the Centers for Disease Control and Prevention; and ; and (5) in paragraph (13), as redesignated, by striking such 4. National harmful algal bloom and hypoxia program The Act is amended by inserting after section 603 the following: 603A. National harmful algal bloom and hypoxia program (a) Establishment Not later than 1 year after the date of enactment of the Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2014 (1) a statement of objectives, including understanding, detecting, predicting, controlling, mitigating, and responding to marine and freshwater harmful algal bloom and hypoxia events; and (2) the comprehensive research plan and action strategy under section 603B. (b) Periodic revision The Task Force shall periodically review and revise the Program, as necessary. (c) Task force functions The Task Force shall— (1) coordinate interagency review of the objectives and activities of the Program; (2) expedite the interagency review process by ensuring timely review and dispersal of required reports and assessments under this title; (3) support the implementation of the Action Strategy, including the coordination and integration of the research of all Federal programs, including ocean and Great Lakes science and management programs and centers, that address the chemical, biological, and physical components of marine and freshwater harmful algal blooms and hypoxia; (4) support the development of institutional mechanisms and financial instruments to further the objectives and activities of the Program; (5) review the Program’s distribution of Federal funding to address the objectives and activities of the Program; (6) promote the development of new technologies for predicting, monitoring, and mitigating harmful algal bloom and hypoxia conditions; and (7) establish such interagency working groups as it considers necessary. (d) Lead Federal agency Except as provided in subsection (h), the National Oceanic and Atmospheric Administration shall have primary responsibility for administering the Program. (e) Program duties In administering the Program, the Under Secretary shall— (1) promote the Program; (2) prepare work and spending plans for implementing the research and activities identified under the Action Strategy; (3) administer peer-reviewed, merit-based, competitive grant funding— (A) to maintain and enhance baseline monitoring programs established by the Program; (B) to support the projects maintained and established by the Program; and (C) to address the research and management needs and priorities identified in the Action Strategy; (4) coordinate with and work cooperatively with regional, State, tribal, and local government agencies and programs that address marine and freshwater harmful algal blooms and hypoxia; (5) coordinate with the Secretary of State to support international efforts on marine and freshwater harmful algal bloom and hypoxia information sharing, research, prediction, mitigation, control, and response activities; (6) identify additional research, development, and demonstration needs and priorities relating to monitoring, prevention, control, mitigation, and response to marine and freshwater harmful algal blooms and hypoxia, including methods and technologies to protect the ecosystems affected by marine and freshwater harmful algal blooms and hypoxia; (7) integrate, coordinate, and augment existing education programs to improve public understanding and awareness of the causes, impacts, and mitigation efforts for marine and freshwater harmful algal blooms and hypoxia; (8) facilitate and provide resources to train State and local coastal and water resource managers in the methods and technologies for monitoring, preventing, controlling, and mitigating marine and freshwater harmful algal blooms and hypoxia; (9) support regional efforts to control and mitigate outbreaks through— (A) communication of the contents of the Action Strategy and maintenance of online data portals for other information about harmful algal blooms and hypoxia to State, tribal, and local stakeholders; and (B) overseeing the development, review, and periodic updating of the Action Strategy; (10) convene at least 1 meeting of the Task Force each year; and (11) perform such other tasks as may be delegated by the Task Force. (f) National Oceanic and Atmospheric Administration activities The Under Secretary shall— (1) maintain and enhance the existing competitive programs at the National Oceanic and Atmospheric Administration relating to harmful algal blooms and hypoxia; (2) carry out marine and Great Lakes harmful algal bloom and hypoxia events response activities; (3) develop and enhance, including with respect to infrastructure as necessary, critical observations, monitoring, modeling, data management, information dissemination, and operational forecasts relevant to harmful algal blooms and hypoxia events; (4) enhance communication and coordination among Federal agencies carrying out marine and freshwater harmful algal bloom and hypoxia activities and research; (5) to the greatest extent practicable, leverage existing resources and expertise available from local research universities and institutions; and (6) increase the availability to appropriate public and private entities of— (A) analytical facilities and technologies; (B) operational forecasts; and (C) reference and research materials. (g) Cooperative efforts The Under Secretary shall work cooperatively and avoid duplication of effort with other offices, centers, and programs within the National Oceanic and Atmospheric Administration, other agencies on the Task Force, and States, tribes, and nongovernmental organizations concerned with marine and freshwater issues to coordinate harmful algal bloom and hypoxia (and related) activities and research. (h) Freshwater With respect to the freshwater aspects of the Program, the Administrator, through the Task Force, shall carry out the duties otherwise assigned to the Under Secretary under this section, except the activities described in subsection (f). (1) Participation The Administrator's participation under this section shall include— (A) research on the ecology and impacts of freshwater harmful algal blooms; and (B) forecasting and monitoring of and event response to freshwater harmful algal blooms in lakes, rivers, estuaries (including their tributaries), and reservoirs. (2) Nonduplication The Administrator shall ensure that activities carried out under this title focus on new approaches to addressing freshwater harmful algal blooms and are not duplicative of existing research and development programs authorized by this title or any other law. (i) Integrated coastal and ocean observation system The collection of monitoring and observation data under this title shall comply with all data standards and protocols developed pursuant to the Integrated Coastal and Ocean Observation System Act of 2009 ( 33 U.S.C. 3601 et seq. . 5. Comprehensive Research Plan and Action Strategy The Act, as amended by section 4 of this Act, is further amended by inserting after section 603A the following: 603B. Comprehensive Research Plan and Action Strategy (a) In general Not later than 1 year after the date of enactment of the Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2014 (1) the specific activities to be carried out by the Program and the timeline for carrying out those activities; (2) the roles and responsibilities of each Federal agency in the Task Force in carrying out the activities under paragraph (1); and (3) the appropriate regions and subregions requiring specific research and activities to address harmful algal blooms and hypoxia. (b) Regional focus The regional and subregional parts of the Action Strategy shall identify— (1) regional priorities for ecological, economic, and social research on issues related to the impacts of harmful algal blooms and hypoxia; (2) research, development, and demonstration activities needed to develop and advance technologies and techniques for minimizing the occurrence of harmful algal blooms and hypoxia and improving capabilities to detect, predict, monitor, control, mitigate, respond to, and remediate harmful algal blooms and hypoxia; (3) ways to reduce the duration and intensity of harmful algal blooms and hypoxia, including deployment of response technologies in a timely manner; (4) research and methods to address human health dimensions of harmful algal blooms and hypoxia; (5) mechanisms, including the potential costs and benefits of those mechanisms, to protect ecosystems that may be or have been affected by harmful algal bloom and hypoxia events; (6) mechanisms by which data, information, and products may be transferred between the Program and the State, tribal, and local governments and research entities; (7) communication and information dissemination methods that State, tribal, and local governments may undertake to educate and inform the public concerning harmful algal blooms and hypoxia; and (8) roles that Federal agencies may have to assist in the implementation of the Action Strategy, including efforts to support local and regional scientific assessments under section 603(e). (c) Utilizing available studies and information In developing the Action Strategy, the Under Secretary shall utilize existing research, assessments, reports, and program activities, including— (1) those carried out under existing law; and (2) other relevant peer-reviewed and published sources. (d) Development of the Action Strategy In developing the Action Strategy, the Under Secretary shall, as appropriate— (1) coordinate with— (A) State coastal management and planning officials; (B) tribal resource management officials; and (C) water management and watershed officials from both coastal States and noncoastal States with water sources that drain into water bodies affected by harmful algal blooms and hypoxia; and (2) consult with— (A) public health officials; (B) emergency management officials; (C) science and technology development institutions; (D) economists; (E) industries and businesses affected by marine and freshwater harmful algal blooms and hypoxia; (F) scientists with expertise concerning harmful algal blooms or hypoxia from academic or research institutions; and (G) other stakeholders. (e) Federal Register The Under Secretary shall publish the Action Strategy in the Federal Register. (f) Periodic revision The Under Secretary, in coordination and consultation with the individuals and entities under subsection (d), shall periodically review and revise the Action Strategy prepared under this section, as necessary. . 6. Reporting Section 603 is amended by adding at the end the following: (j) Report Not later than 2 years after the date the Action Strategy is submitted under section 603B, the Under Secretary shall submit a report to Congress that describes— (1) the proceedings of the annual Task Force meetings; (2) the activities carried out under the Program, including the regional and subregional parts of the Action Strategy; (3) the budget related to the activities under paragraph (2); (4) the progress made on implementing the Action Strategy; and (5) any need to revise or terminate research and activities under the Program. . 7. Northern Gulf of Mexico hypoxia Section 604 is amended to read as follows: 604. Northern Gulf of Mexico hypoxia (a) Initial progress reports Beginning not later than 12 months after the date of enactment of the Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2014 (b) Contents Each report required under this section shall— (1) assess the progress made toward nutrient load reductions, the response of the hypoxic zone and water quality throughout the Mississippi/Atchafalaya River Basin, and the economic and social effects; (2) evaluate lessons learned; and (3) recommend appropriate actions to continue to implement or, if necessary, revise the strategy set forth in the Gulf Hypoxia Action Plan 2008. . 8. Great Lakes hypoxia and harmful algal blooms Section 605 is amended to read as follows: 605. Great Lakes hypoxia and harmful algal blooms (a) Integrated assessment Not later than 18 months after the date of enactment of the Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2014 (1) Federal agencies; (2) State agencies; (3) regional research consortia; (4) academia; (5) private industry; and (6) nongovernmental organizations. (b) Plan (1) In general Not later than 2 years after the date of enactment of the Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2014 (2) Contents The plan shall— (A) address the monitoring needs identified in the integrated assessment under subsection (a); (B) develop a timeline and budgetary requirements for deployment of future assets; (C) identify requirements for the development and verification of Great Lakes hypoxia and harmful algal bloom models, including— (i) all assumptions built into the models; and (ii) data quality methods used to ensure the best available data are utilized; and (D) describe efforts to improve the assessment of the impacts of hypoxia and harmful algal blooms by— (i) characterizing current and past biological conditions in ecosystems affected by hypoxia and harmful algal blooms; and (ii) quantifying effects, including economic effects, at the population and community levels. (3) Requirements In developing the plan, the Task Force shall— (A) coordinate with State and local governments; (B) consult with representatives from academic, agricultural, industry, and other stakeholder groups, including relevant Canadian agencies; (C) ensure that the plan complements and does not duplicate activities conducted by other Federal or State agencies; (D) identify critical research for reducing, mitigating, and controlling hypoxia events and their effects; (E) evaluate cost-effective, incentive-based partnership approaches; (F) ensure that the plan is technically sound and cost effective; (G) utilize existing research, assessments, reports, and program activities; (H) publish a summary of the proposed plan in the Federal Register at least 180 days prior to submitting the completed plan to Congress; and (I) after submitting the completed plan to Congress, provide biennial progress reports on the activities toward achieving the objectives of the plan. . 9. Application with other laws The Act is amended by adding after section 606 the following: 607. Effect on other Federal authority (a) Authority preserved Nothing in this title supersedes or limits the authority of any agency to carry out its responsibilities and missions under other laws. (b) Regulatory authority Nothing in this title may be construed as establishing new regulatory authority for any agency. . 10. Definitions; Conforming amendment (a) In general The Act, as amended by section 9 of this Act, is further amended by adding after section 607 the following: 608. Definitions In this title: (1) Action Strategy The term Action Strategy (2) Administrator The term Administrator (3) Harmful algal bloom The term harmful algal bloom (4) Hypoxia The term hypoxia (5) Program The term Program (6) State The term State (7) Task Force The term Task Force (8) Under Secretary The term Under Secretary (9) United States coastal waters The term United States coastal waters . (b) Conforming amendment Section 603(a) is amended by striking (hereinafter referred to as the ‘Task Force’) 11. Authorization of appropriations The Act is further amended by adding after section 608 the following: 609. Authorization of appropriations (a) In general There is authorized to be appropriated to the Under Secretary to carry out sections 603A and 603B $20,500,000 for each of fiscal years 2014 through 2018. (b) Extramural research activities The Under Secretary shall ensure that a substantial portion of funds appropriated pursuant to subsection (a) that are used for research purposes are allocated to extramural research activities. For each fiscal year, the Under Secretary shall publish a list of all grant recipients and the amounts for all of the funds allocated for research purposes, specifying those allocated for extramural research activities. . June 5, 2014 Reported from the Committee on Science, Space, and Technology June 5, 2014 The Committee on Natural Resources

Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2014

Veterans Travel Tax Relief Act of 2013 - Amends the Internal Revenue Code to allow veterans a deduction&nbsp;from gross income, up to $400 a year,&nbsp;for their travel expenses, including those of a family member, to a Department of Veterans Affairs medical center for treatment related to a service-connected disability or for an examination related to a claim for disability compensation or a pension.

To amend the Internal Revenue Code of 1986 to provide for a deduction for travel expenses to medical centers of the Department of Veterans Affairs in connection with examinations or treatments relating to service-connected disabilities. 1. Short title This Act may be cited as the Veterans Travel Tax Relief Act of 2013 2. Deduction for travel expenses of veterans for health care from medical centers of the Department of Veterans Affairs (a) In general Part VII of subchapter B of chapter I of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225, and by inserting after section 223 the following new section: 224. Travel expenses of veterans for health care at medical centers of the Department of Veterans Affairs (a) Allowance of Deduction In the case of an individual, there shall be allowed as a deduction the qualified travel expenses for the taxable year. (b) Limitations (1) Dollar limitation The amount allowed as a deduction under subsection (a) for a taxable year shall not exceed $400. (2) Limitation based on adjusted gross income The amount allowable as a deduction under subsection (a) shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so allowable (determined without regard to this paragraph but with regard to paragraph (1)) as— (A) the amount (if any) by which the taxpayer’s adjusted gross income exceeds $75,000 ($150,000 in the case of a joint return), bears to (B) $10,000 ($20,000 in the case of a joint return). (3) Adjustments for inflation In the case of a taxable year beginning after 2013, each of the dollar amounts in paragraph (2) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2012 calendar year 1992 If any amount as increased under the preceding sentence is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. (c) Qualified travel expenses For purposes of this section— (1) In general The term qualified travel expenses (A) treatment relating to a service-connected disability, or (B) examination conducted by the Secretary of Veterans Affairs relating to a claim for disability compensation or pension under the laws administered by the Secretary of Veterans Affairs. (2) Reimbursements by Department of Veterans Affairs The term qualified travel expenses (3) Limitation Travel expenses incurred by a veteran shall not be taken into account under paragraph (1) unless— (A) the principal place of abode of the veteran is more than 25 miles from the medical center in which the treatment is provided or examination conducted, and (B) such medical center is the nearest medical center of the Department of Veterans Affairs to such place of abode. (4) Travel expenses The term travel expenses (d) Other definitions For purposes of this section— (1) Veteran The term veteran section 101(2) (2) Service-connected disability The term service-connected disability (3) Family member The members of an individual’s family shall be determined under section 4946(d); except that such members also shall include the brothers and sisters (whether by the whole or half blood) of the individual and their spouses. . (b) Deduction allowed whether or not taxpayer itemizes other deductions Subsection (a) of section 62 of such Code (defining adjusted gross income) is amended by inserting before the last sentence the following new paragraph: (22) Travel expenses of veterans for health care at medical centers of the Department of Veterans Affairs The deduction allowed by section 224. . (c) Clerical Amendments The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 224 and inserting the following: Sec. 224. Travel expenses of veterans for health care at medical centers of the Department of Veterans Affairs. Sec. 225. Cross reference. . (d) Effective Date The amendments made by this section shall apply to taxable years beginning after December 31, 2012.

Veterans Travel Tax Relief Act of 2013

Preventing Antibiotic Resistance Act of 2013 - Amends the Federal Food, Drug, and Cosmetic Act to require an applicant for approval of a new animal drug that is a medically important antimicrobial to demonstrate that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance attributable to the nontherapeutic use of the drug. Requires the Secretary of Health and Human Services (HHS) to refuse approval if the applicant fails to make such a demonstration. Defines &ldquo;medically important antimicrobial&rdquo; as a drug intended for use in food-producing animals and composed wholly or partly of: (1) any kind of specified antibiotics, including penicillin and tetracycline; or (2) a drug from an antimicrobial class that is listed on the World Health Organization&rsquo;s list of critically important antimicrobials. Requires the Secretary to withdraw approval for the nontherapeutic use in food-producing animals of a medically important antimicrobial marketed for human use unless the Secretary makes a final written determination that, based on either the application holder's demonstration or an HHS risk analysis, there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance attributable to the drug's nontherapeutic use. Requires the Secretary to rescind approval of an exemption for investigational use of, or of approval of a new drug application for, a medically important antimicrobial for its nontherapeutic use in a food-producing animal two years after the exemption is granted or the application for approval is submitted. Exempts from this requirement any drugs for which there has been found a reasonable certainty of no harm to human health. Prohibits the administration of a medically important antimicrobial (including by means of animal feed) to a food-producing animal for nonroutine disease control unless there is a significant risk that a disease or infection present on the premises will be transmitted to the food-producing animal. Requires the administration of the antimicrobial to be: (1) necessary to prevent or reduce the risk of transmission; (2) for the shortest duration possible to prevent or reduce the risk of transmission; and (3) at a scale no greater than the barn, house, or pen level and to the fewest animals possible to prevent or reduce the risk of transmission.

To amend the Federal Food, Drug, and Cosmetic Act to preserve the effectiveness of medically important antimicrobials used in the treatment of human and animal diseases. 1. Short title This Act may be cited as the Preventing Antibiotic Resistance Act of 2013 2. Findings The Congress finds the following: (1) (A) In 1977, the Food and Drug Administration concluded that feeding livestock low doses of antibiotics used in human disease treatment could promote the development of antibiotic-resistance in bacteria. However, the Food and Drug Administration did not act in response to these findings, despite laws requiring the agency to do so. (B) In 2012, the Food and Drug Administration was ordered by a Federal court to address the use of antibiotics in livestock, as the result of a lawsuit filed against the agency citing the agency’s failure to act in response to the 1977 findings. (2) (A) In 1998, the National Academy of Sciences noted that antibiotic-resistant bacteria generate a minimum of $4,000,000,000 to $5,000,000,000 in costs to United States society and individuals yearly. (B) In 2009, Cook County Hospital and the Alliance for Prudent Use of Antibiotics estimated that the total health care cost of antibiotic resistant infections in the United States was between $16,600,000,000 and $26,000,000,000 annually. (3) An April 1999 study by the Government Accountability Office concluded that resistant strains of 3 microorganisms that cause foodborne illness or disease in humans (Salmonella, Campylobacter, and E. coli) are linked to the use of antibiotics in animals. (4) (A) Large-scale, voluntary surveys by the Department of Agriculture’s Animal and Plant Health Inspection Service in 1999, 2001, and 2006 revealed that— (i) 84 percent of grower-finisher swine farms, 83 percent of cattle feedlots, and 84 percent of sheep farms administer antimicrobials in the feed or water for health or growth promotion reasons; and (ii) many of the antimicrobials identified are identical or closely related to drugs used in human medicine, including tetracyclines, macrolides, Bacitracin, penicillins, and sulfonamides. (B) Such drugs are used in people to treat serious diseases such as pneumonia, scarlet fever, rheumatic fever, sexually transmitted infections, skin infections, and even pandemics like malaria and plague, as well as bioterrorism agents such as anthrax. (5) (A) Any overuse or misuse of antibiotics contributes to the spread of antibiotic resistance, whether in human medicine or in agriculture. (B) Recognizing the public health threat caused by antibiotic resistance, Congress took several steps to curb antibiotic overuse in human medicine through amendments to the Public Health Service Act ( 42 U.S.C. 201 et seq. Public Law 106–505 (6) In January 2001, a Federal interagency task force— (A) released an action plan to address the continuing decline in effectiveness of antibiotics against common bacterial infections, referred to as antibiotic resistance; (B) determined that antibiotic resistance is a growing menace to all people and poses a serious threat to public health; and (C) cautioned that if current trends continue, treatments for common infections will become increasingly limited and expensive, and, in some cases, nonexistent. (7) The United States Geological Survey reported in March 2002 that— (A) antibiotics were present in 48 percent of the streams tested nationwide; and (B) almost half of the tested streams were downstream from agricultural operations. (8) The peer-reviewed journal Clinical Infectious Diseases (A) was based on a 2-year review by experts in human and veterinary medicine, public health, microbiology, biostatistics, and risk analysis, of more than 500 scientific studies on the human health impacts of antimicrobial use in agriculture; and (B) recommended that antimicrobial agents should no longer be used in agriculture in the absence of disease, but should be limited to therapy for diseased individual animals and prophylaxis when disease is documented in a herd or flock. (9) In a March 2003 report, the National Academy of Sciences stated that— (A) a decrease in antimicrobial use in human medicine alone will have little effect on the current situation; and (B) substantial efforts must be made to decrease inappropriate overuse in animals and agriculture. (10) The Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. (A) requires that all drugs be shown to be safe before the drugs are approved; and (B) places the burden on manufacturers to account for health consequences and prove safety. (11) (A) In 2003, the Food and Drug Administration modified the drug approval process for antibiotics to recognize the development of resistant bacteria as an important aspect of safety, but most antibiotics currently used in animal production systems for nontherapeutic purposes were approved before the Food and Drug Administration began considering resistance during the drug-approval process. (B) The Food and Drug Administration has not established a schedule for reviewing those existing approvals. (12) (A) In an April 2004 report, the Government Accountability Office— (i) concluded that Federal agencies do not collect the critical data on antibiotic use in animals that they need to support research on human health risks; and (ii) recommended that the Department of Agriculture and the Department of Health and Human Services develop and implement a plan to collect data on antibiotic use in animals. (B) In a September 2011 update to that report, the Government Accountability Office— (i) concluded that Federal agencies had made limited progress in addressing antibiotic use in animals; (ii) recommended that Federal agencies fund research on alternatives to current antibiotic use practices; and (iii) recommended that Federal agencies track the effectiveness of policies that curb antibiotic resistance, including the Food and Drug Administration’s voluntary guidelines reducing antibiotic use in food animals. (13) In 2009, the Congressional Research Service concluded that, without restrictions on the use of antimicrobial drugs in the production of livestock, export markets for livestock and poultry could be negatively impacted due to restrictions on the use of antibiotics in other nations. (14) In 2010, the peer-reviewed journal Molecular Cell (15) In 2010, the Danish Veterinary and Food Administration testified that the Danish ban of the nontherapeutic use of antibiotics in food animal production resulted in a marked reduction in antimicrobial resistance in multiple bacterial species, including Campylobacter and Enterococci. (16) In 2011, the Food and Drug Administration determined that— (A) 13,500,000 kilograms of antibacterial drugs were sold for use on food animals in the United States in 2010; (B) 3,300,000 kilograms of antibacterial drugs were used for human health in 2010; and (C) 80 percent of antibacterial drugs disseminated in the United States in 2010 were sold for use on food animals, rather than being used for human health. (17) In 2011, a review of all scientific studies on antimicrobial use in farm animals, published in Clinical Microbiology Reviews, found that— (A) use of antibiotics in food animals leads to development of reservoirs of antibiotic resistance; (B) a ban on nontherapeutic antibiotic use in food animals would preserve the use of such antibiotics for medicine; and (C) a Danish ban on nontherapeutic antibiotics in food animals resulted in little change in animal morbidity and mortality, and only a modest increase in production cost. (18) In April 2012, the Food and Drug Administration issued voluntary guidance to industry on reducing antibiotic use in livestock and poultry. As part of that guidance, it summarized over 35 years of peer-reviewed scientific literature regarding use of antimicrobial drugs in livestock. As a result, the Food and Drug Administration stated strategies for controlling antibiotic resistance are needed, and are seeking voluntarily limits on antibiotic use. (19) (A) In January 2013, Consumer Reports published test results on pork products bought in grocery stores nationwide showing disturbingly high levels of Salmonella and Yersinia enterocolitica bacteria that were resistant to the antibiotics used to treat foodborne illnesses. A 2003 Consumer Report study showed similar results in poultry products. (B) The Food and Drug Administration’s National Antimicrobial Resistance Monitoring System routinely finds that retail meat products are contaminated with bacteria (including the foodborne pathogens Campylobacter and Salmonella) that are resistant to antibiotics important in human medicine. The 2011 National Antimicrobial Resistance Monitoring System report found that the percentage of meat containing antibiotic resistant bacteria increases each year and that many of these bacteria exhibit multiple antibiotic resistance. (20) Antibiotic resistance, resulting in a reduced number of effective antibiotics, may significantly impair the ability of the United States to respond to terrorist attacks involving bacterial infections or a large influx of hospitalized patients. (21) Many scientific studies confirm that the nontherapeutic use of antibiotics in agricultural animals contribute to the development of antibiotic-resistant bacterial infections in people. (22) Epidemiological research has shown that resistant Salmonella and Campylobacter infections are associated with increased numbers of ill patients and bloodstream infections, and increased death. (23) The American Medical Association, the American Public Health Association, the National Association of County and City Health Officials, and the National Sustainable Agriculture Coalition are among the more than 400 organizations representing health, consumer, agricultural, environmental, humane, and other interests that have supported enactment of legislation to phase out nontherapeutic use in farm animals of medically important antimicrobials. 3. Purpose The purpose of this Act is to preserve the effectiveness of medically important antimicrobials used in the treatment of human and animal diseases. 4. Proof of safety of medically important antimicrobials (a) Applications pending or submitted after enactment Section 512(d)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360b(d)(1) (1) in the first sentence— (A) in subparagraph (H), by striking or (B) in subparagraph (I), by inserting or (C) by inserting after subparagraph (I) the following: (J) with respect to a medically important antimicrobial (as defined in subsection (q)), the applicant has failed to demonstrate that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable, in whole or in part, to the nontherapeutic use (as defined in subsection (q)) of the medically important antimicrobial or drug; ; and (2) in the second sentence, by striking (A) through (I) (A) through (J) (b) Phased elimination of nontherapeutic use in animals of medically important antimicrobials Section 512 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360b (q) Phased elimination of nontherapeutic use in animals of medically important antimicrobials (1) Applicability This subsection applies to the nontherapeutic use in a food-producing animal of a drug— (A) that is a medically important antimicrobial; (B) for which there is in effect an approval of an application or an exemption under subsection (b), (i), or (j) of section 505; or (C) that is otherwise marketed for human use. (2) Withdrawal The Secretary shall withdraw the approval of a nontherapeutic use in food-producing animals of a drug described in paragraph (1) on the date that is 2 years after the date of enactment of this subsection unless— (A) before the date that is 2 years after the date of the enactment of this subsection, the Secretary makes a final written determination that the holder of the approved application has demonstrated that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable in whole or in part to the nontherapeutic use of the drug; or (B) before the date specified in subparagraph (A), the Secretary makes a final written determination under this subsection, with respect to a risk analysis of the drug conducted by the Secretary and other relevant information, that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable in whole or in part to the nontherapeutic use of the drug. (3) Exemptions Except as provided in paragraph (5), if the Secretary grants an exemption under section 505(i) for a drug that is a medically important antimicrobial, the Secretary shall rescind each approval of a nontherapeutic use in a food-producing animal of the medically important antimicrobial, effective on the date that is 2 years after the date on which the Secretary grants the exemption. (4) Approvals Except as provided in paragraph (5), if an application for a drug that is a medically important antimicrobial is submitted to the Secretary under section 505(b), the Secretary shall rescind each approval of a nontherapeutic use in a food-producing animal of the medically important antimicrobial, effective on the date that is 2 years after the date on which the application is submitted to the Secretary. (5) Exceptions Paragraph (3) or (4), as applicable, shall not apply if— (A) before the date on which approval would be rescinded under that paragraph, the Secretary makes a final written determination that the holder of the application for the approved nontherapeutic use has demonstrated that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable in whole or in part to the nontherapeutic use in the food-producing animal of the medically important antimicrobial; or (B) before the date specified in subparagraph (A), the Secretary makes a final written determination, with respect to a risk analysis of the medically important antimicrobial conducted by the Secretary and any other relevant information, that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable in whole or in part to the nontherapeutic use of the medically important antimicrobial. (6) Definitions In this subsection: (A) The term medically important antimicrobial (i) is intended for use in food-producing animals; and (ii) is composed wholly or partly of— (I) any kind of penicillin, tetracycline, macrolide, lincosamide, streptogramin, aminoglycoside, sulfonamide, or cephalosporin; or (II) a drug from an antimicrobial class that is listed as highly important critically important important Critically Important Antimicrobials for Human Medicine (B) The term therapeutic use (C) The term nontherapeutic use (i) means administration of antibiotics to an animal through feed or water (or, in poultry hatcheries, through any means) for purposes (such as growth promotion, feed efficiency, weight gain, or disease prevention) other than therapeutic use or nonroutine disease control; and (ii) includes any repeated or regular pattern of use of medically important antimicrobials for purposes other than therapeutic use or nonroutine disease control. (D) The term noncustomary situation (E) The term nonroutine disease control . 5. Limitations on use of medically important antimicrobials for nonroutine disease control (a) Prohibited acts Section 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 (ccc) The administration of a medically important antimicrobial to a food-producing animal for nonroutine disease control in violation of the requirements of section 512A. . (b) Requirements Chapter V of the Federal Food, Drug, and Cosmetic Act is amended by inserting after section 512 of such Act (21 U.S.C. 360b) the following: 512A. Limitations on use of medically important antimicrobials for nonroutine disease control (a) Prohibition It shall be unlawful to administer (including by means of animal feed) a medically important antimicrobial to a food-producing animal for nonroutine disease control unless— (1) (A) there is a significant risk that a disease or infection present on, or likely present on, the premises will be transmitted to the food-producing animal; (B) the administration of the medically important antimicrobial to the food-producing animal is necessary to prevent or reduce the risk of transmission of the disease or infection described in paragraph (1); (C) the medically important antimicrobial is administered to the food-producing animal for nonroutine disease control for the shortest duration possible to prevent or reduce the risk of transmission of the disease or infection described in paragraph (1) to the animal; and (D) the medically important antimicrobial is administered— (i) at a scale no greater than the barn, house, or pen level; and (ii) to the fewest animals possible to prevent or reduce the risk of transmission of the disease or infection described in paragraph (1); or (2) the Secretary determines that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable in whole or in part to such use of the medically important antimicrobial and such use does not threaten the public health. (b) Definitions In this section: (1) The term food-producing animal (2) The terms medically important antimicrobial nonroutine disease control . (c) Applicability The amendments made by this section apply beginning on the date that is 2 years after the date of the enactment of this Act. 6. Sense of the Senate regarding veterinary oversight of use of medically important antimicrobials (a) In general It is the sense of the Senate that a valid veterinarian-client-patient relationship should exist to ensure that medically important antimicrobials are used in a manner that is consistent with professionally accepted best practices. (b) Veterinarian-Client-Patient relationship In ths section, the term veterinarian-client-patient relationship (1) The veterinarian has assumed the responsibility for making medical judgments regarding the health of the patient and the client has agreed to follow the veterinarian's instructions. (2) The veterinarian has sufficient knowledge of the patient to initiate at least a general or preliminary diagnosis of the medical condition of the patient. This means that the veterinarian is personally acquainted with the keeping and care of the patient by virtue of— (A) a timely examination of the patient by the veterinarian; or (B) medically appropriate and timely visits by the veterinarian to the premises where the animal or animals are kept. (3) The veterinarian is readily available for follow-up evaluation or has arranged for veterinary emergency coverage and continuing care and treatment. (4) The veterinarian provides oversight of treatment, compliance, and outcome. (5) Patient records are maintained.

