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Exchange Sunset Act of 2013 - Amends the Patient Protection and Affordable Care Act to make inapplicable provisions concerning Health Benefit Exchanges if one or more Exchanges fail to accept applications for enrollment in qualified health plans beginning on October 1, 2013. Amends the Internal Revenue Code to terminate the requirement that individuals maintain minimum essential coverage upon such a determination by the Secretary of the Treasury.

To provide that certain requirements of the Patient Protection and Affordable Care Act do not apply if the American Health Benefit Exchanges are not operating on October 1, 2013. 1. Short title This Act may be cited as the Exchange Sunset Act of 2013 2. Nonapplication of the Patient Protection and Affordable Care Act (a) Termination of Exchange requirement Section 1311 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031 (l) Failure To offer coverage If one or more Exchanges fails to accept applications for enrollment in qualified health plans beginning on October 1, 2013, the requirements of this section shall cease to apply, and any other provisions of this Act (or an amendment made by this Act) relating to Exchanges shall not be applicable. . (b) Requirement of coverage Section 5000A (h) Termination The provisions of this section shall terminate on October 1, 2013, if the Secretary of the Treasury determines that one or more Exchanges fails to accept applications for enrollment in qualified health plans on such date. .

Exchange Sunset Act of 2013

Fixing America's Inequities with Revenues Act of 2013 or FAIR Act of 2013 - Amends the Outer Continental Shelf Lands Act (OCSLA) to direct the Secretary of the Interior to deposit into a special account in the Treasury 37.5% of all revenues payable to the United States from oil, natural gas, and alternative and renewable energy on the outer Continental Shelf (OCS). Instructs the Secretary to disburse such revenues (with certain exceptions) according to this formula: (1) 27.5% of such revenues to coastal states and coastal political subdivisions, and (2) 10% of the revenues to coastal states that establish funds in their treasuries to support projects relating to alternative or renewable energy, energy research and development, energy efficiency, or conservation. Prescribes requirements for allocating such revenues to coastal states and their coastal subdivisions, with a special rule for Alaska. Limits the allocable share of each coastal state to the revenues collected from a leased tract located no more than 200 nautical miles from the coastline of the state and within the state's OCS region. Requires the Secretary of the Treasury to disburse 50% of all revenues derived from all rentals, operating fees, royalties, bonus bids, rights-of-way, and other amounts payable to the United States from the development of alternative or renewable onshore energy sources to the state within whose boundaries the energy source is located. Amends the Gulf of Mexico Energy Security Act of 2006 to: (1) redefine qualified OCS revenues, (2) prescribe requirements for the disposition of qualified OCS revenues into a special account in the Treasury, and (3) revise the formula for allocating federal funds among the Gulf producing states.