Preventing Antibiotic Resistance Act of 2013

Protect American Investments Act of 2013 - Prohibits a U.S.-based company, entity, or person from paying a financial transaction tax imposed by a foreign country on any covered financial transaction. Defines &quot;covered financial transaction&quot; as a financial transaction occurring on a U.S. exchange or over-the-counter within the United States, notwithstanding the nationality of the issuer of such security or the residence of any party to the transaction. Requires the Secretary of the Treasury to: (1) promulgate regulations or other guidance to carry out this Act; (2) not assist any foreign government in collecting any excise tax, related penalty, or related judgment on any covered financial transaction; and (3) apply provisions of the Convention Between the United States of America and the Government of the French Republic for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion With Respect to Taxes on Income and Capital to exempt covered financial transactions.

To protect financial transactions in the United States from enforcement of certain excise taxes imposed by any foreign government, and for other purposes. 1. Short title This Act may be cited as the Protect American Investments Act of 2013 2. Prohibition on the United States persons paying foreign financial transaction tax (a) In general A United States based company, entity, or person shall be prohibited from paying a financial transaction tax which is imposed by a foreign country on any covered financial transaction. (b) Actions by Secretary The Secretary of the Treasury— (1) not later than 90 days after the date of the enactment of this Act, shall promulgate such regulations or other guidance, and (2) may take such other actions, as may be necessary or appropriate to carry out subsection (a). 3. Prohibition on United States assistance in collecting certain taxes, etc The Secretary of the Treasury may not assist any foreign government with respect to the collection of any excise tax, related penalty, or related judgment by a court of a foreign country or by a foreign government on any covered financial transaction. 4. Protection of financial transactions in the United States from enforcement of excise tax imposed by France The Secretary of the Treasury shall apply paragraph 4 of Article 29 of the Convention Between the Government of the United States of America and the Government of the French Republic for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion With Respect to Taxes on Income and Capital, entered into force on or after January 1, 1996, to exempt covered financial transactions. 5. Definitions For purposes of this Act— (1) Covered financial transaction The term covered financial transaction (2) Secretary of the Treasury The term Secretary of the Treasury

Protect American Investments Act of 2013

Authorizes the President to award the Medal of Honor to First Lieutenant Alonzo H. Cushing for acts of valor during the Civil War.

To authorize and request the President to award the Medal of Honor posthumously to First Lieutenant Alonzo H. Cushing for acts of valor during the Civil War. 1. Findings Congress makes the following findings: (1) Alonzo H. Cushing was born in Delafield, Wisconsin, on January 19, 1841. (2) Alonzo H. Cushing graduated from the United States Military Academy at West Point, New York, on June 24, 1861. (3) On July 3, 1863, First Lieutenant Alonzo H. Cushing commanded Battery A, 4th United States Artillery, Army of the Potomac, during the Battle of Gettysburg. (4) During the battle, First Lieutenant Alonzo H. Cushing was shot multiple times but refused to retreat. (5) First Lieutenant Alonzo H. Cushing continued to command his battery until he was shot and killed. (6) The Union victory at the Battle of Gettysburg was one of the key turning points in the Civil War. (7) The Secretary of the Army and the Secretary of Defense have determined that the actions of First Lieutenant Alonzo H. Cushing do merit the award of the Medal of Honor. 2. Authorization for award of the Medal of Honor to First Lieutenant Alonzo H. Cushing for acts of valor during the Civil War (a) Authorization Notwithstanding the time limitations specified in section 3744 (b) Acts of valor described The acts of valor referred to in subsection (a) are the actions of then First Lieutenant Alonzo H. Cushing while in command of Battery A, 4th United States Artillery, Army of the Potomac, at Gettysburg, Pennsylvania, on July 3, 1863, during the American Civil War.

A bill to authorize and request the President to award the Medal of Honor posthumously to First Lieutenant Alonzo H. Cushing for acts of valor during the Civil War.

Assistance in Gaining Experience, Independence, and Navigation Act of 2013 or the AGE-IN Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to make a grant to a research organization to: (1) conduct a comprehensive analysis of research on the topic of youth and young adults with an autism spectrum disorder or other developmental disability as such individuals age out of the school-based support system (transitioning youth), (2) conduct research on the existing infrastructure for transitioning youth, and (3) develop a comprehensive strategic plan for the establishment of a Transition Navigator grant program to provide transitioning youth with a comprehensive and interdisciplinary set of support services. Directs the Secretary to establish a Transition Navigator Grant Program to award multiyear grants to establish and carry out a collaborative, interdisciplinary training and services initiative to train transition navigators to provide transitioning youth with the services and skills necessary to lead an independent, integrated life. Provides procedures for evaluation of grantee success in meeting the goal of the strategic plan submitted under this Act.

To amend the Public Health Services Act to provide research, training, and navigator services to youth and young adults on the verge of aging out of the secondary educational system, and for other purposes. 1. Short title This Act may be cited as the Assistance in Gaining Experience, Independence, and Navigation Act of 2013 AGE-IN Act 2. Amendment to the Public Health Service Act Part R of title III of the Public Health Service Act ( 42 U.S.C. 280i et seq. 399CC–1. Grants for research, training, and navigator services for youth and young adults (a) Research grant (1) In general The Secretary, in consultation with the Coordinating Committee established under section 399CC and the Administrator of the Administration for Community Living, shall award a grant to a research organization to— (A) conduct a comprehensive meta-analysis on the existing empirical, peer-reviewed research on the topic of youth and young adults with an autism spectrum disorder or other developmental disabilities as such individuals age-out of the school-based support system (referred to in this section as transitioning youth (B) conduct research on the existing infrastructure for transitioning youth, including access to health care, continuing education and vocational training programs, supportive and community-based integrated housing, accessible transportation services, and public safety and community integration programs (including first responder training); and (C) develop a comprehensive strategic plan (in accordance with paragraph (2)) for the establishment of a Transition Navigator grant program to provide transitioning youth with a comprehensive and interdisciplinary set of support services. (2) Strategic plan The strategic plan developed under paragraph (1)(C) shall include— (A) proposals on establishing best practices guidelines to ensure interdisciplinary coordination between all relevant service providers (including first responders), the transitioning youth, and their family, and in conjunction with the transitioning youth's Individualized Education Plan as prescribed in section 614 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414 (B) comprehensive approaches to transitioning, including— (i) services to increase access to, and the successful integration and completion of, postsecondary education, peer support, vocational training (as defined in section 103 of the Rehabilitation Act of 1973 ( 29 U.S.C. 723 (ii) community-based behavioral supports and interventions; (iii) community-based integrated residential services, housing, and transportation; (iv) nutrition, health and wellness, recreational, and social activities; and (v) personal safety services that consider the specific needs of transitioning youth who are at risk of becoming involved with public safety agencies or the criminal justice system; (C) culturally and linguistically competent and sensitive service delivery models; and (D) proposals which seek to— (i) increase the effectiveness of such practices to provide successful transition services; (ii) increase the ability of the entity to provide supports and services to underserved populations and regions; (iii) increase the efficiency of service delivery to maximize resources and outcomes; and (iv) ensure access to all services identified as necessary to transitioning youth of all capabilities. (3) Grant period Grants awarded under this subsection shall be for a period of 2 years. (b) Transition navigator training grants (1) In general The Secretary, in consultation with the Coordinating Committee established under section 399CC and the Administrator of the Administration for Community Living, shall establish a Transition Navigator Grant Program to award multiyear training initiative grants to establish and carry out a collaborative, interdisciplinary training and services initiative, that is based on the data and best practice guidelines developed under subsection (a), to train transition navigators to provide transitioning youth with the services and skills necessary to lead an independent, integrated life. (2) Eligibility To be eligible for a grant under this subsection, an entity shall— (A) be a University Center for Excellence in Developmental Disabilities Education, Research and Service or a comparable interdisciplinary entity capable of fulfilling the scope of activities described in section 153 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15063 (B) prepare and submit an application to the Secretary in accordance with paragraph (3). (3) Application To be eligible to receive a grant under this subsection, an entity shall submit to the Secretary an application demonstrating the capacity to successfully train an interdisciplinary group of service providers on the best practice guidelines contained in strategic plan under subsection (a). The application shall include additional information, including— (A) the number of trainees, students, or providers expected to be trained under the grant, and in what timeframe; (B) the interdisciplinary scope of faculty, staff, mentors, and community-based trainers affiliated with the applicant; (C) the ability to provide training services to a culturally diverse set of students and in a culturally competent, culturally sensitive manner; and (D) the ability to train providers in underserved areas and to serve underserved populations. (4) Grant period and annual evaluation (A) Grant period Navigator training grants awarded under this subsection shall be for a period of 3 years. The Secretary may renew a grant for an additional 3-year period based on the results of the evaluations submitted under subparagraph (B). (B) Annual evaluation A grantee under this subsection shall submit to the Secretary an evaluation of progress made during each grant year in achieving the purposes for which the grant was awarded. Such evaluation shall include an analysis of— (i) any performance metrics required by the Secretary; (ii) the grantees recruitment of students into the program; and (iii) the recruits’ cultural diversity and the interdisciplinary nature of their interests or background. (5) Longitudinal evaluation (A) In general The Secretary shall enter into a contract with a third-party organization with expertise in program evaluation for the conduct of an evaluation of the success of grantees under this subsection in meeting the goals of the strategic plan submitted under subsection (a)(2) and their grant application. (B) Procedure A third-party organization that enters into a contract under subparagraph (A) shall monitor grantees under this subsection and report back to the Secretary with a longitudinal analysis of the effectiveness of the program carried out by the grantee. Such analysis shall include an examination of— (i) whether and to what extent the training regime sufficiently met the goals of the strategic plan under subsection (a)(2); (ii) whether and to what extent graduates of the training program are successfully working to provide services to transitional youth in an effective, comprehensive, and appropriate manner; and (iii) the long-term efficacy of the program and the strategic plan on increasing and sustaining transitional youth’s— (I) enrollment in, and completion of, postsecondary education or vocational training programs; (II) participation in integrated, competitive employment; (III) continued access to peer support; (IV) continued access to, and benefitting from, community-based behavioral supports and interventions; (V) consistent access to community-based integrated residential services, housing, and transportation; and (VI) continued access to nutrition, health and wellness, recreational, and social activities. (6) Supplement Activities carried out under a grant under this subsection shall supplement, not supplant, existing programs and activities designed to provide interdisciplinary training to services providers aimed at serving transitional youth. (c) Authorization of appropriations There is authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2014 through 2021. .

AGE-IN Act

Earmark Elimination Act of 2013 - Makes it out of order in the Senate to consider a bill or resolution introduced in either chamber or any other measure that includes an earmark. Permits waiver of any or all such points of order by an affirmative vote of two-thirds of the Members. Makes this Act inapplicable to any authorization of appropriations to a federal entity if such authorization is not specifically targeted to a state, locality, or congressional district.

To prohibit earmarks. 1. Short title This Act may be cited as the Earmark Elimination Act of 2013 2. Prohibition on earmarks (a) Bills and joint resolutions, amendments, amendments between the Houses, and conference reports (1) In general It shall not be in order in the Senate to consider a bill or resolution introduced in the Senate or the House of Representatives, amendment, amendment between the Houses, or conference report that includes an earmark. (2) Procedure Upon a point of order being made by any Senator pursuant to paragraph (1) against an earmark, and such point of order being sustained, such earmark shall be deemed stricken. (b) Conference report and amendment between the Houses procedure When the Senate is considering a conference report on, or an amendment between the Houses, upon a point of order being made by any Senator pursuant to subsection (a), and such point of order being sustained, such material contained in such conference report shall be deemed stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable under the same conditions as was the conference report. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subsection), no further amendment shall be in order. (c) Waiver Any Senator may move to waive any or all points of order under this section by an affirmative vote of two-thirds of the Members, duly chosen and sworn. (d) Definitions (1) Earmark For the purpose of this section, the term earmark (A) providing, authorizing, or recommending a specific amount of discretionary budget authority, credit authority, or other spending authority for a contract, loan, loan guarantee, grant, loan authority, or other expenditure with or to an entity, or targeted to a specific State, locality or Congressional district, other than through a statutory or administrative formula-driven or competitive award process; (B) that— (i) provides a Federal tax deduction, credit, exclusion, or preference to a particular beneficiary or limited group of beneficiaries under the Internal Revenue Code of 1986; and (ii) contains eligibility criteria that are not uniform in application with respect to potential beneficiaries of such provision; or (C) modifying the Harmonized Tariff Schedule of the United States in a manner that benefits 10 or fewer entities. (2) Determination by the Senate In the event the Chair is unable to ascertain whether or not the offending provision constitutes an earmark as defined in this subsection, the question of whether the provision constitutes an earmark shall be submitted to the Senate and be decided without debate by an affirmative vote of two-thirds of the Members, duly chosen and sworn. (e) Application This section shall not apply to any authorization of appropriations to a Federal entity if such authorization is not specifically targeted to a State, locality or congressional district.

Earmark Elimination Act of 2013

Helping Our Middle-Class Entrepreneurs Act or the HOME Act - Amends the Internal Revenue Code to allow a taxpayer who uses a residence to conduct a trade or business a standard tax deduction equal to the lesser of $1,500 or the taxpayer's gross trade or business income derived from the business use of such residence.

To amend the Internal Revenue Code of 1986 to provide a standard home office deduction. 1. Short title This Act may be cited as the Helping Our Middle-Class Entrepreneurs Act HOME Act 2. Standard deduction for business use of home (a) In General Subsection (c) of section 280A of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (7) Standard home office deduction (A) In general In the case of an individual who is allowed a deduction for the use of a home office because of a use described in paragraph (1), (2), or (4), notwithstanding the limitations of paragraph (5), if such individual elects the application of this paragraph for the taxable year, such individual shall be allowed a deduction equal to the standard home office deduction for the taxable year in lieu of the deductions otherwise allowable under this chapter for such taxable year by reason of such use. (B) Standard home office deduction For purposes of this paragraph, the standard home office deduction is the lesser of— (i) $1,500, or (ii) the gross income derived from the individual’s trade or business for which such use occurs. (C) Inflation adjustment In the case of any taxable year beginning in a calendar year after 2013, the dollar amount in subparagraph (B)(i) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting 2012 1992 Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $100. . (b) Effective Date The amendment made by this section shall apply to taxable years beginning after December 31, 2012.

HOME Act

Energy Efficient Government Technology Act - Amends the National Energy Conservation Policy Act, with respect to federal agency energy management, to require each agency to collaborate with the Director of the Office of the Management and Budget (OMB) to develop an implementation strategy for the maintenance, purchase, and use of energy-efficient and energy-saving information and communications technologies (ICT) and practices that is based on the agency's operating requirements and statutory mission. Includes as part of such a strategy consideration of ICT and related infrastructure and practices. Requires the OMB Director to: (1) establish performance goals for evaluating the efforts of agencies in improving such technology systems and practices; and (2) maintain a data centers task force responsible for sharing progress toward individual agency goals and the overall target for increased energy efficiency, including through exchanges of best practices and energy efficiency information with the private sector. Sets forth reporting requirements. Amends the Energy Independence and Security Act of 2007, with respect to data center energy efficiency, to require: publication of the designation of the information technology industry organization that coordinates the voluntary national information program for such centers; updating and publication of a report on server and data center efficiency, including an analysis of the impact of ICT asset and related infrastructure utilization solutions; maintenance of a data center energy practitioner program that leads to the certification of practitioners qualified to evaluate energy usage and efficiency opportunities; evaluation of agency data centers every four years by such certified energy practitioners employed by the agency; establishment of an open data initiative for federal data center usage data; consideration of the online Data Center Maturity Model in establishing the initiative; active participation by the Secretary of Energy (DOE) in efforts to harmonize global specifications and metrics for data center energy efficiency; and assistance by the Secretary in the development of an efficiency metric that measures the energy efficiency of the overall data center.

To amend the National Energy Conservation Policy Act and the Energy Independence and Security Act of 2007 to promote energy efficiency via information and computing technologies, and for other purposes. 1. Short title This Act may be cited as the Energy Efficient Government Technology Act 2. Energy-efficient and energy-saving information and communications technologies Section 543 of the National Energy Conservation Policy Act ( 42 U.S.C. 8253 (1) by redesignating the second subsection (f) (relating to large capital energy investments) as subsection (g); and (2) by adding at the end the following: (h) Federal Implementation Strategy for Energy-Efficient and Energy-Saving Information and Communications Technologies (1) In general Not later than 1 year after the date of enactment of this subsection, each Federal agency shall collaborate with the Director of the Office of Management and Budget (referred to in this subsection as the Director (2) Content Each implementation strategy shall be flexible, cost-effective, and based on the specific operating requirements and statutory mission of the agency. (3) Administration In developing an implementation strategy, each Federal agency shall— (A) consider information and communications technologies (referred to in this subsection as ICT (i) advanced metering infrastructure; (ii) ICT services and products; (iii) efficient data center strategies and methods of increasing ICT asset and related infrastructure utilization; (iv) ICT and related infrastructure power management; (v) building information modeling, including building energy management; and (vi) secure telework and travel substitution tools; and (B) ensure that the agency realizes the savings and rewards brought about through increased efficiency and utilization. (4) Performance goals (A) In general Not later than 180 days after the date of enactment of this subsection, the Director, in consultation with the Secretary, shall establish performance goals for evaluating the efforts of Federal agencies in improving the maintenance, purchase, and use of energy-efficient and energy-saving information and communications technology systems and practices. (B) Energy efficient data centers The Director shall include within the performance goals established under this paragraph— (i) specifications and benchmarks that will enable Federal data center operators to make more informed decisions about the energy efficiency and cost savings of data centers, including an overall Federal target for increased energy efficiency, with initial reliance on the Power Usage Effectiveness metric; (ii) overall asset utilization; and (iii) recommendations and best practices for how the benchmarks will be attained, with the recommendations to include a requirement for agencies to evaluate the use of energy savings performance contracting and utility energy services contracting as preferred acquisition methods. (C) Administration The performance goals established under this paragraph shall— (i) measure information technology costs over a specific time period of 3 to 5 years; (ii) measure cost savings attained via the use of energy-efficient and energy-saving information and communications solutions during the same time period; and (iii) provide, to the maximum extent practicable, a complete picture of all costs and savings, including energy costs and savings. (5) Federal data centers task force (A) In general The Director shall maintain a Governmentwide Data Center Task Force comprised of Federal data center program managers, facilities managers, and sustainability officers. (B) Duties The members of the task force shall— (i) be responsible for working together to share progress toward individual agency goals and the overall Federal target for increased energy efficiency; and (ii) regularly exchange best practices and other strategic information related to energy efficiency with the private sector. (6) Reports (A) Agency reports Each Federal agency subject to the requirements of this subsection shall include in the report of the agency under section 527 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17143 (B) OMB Government efficiency reports and scorecards Effective beginning not later than October 1, 2013, the Director shall include in the annual report and scorecard of the Director required under section 528 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17144 . 3. Energy efficient data centers Section 453 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17112 (1) in subsection (c), by striking paragraph (1) and inserting the following: (1) In general Not later than 30 days after the date of enactment of the Energy Efficient Government Technology Act (A) designate an established information technology industry organization to coordinate the program described in subsection (b); and (B) make the designation public, including on an appropriate website. ; (2) by striking subsections (e) and (f) and inserting the following: (e) Study The Secretary, with assistance from the Administrator, shall— (1) not later than December 31, 2013, make available to the public an update to the Report to Congress on Server and Data Center Energy Efficiency published on August 2, 2007, under section 1 of Public Law 109–431 (120 Stat. 2920), that provides— (A) a comparison and gap analysis of the estimates and projections contained in the original report with new data regarding the period from 2007 through 2012; (B) an analysis considering the impact of information and communications technologies asset and related infrastructure utilization solutions, to include virtualization and cloud computing-based solutions, in the public and private sectors; and (C) updated projections and recommendations for best practices; and (2) collaborate with the organization designated under subsection (c) in preparing the report. (f) Data center energy practitioner program (1) In general The Secretary, in collaboration with the organization designated under subsection (c) and the Federal Chief Information Officer, shall maintain a data center energy practitioner program that leads to the certification of energy practitioners qualified to evaluate the energy usage and efficiency opportunities in data centers. (2) Evaluations Each Federal agency shall have the data centers of the agency evaluated every 4 years by energy practitioners certified pursuant to the program, whenever practicable using certified practitioners employed by the agency. ; (3) by redesignating subsection (g) as subsection (j); and (4) by inserting after subsection (f) the following: (g) Open data initiative (1) In general The Secretary, in collaboration with the organization designated under subsection (c) and the Federal Chief Information Officer, shall establish an open data initiative for Federal data center energy usage data, with the purpose of making the data available and accessible in a manner that empowers further data center innovation while protecting United States national security interests. (2) Administration In establishing the initiative, the Secretary shall consider use of the online Data Center Maturity Model. (h) International specifications and metrics The Secretary, in collaboration with the organization designated under subsection (c), shall actively participate in efforts to harmonize global specifications and metrics for data center energy efficiency. (i) ICT asset utilization metric The Secretary, in collaboration with the organization designated under subsection (c), shall assist in the development of an efficiency metric that measures the energy efficiency of the overall data center, including information and communications technology systems and related infrastructure. .

Energy Efficient Government Technology Act

Veterans Conservation Corps Act of 2013 - Directs the Secretary of Veterans Affairs (VA) to establish a veterans conservation corps to assist veterans in the transition from service in the Armed Forces to civilian life and to employ veterans: (1) in conservation, resource management, and historic preservation projects on public lands; (2) in maintenance and improvement projects for cemeteries under the jurisdiction of the National Cemetery Administration; and (3) as firefighters, law enforcement officers, and disaster relief personnel. Requires priority to be given to the employment of veterans who served on active duty on or after September 11, 2001. Requires, as part of the veterans conservation corps: (1) the Secretary of Homeland Security (DHS) to award grants under the Federal Fire Prevention and Control Act of 1974 to hire veterans as firefighters; (2) the Attorney General to award grants under the public safety and community policing grant program (COPS ON THE BEAT grant program) under the Omnibus Crime Control and Safe Streets Act of 1968 to hire veterans as law enforcement officers; and (3) the DHS Secretary to provide funds to increase participation by veterans in the Federal Emergency Management Agency (FEMA) Corps program. Authorizes the VA Secretary to transfer amounts to carry out the corps to the Attorney General, the Chief of Engineers, and the Secretaries of Agriculture, Commerce, DHS, and Interior. Directs the VA Secretary to establish a steering committee to establish selection criteria for, and provide advice to the VA Secretary on, the awarding of assistance under this Act.

To require the Secretary of Veterans Affairs to establish a veterans conservation corps, and for other purposes. 1. Short title This Act may be cited as the Veterans Conservation Corps Act of 2013 2. Veterans Conservation Corps (a) Establishment The Secretary of Veterans Affairs shall, in cooperation with the Attorney General, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Homeland Security, the Secretary of the Interior, and the Chief of Engineers, establish a veterans conservation corps to assist veterans in the transition from service in the Armed Forces to civilian life and to employ veterans— (1) in conservation, resource management, and historic preservation projects on public lands and maintenance and improvement projects for cemeteries under the jurisdiction of the National Cemetery Administration; and (2) as firefighters, law enforcement officers, and disaster relief personnel. (b) Conservation, resource management, historic preservation, and cemetery maintenance and improvement projects (1) In general As part of the veterans conservation corps, the Secretary of Veterans Affairs, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of the Interior, and the Chief of Engineers shall— (A) employ veterans to carry out projects described in subsection (a)(1); or (B) award grants to, or enter into contracts with, State governments, local governments, or nongovernmental entities to employ veterans to carry out projects described in subsection (a)(1). (2) Priority In employing or awarding grants or contracts to employ veterans under this subsection, the Secretaries referred to in paragraph (1) and the Chief of Engineers shall give priority towards the employment of veterans who served on active duty in the Armed Forces on or after September 11, 2001. (3) Coordination The Secretary of Veterans Affairs shall coordinate the activities of the Secretary of Agriculture, the Secretary of Commerce, the Secretary of the Interior, and the Chief of Engineers to employ veterans as part of the veterans conservation corps. (4) Oversight of projects The Secretaries referred to in paragraph (1) and the Chief of Engineers shall each provide oversight of the projects for which they employ veterans under subparagraph (A) of such paragraph or award grants or enter into contracts under subparagraph (B) of such paragraph. (c) First responders (1) Firefighters As part of the veterans conservation corps, the Secretary of Homeland Security shall award grants under section 34 of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229a (2) Law enforcement officers As part of the veterans conservation corps, the Attorney General shall award grants under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd et seq. (3) Disaster relief personnel As part of the veterans conservation corps, the Secretary of Homeland Security shall provide funds to increase participation by veterans in the FEMA Corps program, which is a partnership between the Corporation for National and Community Service and the Federal Emergency Management Agency. (4) Priority In awarding grants or providing funds under this subsection to hire veterans, the Secretary of Homeland Security and the Attorney General shall give priority to the hiring of veterans who served on active duty in the Armed Forces on or after September 11, 2001. (d) Assistance (1) In general The Secretary of Veterans Affairs may provide assistance to the Secretaries referred to in subsection (a), the Attorney General, and the Chief of Engineers to carry out the veterans conservation corps. Such assistance may take the form of a transfer under paragraph (2). (2) Transfers Except as otherwise provided in this subsection, of amounts appropriated or otherwise made available to the Secretary of Veterans Affairs to carry out this section, the Secretary of Veterans Affairs may transfer such amounts as the Secretary considers appropriate to carry out the veterans conservation corps to the following: (A) The Attorney General. (B) The Secretary of Agriculture. (C) The Secretary of Commerce. (D) The Secretary of Homeland Security. (E) The Secretary of the Interior. (F) The Chief of Engineers. (3) Assistance for conservation, resource management, historic preservation, and cemetery maintenance and improvement projects (A) Application If a Secretary referred to in subsection (b)(1) or the Chief of Engineers seeks assistance under paragraph (1) to employ a veteran to carry out a project under subparagraph (A) of subsection (b)(1) or to award a grant or contract to carry out a project under subparagraph (B) of such subsection, such Secretary or the Chief of Engineers shall submit to the Secretary of Veterans Affairs an application therefor at such time, in such manner, and containing such information as the Secretary of Veterans Affairs may require. (B) Selection The Secretary of Veterans Affairs shall, in consultation with the steering committee established under subparagraph (C), award assistance under this paragraph in accordance with such criteria as the steering committee establishes. (C) Steering committee (i) In general The Secretary of Veterans Affairs shall establish a steering committee— (I) to establish selection criteria for the awarding of assistance under paragraph (1) to employ a veteran to carry out a project under subparagraph (A) of subsection (b)(1) or to award a grant or contract to carry out a project under subparagraph (B) of such subsection; and (II) to provide the Secretary of Veterans Affairs with advice on awarding assistance under this subsection with respect to projects described in subsection (a)(1) and carrying out the requirements of the veterans conservation corps under subsection (b). (ii) Composition The steering committee shall be composed of the following: (I) The Secretary of Veterans Affairs. (II) The Secretary of Agriculture. (III) The Secretary of Commerce. (IV) The Secretary of the Interior. (V) The Chief of Engineers. (iii) Chairperson The chairperson of the steering committee shall be the Secretary of Veterans Affairs. (iv) Advisory input The Secretary of Defense, the Secretary of Labor, and the Chief Executive Officer of the Corporation for National and Community Service may provide advice to the steering committee. (4) Assistance for first responders Not more than 10 percent of amounts appropriated or otherwise made available to the Secretary of Veterans Affairs to carry out this section may be transferred to the Attorney General and the Secretary of Homeland Security to employ veterans under subsection (c). (e) Reporting framework The Secretary of Veterans Affairs shall establish a reporting framework to regularly monitor and evaluate the veterans conservation corps to ensure proper oversight and accountability of the veterans conservation corps. (f) Outreach The Secretary of Veterans Affairs shall ensure that veterans employed under the veterans conservation corps are aware of benefits and assistance available to them under laws administered by the Secretary of Veterans Affairs. (g) Authorization of appropriations (1) In general There is available without further appropriation to the Secretary of Veterans Affairs to carry out this section, $600,000,000 for the period of fiscal years 2014 through 2018. (2) Limitation Of amounts appropriated or otherwise made available to carry out this section, not more than five percent may be spent to administer the veterans conservation corps. (h) Veteran defined In this section, the term veteran section 101

Veterans Conservation Corps Act of 2013

Douglas County Conservation Act of 2013 - Designates specified federal land managed by the Bureau of Land Management (BLM), to be known as the Burbank Canyons Wilderness, as a component of the National Wilderness Preservation System. Releases BLM land in any part of the Burbank Canyon Wilderness not designated as wilderness by this Act from further study for designation as wilderness. Transfers all interest of the United States in certain land which shall be held in trust for the Washoe Tribe of Nevada and California, and which shall become part of the Tribe's reservation. Directs the Secretary of Agriculture (USDA) to implement a cooperative management agreement for the land identified as the Cooperative Management Area in order to: (1) preserve cultural resources, (2) ensure regular access by members of the Tribe and the community across National Forest System land for cultural and religious purposes, and (3) protect recreational uses. Requires the Secretary concerned to convey certain Forest Service land (Lake Tahoe-Nevada State Park) to the state of Nevada, to be used for the conservation of wildlife or natural resources or for a public park. (Defines &quot;Secretary concerned&quot; as the Secretary of Agriculture. acting through the Chief of the Forest Service, for National Forest System lands, and the Secretary of the Interior for land managed by BLM.) Directs the Secretary of Agriculture to make publicly available a prospectus to solicit one or more concessionaires for the lands identified as the Round Hill Pines Resort and Zephyr Shoals. Authorizes the Secretary of Agriculture, acting through the Chief of the Forest Service, to transfer from the Forest Service to Nevada, Douglas County (the county), or the applicable unit of local government, certain lands or interests which are unsuitable for Forest Service administration or necessary for a public purpose. Authorizes the Secretary concerned to convey or lease specified lands to the county to be managed for flood control and management, water resource infrastructure, recreation and public purposes, or forest service recreation. Directs the Secretary concerned to conduct one or more sales of specified BLM and county lands to qualified bidders. Amends the Southern Nevada Public Land Management Act of 1998 to specify the use of funds for federal land in Douglas County.

To establish a wilderness area, promote conservation, improve public land, and provide for sensible development in Douglas County, Nevada, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Douglas County Conservation Act of 2013 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Wilderness area Sec. 101. Findings. Sec. 102. Addition to National Wilderness Preservation System. Sec. 103. Administration. Sec. 104. Fish and wildlife management. Sec. 105. Release of wilderness study area. Sec. 106. Native American cultural and religious uses. TITLE II—Tribal cultural resources Sec. 201. Transfer of land to be held in trust for the Washoe Tribe. Sec. 202. Cooperative management agreement. TITLE III—Public conveyances Sec. 301. Conveyance to the State of Nevada. Sec. 302. Concessionaires at the Round Hill Pines Management Area and Dreyfus Estate Management Area. Sec. 303. Transfer of administrative jurisdiction from the Forest Service to the State, county, or local government for public purposes. Sec. 304. Conveyance and lease to Douglas County, Nevada. Sec. 305. Sale of certain Federal land. 2. Definitions In this Act: (1) County The term County (2) Public land The term public land public lands 43 U.S.C. 1702 (3) Secretary concerned The term Secretary concerned (A) with respect to National Forest System land, the Secretary of Agriculture. acting through the Chief of the Forest Service; and (B) with respect to land managed by the Bureau of Land Management, including land held for the benefit of the Tribe, the Secretary of the Interior. (4) State The term State (5) Tribe The term Tribe (6) Wilderness The term Wilderness I Wilderness area 101. Findings Congress finds that— (1) public land in the County contains unique and spectacular natural resources, including— (A) priceless habitat for numerous species of plants and wildlife; and (B) thousands of acres of land that remain in a natural state; and (2) continued preservation of those resources would benefit the County and all of the United States by— (A) ensuring the conservation of ecologically diverse habitat; (B) protecting prehistoric cultural resources; (C) conserving primitive recreational resources; and (D) protecting air and water quality. 102. Addition to National Wilderness Preservation System (a) Designation In furtherance of the purposes of the Wilderness Act ( 16 U.S.C. 1131 et seq. Proposed Burbank Canyon Wilderness Burbank Canyons Wilderness (b) Boundary The boundary of any portion of the Wilderness that is bordered by a road shall be at least 100 feet from the edge of the road to allow public access. (c) National landscape conservation system The Wilderness shall be administered as a component of the National Landscape Conservation System. (d) Map and legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary concerned shall prepare a map and legal description of the Wilderness. (2) Effect The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary concerned may correct any minor error in the map or legal description. (3) Availability A copy of the map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (e) Withdrawal Subject to valid existing rights, the Wilderness is withdrawn from— (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and geothermal leasing or mineral materials. 103. Administration (a) In general Subject to valid existing rights, the Wilderness shall be administered by the Secretary concerned in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. (1) to the effective date shall be considered to be a reference to the date of enactment of this Act; and (2) to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior. (b) Livestock Within the Wilderness, the grazing of livestock in areas administered by the Bureau of Land Management in which grazing is established as of the date of enactment of this Act shall be allowed to continue subject to such reasonable regulations, policies, and practices as the Secretary concerned considers to be necessary in accordance with— (1) section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) (2) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101–405). (c) Incorporation of acquired land and interests Any land or interest in land within the boundaries of the Wilderness that is acquired by the United States after the date of enactment of this Act shall be added to and administered as part of the Wilderness. (d) Adjacent management (1) In general Congress does not intend for the designation of the Wilderness to create a protective perimeter or buffer zone around the Wilderness. (2) Nonwilderness activities The fact that nonwilderness activities or uses can be seen or heard from areas within the Wilderness shall not preclude the conduct of the activities or uses outside the boundary of the Wilderness. (e) Military overflights Nothing in this Act restricts or precludes— (1) low-level overflights of military aircraft over the Wilderness, including military overflights that can be seen or heard within the wilderness area; (2) flight testing and evaluation; or (3) the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the Wilderness. (f) Existing airstrips Nothing in this Act restricts or precludes low-level overflights by aircraft utilizing airstrips in existence on the date of enactment of this Act that are located within 5 miles of the proposed boundary of the Wilderness. (g) Wildfire, insect, and disease management In accordance with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) (h) Water rights (1) Findings Congress finds that— (A) the Wilderness is located— (i) in the semiarid region of the Great Basin; and (ii) at the headwaters of the streams and rivers on land with respect to which there are few, if any— (I) actual or proposed water resource facilities located upstream; and (II) opportunities for diversion, storage, or other uses of water occurring outside the land that would adversely affect the wilderness values of the land; (B) the Wilderness is generally not suitable for use or development of new water resource facilities; and (C) because of the unique nature of the Wilderness, it is possible to provide for proper management and protection of the wilderness and other values of land in ways different from those used in other laws. (2) Purpose The purpose of this section is to protect the wilderness values of the Wilderness by means other than a federally reserved water right. (3) Statutory construction Nothing in this Act— (A) constitutes an express or implied reservation by the United States of any water or water rights with respect to the Wilderness; (B) affects any water rights in the State (including any water rights held by the United States) in existence on the date of enactment of this Act; (C) establishes a precedent with regard to any future wilderness designations; (D) affects the interpretation of, or any designation made under, any other Act; or (E) limits, alters, modifies, or amends any interstate compact or equitable apportionment decree that apportions water among and between the State and other States. (4) Nevada water law The Secretary concerned shall follow the procedural and substantive requirements of State law so as to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to the Wilderness. (5) New projects (A) Definition of water resource facility (i) In general In this paragraph, the term water resource facility (ii) Exclusion The term water resource facility (B) Restriction on new water resource facilities Except as otherwise provided in this Act, on or after the date of enactment of this Act, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new water resource facility within any wilderness area, including a portion of a wilderness area, that is located in the County. 104. Fish and wildlife management (a) In general In accordance with section 4(d)(7) of the Wilderness Act ( 16 U.S.C. 1133(d)(7) (b) Management activities In furtherance of the purposes and principles of the Wilderness Act ( 16 U.S.C. 1131 et seq. (1) in a manner that is consistent with relevant wilderness management plans; and (2) in accordance with— (A) the Wilderness Act ( 16 U.S.C. 1131 et seq. (B) appropriate policies, such as those set forth in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101–405), including the occasional and temporary use of motorized vehicles if the use, as determined by the Secretary concerned, would promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values with the minimal impact necessary to reasonably accomplish those tasks. (c) Existing activities Consistent with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) (d) Hunting, fishing, and trapping (1) In general The Secretary concerned may designate areas in which, and establish periods during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting, fishing, or trapping will be permitted in the Wilderness. (2) Consultation Except in emergencies, the Secretary concerned shall consult with the appropriate State agency and notify the public before making any designation under paragraph (1). (e) Cooperative agreement (1) In general The State may conduct wildlife management activities in the Wilderness— (A) in accordance with the terms and conditions specified in the cooperative agreement between the Secretary of the Interior and the State entitled Memorandum of Understanding between the Bureau of Land Management and the Nevada Department of Wildlife Supplement No. 9 (B) subject to all applicable laws (including regulations). (2) References; clark county For the purposes of this subsection, any reference to Clark County in the cooperative agreement described in paragraph (1)(A) shall be considered to be a reference to the Wilderness. 105. Release of wilderness study area (a) Finding Congress finds that, for the purposes of section 603 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782 (b) Release Any public land described in subsection (a) that is not designated as wilderness by this Act— (1) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) (2) shall be managed in accordance with— (A) land management plans adopted under section 202 of that Act ( 43 U.S.C. 1712 (B) cooperative conservation agreements in existence on the date of enactment of this Act. 106. Native American cultural and religious uses Nothing in this title diminishes— (1) the rights of any Indian tribe; or (2) tribal rights regarding access to Federal land for tribal activities, including spiritual, cultural, and traditional food-gathering activities. II Tribal cultural resources 201. Transfer of land to be held in trust for the Washoe Tribe (a) In general Subject to valid existing rights, including rights-of-way, all right, title, and interest of the United States in and to the land described in subsection (b)— (1) shall be held in trust by the United States for the benefit of the Tribe; and (2) shall be part of the reservation of the Tribe. (b) Description of land The land referred to in subsection (a) consists of the approximately 1,178 acres of land, as generally depicted on the Map as To Washoe Tribe (c) Survey Not later than 180 days after the date of enactment of this Act, the Secretary concerned shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). 202. Cooperative management agreement (a) In general The Secretary of Agriculture, in consultation with the Tribe and County, shall develop and implement a cooperative management agreement for the land described in subsection (b)— (1) to preserve cultural resources; (2) to ensure regular access by members of the Tribe and the community across National Forest System land for cultural and religious purposes; and (3) to protect recreational uses. (b) Description of land The land referred to in subsection (a) consists of the approximately 1,811 acres of land, as generally depicted on the Map as Cooperative Management Area III Public conveyances 301. Conveyance to the State of Nevada (a) Conveyance Notwithstanding section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), the Secretary concerned shall convey to the State, subject to valid existing rights, for no consideration, all right, title, and interest of the United States in and to the land described in subsection (b). (b) Description of land The land referred to in subsection (a) is the approximately 67 acres of Forest Service land, as generally depicted on the Map as Lake Tahoe-Nevada State Park (c) Costs Any costs relating to the conveyance under subsection (a), including costs for surveys and other administrative costs, shall be paid by the State. (d) Use of land (1) In general Any land conveyed to the State under subsection (a) shall be used only for— (A) the conservation of wildlife or natural resources; or (B) a public park. (2) Facilities Any facility on the land conveyed under subsection (a) shall be constructed and managed in a manner consistent with the uses described in paragraph (1). (e) Reversion If any portion of the land conveyed under subsection (a) is used in a manner that is inconsistent with the uses described in subsection (d), that land shall, at the discretion of the Secretary concerned, revert to the United States. 302. Concessionaires at the Round Hill Pines Management Area and Dreyfus Estate Management Area (a) Prospectus Subject to subsection (b), not later than 60 days after the date of enactment of this Act, the Secretary of Agriculture shall make publicly available a prospectus to solicit one or more concessionaires for— (1) the approximately 200 acres of land as generally depicted on the Map as Round Hill Pines Resort (2) the approximately 416 acres of land as generally depicted on the Map as Zephyr Shoals (b) Exclusions (1) Special use permits This section shall not apply to any land or portion of land described in subsection (a) for which a concessionaire has a contract to operate under a special use permit issued before the date of enactment of this Act. (2) Prior prospectuses This section shall not apply to any land or portion of land described in subsection (a) for which the Secretary of Agriculture has made publicly available before the date of enactment of this Act a prospectus for that land or portion of land. (c) Consultation In carrying out this section, the Secretary of Agriculture shall consult with the Tribe, the County, the State, and other interested parties— (1) to satisfy any requirement under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 (2) to prepare for the orderly and smooth transition of the operation of the land described in subsection (a) to one or more concessionaires. (d) Treatment of proceeds Any fees received under a concession contract under this section shall remain available to the Forest Service, until expended, without further appropriations, for use within the Lake Tahoe Basin Management Unit under the authorities provided by the Act of April 24, 1950 (commonly known as the Granger-Thye Act (e) Administrative jurisdiction transfer (1) In general If the Secretary of Agriculture has not entered into a concession contract for the land described in subsection (a) by the date that is 2 years after the date on which the prospectus is published under that subsection, consistent with section 3(a) of Public Law 96–586 Santini-Burton Act (2) Exception If the Secretary of Agriculture has taken steps to enter into a concession contract for the land described in subsection (a), including substantial completion of any requirement under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 (3) Costs Any costs relating to a transfer under paragraph (1), including any costs for surveys and other administrative costs, shall be paid by the Secretary of Agriculture. (4) Use of land Any property transferred to the County under paragraph (1) shall— (A) be managed by the County— (i) to maintain undeveloped open space; (ii) to preserve the natural characteristics of the land in perpetuity; and (iii) to protect and enhance water quality, stream environment zones, and important wildlife habitat; and (B) be used for diverse recreation opportunities or other public purposes consistent with the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act 43 U.S.C. 869 et seq. (5) Reversion If any land or portion of land transferred under this section is used in a manner that is inconsistent with this section, the parcel of land shall, at the discretion of the Secretary of Agriculture, revert to the United States. 303. Transfer of administrative jurisdiction from the Forest Service to the State, county, or unit of local government for public purposes (a) In general Consistent with section 3(b) of Public Law 96–586 Santini-Burton Act (b) Description of land The land referred to in subsection (a) is any Forest Service land that is within the boundaries of the area subject to acquisition that is unsuitable for Forest Service administration or necessary for a public purpose, as depicted on the map entitled Douglas County Conservation Act of 2013 (c) Use of land The land transferred under subsection (a) shall— (1) be managed by the State, County, or unit of local government to maintain undeveloped open space and to preserve the natural characteristics of the transferred land in perpetuity; (2) be managed by the State, County, or unit of local government to protect and enhance water quality, stream environment zones, and important wildlife habitat; and (3) be used by the State, County, or unit of local government for recreation or other public purposes consistent with the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act (d) Reversion If a parcel of land transferred under subsection (a) is used in a manner that is inconsistent with the use described for the parcel of land in subsection (c), the parcel of land shall, at the discretion of the Secretary, revert to the United States. (e) Legal description and map As soon as practicable after the date of enactment of this Act, the Secretary concerned shall prepare a map and legal description of the land transferred under subsection (a). 304. Conveyance and lease to Douglas County, Nevada (a) Definition of map In this section and section 305, the term Map Douglas County, Nevada (b) Authorization of conveyance Notwithstanding section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 (1) convey to the County, without consideration, all right, title, and interest of the United States in and to the land described in subsection (b); and (2) lease to the County, without consideration, the approximately 5,232 acres of land identified on the Map as BLM Flood Control (c) Description of land The land referred to in subsection (b)(1) consists of— (1) the approximately 5,441 acres of land as generally depicted on the Map as Flood Control and Management (2) the approximately 45 acres of land as generally depicted on the Map as Water Resource Infrastructure (3) the approximately 2,263 acres of land as generally depicted on the Map as Recreation and Public Purposes (4) the approximately 815 acres of land as generally depicted on the Map as Forest Service recreation parcels. (d) Costs Any costs relating to the conveyance under subsection (b)(1), including any costs for surveys and other administrative costs, shall be paid by the Secretary of the Interior. (e) Use of land (1) Flood control and management area (A) In general The land described in subsection (c)(1) shall be managed by the County for— (i) any infrastructure project required for municipal water and flood management activities; (ii) fuels reduction projects; (iii) recreation, including the construction of trails and trailhead facilities; (iv) the use of motorized vehicles on designated roads, trails, and areas; (v) undeveloped open space, customary agricultural practices, wildlife protection; and (vi) the preservation of the natural characteristics of the land, in perpetuity. (B) Reversion If the land described in subsection (c)(1) is used in a manner that is inconsistent with the uses described in this paragraph, the land shall, at the discretion of the Secretary concerned, revert to the United States. (2) Water resource infrastructure (A) In general The land described in subsection (c)(2) shall be managed by the County for— (i) any infrastructure project required for municipal water and flood management activities; (ii) fuels reduction projects; (iii) passive recreation; (iv) undeveloped open space and wildlife protection; and (v) the preservation of the natural characteristics of the land, in perpetuity. (B) Reversion If the land described in subsection (c)(2) is used in a manner that is inconsistent with the uses described in this paragraph, the land shall, at the discretion of the Secretary concerned, revert to the United States. (3) Recreation and public purposes (A) In general The land described in subsection (c)(3) shall be managed by the County for— (i) undeveloped open space; and (ii) recreation or other public purposes consistent with the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act (B) Reversion If the land described in subsection (c)(3) is used in a manner that is inconsistent with the uses described in this paragraph, the land shall, at the discretion of the Secretary concerned, revert to the United States. (4) Forest service recreation (A) In general The land described in subsection (c)(4) shall be managed by the County for— (i) undeveloped open space; (ii) customary agricultural practices; (iii) wildlife protection; and (iv) the preservation of the natural characteristics of the land, in perpetuity. (B) Reversion If the land described in subsection (c)(4) is used in a manner that is inconsistent with the uses described in this paragraph, the land shall, at the discretion of the Secretary concerned, revert to the United States. 305. Sale of certain Federal land (a) In general Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 (b) Description of land The Federal land referred to in subsection (a) consists of— (1) the approximately 287 acres of public lands as generally depicted on the Map as BLM Lands for Conveyance (2) not more than 10,000 acres of land in the County that— (A) is not segregated or withdrawn on or after the date of enactment of this Act, unless the land is withdrawn in accordance with subsection (g); and (B) is identified for disposal by the Secretary concerned through— (i) the Carson City Consolidated Resource Management Plan; or (ii) any subsequent amendment to the management plan that is undertaken with full public involvement. (c) Joint selection required The Secretary concerned and the County shall jointly select which Federal land described in subsection (b)(2) to offer for sale under subsection (a). (d) Compliance with local planning and zoning laws Before carrying out a sale of Federal land under subsection (a), the County shall submit to the Secretary concerned a certification that qualified bidders have agreed to comply with— (1) County zoning ordinances; and (2) any master plan for the area approved by the County. (e) Method of sale; consideration The sale of Federal land under subsection (a) shall be— (1) through a competitive bidding process, unless otherwise determined by the Secretary concerned; and (2) for not less than fair market value. (f) Recreation and public purposes act conveyances (1) In general Not later than 30 days before any land described in subsection (b)(2)(B) is offered for sale under subsection (a), the State or County may elect to obtain the land for public purposes in accordance with the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act 43 U.S.C. 869 et seq. (2) Retention Pursuant to an election made under paragraph (1), the Secretary concerned shall retain the elected land for conveyance to the State or County in accordance with the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act 43 U.S.C. 869 et seq. (g) Withdrawal (1) In general Subject to valid existing rights and except as provided in paragraph (2), the Federal land described in subsection (b) is withdrawn from— (A) all forms of entry and appropriation under the public land laws and mining laws; (B) location and patent under mining laws; and (C) operation of the mineral laws, geothermal leasing laws, and mineral material laws. (2) Exception Paragraph (1)(A) shall not apply to a sale made consistent with this section or an election by the County or the State to obtain the land described in subsection (b) for public purposes under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act (h) Deadline for sale (1) In general Except as provided in paragraph (2), not later than 1 year after the date of enactment of this Act, if there is a qualified bidder for the land described in subsection (b), the Secretary concerned shall offer the land for sale to the qualified bidder. (2) Postponement; exclusion from sale At the request of the County, the Secretary concerned may temporarily postpone or exclude from the sale all or a portion of the land described in subsection (b). (i) Disposition of proceeds (1) In general Of the proceeds from the sale of land under this section— (A) 5 percent shall be disbursed to the State for use by the State for general education programs of the State; (B) 10 percent shall be disbursed to the County for use by the County to implement the County Open Space and Agricultural Implementation Plan; and (C) 85 percent shall be deposited in a special account in the Treasury of the United States, to be known as the Douglas County Special Account (i) to reimburse costs incurred by the Secretary concerned in preparing for the sale of the land described in subsection (b), including— (I) the costs of surveys and appraisals; and (II) compliance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (ii) to reimburse costs incurred by the Bureau of Land Management and the Forest Service in preparing for and carrying out the transfers of land to be held in trust by the United States under title II; and (iii) to acquire environmentally sensitive land or an interest in environmentally sensitive land in the County, pursuant to the Douglas County Open Space and Agricultural Lands Preservation Implementation Plan that is undertaken with full public involvement. (j) Availability of funds Section 4(e) of the Southern Nevada Public Land Management Act of 1998 ( Public Law 105–263 (1) in paragraph (3)(A)(iv), by striking Clark, Lincoln, and White Pine Counties and Washoe County (subject to paragraph 4)) and Carson City (subject to paragraph (5)) Clark, Lincoln, and White Pine Counties, Washoe County (subject to paragraph (4)), Carson City subject to paragraph (5)), and Douglas County (subject to paragraph (6)) (2) in paragraph (3)(A)(v), by striking Clark, Lincoln, and White Pine Counties and Carson City (subject to paragraph (5)) Clark, Lincoln, and White Pine Counties, Washoe County (subject to paragraph (4)), Carson City (subject to paragraph (5)), and Douglas County (subject to paragraph (6)) (3) by adding at the end the following: (6) Limitation for douglas county Douglas County shall be eligible to nominate for expenditure amounts to acquire land or an interest in land for parks, trails, or natural areas and for conservation initiatives— (A) within the Carson River watershed; (B) within the Walker River watershed; or (C) for the protection of sage grouse. .