To establish a partnership between States that produce energy onshore and offshore for our country with the Federal Government. 1. Short title This Act may be cited as the Fixing America's Inequities with Revenues Act of 2013 FAIR Act of 2013 2. Distribution of revenues to coastal States Section 9 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1338 9. Disposition of revenues (a) Definitions In this section: (1) Alternative and renewable energy The term alternative and renewable energy (2) Coastal political subdivision The term coastal political subdivision (A) lies within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1453 (B) the closest point of which is not more than 200 nautical miles from the geographical center of any leased tract. (3) Coastal State (A) In general The term coastal State (B) Exclusion The term coastal State (4) Distance The terms distance distances (5) Leased tract The term leased tract (6) Leasing moratorium The term leasing moratorium (7) Outer continental shelf region The term outer Continental Shelf region (A) the Alaska outer Continental Shelf region; (B) the North Atlantic planning area (as described in the 2012–2017 Outer Continental Shelf Oil and Gas Leasing Program); (C) the Mid-Atlantic planning area (as described in the 2012–2017 Outer Continental Shelf Oil and Gas Leasing Program); (D) the South Atlantic planning area (as described in the 2012–2017 Outer Continental Shelf Oil and Gas Leasing Program); (E) the Gulf of Mexico outer Continental Shelf region; or (F) the Pacific outer Continental Shelf region. (8) Secretary The term Secretary (b) Coastal State revenue sharing for outer Continental Shelf energy sources (1) In general Subject to the other provisions of this section, for fiscal year 2014 and each subsequent fiscal year— (A) the Secretary of the Interior shall deposit in a special account in the Treasury, 37.5 percent of all revenues derived from all rentals, royalties, bonus bids, and other sums due and payable to the United States from the development of oil, natural gas, and alternative and renewable energy on the outer Continental Shelf; and (B) the Secretary shall, in accordance with subsection (b), disburse— (i) 27.5 percent of the revenues described in subparagraph (A) to coastal States and coastal political subdivisions; and (ii) 10 percent of the revenues to coastal States that establish funds in the treasuries of the coastal States to support projects and activities relating to alternative or renewable energy, energy research and development, energy efficiency, or conservation. (2) Exclusions The revenues described in paragraph (1) do not include— (A) the qualified outer Continental Shelf revenues described in the third proviso under the heading Ocean energy management Bureau of Ocean Energy Management Public Law 112–74 (B) revenues from the forfeiture of a bond or other surety securing obligations other than royalties, civil penalties, or royalties taken by the Secretary in-kind and not sold; or (C) revenues generated from leases— (i) subject to— (I) section 8(g); (II) section 8(p)(2)(B); or (III) the Gulf of Mexico Energy Security Act of 2006 ( 43 U.S.C. 1331 Public Law 109–432 (ii) in the Gulf of Mexico before the date of enactment of the Gulf of Mexico Energy Security Act of 2006 ( 43 U.S.C. 1331 Public Law 109–432 (3) Allocation among coastal States and coastal political subdivisions (A) In general Subject to subparagraph (B), for each fiscal year, the amount made available under paragraph (1) from any lease shall be allocated to each coastal State in amounts (based on a formula established by the Secretary by regulation) that are inversely proportional to the respective distances between the point on the coastline of each coastal State that is closest to the geographic center of the applicable leased tract and the geographic center of the leased tract. (B) Limitation The allocable share of a coastal State is limited to the revenues collected from a leased tract located no more than 200 nautical miles from the coastline of the coastal State and within the outer Continental Shelf region of the coastal State. (C) Payments to coastal political subdivisions (i) In general The Secretary shall pay 25 percent of the allocable share of each coastal State, as determined under subparagraph (A), to the coastal political subdivisions of the coastal State. (ii) Allocation The amount paid by the Secretary to coastal political subdivisions shall be allocated to each coastal political subdivision in accordance with subparagraphs (B), (C), and (E) of section 31(b)(4). (iii) Exception for the State of Alaska For purposes of carrying out this subparagraph in the State of Alaska, of the amount paid by the Secretary to coastal political subdivisions— (I) 90 percent shall be allocated in amounts (based on a formula established by the Secretary by regulation) that are inversely proportional to the respective distances between the point in each coastal political subdivision that is closest to the geographic center of the applicable leased tract and the geographic center of the leased tract; and (II) 10 percent shall be divided equally among each county-equivalent subdivision of the State of Alaska, all or part of which lies within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1453 (aa) is more than 200 nautical miles from the geographic center of a leased tract; and (bb) the State of Alaska determines to be a significant staging area for oil and gas servicing, supply vessels, operations, suppliers, or workers. . 