Douglas County Conservation Act of 2013

Clean Vehicle Corridors Act - Requires the Secretary of Transportation (DOT) to: (1) designate at least five Clean Vehicle Corridors along federal highways, interstates, or other contiguous highways after consulting with specified agencies; and (2) encourage the addition of cleaner alternative fuel options and other supporting infrastructure along the corridors and the inclusion of existing and private facilities in the corridor. Defines &quot;cleaner alternative fuels&quot; to include: (1) compressed natural gas, (2) liquefied natural gas, (3) liquefied petroleum gas (also known as propane), (4) plug-in electric, (5) advanced biofuels, and (6) hydrogen. Authorizes the Secretary to provide waivers of statutory restrictions for cleaner alternative fuel projects and vehicles along Clean Vehicle Corridors. Requires the Secretary to: (1) maintain a publicly accessible website containing information and resources for corridors, (2) identify best practices and case studies of communities and complementary programs that have successfully promoted cleaner alternative fuel use in consultation with federal agencies, tribes, states, and Clean Cities, (3) identify all existing technical and financial mechanisms available to promote the development of cleaner alternative fuel infrastructure, and (4) collaborate with the Secretary of Energy (DOE) and all relevant Clean Vehicle Corridor stakeholders to collect data on cleaner alternative fueling station usage patterns. Authorizes: (1) two or more contiguous states to enter into an interstate compact to establish Clean Vehicle Corridor partnerships to facilitate planning for and siting of necessary facilities within those states; and (2) the Secretary, in consultation with the DOE Secretary, the Secretary of Commerce, the Secretary of the Interior, and the Administrator of the Environmental Protection Agency (EPA), to provide technical assistance to interstate compact partnerships.

To foster market development of clean energy fueling facilities by steering infrastructure installation toward designated Clean Vehicle Corridors. 1. Short title This Act may be cited as the Clean Vehicle Corridors Act 2. Findings Congress makes the following findings: (1) Traditional transportation refueling networks are well-established, but market uncertainties continue to hamper the full use of cleaner alternative domestic energy resources. (2) Despite considerable investor interest, higher capital costs and an uncertain consumer base has limited expansion of cleaner alternative refueling options and its customer base. (3) Reduced emissions and energy independence are important factors at a National level, but they are not a sufficient inducement to create large-scale changes. (4) While American-made fuels provide many energy security and environmental benefits, a significant portion of imported oil continues to be consumed as diesel fuel in on-road motor vehicles. (5) Motor vehicles fueled by domestically generated, cleaner alternative transportation fuels, such as compressed natural gas, liquefied natural gas, propane, electricity, hydrogen, and advanced biofuels, can pay for themselves over time, but sales of such vehicles, other than return-to-base vehicles, have been hampered because of insufficient refueling infrastructure. (6) Simultaneous facilitation of infrastructure development and a robust customer base is needed to avoid penalizing current users or early adopters. (7) Facilitating focused infrastructure development along designated routes will foster an expansion of cleaner alternative fuel vehicles and increase the likelihood for commercial success. (8) Eliminating the logistical barriers that are delaying infrastructure development along Clean Vehicle Corridors will— (A) provide cleaner alternative refueling stations with a larger customer base; (B) attract more buyers to the purchase of clean vehicles; and (C) provide new market outlets for clean fuel providers. 3. Purposes The purposes of this Act are— (1) to provide market certainty to drive private and commercial capital investment in clean transportation options; (2) to promote clean transportation technologies that will— (A) lead to increased diversity and dissemination of cleaner alternative fuel options; and (B) enable the United States to bridge the gap from foreign energy imports to secure, domestically produced energy; and (3) to facilitate clean transportation incentives that will— (A) attract a critical mass of clean transportation vehicles that will give cleaner alternative fueling stations an assured customer base and market certitude; (B) provide for ongoing increases in energy demands; (C) support the growth of jobs and businesses in the United States; (D) reduce emissions by motor vehicles; (E) decrease our Nation's use of foreign oil; and (F) encourage innovation in transportation energy and technology. 4. Definitions In this Act: (1) Cleaner alternative fuels The term cleaner alternative fuels (A) compressed natural gas; (B) liquefied natural gas; (C) liquefied petroleum gas (also known as propane); (D) plug-in electric; (E) advanced biofuels (as defined in section 211(o)(1)(B)(i) of the Clean Air Act (42 U.S.C. 7545(o)(1)(B)(i)); (F) hydrogen; and (G) other fuels designated by the Secretary. (2) Clean cities The term Clean Cities Public Law 100–494 Public Law 102–486 (3) Highways The term highways (A) the National Highway System, as established by the Federal Highway Administration; (B) the Dwight D. Eisenhower National System of Interstate and Defense Highways; (C) the National Truck Network, as authorized by the Surface Transportation Assistance Act of 1982 ( Public Law 97–424 (D) other roadways most critical to trucks as determined by the Office of Freight Management and Operations in the Federal Highway Administration and authorized by the Moving Ahead for Progress in the 21st Century Act (MAP–21) (Public Law 112–141). (4) Supporting infrastructure The term supporting infrastructure 5. Clean Vehicle Corridors Program (a) Corridor designations (1) In general Not later than 1 year after the date of the enactment of this Act, the Secretary of Transportation (referred to in this section as the Secretary Clean Vehicle Corridors (2) Consultation Before making a designation under paragraph (1), the Secretary shall— (A) consult with the Secretary of Energy regarding the analysis of data collected by both agencies at cleaner alternative fueling projects authorized by this Act and other Acts to better understand usage patterns and petroleum displacement to inform Corridor designation; (B) receive approval from the Secretary of Energy; (C) consult with the Secretary of Commerce, the Secretary of the Interior, and the Administrator of the Environmental Protection Agency; (D) consult with State, Tribal, and local governments through whose jurisdictions the proposed corridor runs or abuts; (E) gather information from Federal, State, Tribal, and local governments, nongovernmental organizations, businesses, Clean Cities, and individuals to help determine which highways should be included in the corridors designated under paragraph (1); (F) consider existing programs, whether Federal, State, Tribal, local, or private, which can be leveraged to achieve the purposes of this Act; (G) give preference to corridors that connect Clean Cities, as designated by the Department of Energy; and (H) give consideration to air quality nonattainment areas, as determined by the Administration of the Environmental Protection Agency. (b) Infrastructure development for cleaner alternative fuels (1) In general The Secretary of Transportation shall encourage the addition of cleaner alternative fuel options and other supporting infrastructure along Clean Vehicle Corridors. These refueling stations should provide at least 1 cleaner alternative fuel and allow any motor vehicle that operates on such fuels to refuel at distances comfortably within 1 tank range without the need for prior arrangement. Existing and private facilities should be encouraged to be included in the Clean Vehicle Corridors network. (2) Incentives To promote Clean Vehicle Corridors, the Secretary may provide waivers to statutory restrictions for cleaner alternative fuel projects and vehicles along Clean Vehicle Corridors, including— (A) modifying HOV/HOT lane restrictions under section 166 (B) modifying weight limits under section 127 (C) deeming Clean Vehicle Corridor projects designated under subsection (a) as eligible projects for an increased Federal funding share under section 1116 of the Moving Ahead for Progress in the 21st Century Act (MAP–21) ( Public Law 112–141 (D) allowing owners and operators of publicly owned supporting infrastructure to designate parking spaces that are conveniently located near major facilities for use by vehicles that use cleaner alternative fuels; (E) allowing the inclusion of cleaner alternative fueling infrastructure projects in State energy conservation plans, in accordance with section 362(d)(5) of the Energy Policy and Conservation Act ( 42 U.S.C. 6322(d)(5) (F) giving areas surrounding Clean Cities a priority preference for Department of Energy funding opportunities. (c) Information and resources on Clean Vehicle Corridors (1) Website (A) In general The Secretary of Transportation shall maintain a publicly accessible website containing information and resources for Clean Vehicle Corridors. (B) Best practices The Secretary, in consultation with Federal agencies, Tribes, States, and Clean Cities, shall— (i) identify best practices and case studies of communities and complementary programs that have successfully promoted cleaner alternative fuel use; and (ii) post the information described in clause (i) on the website referred to in subparagraph (A). (C) Available mechanisms The Secretary shall— (i) identify all existing technical and financial mechanisms available to promote the development of cleaner alternative fuel infrastructure; and (ii) post the information described in clause (i) on the website referred to in subparagraph (A). (D) Hyperlink The Secretary shall ensure that the website referred to in subparagraph (A) is linked to the Alternative Fuels Data Center maintained by the Department of Energy. (2) Data gathering The Secretary shall collaborate with the Secretary of Energy and all relevant Clean Vehicle Corridor stakeholders to collect data on cleaner alternative fueling station usage patterns, including energy consumption, performance, petroleum displacement, and other factors deemed important by the Secretaries to inform Corridor designation and performance. (3) Interstate compacts (A) Establishment Two or more contiguous States may enter into an interstate compact to establish Clean Vehicle Corridor partnerships to facilitate planning for and siting of necessary facilities within those States. (B) Technical assistance (i) In general The Secretary, in consultation with the Secretary of Energy, the Secretary of Commerce, the Secretary of the Interior, and the Administrator of the Environmental Protection Agency, may provide technical assistance to interstate compact partnerships established pursuant to subparagraph (A). (ii) Federal authority Nothing contained in clause (i) or in any compact may be construed— (I) to limit the applicability of any Federal law; (II) to diminish or otherwise impair the jurisdiction of any Federal agency; or (III) to alter, amend, or otherwise affect any Federal law governing the judicial review of any action taken pursuant to any compact. (C) Congressional review Each compact established pursuant to subparagraph (A) shall acknowledge that Congress may withdraw its consent under this paragraph every 3 years after the compact has taken effect.

Clean Vehicle Corridors Act

Amends title XVIII (Medicare) of the Social Security Act to delay implementation of Round 2 of the Medicare DMEPOS (Durable Medical Equipment, Prosthetics, Orthotics, and Supplies) competitive acquisition program (for the furnishing to Medicare beneficiaries of competitively priced items and services) for competitive acquisition areas in Tennessee. Terminates contracts already awarded with respect to such areas in Tennessee, and prohibits any payments based on such a contract. Requires any damages resulting from contract terminations to be paid from the Federal Supplementary Medical Insurance Trust Fund. Directs the Secretary of Health and Human Services (HHS) to conduct a rebid of the competition for such round in such areas as soon as possible in accordance with the requirements of this Act, including the requirement that suppliers meet state licensing requirements. Requires the Secretary, in the case of any such new competition, to impose a civil monetary penalty of $10,000 on the entity contracted to implement the competitive bidding program for each instance in which information that entity supplies is incorrect and results in the award of a contract to a supplier in such an area to a supplier not licensed by the state of Tennessee.

To amend title XVIII of the Social Security Act to delay the implementation of round 2 of the Medicare DMEPOS Competitive Acquisition Program for competitive acquisition areas in Tennessee, and for other purposes. 1. Delay in implementation of round 2 of Medicare DMEPOS Competitive Acquisition Program for competitive acquisition areas in Tennessee Section 1847(a)(1) of the Social Security Act ( 42 U.S.C. 1395w–3(a)(1) (G) Delay in implementation of round 2 for competitive acquisition areas in Tennessee Notwithstanding any other provision of this section and in implementing the second round of the competitive acquisition programs under this section described in subparagraph (B)(i)(II) with respect to competitive acquisition areas in Tennessee, the following shall apply: (i) The contracts awarded under this section before the date of the enactment of this subparagraph with respect to competitive acquisition areas in Tennessee for such round are terminated, no payment shall be made under this title on or after the date of the enactment of this subparagraph based on such a contract, and, to the extent that any damages may be applicable as a result of the termination of such contracts, such damages shall be payable from the Federal Supplementary Medical Insurance Trust Fund under section 1841. Nothing in this clause shall be construed to provide an independent cause of action or right to administrative or judicial review with regard to the termination provided under this clause. (ii) The Secretary shall as soon as possible conduct a rebid of the competition for such round in such areas in accordance with the requirements of this section, including the requirement that suppliers meet State licensing requirements. (iii) Such round shall be implemented in such areas as soon as possible after the conduct of the rebid under clause (ii). (iv) (I) In the case of any competition in such areas for which bids are requested on or after the date of enactment of this subparagraph, the Secretary shall impose a civil money penalty in the amount of $10,000 on the entity contracted to implement the competitive bidding program under this section for each instance in which information supplied by the entity— (aa) is incorrect; and (bb) results in the Secretary awarding a contract to a supplier under the competition in such areas to a supplier not licensed by the State of Tennessee. (II) Any penalty under subclause (I) shall be imposed and collected in the same manner as civil money penalties under subsection (a) of section 1128A are imposed and collected under that section. .

A bill to amend title XVIII of the Social Security Act to delay the implementation of round 2 of the Medicare DMEPOS Competitive Acquisition Program for competitive acquisition areas in Tennessee, and for other purposes.

Refinancing Education Funding to Invest (REFI) for the Future Act of 2013 - Directs the Secretary of the Treasury, upon determining that borrowers are unable to secure adequate credit accommodations with existing private education loans, to establish credit facilities to: (1) accommodate reasonable loan adjustments that reduce the likelihood that borrowers become delinquent or default on their loans, (2) benefit borrowers that are most likely to have private student debt service obligations that represent a disproportionate share of their income, and (3) ensure that borrowers pay lower interest rates that are commensurate with credit risk so that they can pursue more economically productive activities. Requires the decision that borrowers are unable to secure adequate credit accommodations to be made by the Secretary jointly with the Secretary of Education and the Bureau of Consumer Financial Protection (CFPB). Prohibits the establishment of such credit mechanisms from resulting in any net cost to the federal government. Directs the Secretary of the Treasury to conduct a national awareness campaign to alert all private education loan borrowers who may benefit from those credit facilities or programs. Terminates any activities initiated through such a credit facility three years after such facility is established or not later than five years after this Act's enactment. Expresses the sense of the Congress that federal financial institutions and federally chartered private entities should consider the timely use of their available authorities to assist borrowers of private education loans in refinancing such loans in a manner that results in no increased costs to taxpayers.

To provide for the establishment of a mechanism to allow borrowers of private education loans to refinance their loans, and for other purposes. 1. Short title This Act may be cited as the Refinancing Education Funding to Invest (REFI) for the Future Act of 2013 2. Findings and purpose (a) Findings Congress finds that— (1) there is approximately $1,100,000,000,000 of outstanding student loan debt in the United States, including more than $150,000,000,000 in private education loans; (2) as of 2008, 81 percent of individuals graduating with an undergraduate degree with more than $40,000 in student loans had a private education loan; (3) the limited number of lenders in the private education loan marketplace reduce the ability of borrowers with private education loans to restructure, refinance, or negotiate repayment terms for their current loans, leading to excessive debt burdens and potential default; and (4) excessive student indebtedness reduces economic activity, threatens homeownership, hurts small business growth, and limits opportunities for economic expansion in rural communities. (b) Purpose The purpose of this Act is to spur economic growth, by establishing a mechanism to allow borrowers of private education loans to refinance their loans in order— (1) to facilitate greater competition in the private education lending and refinancing markets; (2) to address inefficiencies in the private education lending and refinancing markets; (3) to encourage innovation in the private education refinancing markets; and (4) to promote the participation of private capital in the private education refinancing markets. 3. Definitions In this Act— (1) the term private education loan 15 U.S.C. 1650(a) (2) the term Secretary 4. Temporary authority to create a credit facility to increase market efficiency in the student loan market (a) Authority (1) In general (A) Credit facilities authorization Upon a determination by the Secretary that borrowers are unable to secure adequate credit accommodations with existing private education loans, the Secretary, notwithstanding any provision of section 484 of the Higher Education Act of 1965 ( 20 U.S.C. 1091 (i) accommodate reasonable refinancing opportunities or other loan adjustments that— (I) improve the sustainability of payments for the borrower; and (II) reduce the likelihood of delinquency and default on private education loans; (ii) benefit borrowers that are most likely to have private student debt service obligations that represent a disproportionate share of their income; and (iii) ensure that borrowers pay lower interest rates that are commensurate with credit risk, so that they may pursue more economically productive activities, such as home purchases and small business formation. (B) Consultation (i) In general Any determination under subparagraph (A) shall be made jointly with the Secretary of Education and the Director of the Bureau of Consumer Financial Protection. (ii) Compliance system Prior to establishing a facility under this subsection, the Secretary, or any administrator designated by the Secretary to establish a program to carry out the authority provided in this subsection, shall establish a compliance system in consultation with the Bureau of Consumer Financial Protection. (2) No net cost to Government Mechanisms established under this subsection shall not result in any net cost to the Federal Government, as determined jointly by the Secretary, the Secretary of Education, and the Director of the Office of Management and Budget. (b) Federal Register notice Prior to exercising any authority provided under subsection (a), the Secretary shall publish a notice in the Federal Register to seek comment from interested parties on its proposed exercise of such authority, including— (1) the terms and conditions governing the lending, purchases, or other credit facilities authorized by subsection (a); (2) an outline of methodology and factors considered in the purchase or restructuring of private education loans; (3) private education loan modification options that may be available for existing loans; (4) how they will ensure that borrowers whose education debt service obligations represent a disproportionate share of their income will be provided relief; and (5) how the use of the methodology and factors, as proposed in the notice, will be used to ensure that any exercise of authority by the Secretary will result in no net cost to the Federal Government. (c) Initial report Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report that includes— (1) a plan of the Secretary to implement credit mechanisms under the authority of this Act; (2) a description of macroeconomic benefits of increased efficiency and refinance activity in the student loan market; and (3) a description of the benefits through the use of such authority to private education loan borrowers, including how any incidental net gain from the credit mechanism would be used to benefit student borrowers. (d) Annual reports Beginning 1 year after the date of the first use of the authority provided under this section, the Secretary shall provide an annual report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives describing the utilization, impact, and financial performance of any program established under the authority of this section. (e) Public awareness Not later than 60 days after the date of publication of a notice in the Federal Register pursuant to subsection (b), the Secretary, in consultation with the Secretary of Education and the Director of the Bureau of Consumer Financial Protection, shall begin a national awareness campaign to alert all private education loan borrowers who may benefit from any program or facilities established under this section. Such campaign shall include outreach to targeted populations of borrowers that are most likely to have private education loan debt service obligations that represent a disproportionate share of their income. (f) Expiration of authority Three years after the date on which a credit facility is established under this Act, and not later than 5 years after the date of enactment of this Act, any new lending, purchase, or other activity initiated through the facilities established by the Secretary under subsection (a) shall cease. 5. Sense of Congress It is the sense of Congress that the Federal financial institutions, such as the Federal Financing Bank and the Federal Reserve banks, and federally chartered private entities, such as the Federal home loan banks, should consider, in consultation with the Secretary and the Secretary of Education, using available authorities in a timely manner, if needed, to assist in ensuring that borrowers of private education loans can secure credit accommodations to refinance existing loans, in a manner that results in no increased costs to taxpayers.

Refinancing Education Funding to Invest (REFI) for the Future Act of 2013

Qualifying Renewable Chemical Production Tax Credit Act of 2013 - Amends the Internal Revenue Code to allow a business-related tax credit for the production of renewable chemicals.&nbsp; Defines "renewable chemical" as any chemical that is: (1) produced in the United States from renewable biomass; (2) sold or used by the taxpayer as polymers, plastics, or formulated products or for the production of polymers, plastics, or formulated products; and (3) not sold or used for the production of any food, feed, or fuel.&nbsp; Exempts certain chemicals, including those with a biobased content of less than 25%. Directs the Secretary of Agriculture to establish a five-year program to allocate credit amounts. Limits the total amount of allocable credits under such program to $500 million, with a limit of $25 million to any taxpayer in any taxable year.

To cut taxes for innovative businesses that produce renewable chemicals. 1. Short title This Act may be cited as the Qualifying Renewable Chemical Production Tax Credit Act of 2013 2. Credit for the production of renewable chemicals (a) In general Subpart D of part IV of subchapter A of chapter 1 45S. Credit for production of renewable chemicals (a) In general For purposes of section 38, the renewable chemicals production credit for any taxable year is an amount (determined separately for each renewable chemical produced by the taxpayer) equal to $0.15 per pound of eligible content of renewable chemical produced by the taxpayer during the taxable year. (b) Limitation The credit determined under subsection (a) with respect to any renewable chemical produced by any taxpayer during any taxable year shall not exceed the credit amount allocated by the Secretary to the taxpayer with respect to such chemical for such taxable year under subsection (e). (c) Eligible content For purposes of this section— (1) In general The term eligible content (2) Biobased content percentage The term biobased content percentage (d) Renewable chemical For purposes of this section— (1) In general The term renewable chemical (A) is produced by the taxpayer in the United States (or in a territory or possession of the United States) from renewable biomass, (B) is sold, or used, by the taxpayer— (i) for the production of polymers, plastics, or formulated products, or (ii) as polymers, plastics, or formulated products, and (C) is not sold or used for the production of any food, feed, or fuel. (2) Exceptions Such term shall not include any chemical if— (A) the biobased content percentage of such chemical is less than 25 percent, (B) 10,000,000 pounds or more of such chemical was produced during calendar year 2000 from renewable biomass, (C) such chemical is not either the product of, or reliant upon, biological conversion, thermal conversion, or a combination of biological and thermal conversion, of renewable biomass, or (D) such chemical is composed of renewable chemicals that are eligible for a credit under this section. (3) Renewable biomass The term renewable biomass 7 U.S.C. 8101(12) (e) Allocation of credit amounts (1) In general Not later than 180 days after enactment of this section, the Secretary, in consultation with the Secretary of Agriculture, shall establish a program to allocate credit amounts under this section to applicants for taxable years. (2) Limitations (A) Aggregate limitation The total amount of credits that may be allocated under such program shall not exceed $500,000,000. (B) Taxpayer limitation The amount of credits that may be allocated to any taxpayer for any taxable year under such program shall not exceed $25,000,000. For purposes of the preceding sentence, all persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one person. (3) Selection criteria In determining which taxpayers to make allocations of credit amount under this section, the Secretary shall take into consideration— (A) the number of jobs created and maintained (directly and indirectly) in the United States (including territories and possessions of the United States) as result of such allocation during the credit period and thereafter, (B) the degree to which the production of the renewable chemical demonstrates reduced dependence on imported feedstocks, petroleum, non-renewable resources, or other fossil fuels, (C) the technological innovation involved in the production method of the renewable chemical, (D) the energy efficiency and reduction in lifecycle greenhouse gases of the renewable chemical or of the production method of the renewable chemical, and (E) whether there is a reasonable expectation of commercial viability. (4) Redistribution If a credit amount allocated to a taxpayer for a taxable year with respect to any renewable chemical (determined without regard to this paragraph) exceeds the amount of the credit with respect to such chemical determined under this section on the taxpayer’s return for such taxable year— (A) the credit amount allocated to such taxpayer for such taxable year with respect to such renewable chemical shall be treated as being the amount so determined on the taxpayer’s return, and (B) such excess may be reallocated by the Secretary consistent with the requirements of paragraphs (2)(B) and (3). (5) Disclosure of allocations The Secretary shall, upon making an allocation of credit amount under this section, publicly disclose the identity of the applicant and the amount of the credit with respect to such applicant. (f) Termination Notwithstanding any other provision of this section, the Secretary may not allocate any credit amount under this section to any taxable year which begins more than 5 years after the date of the enactment of this section. . (b) Credit To be part of general business credit (1) In general Subsection (b) of section 38 of such Code is amended by striking plus , plus (37) the renewable chemicals production credit determined under section 45S(a). . (2) Credit allowable against alternative minimum tax Subparagraph (B) of section 38(c)(4) of such Code is amended by redesignating clauses (vii) through (ix) as clauses (viii) through (x), respectively, and by inserting after clause (vi) the following new clause: (vii) the credit determined under section 45S, . (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 45S. Credit for production of renewable chemicals. . (d) Effective date The amendments made by this section shall apply to chemicals produced after the date of the enactment of this Act, in taxable years ending after such date.

Qualifying Renewable Chemical Production Tax Credit Act of 2013

Approves, with specified exceptions, the agreement and appendices signed by the United States and the Republic of Palau on September 3, 2010, in connection with the Compact of Free Association between the United States and Palau. Provides that, if Palau withdraws more than $5 million from the trust fund set up by the Compact in any of FY2011-FY2014, certain amounts will be withheld from Palau until it reimburses the fund for the total amounts withdrawn that exceeded $5 million in any of those fiscal years. Authorizes appropriations to: (1) subsidize postal services to Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia for FY2014-FY2024, and (2) carry out specified federal responsibilities under the Compact. Repeals specified offset requirements. Provides funding through FY2023 for: (1) the trust fund, and (2) economic assistance. Provides funding through FY2024 to create an Infrastructure Maintenance Fund for routine and periodic maintenance of major capital improvement projects. (Requires Palau to provide specified quarterly amounts for the Fund.) Provides funding through FY2016 for infrastructure projects. Revises passport requirements.

To approve an agreement between the United States and the Republic of Palau. 1. Approval of the agreement between the United States and the Republic of Palau (a) Definitions In this section: (1) Agreement The term Agreement (2) Compact of free association The term Compact of Free Association 48 U.S.C. 1931 (b) Results of compact review (1) In general Title I of Public Law 99–658 48 U.S.C. 1931 et seq. 105. Results of compact review (a) In general The Agreement and appendices signed by the United States and the Republic of Palau on September 3, 2010 (referred to in this section as the Agreement 48 U.S.C. 1931 Public Law 99–658 Compact of Free Association (1) except for the extension of article X of the Agreement Regarding Federal Programs and Services, and Concluded Pursuant to article II of title II and section 232 of the Compact of Free Association; and (2) subject to the provisions of this section. (b) Withholding of funds If the Republic of Palau withdraws more than $5,000,000 from the trust fund established under section 211(f) of the Compact of Free Association in any of fiscal years 2011, 2012, or 2013, amounts payable under sections 1, 2(a), 3, and 4(a), of the Agreement shall be withheld from the Republic of Palau until the date on which the Republic of Palau reimburses the trust fund for the total amounts withdrawn that exceeded $5,000,000 in any of those fiscal years. (c) Funding for certain provisions under Section 105 of compact of free association Within 30 days of enactment of this section, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of the Interior such sums as are necessary for the Secretary of the Interior to implement sections 1, 2(a), 3, 4(a), and 5 of the Agreement, which sums shall remain available until expended without any further appropriation. (d) Authorizations of appropriations There are authorized to be appropriated— (1) to the Secretary of the Interior to subsidize postal services provided by the United States Postal Service to the Republic of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia $1,500,000 for each of fiscal years 2014 through 2024, to remain available until expended; and (2) to the head of each Federal entity described in paragraphs (1), (3), and (4) of section 221(a) of the Compact of Free Association (including the successor of each Federal entity) to carry out the responsibilities of the Federal entity under section 221(a) of the Compact of Free Association such sums as are necessary, to remain available until expended. . (2) Offset Section 3 of the Act of June 30, 1954 (68 Stat. 330, 82 Stat. 1213, chapter 423), is repealed. (c) Payment schedule; withholding of funds; funding (1) Compact section 211(f) Section 1 of the Agreement shall be construed as though the section reads as follows: 1. Compact section 211( f The Government of the United States of America (the Government of the United States (1) $11,000,000 in fiscal year 2014; (2) $3,000,000 in each of fiscal years 2015 through 2017; (3) $2,000,000 in each of fiscal years 2018 through 2022; and (4) $250,000 in fiscal year 2023. . (2) Infrastructure maintenance fund Subsection (a) of section 2 of the Agreement shall be construed as though the subsection reads as follows: (a) The Government of the United States shall provide a grant of $6,912,000 for fiscal year 2014 and a grant of $2,000,000 annually from the beginning of fiscal year 2015 through fiscal year 2024 to create a trust fund (the Infrastructure Maintenance Fund . (3) Fiscal consolidation fund Section 3 of the Agreement shall be construed as though the section reads as follows: 3. Fiscal consolidation fund The Government of the United States shall provide the Government of Palau $10,000,000 in fiscal year 2014 for deposit in an interest bearing account to be used to reduce government arrears of Palau. Implementation of this section shall be carried out in accordance with the provisions of Appendix B to this Agreement. . (4) Direct economic assistance Subsection (a) of section 4 of the Agreement shall be construed as though the subsection reads as follows: (a) In addition to the economic assistance of $13,147,000 provided to the Government of Palau by the Government of the United States in each of fiscal years 2010, 2011, 2012, and 2013, and unless otherwise specified in this Agreement or in an Appendix to this Agreement, the Government of the United States shall provide the Government of Palau $69,250,000 in economic assistance as follows— (1) $12,000,000 in fiscal year 2014; (2) $11,500,000 in fiscal year 2015; (3) $10,000,000 in fiscal year 2016; (4) $8,500,000 in fiscal year 2017; (5) $7,250,000 in fiscal year 2018; (6) $6,000,000 in fiscal year 2019; (7) $5,000,000 in fiscal year 2020; (8) $4,000,000 in fiscal year 2021; (9) $3,000,000 in fiscal year 2022; and (10) $2,000,000 in fiscal year 2023. The funds provided in any fiscal year under this subsection for economic assistance shall be provided in 4 quarterly payments (30 percent in the first quarter, 30 percent in the second quarter, 20 percent in the third quarter, and 20 percent in the fourth quarter) unless otherwise specified in this Agreement or in an Appendix to this Agreement. . (5) Infrastructure projects Section 5 of the Agreement shall be construed as though the section reads as follows: 5. Infrastructure projects The Government of the United States shall provide grants totaling $40,000,000 to the Government of Palau as follows: $30,000,000 in fiscal year 2014; and $5,000,000 annually in each of fiscal years 2015 and 2016; towards 1 or more mutually agreed infrastructure projects in accordance with the provisions of Appendix C to this Agreement. . (d) Continuing programs and laws Section 105(f)(1)(B)(ix) of the Compact of Free Association Amendments Act of 2003 ( 48 U.S.C. 192ld(f)(1)(B)(ix) 2009 2024 (e) Passport requirement Section 141 of Article IV of Title One of the Compact of Free Association shall be construed and applied as if it read as follows: 141. Passport requirement (a) Any person in the following categories may be admitted to, lawfully engage in occupations, and establish residence as a nonimmigrant in the United States and its territories and possessions without regard to paragraphs (5) or (7)(B)(i)(II) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(5) (1) a person who, on September 30, 1994, was a citizen of the Trust Territory of the Pacific Islands, as defined in title 53 of the Trust Territory Code in force on January 1, 1979, and has become and remains a citizen of Palau; (2) a person who acquires the citizenship of Palau, at birth, on or after the effective date of the Constitution of Palau; or (3) a naturalized citizen of Palau, who has been an actual resident of Palau for not less than five years after attaining such naturalization and who holds a certificate of actual residence. (b) Such persons shall be considered to have the permission of the Secretary of Homeland Security of the United States to accept employment in the United States. (c) The right of such persons to establish habitual residence in a territory or possession of the United States may, however, be subjected to non-discriminatory limitations provided for— (1) in statutes or regulations of the United States; or (2) in those statutes or regulations of the territory or possession concerned which are authorized by the laws of the United States. (d) Section 141(a) does not confer on a citizen of Palau the right to establish the residence necessary for naturalization under the Immigration and Nationality Act, or to petition for benefits for alien relatives under that Act. Section 141(a), however, shall not prevent a citizen of Palau from otherwise acquiring such rights or lawful permanent resident alien status in the United States. .

A bill to approve an agreement between the United States and the Republic of Palau.

Community College to Career Fund Act - Amends the Workforce Investment Act of 1998 to direct the Secretary of Labor and the Secretary of Education to award competitive grants to: (1) institutions of higher education for educational or career training programs (including those leading to a recognized postsecondary credential) for workers, (2) state or local organizations in partnership with community colleges and other training providers for pay-for-performance projects and pay-for-success job training projects, (3) state or local governments to provide job training or recruiting activities necessary to provide skilled workers for businesses that have relocated or are considering relocating operations outside the United States but may instead relocate them to or remain in areas served by those governments, and (4) institutions of higher education in partnership with local or regional economic development entities to provide training in starting a small business and entrepreneurship.

To amend the Workforce Investment Act of 1998 to support community college and industry partnerships, and for other purposes. 1. Short title This Act may be cited as the Community College to Career Fund Act 2. Community College to Career Fund Title I of the Workforce Investment Act of 1998 is amended by adding at the end the following: G Community College to Career Fund 199B. Community college and industry partnerships program (a) Grants authorized From funds appropriated under section 199F(a)(1), the Secretary of Labor and the Secretary of Education, in accordance with the interagency agreement described in section 199G, shall award competitive grants to eligible entities described in subsection (b) for the purpose of developing, offering, improving, or providing educational or career training programs for workers. (b) Eligible entity (1) Partnerships with employers or an employer or industry partnership (A) General definition For purposes of this section, an eligible entity (B) Description of entities The entities described in this subparagraph are— (i) a community college; (ii) a 4-year public institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) that offers 2-year degrees, and that will use funds provided under this section for activities at the certificate and associate degree levels; (iii) a Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b) (iv) a private or nonprofit, 2-year institution of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 (2) Additional Partners (A) Authorization of additional partners In addition to partnering with employers or an employer or industry partnership representing multiple employers as described in paragraph (1)(A), an entity described in paragraph (1) may include in the partnership described in paragraph (1) 1 or more of the organizations described in subparagraph (B). An eligible entity that includes 1 or more such organizations shall collaborate with the State or local board in the area served by the eligible entity. (B) Organizations The organizations described in this subparagraph are as follows: (i) An adult education provider or institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 (ii) A community-based organization. (iii) A joint labor-management partnership. (iv) A State or local board. (v) Any other organization that the Secretaries consider appropriate. (c) Educational or career training program For purposes of this section, the Governor of the State in which at least 1 of the entities described in subsection (b)(1)(B) of an eligible entity is located shall establish criteria for an educational or career training program leading to a recognized postsecondary credential for which an eligible entity submits a grant proposal under subsection (d). (d) Application An eligible entity seeking a grant under this section shall submit an application containing a grant proposal to the Secretaries at such time and containing such information as the Secretaries determine is required, including a detailed description of— (1) the specific educational or career training program for which the grant proposal is submitted and how the program meets the criteria established under subsection (e), including the manner in which the grant will be used to develop, offer, improve, or provide the educational or career training program; (2) the extent to which the program will meet the educational or career training needs of workers in the area served by the eligible entity; (3) the extent to which the program will meet the needs of employers in the area for skilled workers in in-demand industry sectors and occupations; (4) the extent to which the program described fits within any overall strategic plan developed by the eligible entity; (5) any previous experience of the eligible entity in providing educational or career training programs, the absence of which shall not automatically disqualify an eligible institution from receiving a grant under this section; and (6) in the case of a project that involves an educational or career training program that leads to a recognized postsecondary credential described in subsection (f), how the program leading to the credential meets the criteria described in subsection (c). (e) Criteria for award (1) In general Grants under this section shall be awarded based on criteria established by the Secretaries, that include the following: (A) A determination of the merits of the grant proposal submitted by the eligible entity involved to develop, offer, improve, or provide an educational or career training program to be made available to workers. (B) An assessment of the likely employment opportunities available in the area to individuals who complete an educational or career training program that the eligible entity proposes to develop, offer, improve, or provide. (C) An assessment of prior demand for training programs by individuals eligible for training and served by the eligible entity, as well as availability and capacity of existing (as of the date of the assessment) training programs to meet future demand for training programs. (2) Priority In awarding grants under this section, the Secretaries shall give priority to eligible entities that— (A) include a partnership, with employers or an employer or industry partnership, that— (i) pays a portion of the costs of educational or career training programs; or (ii) agrees to hire individuals who have attained a recognized postsecondary credential resulting from the educational or career training program of the eligible entity; (B) enter into a partnership with a labor organization or labor-management training program to provide, through the program, technical expertise for occupationally specific education necessary for a recognized postsecondary credential leading to a skilled occupation in an in-demand industry sector; (C) are focused on serving individuals with barriers to employment, low-income, non-traditional students, students who are dislocated workers, students who are veterans, or students who are long-term unemployed; (D) include community colleges serving areas with high unemployment rates, including rural areas; (E) are eligible entities that include an institution of higher education eligible for assistance under title III or V of the Higher Education Act of 1965 ( 20 U.S.C. 1051 et seq. (F) include a partnership, with employers or an employer or industry partnership, that increases domestic production of goods, such as advanced manufacturing or production of clean energy technology. (f) Use of funds Grant funds awarded under this section shall be used for one or more of the following: (1) The development, offering, improvement, or provision of educational or career training programs, that provide relevant job training for skilled occupations that will meet the needs of employers in in-demand industry sectors, and which may include registered apprenticeship programs, on-the-job training programs, and programs that support employers in upgrading the skills of their workforce. (2) The development and implementation of policies and programs to expand opportunities for students to earn a recognized postsecondary credential, including a degree, in in-demand industry sectors and occupations, including by— (A) facilitating the transfer of academic credits between institutions of higher education, including the transfer of academic credits for courses in the same field of study; (B) expanding articulation agreements and policies that guarantee transfers between such institutions, including through common course numbering and use of a general core curriculum; and (C) developing or enhancing student support services programs. (3) The creation of workforce programs that provide a sequence of education and occupational training that leads to a recognized postsecondary credential, including a degree, including programs that— (A) blend basic skills and occupational training; (B) facilitate means of transitioning participants from non-credit occupational, basic skills, or developmental coursework to for-credit coursework within and across institutions; (C) build or enhance linkages, including the development of dual enrollment programs and early college high schools, between secondary education or adult education programs (including programs established under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) and title II of this Act); (D) are innovative programs designed to increase the provision of training for students, including students who are members of the National Guard or Reserves, to enter skilled occupations in in-demand industry sectors; and (E) support paid internships that will allow students to simultaneously earn credit for work-based learning and gain relevant employment experience in an in-demand industry sector or occupation, which shall include opportunities that transition individuals into employment. (4) The support of regional or national in-demand industry sectors to develop skills consortia that will identify pressing workforce needs and develop solutions such as— (A) standardizing industry certifications; (B) developing new training technologies; and (C) collaborating with industry employers to define and describe how specific skills lead to particular jobs and career opportunities. 199C. Pay-for-Performance and Pay-for-Success job training projects (a) Award grants authorized From funds appropriated under section 199F(a)(2), the Secretaries, in accordance with the interagency agreement described in section 199G, shall award grants on a competitive basis to eligible entities described in subsection (b) who achieve specific performance outcomes and criteria agreed to by the Secretaries under subsection (c) to carry out job training projects. Projects funded by grants under this section shall be referred to as either Pay-for-Performance or Pay-for-Success projects, as set forth in subsection (b). (b) Eligible entity To be eligible to receive a grant under this section, an entity shall be a State or local organization (which may be a local workforce organization) in partnership with an entity such as a community college or other training provider, who— (1) in the case of an entity seeking to carry out a Pay-for-Performance project, agrees to be reimbursed under the grant primarily on the basis of achievement of specified performance outcomes and criteria agreed to by the Secretaries under subsection (c); or (2) in the case of an entity seeking to carry out a Pay-for-Success project— (A) enters into a partnership with an investor, such as a philanthropic organization that provides funding for a specific project to address a clear and measurable job training need in the area to be served under the grant; and (B) agrees to be reimbursed under the grant only if the project achieves specified performance outcomes and criteria agreed to by the Secretaries under subsection (c). (c) Performance outcomes and criteria Not later than 6 months after the date of enactment of this subtitle, the Secretaries shall establish and publish specific performance measures, which include performance outcomes and criteria, for the initial qualification and reimbursement of eligible entities to receive a grant under this section. At a minimum, to receive such a grant, an eligible entity shall— (1) identify a particular program area and client population that is not achieving optimal outcomes; (2) provide evidence that the proposed strategy for the job training project would achieve better outcomes; (3) clearly articulate and quantify the improved outcomes of such new approach; (4) for a Pay-for-Success project, specify a monetary value that would need to be paid to obtain such outcomes and explain the basis for such value; (5) identify data that would be required to evaluate whether outcomes are being achieved for a target population and a comparison group; (6) identify estimated savings that would result from the improved outcomes, including to other programs or units of government; (7) demonstrate the capacity to collect required data, track outcomes, and validate those outcomes; and (8) specify how the entity will meet any other criteria the Secretaries may require. (d) Period of availability for pay-for-Success projects Funds appropriated to carry out Pay-for-Success projects pursuant to section 199F(a)(2) shall, upon obligation, remain available for disbursement until expended, notwithstanding section 1552 of title 31, United States Code, and, if later deobligated, in whole or in part, be available until expended under additional Pay-for-Success grants under this section. 199D. Bring jobs back to America grants (a) Grants authorized From funds appropriated under section 199F(a)(3), the Secretaries, in accordance with the interagency agreement described in section 199G, shall award grants to State or local governments for job training and recruiting activities that can quickly provide businesses with skilled workers in order to encourage businesses to relocate to or remain in areas served by such governments. The Secretaries shall coordinate activities with the Secretary of Commerce in carrying out this section. (b) Purpose and use of funds Grant funds awarded under this section may be used by a State or local government to issue subgrants, using procedures established by the Secretaries, to eligible entities, including those described in section 199B(b), to assist such eligible entities in providing job training necessary to provide skilled workers for businesses that have relocated or are considering relocating operations outside the United States, and may instead relocate to or remain in the areas served by such governments, and in conducting recruiting activities. (c) Application A State or local government seeking a grant under the program established under subsection (a) shall submit an application to the Secretaries in such manner and containing such information as the Secretaries may require. At a minimum, each application shall include— (1) a description of the eligible entity the State or local government proposes to assist in providing job training or recruiting activities; (2) a description of the proposed or existing business facility involved, including the number of jobs relating to such facility and the average wage or salary of those jobs; and (3) a description of any other resources that the State has committed to assisting such business in locating such facility, including tax incentives provided, bonding authority exercised, and land granted. (d) Criteria The Secretaries shall award grants under this section to the State and local governments that— (1) the Secretaries determine are most likely to succeed, with such a grant, in assisting an eligible entity in providing the job training and recruiting necessary to cause a business to relocate to or remain in an area served by such government; (2) will fund job training and recruiting programs that will result in the greatest number and quality of jobs; (3) have committed State or other resources, to the extent of their ability as determined by the Secretaries, to assist a business to relocate to or remain in an area served by such government; and (4) have met such other criteria as the Secretaries consider appropriate, including criteria relating to marketing plans, and benefits for ongoing area or State strategies for economic development and job growth. 199E. Grants for entrepreneur and small business startup training (a) Grants authorized From funds appropriated under section 199F(a)(4), the Secretaries, in accordance with the interagency agreement described in section 199G, shall award grants, on a competitive basis, to eligible entities described in subsection (b) to provide training in starting a small business and entrepreneurship. The Secretaries shall coordinate activities with the Administrator of the Small Business Administration in carrying out this section, including coordinating the development of criteria and selection of proposals. (b) Eligible entity (1) In general For purposes of this section, the term eligible entity (2) Additional Partners Local or regional economic development entities described in this paragraph are the following: (A) Small business development centers. (B) Women’s business centers. (C) Regional innovation clusters. (D) Local accelerators or incubators. (E) State or local economic development agencies. (c) Application An eligible entity seeking a grant under this section shall submit an application containing a grant proposal in such manner and containing such information as the Secretaries and the Administrator of the Small Business Administration shall require. Such information shall include a description of the manner in which small business and entrepreneurship training (including education) will be provided, the role of partners in the arrangement involved, and the manner in which the proposal will integrate local economic development resources and partner with local economic development entities. (d) Use of funds Grant funds awarded under this section shall be used to provide training in starting a small business and entrepreneurship, including through online courses, intensive seminars, and comprehensive courses. 199F. Authorization of appropriations (a) In general There is authorized to be appropriated $8,000,000,000 to carry out this subtitle, of which $4,000,000,000 is authorized to be appropriated to the Secretary of Labor and $4,000,000,000 is authorized to be appropriated to the Secretary of Education. Such amounts are authorized as follows: (1) $7,000,000,000 is authorized for the program established by section 199B; (2) $500,000,000 is authorized for the program established by section 199C; (3) $250,000,000 is authorized for the program established by section 199D; and (4) $250,000,000 is authorized for the program established by section 199E. (b) Administrative Cost Not more than 5 percent of the amounts made available under paragraph (1), (2), (3), or (4) of subsection (a) may be used by the Secretaries to administer the program described in that paragraph, including providing technical assistance and carrying out evaluations for the program described in that paragraph. (c) Period of availability Except as provided in section 199C(d), the funds appropriated pursuant to subsection (a) for a fiscal year shall be available for Federal obligation for that fiscal year and the succeeding 2 fiscal years. 199G. Interagency agreement (a) In general The Secretary of Labor and the Secretary of Education shall jointly develop policies for the administration of this subtitle in accordance with such terms as the Secretaries shall set forth in an interagency agreement. Such interagency agreement, at a minimum, shall include a description of the respective roles and responsibilities of the Secretaries in carrying out this subtitle (both jointly and separately), including— (1) how the funds available under this subtitle will be obligated and disbursed and compliance with applicable laws (including regulations) will be ensured, as well as how the grantees will be selected and monitored; (2) how evaluations and research will be conducted on the effectiveness of grants awarded under this subtitle in addressing the education and employment needs of workers, and employers; (3) how technical assistance will be provided to applicants and grant recipients; (4) how information will be disseminated, including through electronic means, on best practices and effective strategies and service delivery models for activities carried out under this subtitle; and (5) how policies and processes critical to the successful achievement of the education, training, and employment goals of this subtitle will be established. (b) Transfer authority The Secretary of Labor and the Secretary of Education shall have the authority to transfer funds between the Department of Labor and the Department of Education to carry out this subtitle in accordance with the agreement described in subsection (a). The Secretary of Labor and the Secretary of Education shall have the ability to transfer funds to the Secretary of Commerce and the Administrator of the Small Business Administration to carry out sections 199D and 199E, respectively. (c) Reports The Secretary of Labor and the Secretary of Education shall jointly develop and submit a biennial report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives, describing the activities carried out under this subtitle and the outcomes of such activities. 199H. Definitions For purposes of this subtitle: (1) Community college The term community college junior or community college 20 U.S.C. 1058(f) (2) Nontraditional student The term nontraditional student 20 U.S.C. 1161c(j) (3) Recognized postsecondary credential The term recognized postsecondary credential (A) an industry-recognized certificate; (B) a certificate of completion of an apprenticeship registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act 29 U.S.C. 50 et seq. (C) an associate or baccalaureate degree. (4) Secretaries The term Secretaries . 3. Conforming amendment The table of contents for the Workforce Investment Act of 1998 ( 20 U.S.C. 9201 Subtitle G—Community College to Career Fund Sec. 199B. Community college and industry partnerships program. Sec. 199C. Pay-for-Performance and Pay-for-Success job training projects. Sec. 199D. Bring jobs back to America grants. Sec. 199E. Grants for entrepreneur and small business startup training. Sec. 199F. Authorization of appropriations. Sec. 199G. Interagency agreement. Sec. 199H. Definitions. .

Community College to Career Fund Act

Amends the Internal Revenue Code to make permanent the taxpayer election to deduct state and local general sales taxes in lieu of state and local income taxes.

To provide a permanent deduction for State and local general sales taxes. 1. Permanent extension of deduction for State and local general sales taxes (a) In general Subparagraph (I) of section 164(b)(5) of the Internal Revenue Code of 1986, as amended by section 205 of the American Taxpayer Relief Act of 2012, is amended by striking , and before January 1, 2014 (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013.

A bill to provide a permanent deduction for State and local general sales taxes.

Secure Annuities for Employee Retirement Act of 2013 or the SAFE Retirement Act of 2013 - Title I: Public Pension Reform - Amends the Internal Revenue Code to provide for annuity accumulation retirement plans for state and local government employees beginning after 2014. Directs the Comptroller General (GOA) to conduct a study of federal employee pension plans. Title II: Private Pension Reform - Subtitle A: Enhanced Pension Plan Coverage - Amends the Internal Revenue Code, with respect to 401(k) plans, to allow employers who do not maintain a qualified retirement plan to establish a starter 401(k) deferral-only arrangement. Allows contributions to such arrangements of up to $8,000 per year and catch-up contributions for individuals age 50 and older. Increases from $500 to $5,000 the cap on the tax credit for the pension start-up costs of small employers. Allows employers to replace certain pension plans with safe harbor 401(k) plans. Eliminates the 10% cap on contributions to automatic 401(k) plans. Revises rules relating to the election of safe harbor 401(k) status and multiple employer defined contributions. Subtitle B: Pension Plan and Retirement Savings Simplification - Revises rules relating to pension plan amendments, discrimination testing, restrictions on hardship distributions, rollovers, forfeitures, notice requirements for new plan participants, and plan terminations. Terminates rules relating to top-heavy pension plans (plans that have a higher concentration of accrued benefits for key employees) for plan years beginning after December 31, 2013. Allows a new tax credit for contributions to a secure deferral arrangement. Subtitle C: Longevity Reforms - Modifies minimum distribution requirements to allow 25% of the account balance for the purchase of a deferred joint and survivor life annuity. Requires the annuity to be purchased on or before the date of the plan participant's initial required minimum distributions. Prohibits any deferral period from extending beyond the date the participant attains age 85. Requires the Secretary of the Treasury to update or provide new mortality tables for purposes of determining a plan participant's minimum required distribution. Requires a new update every five years. Allows plan participants to convert their required minimum distribution into a Roth individual retirement account (Roth IRA). Allows a plan sponsor to transfer responsibility for the administration of the joint and survivor annuity rules to the annuity provider. Requires the Secretary to modify the Employee Plans Compliance Resolution System to allow for the correction of loan errors and inadvertent errors in retirement plans, IRAs, and required minimum distribution requirements. Subtitle D: Modifications to the Employee Retirement Income Security Act of 1974 - Amends the Employee Retirement and Income Security Act of 1974 (ERISA) and the Internal Revenue Code to: (1) authorize all documents required or permitted to be furnished to a plan participant to be furnished in electronic form unless the plan participant has elected to receive paper documents; (2) modify the deadline for summary plan description updates; (3) make the annual audit requirement applicable to 100 participants who have an accrued benefit under the plan (currently, 100 participants); and (4) deem the fiduciary duty in selecting an annuity provider and annuity contract in connection with the payment of benefits under a defined contribution plan satisfied to the extent that the contracts are guaranteed by a state guaranty association. Title III: Individual Retirement Investment Advice Reform - Transfers authority to the Secretary of the Treasury for the enforcement of prohibited transaction rules for individual retirement accounts (IRAs). Requires the Secretary to consult with the Securities and Exchange Commission (SEC) in prescribing rules relating to the professional standards of care owed by brokers and investment advisors to holders of IRA accounts and annuities. Provides for the joint issuance of regulations for prohibited transaction rules applicable to employer-sponsored retirement plans by the Secretary of the Treasury and the Secretary of Labor.

To amend the Internal Revenue Code of 1986 to provide for reform of public and private pension plans, and for other purposes. 1. Short title; amendment of 1986 Code; table of contents (a) Short title This Act may be cited as the Secure Annuities for Employee Retirement Act of 2013 SAFE Retirement Act of 2013 (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 is as follows: Sec. 1. Short title; amendment of 1986 Code; table of contents. TITLE I—Public pension reform Sec. 101. Annuity accumulation retirement plans of employees of State and local governments. Sec. 102. Study of Federal pension systems. TITLE II—Private pension reform Subtitle A—Enhanced pension plan coverage Sec. 201. Starter 401(k) plans for employers with no retirement plan. Sec. 202. Increase in credit limitation for small employer pension plan startup costs. Sec. 203. Employers allowed to replace simple retirement accounts with safe harbor 401(k) plans during a year. Sec. 204. Modification of automatic enrollment safe harbor. Sec. 205. Plan adopted by filing due date for year may be treated as in effect as of close of year. Sec. 206. Rules relating to election of safe harbor 401(k) status. Sec. 207. Modifications of rules relating to multiple employer defined contribution plans. Subtitle B—Pension plan and retirement savings simplification Sec. 211. Modifications of deadlines for adopting pension plan amendments. Sec. 212. Termination of application of top-heavy plan rules. Sec. 213. Amendments to safe harbor 401(k) plans during plan year. Sec. 214. Modification of rules relating to hardship withdrawals from cash or deferred arrangements. Sec. 215. Individual may roll over insurance contract into individual retirement account. Sec. 216. Forfeitures allocated to participant's account may be treated as employer matching or nonelective contributions. Sec. 217. Time for providing explanation of qualified preretirement survivor annuity. Sec. 218. Modifications of additional participation requirements for defined benefit plans. Sec. 219. Treatment of custodial accounts on termination of section 403(b) plans. Sec. 220. Secure deferral arrangements. Sec. 221. Portability of lifetime income options. Sec. 222. Consolidation of defined contribution plan notices. Sec. 223. Performance benchmarks for asset allocation funds. Subtitle C—Longevity reforms Sec. 231. Modification of required minimum distribution rules where portion of benefit of defined contribution plan is annuitized. Sec. 232. Updating of mortality tables for minimum required distributions. Sec. 233. Minimum required distributions may be rolled over into Roth IRAs. Sec. 234. Transfer of minimum survivor annuity requirements from plan sponsors to annuity providers. Sec. 235. Expansion of Employee Plans Compliance Resolution System. Subtitle D—Modifications to the Employee Retirement Income Security Act of 1974 Sec. 241. Electronic communication of pension plan information. Sec. 242. Modification of deadlines for summary plan description updates. Sec. 243. Modification of small plan simplified reporting requirements. Sec. 244. Fiduciary requirement regarding selection of annuity provider and annuity contract. TITLE III—Individual retirement investment advice reform Sec. 301. Transfer to Secretary of the Treasury of authorities regarding individual retirement plans. I Public pension reform 101. Annuity accumulation retirement plans of employees of State and local governments (a) In general Part I of subchapter D of chapter 1 is amended by inserting after subpart E the following new subpart: F Annuity accumulation retirement plans for State and local government employees. Sec. 420A. Annuity accumulation retirement plans. 420A. Annuity accumulation retirement plans (a) Annuity accumulation retirement plans For purposes of this subpart— (1) In general The term annuity accumulation retirement plan (A) which provides for the purchase, not less frequently than annually, of a qualified individual deferred fixed income annuity contract for each participant which provides benefits based solely on the contributions by an employer to an annuity provider and the actuarial assumptions specified in the annuity contract, and (B) which provides that— (i) no contributions may be made under the plan other than contributions described in subsection (c), (ii) contributions pursuant to the plan on behalf of any eligible employee for any plan year, whether made annually or more frequently, are required to be paid not later than 90 days after the close of the plan year to an annuity provider to purchase a qualified individual deferred fixed income annuity contract for the employee, and (iii) no benefits are provided by the employer under the plan other than the purchase of qualified individual deferred fixed income annuity contracts for eligible employees. Subject to the provisions of subsection (d)(3), nothing in subparagraph (B)(iii) shall prohibit an employer from establishing or maintaining a defined contribution plan or defined benefit plan or providing any form of employee welfare benefit separately from the plan. (2) Plan structure A plan will not be treated as an annuity accumulation retirement plan unless— (A) benefits under the plan are limited to a monthly payment for the life of the participant, commencing at the applicable age under subsection (b)(1)(B), as provided under the qualified individual deferred fixed income annuity contract purchased with the employer contributions described in subsection (c) and issued to the participant, and (B) the plan does not accumulate assets in trust or otherwise, and the employer has no ownership interest in any qualified individual deferred fixed income annuity contract issued to a participant. (3) Requirements for annuity contract purchasing process (A) In general A plan will not be treated as an annuity accumulation retirement plan unless the plan provides that individual deferred fixed income annuity contracts will be purchased through a process by which, with respect to each purchase under paragraph (1)(A), the plan administrator— (i) obtains competitive bids pursuant to a formal, public procurement process authorized under State law which requires institutional pricing on a group contract basis from multiple annuity providers verified by the applicable State insurance regulator as properly licensed to meet the specifications in the procurement request, (ii) allocates its purchases of individual deferred fixed income annuity contracts among the providers selected under clause (i), with the largest allocation (not to exceed 75 percent of the aggregate purchase amount of all such contracts) purchased from the annuity provider submitting the superior bid, (iii) ensures, to the maximum extent possible, that each employee's entire interest under an individual deferred fixed income annuity contract would be fully guaranteed by a State guaranty association under applicable State law, regulations, and industry standards in effect as of the date of issuance of the contract, and (iv) ensures, to the maximum extent possible, that each employee's entire interest under all contracts provided under the plan by any single annuity provider (and any related parties, within the meaning of such term as applied by the State guaranty association) does not exceed the maximum amount which would be covered by a State guaranty association described in clause (iii) in case of the insolvency of the provider. (B) Prohibition on providing benefit in exchange for selection An annuity provider shall not be treated as meeting the competitive bid requirements of subparagraph (A)(i) if such provider, or any related party to (within the meaning of such term as applied by the State guaranty association) or agent of such provider, on their own or on another's behalf, provides anything of value to any employee of a State or local government entity, or agency or instrumentality thereof, or to a plan administrator, in connection with the bidding process or the annuity purchase process described in subparagraph (A). (C) Compliance safe harbor A plan shall be deemed to meet the requirements of subparagraph (A) if the plan administrator obtains a determination in writing from the Office of Domestic Finance, Department of the Treasury, that such plan meets such requirements. Authority to issue such a determination shall not be delegated to any entity outside of the Office of Domestic Finance. (4) General exemption from pension plan requirements Notwithstanding any other provision of this subchapter— (A) except as provided in this section, no requirement of this subchapter otherwise applicable to a State or local governmental retirement plan shall apply to an annuity accumulation retirement plan, and (B) for purposes of this title other than any such requirements, an annuity accumulation retirement plan shall be treated as a defined benefit plan which meets the requirements of section 401(a). (b) Qualified individual deferred fixed income annuity contract For purposes of this subpart, the term qualified individual deferred fixed income annuity contract (1) under the terms of which— (A) the monthly annuity payments during the period described in subparagraph (B) are in equal installments and are fixed at the time of purchase, and (B) except as provided in subsection (e), the entire interest of the employee in the contract will be distributed in the form of monthly annuity payments under a single life annuity, beginning on the later of— (i) the date the employee attains age— (I) 57, in the case of a public safety employee, and (II) 67, in the case of any other employee, or (ii) in the case of a contract purchased after the date the employee attains such age, the 1st day of the 1st calendar year beginning after the calendar year in which such contract was purchased, (2) the purchase price of which is equal to the contributions described in subsection (c) with respect to the employee for the plan year in which it is purchased, (3) under which the employee's rights are nonforfeitable, (4) under which no loan may be made with respect to any portion of any interest in the contract, and (5) except as provided in subsection (e), no portion of any interest in the contract may be assigned, alienated, or pledged as collateral. (c) Contribution requirements and limitations For purposes of subsection (a)(1)(B)— (1) In general The plan must provide that the only contributions which may be made pursuant to the plan for any plan year are nonelective contributions (within the meaning of section 401(k)(11)(B)(ii)) made by the employer for the purchase of qualified individual deferred fixed income annuity contracts which are— (A) made on behalf of each eligible employee for the plan year, and (B) equal to a percentage of the employee's compensation which (except as provided in this paragraph) is determined not later than the start of the plan year. An employer shall not be treated as failing to meet the requirements of this paragraph merely because the plan allows the employer to elect to reduce the percentage under subparagraph (B), or not to make any contributions pursuant to the plan, for any period for all employees, and the employer so elects not later than the start of the plan year. (2) Limits based on compensation (A) In general The compensation (as determined for purposes of section 415(c)) taken into account under paragraph (1)(B) with respect to an employee for any year shall not exceed the limitation in effect for such year under section 401(a)(17). (B) Percentage limitation (i) In general The percentage under paragraph (1)(B) for any period shall not exceed— (I) 30 percent in the case of a public safety employee, or (II) 20 percent in the case of any other employee. (ii) Election of higher percentage for employees 50 or older A plan may elect for any plan year to provide a higher percentage under paragraph (1)(B) than that specified under clause (i) for all employees who have attained age 50 before the beginning of a plan year, except that such percentage may not exceed— (I) 35 percent in the case of a public safety employee who has attained such age, or (II) 25 percent in the case of any other employee who has attained such age. (C) Aggregation rule All plans of an employer treated as a single plan for purposes of section 415 shall be treated as a single plan for purposes of this paragraph. (d) Tax treatment of annuity accumulation retirement plans (1) Taxation of eligible employee The amount actually paid to a distributee under a qualified individual deferred fixed income annuity contract shall be taxable to the distributee under section 72. (2) Treatment of employer contributions Contributions made by an employer for the purchase of a qualified individual deferred fixed income annuity contract under an annuity accumulation retirement plan shall be excluded from the gross income of the employee. (3) Inclusion in income of excess contributions or contributions for participants in another defined benefit plan of an employer (A) Excess contributions Except as provided in subparagraph (B), if— (i) contributions are made for any plan year by an employer on behalf of an employee in excess of the limit determined after application of subsection (c)(2), the employee shall include in gross income an amount equal to such excess, or (ii) an employee for whom such contributions are made for any plan year accrues benefits (for any period of service for which such contributions were made) under any other defined benefit plan of the employer which is not an annuity accumulation retirement plan, the employee shall include in gross income an amount equal to such contributions. (B) Exception for premiums refunded Subparagraph (A) shall not apply with respect to contributions on behalf of an employee for any plan year if, not later than 6 months after the last day of the plan year, the contributions described in subparagraph (A) used to purchase a qualified individual deferred fixed income annuity contract for the employee are refunded to the employer. (C) Taxable year of inclusion Any amount under subparagraph (A) shall be includible in gross income of the employee for the taxable year which includes the date which is 6 months after the last day of the plan year. (D) Investment in the contract Any amount included in gross income shall not be treated as investment in the contract for purposes of section 72. (e) Certain judgments and settlements Paragraphs (1)(B) and (5) of subsection (b) shall not apply to any offset of an employee's benefits payable under an annuity contract— (1) pursuant to— (A) the enforcement of a levy under section 6331 or the collection by the United States of a judgment resulting from an unpaid tax assessment, or (B) the enforcement of a fine imposed as part of a criminal sentence under subchapter C of chapter 227 of title 18, United States Code, or an order of restitution made pursuant to such title, or (2) to the extent required under any State tax, criminal, or domestic relations law. (f) Definitions (1) State or local governmental retirement plan For purposes of this section, the term State or local governmental retirement plan (2) General definitions For purposes of this subchapter— (A) Eligible employee The term eligible employee (B) Annuity provider The term annuity provider (C) Public safety employee The term public safety employee . (b) Limitation on 403(a) (1) In general Subsection (a) of section 403 is amended by adding at the end the following new paragraph: (6) Exclusion of certain State and local governmental plans This subsection shall not apply in the case of annuity contracts purchased under a State or local governmental retirement plan (as defined in section 420A(f)) which was established after July 8, 2013. . (2) Effective date The amendment made by this subsection shall apply to plans established after July 8, 2013. (c) FICA exemption Paragraph (5) of section 3121(a) is amended by striking or , or (J) under an annuity accumulation retirement plan for the purchase of annuity contracts under section 420A; . (d) Inclusion of amount for the purchase of annuity contracts on W–2 Subsection (a) of section 6051 is amended by striking and , and (15) the total amount contributed under an annuity accumulation retirement plan for the purchase of annuity contracts under section 420A. . (e) Clerical amendment The table of subparts for part I of subchapter D of chapter 1 is amended by inserting after the item relating to subpart E the following new item: SUBPART F—Annuity accumulation retirement plans for State and local government employees . (f) Effective date Except as provided in subsection (b), the amendments made by this section shall apply to years beginning after December 31, 2014. 102. Study of Federal pension systems (a) Study The Comptroller General of the United States shall conduct a study of pension systems established by law for employees of the Government of the United States, including an analysis of— (1) the benefits provided under such systems, particularly in comparison to those offered to private employees, and (2) whether such systems are adequately funded. (b) Report The Comptroller General of the United States shall, not later than 1 year after the date of enactment of this Act, report to Congress the results of the study conducted under subsection (a), including any recommendations for legislative or administrative changes to the pension systems considered in the study. II Private pension reform A Enhanced pension plan coverage 201. Starter 401(k) (a) In general Section 401(k) is amended by adding at the end the following new paragraph: (14) Starter 401(k) (A) In general A starter 401(k) deferral-only arrangement maintained by an eligible employer shall be treated as meeting the requirements of paragraph (3)(A)(ii). (B) Starter 401(k) For purposes of this paragraph, the term starter 401(k) deferral-only arrangement (i) the automatic deferral requirements of subparagraph (C), (ii) the contribution limitations of subparagraph (D), and (iii) the requirements of subparagraph (E) of paragraph (13). (C) Automatic deferral (i) In general The requirements of this subparagraph are met if, under the arrangement, each employee eligible to participate in the arrangement is treated as having elected to have the employer make elective contributions in an amount equal to a qualified percentage of compensation. (ii) Election out The election treated as having been made under clause (i) shall cease to apply with respect to any employee if such employee makes an affirmative election— (I) to not have such contributions made, or (II) to make elective contributions at a level specified in such affirmative election. (iii) Qualified percentage For purposes of this subparagraph, the term qualified percentage (D) Contribution limitations (i) In general The requirements of this subparagraph are met if, under the arrangement— (I) the only contributions which may be made are elective contributions of employees described in subparagraph (C), and (II) the aggregate amount of such elective contributions which may be made with respect to any employee for any calendar year shall not exceed $8,000. (ii) Cost-of-living adjustment In the case of any calendar year beginning after December 31, 2014, the $8,000 amount under clause (i) shall be adjusted in the same manner as under section 402(g)(4), except that 2013 2005 (iii) Cross reference For catch-up contributions for individuals age 50 or over, see section 414(v)(2)(B)(ii). (E) Eligible employer For purposes of this paragraph— (i) In general The term eligible employer (ii) Qualified plan The term qualified plan . (b) Catch-Up contributions for individuals age 50 and over (1) Section 414(v)(2)(B) is amended by inserting , 401(k)(14), 401(k)(11) (2) Section 414(v)(3)(B) is amended by inserting 401(k)(14), 401(k)(11), (c) Simplified reporting Section 104(a)(2)(A) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1024(a)(2) or for any pension plan which is a starter 401(k) deferral-only arrangement described in section 401(k)(14)(B) (d) Starter plans not treated as top-Heavy plans Clause (i) of section 416(g)(4)(H) is amended by striking or 401(k)(13) 401(k)(13), or 401(k)(14) (e) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2013. 202. Increase in credit limitation for small employer pension plan startup costs (a) In general Paragraph (1) of section 45E(b) is amended to read as follows: (1) for the first credit year and each of the 2 taxable years immediately following the first credit year, the greater of— (A) $500, or (B) the lesser of— (i) $250 for each employee of the eligible employer who is not a highly compensated employee (as defined in section 415(q)) and who is eligible to participate in the eligible employer plan maintained by the eligible employer, or (ii) $5,000, and . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013. 203. Employers allowed to replace simple retirement accounts with safe harbor 401 (k) (a) In general Section 408(p) is amended by adding at the end the following new paragraph: (11) Replacement of simple retirement accounts with safe harbor plans during plan year (A) In general Subject to the requirements of this paragraph, an employer may elect (in such form and manner as the Secretary may prescribe) at any time during a year to terminate the qualified salary reduction arrangement under paragraph (2), but only if the employer establishes and maintains (as of the day after the termination date) a safe harbor plan to replace the terminated arrangement. (B) Combined limits on contributions The terminated arrangement and safe harbor plan shall both be treated as violating the requirements of paragraph (2)(A)(ii) or section 401(a)(30) (whichever is applicable) if the aggregate elective contributions of the employee under the terminated arrangement during its last plan year and under the safe harbor plan during its transition year exceed the sum of— (i) the applicable dollar amount for such arrangement (determined on a full-year basis) with respect to the employee for such last plan year multiplied by a fraction equal to the number of days in such plan year divided by 365, and (ii) the applicable dollar amount (as so determined) for such safe harbor plan on such elective contributions during the transition year multiplied by a fraction equal to the number of days in such transition year divided by 365. (C) Applicable dollar amount The applicable dollar amount is the amount determined under paragraph (2)(A)(ii) (after the application of section 414(v)) or section 402(g)(1), whichever is applicable. (D) Transition year For purposes of this paragraph, the transition year is the period beginning after the termination date and ending on the last day of the calendar year during which the termination occurs. (E) Safe harbor plan For purposes of this paragraph, the term safe harbor plan . (b) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2013. 204. Modification of automatic enrollment safe harbor (a) Removal of 10 percent cap after 1st plan year (1) In general Clause (iii) of section 401(k)(13)(C) is amended by striking , does not exceed 10 percent, and is at least and is (2) Conforming amendments (A) Subclause (I) of section 401(k)(13)(C)(iii) is amended by striking 3 percent at least 3 percent, but not greater than 10 percent, (B) Subclause (II) of section 401(k)(13)(C)(iii) is amended by striking 4 percent at least 4 percent (C) Subclause (III) of section 401(k)(13)(C)(iii) is amended by striking 5 percent at least 5 percent (D) Subclause (IV) of section 401(k)(13)(C)(iii) is amended by striking 6 percent at least 6 percent (b) Effective date The amendments made by this section shall apply to plan years beginning after the date of enactment of this Act. 205. Plan adopted by filing due date for year may be treated as in effect as of close of year (a) In general Section 401(b), as amended by section 211 of this Act, is amended by adding at the end the following: (4) Adoption of plan If an employer adopts a stock bonus, pension, profit-sharing, or annuity plan after the close of a taxable year but before the time prescribed by law for filing the return of the employer for the taxable year (including extensions thereof), the employer may elect to treat the plan as having been adopted as of the last day of the taxable year. . (b) Effective date The amendments made by this section shall apply to plans adopted for taxable years beginning after December 31, 2013. 206. Rules relating to election of safe harbor 401(k) (a) Limitation of annual safe harbor notice to matching contribution plans (1) In general Subparagraph (A) of section 401(k)(12) is amended by striking if such arrangement (i) meets the contribution requirements of subparagraph (B) and the notice requirements of subparagraph (D), or (ii) meets the contribution requirements of subparagraph (C). . (2) Automatic contribution arrangements Subparagraph (B) of section 401(k)(13) is amended by striking means (A) which is described in subparagraph (D)(i)(I) and meets the applicable requirements of subparagraphs (C) through (E), or (B) which is described in subparagraph (D)(i)(II) and meets the applicable requirements of subparagraphs (C) and (D). . (b) Nonelective contributions Section 401(k)(12) is amended by redesignating subparagraph (F) as subparagraph (G), and by inserting after subparagraph (E) the following new subparagraph: (F) Timing of plan amendment for employer making nonelective contributions (i) In general Except as provided in clause (ii), a plan may be amended after the beginning of a plan year to provide that the requirements of subparagraph (C) shall apply to the arrangement for the plan year, but only if the amendment is adopted— (I) at any time before the 30th day before the close of the plan year, or (II) if the requirements of clause (iii) are met, at any time before the last day under paragraph (8)(A) for distributing excess contributions for the plan year. (ii) Exception where plan provided for matching contributions Clause (i) shall not apply to any plan year if the plan provided at any time during the plan year that the requirements of subparagraph (B) applied to the plan year. (iii) 4-percent contribution requirement Clause (i)(II) shall not apply to an arrangement unless the amount of the contributions described in subparagraph (C) which the employer is required to make under the arrangement for the plan year with respect to any employee is an amount equal to at least 4 percent of the employee's compensation. . (c) Automatic contribution arrangements Section 401(k)(13) is amended by adding at the end the following : (F) Timing of plan amendment for employer making nonelective contributions (i) In general Except as provided in clause (ii), a plan may be amended after the beginning of a plan year to provide that the requirements of subparagraph (D)(i)(II) shall apply to the arrangement for the plan year, but only if the amendment is adopted— (I) at any time before the 30th day before the close of the plan year, or (II) if the requirements of clause (iii) are met, at any time before the last day under paragraph (8)(A) for distributing excess contributions for the plan year. (ii) Exception where plan provided for matching contributions Clause (i) shall not apply to any plan year if the plan provided at any time during the plan year that the requirements of subparagraph (D)(i)(I) applied to the plan year. (iii) 4-percent contribution requirement Clause (i)(II) shall not apply to an arrangement unless the amount of the contributions described in subparagraph (D)(i)(II) which the employer is required to make under the arrangement for the plan year with respect to any employee is an amount equal to at least 4 percent of the employee's compensation. . (d) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2013. 207. Modifications of rules relating to multiple employer defined contribution plans (a) Qualification requirements Section 413 is amended by adding at the end the following: (d) Application of qualification requirements for certain multiple employer plans with designated plan providers (1) In general If a plan to which subsection (c) applies is sponsored by employers that have a common interest other than having adopted the plan, or has a designated plan provider, then, except as provided in paragraph (3), the failure of the portion of the plan covering the employees of an employer maintaining the plan to satisfy any applicable qualification requirement under section 401(a) will not affect the qualification of any portion of the plan covering employees of any employer who has satisfied all such requirements. (2) Designated plan provider For purposes of this subsection— (A) In general The term designated plan provider (B) Registration, etc. requirements A person shall not be treated as a designated plan provider with respect to any plan unless— (i) the person registers with the Secretary and provides such identifying information as the Secretary may require, and (ii) the person consents to audits by the Secretary at such times as the Secretary determines appropriate to ensure the person is performing the duties described in subparagraph (A). (3) Failure by provider to perform duties If the designated plan provider of a plan does not perform the duties described in paragraph (2)(A) with respect to any plan year so as to reasonably ensure the plan meets the requirements described in paragraph (1)— (A) paragraph (1) shall not apply to the plan for the plan year, and (B) the determination as to whether the plan, or any participating employer, meets such requirements shall be made in the same manner as made with respect to a plan without a designated plan provider. (4) Guidance The Secretary shall issue such guidance as the Secretary determines appropriate to carry out this subsection, including guidance to— (A) identify the administrative duties required to be performed under paragraph (2)(A), and (B) require, if appropriate, that the portion of the plan attributable to participating employers not meeting the requirements described in paragraph (1) be spun off to plans maintained by such employers. . (b) Modification of ERISA requirements (1) Requirement of common interest Section 3(2) of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following: (C) (i) A qualified multiple employer plan shall not fail to be treated as an employee pension benefit plan or pension plan solely because the employers sponsoring the plan share no common interest. (ii) For purposes of this subparagraph, the term qualified multiple employer plan section 413(c) (I) is an individual account plan with respect to which the requirements of clauses (iii) and (iv) are met, and (II) includes in its annual report required to be filed under section 104(a) the name and identifying information of each participating employer and each person designated as a designated plan provider under section 413 (iii) The requirements of this clause are met if, under the plan, each participating employer retains fiduciary responsibility for— (I) the selection and monitoring of the person designated as the designated plan provider and the named fiduciary if different from such provider, and (II) the investment and management of the portion of the plan's assets attributable to employees of the employer to the extent not otherwise delegated to another fiduciary. (iv) The requirements of this clause are met if, under the plan, a participating employer is not subject to unreasonable restrictions, fees, or penalties by reason of ceasing participation in, or otherwise transferring assets from, the plan. . (2) Simplified reporting for small multiple employer plans Section 104(a) of such Act ( 29 U.S.C. 1024(a) (7) (A) In the case of any eligible small multiple employer plan, the Secretary may by regulation— (i) prescribe simplified summary plan descriptions, annual reports, and pension benefit statements for purposes of section 102, 103, or 105, respectively, and (ii) waive the requirement under section 103(a)(3) to engage an independent qualified public accountant in cases where the Secretary determines it appropriate. (B) For purposes of this paragraph, the term eligible small multiple employer plan (i) did not have more than 2,500 participants, and (ii) did not have any employer sponsoring the plan which had more than 500 employees as participants. . (c) Effective date The amendments made by this section shall apply to years beginning after December 31, 2013. B Pension plan and retirement savings simplification 211. Modifications of deadlines for adopting pension plan amendments (a) Required amendments Section 401(b) is amended— (1) by striking all that precedes stock bonus, pension, profit-sharing (b) Retroactive amendments to, and adoption of, a plan (1) Retroactive changes to amendments causing plan to fail A , and (2) by adding at the end the following: (2) Coordination of timing of pension plan amendment adoption, and remedial plan review, requirements (A) In general Except as provided in subparagraph (B), in the case of any required amendment to a stock bonus, pension, profit-sharing, or annuity plan— (i) the plan shall be treated as being operated in accordance with the terms of the plan during the remedial period, and (ii) except as provided by the Secretary, such plan shall not fail to meet the requirements of section 411(d)(6) of the Internal Revenue Code of 1986 and section 204(g) of the Employee Retirement Income Security Act of 1974 (B) Conditions Subparagraph (A) shall not apply to any required amendment to a plan unless— (i) the required amendment is adopted before the end of the remedial period, (ii) the plan is operated as if the required amendment were in effect during the remedial period, and (iii) the required amendment applies retroactively for the remedial period. (C) Required amendment For purposes of this paragraph, the term required amendment (D) Remedial period For purposes of this paragraph— (i) Remedial period The term remedial period (I) beginning on the date the amendment is required under the law or regulation described in subparagraph (C) to take effect, and (II) ending on the last day in the remedial plan review period with respect to the plan in which the date determined under subclause (I) occurs (or, if earlier, the date the plan amendment is adopted). (ii) Remedial plan review period The term remedial plan review period . (b) Retroactive application of discretionary amendments Section 401(b), as amended by subsection (a), is amended by adding at the end the following: (3) Discretionary amendments In the case of an amendment to which paragraphs (1) and (2) do not otherwise apply, the provisions of paragraph (1) shall apply to such amendment if it is to take effect during a plan year and is adopted by the last day prescribed by law (including extensions) for filing the return of tax for the taxable year of the employer within which such plan year ends. . (c) Effective date The amendments made by this section shall apply with respect to amendments taking effect with respect to plan years beginning after December 31, 2013. 212. Termination of application of top-heavy plan rules (a) In general Section 416 is amended by adding at the end the following: (j) Termination (1) In general This section shall not apply to any plan year beginning after December 31, 2013. (2) Vesting rules applicable to previously accrued benefits If a plan was a top-heavy plan for any plan year beginning before January 1, 2014, then, notwithstanding paragraph (1), the vesting rules applicable to the plan under subsection (b) for the plan year shall continue to apply to any accrued benefit derived during the plan year. . (b) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2013. 213. Amendments to safe harbor 401(k) (a) In general Section 401(k)(12), as amended by section 206 of this Act, is amended by redesignating subparagraph (G) as subparagraph (H) and by inserting after subparagraph (F) the following: (G) Amendments to safe harbor plans during plan year (i) In general Except as provided in clause (ii), an amendment to an arrangement to which this paragraph or paragraph (13) applies may take effect during a plan year if it is adopted before the close of the plan year. (ii) No reduction in matching contributions Clause (i) shall not apply to any amendment which reduces the amount of the matching contributions an employer is required to make under the arrangement as in effect before the amendment. . (b) Effective date The amendment made by this section shall apply to plan years beginning after December 31, 2013. 214. Modification of rules relating to hardship withdrawals from cash or deferred arrangements (a) In general Section 401(k), as amended by section 201 of this Act, is amended by adding at the end the following: (15) Special rules relating to hardship withdrawals For purposes of paragraph (2)(B)(i)(IV)— (A) Amounts which may be withdrawn The following amounts may be distributed upon hardship of the employee: (i) Contributions to a profit-sharing or stock bonus plan to which section 402(e)(3) applies. (ii) Qualified nonelective contributions (as defined in subsection (m)(4)(C)). (iii) Qualified matching contributions described in paragraph (3)(D)(ii)(I). (iv) Earnings on any contributions described in clause (i), (ii), or (iii). (B) No requirement to take available loan A distribution shall not be treated as failing to be made upon the hardship of an employee solely because the employee does not take any available loan under the plan. (C) Participation in arrangement not conditioned on whether hardship distribution made In determining whether a distribution is made upon the hardship of an employee, the Secretary shall not take into account whether or not an employee makes elective or employee contributions under the arrangement for any period after the distribution. . (b) Conforming amendment Subclause (IV) of section 401(k)(2)(B)(i) is amended to read as follows: (IV) subject to the provisions of paragraph (15), upon hardship of the employee, or . (c) Effective date The amendments made by this section shall apply to distributions made after December 31, 2013. 215. Individual may roll over insurance contract into individual retirement account (a) In general Section 408(a) is amended by adding at the end the following new flush sentence: A trust shall not be treated as failing to meet the requirements of paragraph (3) merely because it holds a life insurance contract which was transferred to the trust in a rollover contribution described in paragraph (1). . (b) Conforming amendments Section 72(m)(3) is amended— (1) in subparagraph (A), by striking or , or (iii) held by a trust described in section 408(a) after being contributed to the trust in a rollover contribution described in section 408(a)(1). , and (2) in subparagraph (B), by striking subparagraph (A)(ii) clauses (ii) or (iii) of subparagraph (A) (c) Effective date The amendments made by this section shall apply to rollover contributions after December 31, 2013. 216. Forfeitures allocated to participant's account may be treated as employer matching or nonelective contributions (a) In general Section 401(k)(12), as amended by sections 206 and 213 of this Act, is amended by redesignating subparagraph (H) as subparagraph (I), and by inserting after subparagraph (G) the following: (H) Treatment of forfeitures allocated to employee's account For purposes of this paragraph and paragraph (13), an employer may treat a forfeiture allocated to an employee's account for any plan year as a matching or nonelective contribution made by the employer which is taken into account in determining whether the contribution requirements of this paragraph or paragraph (13), whichever is applicable, are met. . (b) Effective date The amendment made by this section shall apply to plan years beginning after December 31, 2013. 217. Time for providing explanation of qualified preretirement survivor annuity (a) Amendment to Internal Revenue Code of 1986 Subparagraph (B) of section 417(a)(3) is amended to read as follows: (B) Explanation of qualified preretirement survivor annuity Each plan shall provide to each participant, within a reasonable time after the individual becomes a participant (and consistent with such regulations as the Secretary may prescribe), a written explanation with respect to the qualified preretirement survivor annuity comparable to the explanation required under subparagraph (A). A plan shall be treated as meeting the requirements of this subparagraph if the explanation is included with each summary plan description required to be provided to the participant under section 102 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1022). . (b) Amendment to Employee Retirement Income Security Act of 1974 Subparagraph (B) of section 205(c)(3) of the Employee Retirement Income Security Act of 1974 is amended to read as follows: (B) Each plan shall provide to each participant, within a reasonable time after the individual becomes a participant (and consistent with such regulations as the Secretary of the Treasury may prescribe), a written explanation with respect to the qualified preretirement survivor annuity comparable to the explanation required under subparagraph (A). A plan shall be treated as meeting the requirements of this subparagraph if the explanation is included with each summary plan description required to be provided to the participant under section 102. . (c) Effective date The amendments made by this section shall apply to— (1) individuals who become participants after December 31, 2013, and (2) individuals who became participants before such date but to whom the written explanation under section 417(a)(3)(B) In the case of any individual described in paragraph (2), a plan shall be treated as meeting the requirements of such sections 417(a)(3)(B) and 205(c)(3)(B) (as in effect after such amendments) if the written explanation is provided within a reasonable period after December 31, 2013. 218. Modifications of additional participation requirements for defined benefit plans (a) In general Section 401(a)(26) is amended by redesignating subparagraph (H) as subparagraph (J) and by inserting after subparagraph (G) the following: (H) Requirements may be satisfied through minimum contributions to defined contribution plan (i) In general This paragraph shall not apply to a defined benefit plan of an employer for any plan year if— (I) the defined benefit plan is aggregated with a defined contribution plan of the employer for purposes of subsection (a)(4) and section 410(b), (II) the defined benefit plan and the defined contribution plan, when so aggregated, meet the requirements of subsection (a)(4) and section 410(b), and (III) the contribution requirements of clause (ii) are met with respect to the defined contribution plan. (ii) Contribution requirements The requirements of this clause are met with respect to a defined contribution plan if, under the plan, the employer is required to make nonelective contributions for the applicable plan year of at least 7.5 percent of compensation for a number of employees at least equal to the number of employees which the defined benefit plan would have been required to benefit under this paragraph without regard to this subparagraph. No highly compensated employees (within the meaning of section 414(q)) may be taken into account in determining whether the requirements of this clause are met. (iii) Applicable plan year For purposes of clause (ii), the term applicable plan year (I) Special rules for frozen plans (i) Aggregation permitted to satisfy requirements (I) In general Except as provided in subclauses (II) and (III), if a plan is a frozen defined benefit plan for any plan year, an employer may aggregate the plan with any other defined benefit plan or defined contribution plan of the employer for purposes of determining whether the requirements of this paragraph are met with respect to the frozen defined benefit plan. (II) Aggregation for other purposes An employer may not apply subclause (I) unless the employer also aggregates the plans for purposes of subsection (a)(4) and section 410(b). (III) Benefits of highly compensated employees disregarded In the case of any other plan aggregated with a frozen defined benefit plan under subclause (I), accrued benefits of highly compensated employees shall not be taken into account in applying subclause (I). (ii) Requirements not to apply in certain cases (I) In general Except as provided in subclause (II), this paragraph shall apply to a frozen defined benefit plan of an employer for any plan year only if the employer maintains any other defined benefit plan during the 6-year period beginning with the first day of the plan year. (II) Retroactive application Clause (i) shall not apply unless the frozen defined benefit plan provides that if the employer establishes or maintains any other defined benefit plan during the 6-year period under subclause (I), each employee (other than a highly compensated employee) shall retroactively accrue benefits under the frozen defined benefit plan for each year of service the employee would have had under the plan during such period (determined as if the employee were one of the employees required to benefit under the plan under this paragraph). (iii) Frozen defined benefit plan For purposes of this subparagraph, the term frozen defined benefit plan (iv) Highly compensated employee The term highly compensated employee . (b) Effective date The amendment made by this section applies to plan years beginning after December 31, 2013. 219. Treatment of custodial accounts on termination of section 403(b) (a) In general Section 403(b)(7) is amended by adding at the end the following: (D) Treatment of custodial account upon plan termination (i) In general If— (I) an employer terminates the plan under which amounts are contributed to a custodial account under subparagraph (A), and (II) the person holding the assets of the account has demonstrated to the satisfaction of the Secretary under section 408(a)(2) that the person is qualified to be a trustee of an individual retirement plan, then, as of the date of the termination, the custodial account shall be deemed to be an individual retirement plan for purposes of this title. (ii) Treatment as Roth IRA Any custodial account treated as an individual retirement plan under clause (i) shall be treated as a Roth IRA only if the custodial account was a designated Roth account. . (b) Effective date The amendments made by this section shall apply to plan terminations occurring after December 31, 2013. 220. Secure deferral arrangements (a) In general Subsection (k) of section 401, as amended by this Act, is amended by adding at the end the following new paragraph: (16) Alternative method for secure deferral arrangements to meet nondiscrimination requirements (A) In general A secure deferral arrangement shall be treated as meeting the requirements of paragraph (3)(A)(ii). (B) Secure deferral arrangement For purposes of this paragraph, the term secure deferral arrangement (C) Qualified percentage For purposes of this paragraph, with respect to any employee, the term qualified percentage (i) at least 6 percent, but not greater than 10 percent, during the period ending on the last day of the first plan year which begins after the date on which the first elective contribution described in paragraph (13)(C)(i) is made with respect to such employee, (ii) at least 8 percent during the first plan year following the plan year described in clause (i), and (iii) at least 10 percent during any subsequent plan year. (D) Matching contributions (i) In general For purposes of this paragraph, an arrangement shall be treated as having met the requirements of paragraph (13)(D)(i) if and only if the employer makes matching contributions on behalf of each employee who is not a highly compensated employee in an amount equal to the sum of 50 percent of the elective contributions of the employee to the extent that such contributions do not exceed 2 percent of compensation plus 30 percent of so much of such contributions as exceed 2 percent but do not exceed 10 percent of compensation. (ii) Application of rules for matching contributions The rules of clause (ii) of paragraph (12)(B) and clauses (iii) and (iv) of paragraph (13)(D) shall apply for purposes of clause (i) but the rule of clause (iii) of paragraph (12)(B) shall not apply for such purposes. The rate of matching contribution for each incremental deferral must be at least as high as the rate specified in clause (i), and may be higher, so long as such rate does not increase as an employee’s rate of elective contributions increases. . (b) Matching contributions and employee contributions Subsection (m) of section 401 is amended by redesignating paragraph (13) as paragraph (14) and by adding after paragraph (12) the following new paragraph: (13) Alternative method for secure deferral arrangements A defined contribution plan shall be treated as meeting the requirements of paragraph (2) with respect to matching contributions and employee contributions if the plan— (A) is a secure deferral arrangement (as defined in subsection (k)(16)), (B) meets the requirements of clauses (ii) and (iii) of paragraph (11)(B), and (C) provides that matching contributions on behalf of any employee may not be made with respect to an employee’s contributions or elective deferrals in excess of 10 percent of the employee’s compensation. . (c) Tax credit (1) In general Subpart (D) of part IV of subchapter A of Chapter 1 of subtitle A is amended by adding at the end thereof the following new section: 45S. Secure deferral arrangements (a) In general For purposes of section 38, in the case of an eligible employer maintaining a qualified employer plan (as defined in clauses (i) and (ii) of section 4972(d)(1)(A)), the secure deferral arrangement credit determined under this section for any taxable year is an amount equal to 10 percent of all matching and nonelective contributions under a secure deferral arrangement (as defined in section 401(k)(16)) made during the plan year ending with or within the taxable year of the eligible employer by or on behalf of employees other than highly compensated employees (as defined in section 414(q)). (b) Dollar limitation The amount of the credit determined under this section for any taxable year shall not exceed— (1) $10,000 for the first credit year and each of the 2 taxable years immediately following the first credit year, and (2) zero for any other taxable year. (c) First credit year The term first credit year (1) the taxable year of the eligible employer with which or within which ends the first plan year during which the secure deferral arrangement was in effect for the entire year, or (2) at the election of the eligible employer, the taxable year preceding the taxable year referred to in paragraph (1). (d) Definition and special rules (1) Eligible employer The term eligible employer (2) Aggregation All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one person. All qualified employer plans of an eligible employer shall be treated as 1 qualified employer plan. (3) Disallowance of deduction No deduction shall be allowed for that portion of the contribution for the taxable year which is equal to the credit determined under subsection (a). (4) Election not to claim credit This section shall not apply to a taxpayer for any taxable year if such taxpayer elects to have this section not apply for such taxable year. Any such taxable year shall not be taken into account under subsection (b). . (2) Conforming amendments (A) General business credit Subsection (b) of section 38 is amended by striking plus , plus (37) the secure deferral arrangement credit determined under section 45S. . (B) Credit cross-references (i) Subsection (k) of section 401, as amended by subsection (a), is amended by adding at the end the following new paragraph: (17) Secure deferral arrangement credit For a general business credit with respect to secure deferral arrangements, see section 45S. . (ii) Subsection (m) of section 401, as amended by subsection (b), is amended by redesignating paragraph (14) as paragraph (15) and by inserting after paragraph (13) the following new paragraph: (14) Secure deferral arrangement credit For a general business credit with respect to secure deferral arrangements, see section 45S. . (d) Facilitating qualified automatic contribution arrangements and secure deferral arrangements By no later than the date that is twelve months after the date of enactment of this Act, the Secretary of the Treasury shall prescribe rules that facilitate the administration of qualified automatic contribution arrangements (as defined in section 401(k)(13) of the Internal Revenue Code of 1986) and secure deferral arrangements (as defined in section 401(k)(16) of such Code). Such rules shall— (1) clarify, simplify, and provide safe harbors with respect to the application of the notice requirements described in section 401(k)(13)(E) of such Code, especially in cases where— (A) employees become eligible under such arrangements upon becoming employed or shortly thereafter, or (B) the employer has employees subject to different payroll and administrative systems, and (2) clarify, simplify, and provide safe harbors with respect to the timing of the increases in the qualified percentage described in subclauses (II), (III), and (IV) of section 401(k)(13)(C)(iii) of such Code and in clauses (ii) and (iii) of section 401(k)(16)(C) of such Code, especially in cases where the employer has employees subject to different payroll and administrative systems. (e) Effective dates (1) In general The amendments made by subsections (a) and (b) shall apply to plan years beginning after December 31, 2013. (2) Tax credit The amendments made by subsection (c) shall apply to taxable years beginning after December 31, 2013. 221. Portability of lifetime income options (a) In general Subsection (a) of section 401 is amended by inserting after paragraph (37) the following new paragraph: (38) Portability of lifetime income (A) In general A trust forming part of a defined contribution plan shall not be treated as failing to constitute a qualified trust under this section solely by reason of allowing— (i) qualified distributions of a lifetime income investment, or (ii) distributions of a lifetime income investment in the form of a qualified plan distribution annuity contract, on or after the date that is 90 days prior to the date on which such lifetime income investment is no longer authorized to be held as an investment option under the plan except as may otherwise be provided by regulations. (B) Definitions For purposes of this subsection— (i) the term qualified distribution (ii) the term lifetime income investment (I) that are not uniformly available with respect to other investment options under the plan, and (II) that are to a lifetime income feature available through a contract or other arrangement offered under the plan or under another eligible retirement plan (as defined in section 402(c)(8)(B)) through a direct trustee-to-trustee transfer to such other eligible retirement plan under section 401(a)(31)(A), (iii) the term lifetime income feature (I) a feature that guarantees a minimum level of income annually (or more frequently) for at least the remainder of the life of the employee or the joint lives of the employee and the employee’s designated beneficiary, or (II) an annuity payable on behalf of the employee under which payments are made in substantially equal periodic payments (not less frequently than annually) over the life of the employee or the joint lives of the employee and the employee’s designated beneficiary, taking into account the rules of clause (iii) of section 401(a)(9)(I), and (iv) the term qualified plan distribution annuity contract . (b) Cash or deferred arrangement Clause (i) of section 401(k)(2)(B) is amended by striking or and or (VI) with respect to amounts invested in a lifetime income investment (as defined in section 401(a)(38)(B)(ii)), the date that is 90 days prior to the date that such lifetime income investment may no longer be held as an investment option under the plan, provided that any distribution under this subclause must be in the form of a qualified distribution (as defined in section 401(a)(38)(B)(i)) or a qualified plan distribution annuity contract (as defined in section 401(a)(38)(B)(iv)), and . (c) Section 403( b (1) Annuity contracts Paragraph (11) of section 403(b) is amended by striking or , or (D) with respect to amounts invested in a lifetime income investment (as defined in section 401(a)(38)(B)(ii)), the date that is 90 days prior to the date that such lifetime income investment may no longer be held as an investment option under the plan, provided that any distribution under this subparagraph must be in the form of a qualified distribution (as defined in section 401(a)(38)(B)(i)) or a qualified plan distribution annuity contract (as defined in section 401(a)(38)(B)(iv)). . (2) Custodial accounts Clause (ii) of section 403(b)(7)(A) is amended to read as follows: (ii) under the custodial account, no such amounts may be paid or made available to any distributee (unless such amount is a distribution to which section 72(t)(2)(G) applies) before— (I) the employee dies, (II) the employee attains age 59½, (III) the employee has a severance from employment, (IV) the employee becomes disabled (within the meaning of section 72(m)(7)), (V) in the case of contributions made pursuant to a salary reduction agreement (within the meaning of section 3121(a)(5)(D)), the employee encounters financial hardship, or (VI) with respect to amounts invested in a lifetime income investment (as defined in section 401(a)(38)(B)(ii)), the date that is 90 days prior to the date that such lifetime income investment may no longer be held as an investment option under the plan, provided that any distribution under this subparagraph must be in the form of a qualified distribution (as defined in section 401(a)(38)(B)(i)) or a qualified plan distribution annuity contract (as defined in section 401(a)(38)(B)(iv)). . (d) Eligible deferred compensation plans Subparagraph (A) of section 457(d)(1) is amended by striking or or (iv) in the case of a plan maintained by an employer described in subsection (e)(1)(A), with respect to amounts invested in a lifetime income investment (as defined in section 401(a)(38)(B)(ii)), the date that is 90 days prior to the date that such lifetime income investment may no longer be held as an investment option under the plan, provided that any distribution under this subparagraph must be in the form of a qualified distribution (as defined in section 401(a)(38)(B)(i)) or a qualified plan distribution annuity contract (as defined in section 401(a)(38)(B)(iv)), . (e) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2013. 222. Consolidation of defined contribution plan notices (a) In general (1) Not later than 18 months after the date of the enactment of this Act, the Secretary of Labor and the Secretary of the Treasury shall adopt final regulations providing that a plan may, but is not required to, consolidate two or more of the notices required under sections 404(c)(5)(B) and 514(e)(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1144(e)(3) 29 U.S.C. 1024(b) (2) The Secretary of Labor and the Secretary of the Treasury may include in such regulations rules to ensure that, to the extent such notices are consolidated with the summary plan description or summary of material modifications, the presentation, placement, or prominence of the information in such notices shall not have the effect of failing to inform participants and beneficiaries regarding the information in such notices. (b) Provision of annual notices without regard to plan year (1) Clause (i) of section 404(c)(5)(B) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(c)(5)(B)) is amended— (A) in subclause (I) by striking within a reasonable period of time before each plan year, within a reasonable period before the arrangement described in subparagraph (A) applies to such participant or beneficiary, and thereafter at least once within any 12-month period (without regard to the plan year) during which such arrangement applies, (B) in subclause (II) by striking and before the beginning of the plan year (2) Subparagraph (A) of section 514(e)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144(e)(3)(A)) is amended by striking , within a reasonable period before such plan year, provide to each participant to whom the arrangement applies for such plan year , within a reasonable period before the arrangement applies to a participant or beneficiary, and thereafter at least once within any 12-month period (without regard to the plan year) during which such arrangement applies, provide (3) Clause (i) of section 401(k)(13)(E) , within a reasonable period before each plan year, each employee eligible to participate in the arrangement for such year receives each employee eligible to participate in the arrangement receives, within a reasonable period before the employee becomes eligible, and thereafter within a reasonable period before each plan year during which such arrangement applies, (4) Subparagraph (D) of section 401(k)(12) , within a reasonable period before any year, given written notice given written notice, within a reasonable period before the employee becomes eligible, and thereafter within a reasonable period before each plan year during which such arrangement applies, (5) Subparagraph (A) of section 414(w)(4) , within a reasonable period before each plan year, give to each employee to whom an arrangement described in paragraph (3) applies for such plan year , within a reasonable period before an arrangement described in paragraph (3) applies to an employee, and thereafter at least once within any 12-month period (without regard to the plan year) during which such arrangement applies, give to each such employee 223. Performance benchmarks for asset allocation funds Not later than six months after the date of enactment of this Act, the Secretary of Labor shall modify the regulations under section 404 of the Employee Retirement Income Security Act of 1974 to provide that, in the case of a designated investment alternative that contains a mix of asset classes, a plan administrator may, but is not required to, use a benchmark that is a blend of different broad-based securities market indices if— (1) the blend is reasonably representative of the asset class holdings of the designated investment alternative; (2) for purposes of determining the blend’s returns for 1-, 5-, and 10-calendar year periods (or for the life of the alternative, if shorter), the blend is modified at least once per year to reflect changes in the asset class holdings of the designated investment alternative; and (3) each securities market index that is used for an associated asset class would separately satisfy the requirements of such regulations for such asset class. C Longevity reforms 231. Modification of required minimum distribution rules where portion of benefit of defined contribution plan is annuitized (a) In general Section 401(a)(9) is amended by redesignating subparagraph (F) as subparagraph (G) and by inserting after subparagraph (E) the following: (F) Exemption for certain annuitized amounts This paragraph shall not apply to the portion of an employee's entire interest under a defined contribution plan which is invested in a qualified deferred annuity in accordance with the requirements of subsection (o). . (b) Investment in qualified annuity Section 401 is amended by redesignating subsection (o) as subsection (p) and by inserting after subsection (n) the following: (o) Rules and definitions relating to investments in qualified deferred annuities (1) In general Subparagraph (F) of subsection (a)(9) shall apply to the portion of an employee's entire interest under the plan invested in a qualified deferred annuity only if— (A) the annuity contract is purchased on or before the required beginning date, and (B) the investment in the contract does not exceed 25 percent of the employee's entire interest under the plan as of the close of the calendar year preceding the calendar year in which the purchase occurs. (2) Exception applies only to 1 annuity Subparagraph (F) of subsection (a)(9) shall apply only with respect to 1 qualified deferred annuity purchased with a portion of an employee's interest in any plan. (3) Qualified deferred annuity For purposes of subsection (a)(9)(F) and this subsection, the term qualified deferred annuity (A) which is a commercial annuity (as defined in section 3405(e)(6)) which provides benefits in the form of either— (i) a single annuity for the life of the employee under which the annuity payments are substantially equal periodic payments made not less frequently than annually, or (ii) a qualified joint and survivor annuity (as defined in section 417(b)) which is the actuarial equivalent of an annuity under clause (i), and (B) under which payments are deferred but must commence no later than the date on which the employee attains the age of 85. (4) Employee dying before distributions begin If— (A) an employee dies before the distribution of the employee's interest has begun in accordance with subsection (a)(9)(A)(ii) and before the employee has invested in a qualified deferred annuity in accordance with this subsection, and (B) the designated beneficiary is the surviving spouse of the employee, the surviving spouse may invest any portion of the entire interest in a qualified deferred annuity in accordance with this subsection in the same manner as the employee but the required beginning date shall not be earlier than, and the deferral period of the annuity shall be based on, the dates the employee would have attained the age of 70 ½ (5) Special rule for IRAs and 403(b) In the case of individual retirement plans and annuity contracts to which the requirements of subsection (a)(9) apply by reason of subsections (a)(6) and (b)(3) of section 408 and section 403(b)(10), the employee may elect to treat all such plans and accounts with the same required beginning date as 1 plan for purposes of applying this subsection. . (c) Effective date The amendments made by this section shall apply to investments in annuity contracts after December 31, 2013. 232. Updating of mortality tables for minimum required distributions Section 401(a)(9), as amended by section 231, is amended by redesignating subparagraph (G) as subparagraph (H) and by inserting after subparagraph (F) the following: (G) Mortality tables (i) Initial update Not later than 1 year after the date of the enactment of this subparagraph, the Secretary shall either update, or provide new tables to replace, the mortality tables used as of such date for purposes of this paragraph. (ii) Periodic revision The Secretary shall (at least every 5 years) make revisions in, or provide new tables to replace, any table in effect under this subparagraph to reflect the actual experience of pension plans and projected trends in such experience. (iii) Effective date Any table prescribed under this subparagraph shall apply to plan years beginning after the date which is 1 year after publication of the final table. . 233. Minimum required distributions may be rolled over into Roth IRAs (a) In general Section 408A(e) is amended by adding at the end the following: (3) Rollover of minimum required distributions allowed Section 408(d)(3)(E) shall not apply in determining whether a rollover contribution is a qualified rollover distribution under paragraph (1). . (b) Effective date The amendment made by this section shall apply to distributions for taxable years beginning after December 31, 2013. 234. Transfer of minimum survivor annuity requirements from plan sponsors to annuity providers (a) Amendment of 1986 Code Section 417 is amended by adding at the end the following: (h) Transfer of minimum survivor annuity requirements from plan sponsors to annuity providers (1) In general If a defined contribution plan to which the requirements of section 401(a)(11) and this section apply has a designated annuity provider, then, except as provided in paragraph (3), the designated annuity provider (and not any plan sponsor or administrator) shall be liable for any failure to meet any such requirement. (2) Designated annuity provider For purposes of this subsection, the term designated annuity provider (A) provide annuity contracts to participants and beneficiaries under the plan, and (B) meet all requirements under this section and section 401(a)(11) with respect to the providing of such annuities, including providing such annuities in the proper form, providing any notice or written explanations during any applicable notice period, and providing the opportunity for participants and their spouses or beneficiaries to make appropriate elections during any applicable election period. (3) Requirement for prudent solicitation and retention of provider This subsection shall apply to a plan with a designated annuity provider only if the plan sponsor or other person who is a fiduciary with respect to the plan met all requirements for the prudent selection and periodic review of the annuity provider with respect to whom a contract described in paragraph (2) was entered into. (4) Authority to charge fees to participants A plan shall not be treated as failing to meet the requirements of this subsection merely because plan assets are used to pay for reasonable expenses of the designated annuity provider in meeting the requirements described in paragraph (2)(B). (5) Electronic notification The Secretary shall, to the maximum extent practicable, ensure that notices and explanations provided by the designated annuity provider are provided in electronic form. . (b) Amendment of ERISA Section 205 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1055 (m) Transfer of minimum survivor annuity requirements from plan sponsors to annuity providers (1) In general If an individual account plan to which the requirements of this section apply has a designated annuity provider, then, except as provided in paragraph (3), the designated annuity provider (and not any plan sponsor or administrator) shall be liable for any failure to meet any such requirement. (2) Designated annuity provider For purposes of this subsection, the term designated annuity provider (A) provide annuity contracts to participants and beneficiaries under the plan, and (B) meet all requirements under this section and section 401(a)(11) of the Internal Revenue Code of 1986 with respect to the providing of such annuities, including providing such annuities in the proper form, providing any notice or written explanations during any applicable notice period, and providing the opportunity for participants and their spouses or beneficiaries to make appropriate elections during any applicable election period. (3) Requirement for prudent solicitation and retention of provider This subsection shall apply to a plan with a designated annuity provider only if the plan sponsor or other person who is a fiduciary with respect to the plan met all requirements for the prudent selection and periodic review of the annuity provider with respect to whom a contract described in paragraph (2) was entered into. (4) Authority to charge fees to participants A plan shall not be treated as failing to meet the requirements of this subsection merely because plan assets are used to pay for reasonable expenses of the designated annuity provider in meeting the requirements described in paragraph (2)(B). (5) Electronic notification The Secretary of the Treasury shall, to the maximum extent practicable, ensure that notices and explanations provided by the designated annuity provider are provided in electronic form. . (c) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2013. 235. Expansion of Employee Plans Compliance Resolution System (a) In general Not later than one year after the date of the enactment of this Act, the Secretary of the Treasury shall modify the Employee Plans Compliance Resolution System (as described in Revenue Procedure 2013–12) to achieve the results specified in the succeeding subsections of this section and to further facilitate corrections and compliance in such other means as the Secretary deems appropriate. (b) Loan error (1) In the case of plan loan errors for which corrections are specified under the voluntary compliance program, self-correction shall be made available by methods applicable to such loans through the voluntary compliance program. (2) The Secretary of Labor shall treat any loan error corrected pursuant to paragraph (1) as meeting the requirements of the Voluntary Fiduciary Correction Program of the Department of Labor. (c) 457( b The Secretary of the Treasury shall update the Employee Plans Compliance Resolution System to provide the same type of comprehensive correction program that is available under such system to retirement plans qualified under section 401(a) of the Internal Revenue Code of 1986 to plans maintained pursuant to section 457(b) of such Code by an employer described in section 457(e)(1)(A) of such Code. (d) EPCRS for IRAs The Secretary of the Treasury shall expand the Employee Plans Compliance Resolution System to allow custodians of individual retirement plans to address inadvertent errors for which the owner of an individual retirement plan was not at fault, including (but not limited to)— (1) waivers of the excise tax that would otherwise apply under section 4974 of the Internal Revenue Code of 1986, (2) under the self-correction component of the Employee Plans Compliance Resolution System, waivers of the 60-day deadline for a rollover where the deadline is missed for reasons beyond the reasonable control of the account owner, and (3) rules permitting a nonspouse beneficiary to return distributions to an inherited individual retirement plan described in section 408(d)(3)(C) of the Internal Revenue Code of 1986 in a case where, due to an inadvertent error by a service provider, the beneficiary had reason to believe that the distribution could be rolled over without inclusion in income of any part of the distributed amount. (e) Required minimum distribution corrections The Secretary of the Treasury shall expand the Employee Plans Compliance Resolution System to allow plans to which such system applies and custodians of individual retirement plans to self-correct, without an excise tax, any inadvertent errors pursuant to which a distribution is made no more than 180 days after it was required to be made. (f) Automatic feature error correction In order to promote the adoption of automatic enrollment and automatic escalation, the Secretary of the Treasury shall modify the Employee Plans Compliance Resolution System to establish specific correction methods for errors in implementing automatic enrollment and automatic escalation features. D Modifications to the Employee Retirement Income Security Act of 1974 241. Electronic communication of pension plan information (a) Amendment to Employee Retirement Income Security Act of 1974 Part 1 of subtitle B of title 1 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1021 et seq. 112. Electronic communication of pension plan information Any document that is required or permitted under this title to be furnished to a plan participant, beneficiary, or other individual with respect to a pension plan may be furnished in electronic form if— (1) the system for furnishing such a document— (A) is designed to result in access to the document by the participant, beneficiary, or other specified individual through electronic means, including— (i) the direct delivery of material to an electronic address of such participant, beneficiary, or individual, (ii) the posting of material to a website or other internet or electronic-based information repository to which access has been granted to such participant, beneficiary, or individual, but only if proper notice of the posting has been provided (which may include notice furnished by other electronic means if the content of the notice conveys the need to take action to access the posted material), and (iii) other electronic means reasonably calculated to ensure actual receipt of the material by such participant, beneficiary, or individual, and (B) protects the confidentiality of personal information relating to such participant's, beneficiary's, or individual's accounts and benefits; (2) the participant or beneficiary has not elected to receive a paper version of such document; (3) notice is provided to each participant or beneficiary, in electronic or non-electronic form, before a document is furnished electronically, that apprises the individual of the right to elect to receive a paper version of such document; and (4) the electronically furnished document— (A) is prepared and furnished in a manner that is consistent with the style, format, and content requirements applicable to the particular document; and (B) includes a notice that apprises the individual of the significance of the document when it is not otherwise reasonably evident as transmitted. For purposes of this section, the term document . (b) Amendment to Internal Revenue Code of 1986 Section 414 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (y) Electronic communication of pension plan information Any document that is required or permitted under this title to be furnished to a plan participant, beneficiary, or other individual with respect to a pension plan may be furnished in electronic form if— (1) the system for furnishing such a document— (A) is designed to result in access to the document by the participant, beneficiary, or other specified individual through electronic means, including— (i) the direct delivery of material to an electronic address of such participant, beneficiary, or individual, (ii) the posting of material to a website or other internet or electronic-based information repository to which access has been granted to such participant, beneficiary, or individual, but only if proper notice of the posting has been provided (which may include notice furnished by other electronic means if the content of the notice conveys the need to take action to access the posted material), and (iii) other electronic means reasonably calculated to ensure actual receipt of the material by such participant, beneficiary, or individual, and (B) protects the confidentiality of personal information relating to such participant's, beneficiary's, or individual's accounts and benefits; (2) the participant or beneficiary has not elected to receive a paper version of such document; (3) notice is provided to each participant or beneficiary, in electronic or non-electronic form, before a document is furnished electronically, that apprises the individual of the right to elect to receive a paper version of such document; and (4) the electronically furnished document— (A) is prepared and furnished in a manner that is consistent with the style, format, and content requirements applicable to the particular document; and (B) includes a notice that apprises the individual of the significance of the document when it is not otherwise reasonably evident as transmitted. For purposes of this subsection, the term document . (c) Effective date The amendments made by this section shall apply with respect to documents furnished with respect to plan years beginning after December 31, 2013. 242. Modification of deadlines for summary plan description updates (a) In general Paragraph (1) of section 104(b) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1024(b)(1) (1) (A) The administrator shall furnish to each participant, and each beneficiary receiving benefits under the plan, a copy of the summary plan description, and all modifications and changes referred to in section 102(a)— (i) within 90 days after becoming a participant, or in the case of a beneficiary, within 90 days after first receiving benefits, or (ii) if later, within 120 days after the plan becomes subject to this part. (B) (i) Except as provided in clause (ii), the administrator shall furnish to each participant, and each beneficiary receiving benefits under the plan, every fifth year after the plan becomes subject to this part an updated summary plan description described in section 102 which integrates all plan amendments made within such five-year period, except that in a case where no amendments have been made to a plan during such five-year period, this sentence shall not apply. Notwithstanding the foregoing, the administrator shall furnish to each participant, and to each beneficiary receiving benefits under the plan, the summary plan description described in section 102 every tenth year after the plan becomes subject to this part. (ii) In the case of a pension plan, the administrator shall furnish to each participant, and each beneficiary receiving benefits under the plan, 210 days after the end of each remedial plan review period, an updated summary plan description described in section 102 which integrates all plan amendments made during such period, except that if no amendments have been made to a plan during such period, an updated summary plan description shall be furnished not later than 210 days after the end of the subsequent remedial plan review period (without regard to whether plan amendments were made during such subsequent period). (C) (i) If there is a modification or change described in section 102(a) (other than a material reduction in covered services or benefits provided in the case of a group health plan (as defined in section 733(a)(1))), a summary description of such modification or change shall be furnished not later than 210 days after the end of the plan year in which the change is adopted to each participant, and to each beneficiary who is receiving benefits under the plan. (ii) For purposes of clause (i), any amendment to a pension plan adopted during a remedial plan review period shall be treated as adopted in the plan year in which the amendment took effect. (D) If there is a modification or change described in section 102(a) that is a material reduction in covered services or benefits provided under a group health plan (as defined in section 733(a)(1)), a summary description of such modification or change shall be furnished to participants and beneficiaries not later than 60 days after the date of the adoption of the modification or change. In the alternative, the plan sponsors may provide such description at regular intervals of not more than 90 days. (E) In this paragraph, the term remedial plan review period section 401 . (b) Effective date The amendments made by this section shall apply with respect to summary plan descriptions furnished under section 104(b) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1024(b) 29 U.S.C. 1022(a) 243. Modification of small plan simplified reporting requirements (a) In general Section 104(a)(2) of the Employee Retirement Income Security Act of 1974, as amended by section 201(c) of this Act, is amended by striking 100 participants 100 participants who have an accrued benefit under the plan (b) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2013. 244. Fiduciary requirement regarding selection of annuity provider and annuity contract (a) In general Section 404 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104 (e) Ability of annuity providers To make payments In the case of the selection of an annuity provider and annuity contract in connection with the payment of benefits under a defined contribution plan, the fiduciary requirement under subsection (a)(1)(B) is deemed satisfied with respect to determining the ability of the annuity provider to make all payments due under the contract to the extent that such payments are guaranteed by a State guaranty association under applicable State law in effect as of the date of issuance of the contract. . (b) Effective date The amendment made by subsection (a) shall apply to annuity contracts purchased after the date of enactment of this Act. III Individual retirement investment advice reform 301. Transfer to Secretary of the Treasury of authorities regarding individual retirement plans (a) In general Section 102 of Reorganization Plan No. 4 of 1978 (ratified and affirmed as law by Public Law 98–532 (98 Stat. 2705)) is amended— (1) in subsection (a)— (A) by striking and (B) by striking and (C) by inserting (iv) regulations, rulings, opinions, and exemptions relating to individual retirement accounts described in section 408(a) of the Code and individual retirement annuities described in section 408(b) of the Code, including simplified employee pensions under section 408(k) of the Code and simple retirement accounts under section 408(p) of the Code; and (v) regulations described in section 103(b) of this Plan; and (2) by adding at the end the following new flush sentence: The Secretary of the Treasury shall consult with the Securities and Exchange Commission in prescribing regulations, rulings, opinions, and exemptions under subsection (a)(iv) that provide guidance of general application as to the professional standards of care (whether involving fiduciary, suitability, or other standards) owed by brokers and investment advisors to owners and account holders of accounts and annuities described in such subsection. . (b) Joint authority Section 103 of such Plan is amended— (1) by striking In the case of (a) In the case of ; and (2) by adding at the end: (b) (1) The Secretary of the Treasury and the Secretary of Labor shall have joint authority to issue regulations described in this subsection, and any such regulations shall be issued jointly by such Secretaries. (2) A regulation is described in this subsection if (i) the regulation is not described in clause (i), (ii), (iii), or (iv) of section 102(a) of this Plan and (ii) defines or interprets a term or requirement that is included in section 4975 of the Code or section 406 of ERISA. The determination of whether any regulation is described in this subsection shall be made without regard to whether any such term or requirement is also used or defined in any other provision of the Code or ERISA. . (c) Effective date (1) In general The amendments made by this section shall apply to regulations, rulings, opinions, and exemptions which have not been finalized as of July 8, 2013. (2) Transition Any final regulation, ruling, opinion, or exemption described in section 102(a)(iv) or 103(b) of Reorganization Plan No. 4 of 1978 (as added by the amendments made by this section) which was issued by the Secretary of Labor before July 9, 2013, shall apply until such time as such regulation, ruling, opinion, or exemption is revoked or modified pursuant to such amendments.

SAFE Retirement Act of 2013

Foreign Aid Transparency and Accountability Act of 2013 - (Sec. 2) Directs the President to establish guidelines for the establishment of measurable goals, performance metrics, and monitoring and evaluation plans for U.S. foreign assistance programs. Requires: (1) each appropriate federal department or agency to begin using such guidelines within one year after their establishment, and (2) the President to submit a related report to Congress within 18 months. States that the Secretary of State shall not be required to implement guidelines for certain security sector assistance programs to the extent that the President is already taking steps to implement measures with respect to similar security sector assistance. Directs the Comptroller General (GAO) to submit related reports to Congress. (Sec. 3) Directs the President to require the Secretary of State to revise the Department of State's Internet website, ForeignAssistance.gov, to make publicly available comprehensive and accessible information on U.S. foreign assistance programs on a country-by-country and program-by program basis. (Sec. 4) Expresses the sense of Congress that Congress shall take into account certain GAO reports required by this Act when making decisions regarding the appropriation of funds for each department or agency that administers U.S. foreign assistance. (Sec. 5) Authorizes a department or agency to use up to 5% of its foreign development assistance funds for activities under this Act.

To direct the President to establish guidelines for United States foreign assistance programs, and for other purposes. 1. Short title This Act may be cited as the Foreign Aid Transparency and Accountability Act of 2013 2. Guidelines for United States foreign assistance programs (a) Purpose The purpose of this section is to evaluate the performance of United States foreign assistance and its contribution to policy, strategies, projects, program goals, and priorities undertaken by the Federal Government, to foster and promote innovative programs to improve effectiveness, and to coordinate the monitoring and evaluation processes of Federal departments and agencies that administer foreign assistance. (b) Establishment of guidelines Not later than 18 months after the date of the enactment of this Act, the President shall establish guidelines regarding the establishment of measurable goals, performance metrics, and monitoring and evaluation plans that can be applied with reasonable consistency to United States foreign assistance. Such guidelines shall be established according to best practices of monitoring and evaluation studies and analyses. (c) Objectives of guidelines (1) In general The guidelines established under subsection (b) shall provide direction to Federal departments and agencies that administer United States foreign assistance on how to develop the complete range of activities relating to the monitoring of resources, the evaluation of projects, the evaluation of program impacts, and analysis that is necessary for the identification of findings, generalizations that can be derived from those findings, and their applicability to proposed project and program design. (2) Objectives Specifically, the guidelines shall provide direction on how to achieve the following objectives for monitoring and evaluation programs: (A) Building measurable goals, performance metrics and monitoring and evaluation into program design, to be tracked against an established baseline at the outset, including the provision of sufficient program resources to conduct monitoring and evaluation. (B) Disseminating guidelines for the development and implementation of monitoring and evaluation programs to all personnel, especially in the field, who are responsible for the design, implementation, and management of foreign assistance programs. (C) Developing a clearinghouse capacity for the collection and dissemination of knowledge and lessons learned that serve as benchmarks to guide future programs for United States development professionals, implementing partners, the international aid community, and aid recipient governments, and as a repository of knowledge on lessons learned. (D) Distributing evaluation reports internally and making this material available online to the public. Furthermore, providing a summary of each evaluation, including a description of the evaluation methodology, and key findings and recommendations made in the evaluation, to the public online in a fully searchable form within 90 days after the completion of the evaluation. Any material made available online pursuant to this subparagraph may not include any classified or proprietary information of nongovernmental organizations, contractors, or private sector clients. (E) Establishing annual monitoring and evaluation agendas and objectives. (F) Applying rigorous monitoring and evaluation methodologies to focus on learning, accountability, and policymaking, choosing from among a wide variety of qualitative, quantitative, summative, and formative methods common in the field of social scientific inquiry, including impact evaluations, a simple grading system providing a clear evaluation of outcomes, and analysis of project logic that includes inputs, activities, outputs, intermediate outcomes, and end outcomes. (G) Partnering with the academic community, implementing partners, and national and international institutions that have expertise in monitoring and evaluation and analysis when such partnerships will provide needed expertise or will significantly improve the evaluation and analysis. (H) Developing and implementing a training plan for aid personnel on the proper conduct of monitoring and evaluation programs. (I) Providing relevant and useful evaluation questions that meet the needs of decisionmakers, an appropriate and feasible design for the evaluation questions, and criteria that permit objective assessment and valid conclusions on the evaluation questions. (J) Ensuring sufficient, credible, and reliable measures and data in the evaluation of the effectiveness of foreign assistance programs, including an assessment of assumptions and limitations in such evaluations. (K) Ensuring that generally accepted standards such as independence, professional judgment, competence, and quality control and assurance are followed in the monitoring and evaluation of programs. (d) Implementation of guidelines Beginning not later than one year after the date on which the President establishes the guidelines under subsection (b), the head of each Federal department or agency that administers United States foreign assistance shall administer the foreign assistance in accordance with the guidelines. (e) Presidential report Not later than 18 months after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report that contains a detailed description of the guidelines that have been developed on measurable goals, performance metrics, and monitoring and evaluation plans for United States foreign assistance programs established under this section. The report shall be submitted in unclassified form to the maximum extent possible, but may contain a classified annex. (f) Implementation not required for certain security sector assistance (1) In general The Secretary of State shall not be required to administer any United States foreign assistance program relating to United States security sector assistance in accordance with the guidelines established under this section if the Secretary of State makes a determination that the administration of such program in accordance with the guidelines would be detrimental to the national interests of the United States. (2) Briefings or report The Secretary of State shall provide briefings or submit a written report to the appropriate congressional committees explaining any determination made under paragraph (1). Any such report may be submitted to the appropriate congressional committees in classified form. (g) Comptroller General reports The Comptroller General of the United States shall— (1) not later than one year after the date of the enactment of this Act, submit to the appropriate congressional committees a report that contains an analysis of the actions that the major Federal departments and agencies that administer United States foreign assistance have taken to ensure that United States foreign assistance program evaluation is planned, conducted, and utilized effectively; (2) not later than three years after the date of the enactment of this Act, submit to the appropriate congressional committees a report that contains an analysis of— (A) the guidelines established pursuant to subsection (b); and (B) the implementation of the guidelines by the major Federal departments and agencies that administer United States foreign assistance; and (3) not later than 5 years after the date of the enactment of this Act, and biennially thereafter for 8 years, submit to the appropriate congressional committees a report that contains an analysis of the implementation of the guidelines by the major Federal departments and agencies that administer United States foreign assistance. (h) Evaluation defined In this section, the term evaluation 3. Internet website to make publicly available comprehensive, timely, comparable, and accessible information on United States foreign assistance programs (a) Publication of information (1) Establishment of website Not later than 30 days after the date of the enactment of this Act, the President shall direct the Secretary of State to revise the Department of State's Internet website, ForeignAssistance.gov (2) Information sharing The head of each Federal department or agency that administers United States foreign assistance shall, not later than two years after the date of the enactment of this Act, and every 90 days thereafter, provide to the Secretary of State information about the foreign assistance programs carried out by such department or agency. (3) Updates to website The Secretary of State shall publish not later than 2 years after the date of the enactment of this Act and update on a quarterly basis on the ForeignAssistance.gov (b) Matters To be included (1) In general The information described in subsection (a) shall be published on a detailed program-by-program basis and country-by-country basis. (2) Types of information To ensure transparency, accountability, and effectiveness of United States foreign assistance programs, the information described in subsection (a) shall include country assistance strategies, annual budget documents, congressional budget justifications, obligations, expenditures, and reports and evaluations for United States foreign assistance programs and projects under such programs. Each type of information described in this paragraph shall be published or updated on the Internet website not later than 90 days after the date of issuance of the information. (3) Report in lieu of inclusion (A) Health or security of implementing partners If the head of a Federal department or agency makes a determination that the inclusion of a required item of information on the Internet website would jeopardize the health or security of an implementing partner or program beneficiary, the head of the Federal department or agency may provide briefings to the appropriate congressional committees on the item of information or submit to the appropriate congressional committees the item of information in a written report in lieu of including it on the Internet website, along with the reasons for not including it in the database required under this section. (B) National interests of the United States If the Secretary of State makes a determination that the inclusion of a required item of information on the Internet website would be detrimental to the national interests of the United States, the Secretary of State shall provide briefings to the appropriate congressional committees on the item of information or submit to the appropriate congressional committees the item of information in a written report in lieu of including it on the Internet website, along with the reasons for not including it in the database required under this section. (C) Form Any briefing or item of information provided under this paragraph may be provided in classified form. (4) Failure to comply If the head of the department or agency fails to comply with the requirements under paragraph (2), the head shall indicate for each required item— (A) identification of the reason for not including the information during that quarter; (B) a detailed explanation of the reason; and (C) the department’s or agency’s plan and timeline for including the omitted information for the current fiscal year and the following two fiscal years, including milestones, deadlines, prerequisites, and other explanatory information. (c) Scope of information (1) In general The Internet website shall contain the information described in subsection (b) as follows: (A) For fiscal year 2013, the information relating to such fiscal year and each of the immediately preceding 2 fiscal years. (B) For fiscal year 2014, the information relating to such fiscal year and each of the immediately preceding 3 fiscal years. (C) For fiscal year 2015, the information relating to such fiscal year and each of the immediately preceding 4 fiscal years. (D) For fiscal year 2016, the information relating to such fiscal year and each of the immediately preceding 5 fiscal years. (2) Older information For fiscal year 2017 and each fiscal year thereafter, the Internet website shall also contain a link to a searchable database available to the public containing information described in subsection (b) relating to fiscal years prior to the immediately preceding 5 fiscal years but subsequent to fiscal year 2010. 4. Sense of Congress on implementation It is the sense of Congress that Congress shall take into account the Comptroller General's reports under section 2(f)(2) when making decisions regarding the appropriation of funds for each department or agency that administers United States foreign assistance. 5. Availability of funds Up to 5 percent of the amounts authorized to be appropriated for a fiscal year for each Federal department or agency for United States foreign assistance programs is authorized to be appropriated to carry out this Act with respect to such programs for such fiscal year. 6. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees (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) United States foreign assistance The term United States foreign assistance (3) United States security sector assistance The term United States security sector assistance 1. Short title This Act may be cited as the Foreign Aid Transparency and Accountability Act of 2013 2. Guidelines for United States foreign assistance programs (a) Purpose The purpose of this section is to evaluate the performance of United States foreign assistance and its contribution to policy, strategies, projects, program goals, and priorities undertaken by the Federal Government, to foster and promote innovative programs to improve effectiveness, and to coordinate the monitoring and evaluation processes of Federal departments and agencies that administer foreign assistance. (b) Establishment of guidelines Not later than 18 months after the date of the enactment of this Act, the President shall establish guidelines to set measurable goals, performance metrics, and monitoring and evaluation plans that can be applied with reasonable consistency to United States foreign assistance programs. (c) Objectives of guidelines (1) In general The guidelines established under subsection (b) shall provide direction to Federal departments and agencies that administer United States foreign assistance on how to develop the complete range of activities relating to the monitoring of resources, the evaluation of projects, the evaluation of program impacts, and analysis that is necessary for the identification of findings, generalizations that can be derived from those findings, and their applicability to proposed project and program design. (2) Objectives Specifically, the guidelines shall provide direction on how to achieve the following objectives for monitoring and evaluation programs: (A) Building measurable goals, performance metrics and monitoring and evaluation into program design, to be tracked against an established baseline at the outset, including the provision of sufficient program resources to conduct monitoring and evaluation. (B) Disseminating guidelines for the development and implementation of monitoring and evaluation programs to all personnel, especially in the field, who are responsible for the design, implementation, and management of foreign assistance programs. (C) Developing a clearinghouse capacity for the collection and dissemination of knowledge and lessons learned that serve as benchmarks to guide future programs for United States development professionals, implementing partners, the international aid community, and aid recipient governments, and as a repository of knowledge on lessons learned. (D) Distributing evaluation reports internally and making this material available online to the public. Furthermore, providing a summary of each evaluation, including a description of the evaluation methodology, and key findings and recommendations made in the evaluation, to the public online in a fully searchable form within 90 days after the completion of the evaluation. Any material made available online pursuant to this subparagraph may not include any classified or proprietary information of nongovernmental organizations, contractors, or private sector clients. (E) Establishing annual monitoring and evaluation agendas and objectives. (F) Applying rigorous monitoring and evaluation methodologies to focus on learning, accountability, and policymaking, choosing from among a wide variety of qualitative, quantitative, summative, and formative methods common in the field of social scientific inquiry, including impact evaluations, a simple grading system providing a clear evaluation of outcomes, and analysis of project logic that includes inputs, activities, outputs, intermediate outcomes, and end outcomes. (G) Partnering with the academic community, implementing partners, and national and international institutions that have expertise in monitoring and evaluation and analysis when such partnerships will provide needed expertise or will significantly improve the evaluation and analysis. (H) Developing and implementing a training plan for aid personnel on the proper conduct of monitoring and evaluation programs. (I) Providing relevant and useful evaluation questions that meet the needs of decisionmakers, an appropriate and feasible design for the evaluation questions, and criteria that permit objective assessment and valid conclusions on the evaluation questions. (J) Ensuring sufficient, credible, and reliable measures and data in the evaluation of the effectiveness of foreign assistance programs, including an assessment of assumptions and limitations in such evaluations. (K) Ensuring that generally accepted standards such as independence, professional judgment, competence, and quality control and assurance are followed in the monitoring and evaluation of programs. (d) Implementation of guidelines Beginning not later than one year after the date on which the President establishes the guidelines under subsection (b), the head of each Federal department or agency that administers United States foreign assistance shall administer the foreign assistance in accordance with the guidelines. (e) Presidential report Not later than 18 months after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report that contains a detailed description of the guidelines that have been developed on measurable goals, performance metrics, and monitoring and evaluation plans for United States foreign assistance programs established under this section. The report shall be submitted in unclassified form to the maximum extent possible, but may contain a classified annex. (f) Guideline requirement for certain security sector assistance (1) In general The Secretary of State shall not be required to implement guidelines established under subsection (b) for certain security sector assistance programs to the extent that the President is already taking steps as of the date of the enactment of this Act to implement measures with respect to security sector assistance that are similar to those referred to in this section pursuant to guidance that the President has promulgated. (2) Notification and briefing requirements The Secretary of State shall provide to the appropriate congressional committees a classified or unclassified briefing describing any such measures being implemented. (g) Comptroller General reports The Comptroller General of the United States shall— (1) not later than one year after the date of the enactment of this Act, submit to the appropriate congressional committees a report that analyzes the actions taken by each Federal department and agency that administers United States foreign assistance programs to ensure that the monitoring and evaluation of such programs is planned, conducted, and utilized effectively; (2) not later than 3 years after the date of the enactment of this Act, submit to the appropriate congressional committees a report that analyzes— (A) the guidelines established pursuant to subsection (b); and (B) the implementation of such guidelines by each Federal department and agency that administers United States foreign assistance programs; and (3) not later than 5 years after the date of the enactment of this Act, and biennially thereafter for 8 years, submit to the appropriate congressional committees a report that analyzes any revisions to the guidelines established under subsection (b), and the implementation of such guidelines by each Federal department and agency that administers United States foreign assistance programs. (h) Evaluation defined In this section, the term evaluation 3. Provision of public information on United States foreign assistance programs (a) Publication of information (1) Establishment of website Not later than 30 days after the date of the enactment of this Act, the President shall direct the Secretary of State to revise the Department of State's Internet website, ForeignAssistance.gov (2) Information sharing The head of each Federal department or agency that administers United States foreign assistance shall, not later than two years after the date of the enactment of this Act, and every 120 days thereafter, provide to the Secretary of State information about the foreign assistance programs carried out by such department or agency. (3) Updates to website The Secretary of State shall publish not later than 2 years after the date of the enactment of this Act and update on a semiannual basis on the ForeignAssistance.gov (b) Matters To be included (1) In general The information described in subsection (a) shall be published on a detailed program-by-program basis and country-by-country basis. (2) Types of information To ensure transparency, accountability, and effectiveness of United States foreign assistance programs, the information described in subsection (a) shall include country assistance strategies, annual budget documents, congressional budget justifications, obligations, expenditures, and reports and evaluations for United States foreign assistance programs and projects under such programs. Each type of information described in this paragraph shall be published or updated on the Internet website not later than 90 days after the date of issuance of the information. (3) Report in lieu of inclusion (A) Health or security of implementing partners If the head of a Federal department or agency makes a determination that the inclusion of a required item of information on the Internet website would jeopardize the health or security of an implementing partner or program beneficiary, the head of the Federal department or agency may provide briefings to the appropriate congressional committees on the item of information or submit to the appropriate congressional committees the item of information in a written report in lieu of including it on the Internet website, along with the reasons for not including it in the database required under this section. (B) National interests of the United States If the Secretary of State makes a determination that the inclusion of a required item of information on the Internet website would be detrimental to the national interests of the United States, the Secretary of State shall provide briefings to the appropriate congressional committees on the item of information or submit to the appropriate congressional committees the item of information in a written report in lieu of including it on the Internet website, along with the reasons for not including it in the database required under this section. (C) Form Any briefing or item of information provided under this paragraph may be provided in classified form. (4) Failure to comply If the head of the department or agency fails to comply with the requirements under paragraph (2), the head shall provide to the appropriate congressional committees a briefing indicating for each required item— (A) identification of the reason for not including the information; (B) a detailed explanation of the reason; and (C) the department’s or agency’s plan and timeline for including the omitted information for the current fiscal year and the following two fiscal years, including milestones, deadlines, prerequisites, and other explanatory information. (c) Scope of information (1) In general The online publication required by subsection (a) shall, at a minimum, provide the information required by subsection (b)— (A) in each fiscal year from 2013 through 2016, such information for fiscal years 2011 through the current fiscal year; and (B) for fiscal year 2017 and each fiscal year thereafter, such information for the immediately preceding five fiscal years in a fully searchable form. 4. Sense of Congress on implementation It is the sense of Congress that Congress should take into account the Comptroller General’s reports under section 2 in making decisions regarding the appropriation of funds for each department or agency that administers United States foreign assistance. 5. Availability of funds Up to 5 percent of the amounts authorized to be appropriated for a fiscal year for each Federal department or agency for United States foreign assistance programs is authorized to be appropriated to carry out this Act with respect to such programs for such fiscal year. 6. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees (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) United States foreign assistance The term United States foreign assistance (3) United States security sector assistance The term United States security sector assistance (A) engage with foreign partners and help shape their policies and actions in the security sector; (B) help foreign partners build and sustain the capacity and effectiveness of legitimate institutions to provide security, safety, and justice for their people; and (C) enable foreign partners to contribute to efforts that address common security challenges. December 20, 2013 Reported with an amendment

Foreign Aid Transparency and Accountability Act of 2013