3. Revenue sharing for certain onshore energy sources Section 35 of the Mineral Leasing Act (30 U.S.C. 191) is amended by adding at the end the following: (d) Revenue sharing for certain onshore energy sources The Secretary of the Interior shall disburse 50 percent of all revenues derived from all rentals, operating fees, royalties, bonus bids, rights-of-way, and other amounts due and payable to the United States from the development of alternative or renewable onshore energy sources to the State within the boundaries of which the energy source is located. . 4. Distribution of revenues to gulf producing States (a) Definition of qualified outer Continental Shelf revenues Section 102(9) of the Gulf of Mexico Energy Security Act of 2006 ( 43 U.S.C. 1331 (A) In general The term qualified outer Continental Shelf revenues Public Law 109–432 43 U.S.C. 1331 Public Law 109–432 (B) Exclusions The term qualified outer Continental Shelf revenues (i) the qualified outer Continental Shelf revenues described in the third proviso under the heading Ocean energy management Bureau of Ocean Energy Management Public Law 112–74 (ii) the qualified outer Continental Shelf revenues described in the third proviso under the heading Offshore safety and environmental enforcement Bureau of Safety and Environmental Enforcement Public Law 112–74 (iii) revenues from the forfeiture of a bond or other surety securing obligations other than royalties, civil penalties, or royalties taken by the Secretary in-kind and not sold; or (iv) revenues generated from leases subject to subsection (g) or (p)(2)(B) of section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337). . (b) Disposition of qualified outer Continental Shelf revenues Section 105 of the Gulf of Mexico Energy Security Act of 2006 ( 43 U.S.C. 1331 (1) in subsection (a), in the matter preceding paragraph (1), by striking shall deposit shall deposit— (1) in a special account in the Treasury— (A) 37.5 percent of qualified outer Continental Shelf revenues, which the Secretary shall disburse to Gulf producing States in accordance with subsection (b); and (B) $62,500,000, which the Secretary shall disburse to provide financial assistance to States in accordance with section 6 of the Land and Water Conservation Fund Act of 1965 ( 16 U.S.C. 4601–8 16 U.S.C. 4601–5 (2) the remainder of qualified outer Continental Shelf revenues in the general fund of the Treasury. ; (2) in subsection (b)— (A) in paragraph (1)— (i) by striking (1) Allocation subsection (a)(2)(A) (1) Allocation among gulf producing States (A) In general Effective beginning in fiscal year 2014, the amount made available under subsection (a)(1)(A) ; (ii) in subparagraph (A)— (I) by inserting each historical lease site and the geographic center of the historical lease site, as determined by the Secretary closest to the geographic center of (II) by striking the applicable leased tract and the geographic center of the leased tract (iii) by striking subparagraph (B); (B) in paragraph (2), by striking (2) (C) Historical lease sites (B) Historical lease sites (C) in paragraph (1)(B)(i) (as so redesignated)— (i) by striking subparagraph (A)(ii) subparagraph (A) (ii) by striking December 31, 2015 December 31, 2012 (D) by redesignating paragraph (3) as paragraph (2); and (E) in paragraph (2) (as so redesignated), in subparagraph (A), by striking paragraphs (1) and (2) paragraph (1) (3) by striking subsection (f) and inserting the following: (f) Limitations on amount of distributed qualified outer Continental Shelf revenues (1) Distribution to gulf producing states (A) In general Subject to subparagraphs (B) and (C), the total amount of qualified outer Continental Shelf revenues distributed under subsection (a)(1)(A) shall not exceed $500,000,000 for fiscal year 2014. (B) Cap increase for gulf producing states In the case of the qualified outer Continental Shelf revenues distributed to Gulf producing States under subsection (a)(1)(A), the cap on amounts specified in subparagraph (A) shall be for— (i) fiscal year 2015, $600,000,000; and (ii) each of fiscal years 2016 through 2024, the applicable amount for the previous fiscal year increased by $100,000,000. (C) Subsequent fiscal years For fiscal year 2025 and each fiscal year thereafter, all qualified outer Continental Shelf revenues made available under subsection (a)(1)(A) shall be made available without limitation for allocation to the Gulf producing States in accordance with subsection (b). (2) Pro rata reductions If paragraph (1) limits the amount of qualified outer Continental Shelf revenues that would be paid under subsection (a)(1)(A)— (A) the Secretary shall reduce the amount of qualified outer Continental Shelf revenues provided to each recipient on a pro rata basis; and (B) any remainder of the qualified outer Continental Shelf revenues shall revert to the general fund of the Treasury. . 5. Effective date This Act and the amendments made by this Act take effect on October 1, 2013.

FAIR Act of 2013

Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to include community centers and houses of worship as "private nonprofit facilities" that provide essential services of a governmental nature to the general public for purposes of disaster relief and emergency assistance eligibility under such Act. Makes a church, synagogue, mosque, temple, or other house of worship and an otherwise eligible private nonprofit facility operated by a religious organization eligible for federal contributions for the repair, restoration, and replacement of facilities damaged or destroyed by a major disaster, without regard to the religious character of the facility or the primary religious use of the facility. Requires that, in spaces used primarily for religious worship services, such contributions only be used to cover costs of purchasing or replacing, without limitation, the building structure, building enclosure components, building envelope, vertical and horizontal circulation, physical plant support spaces, electrical, plumbing, and mechanical systems (including heating, ventilation, air-conditioning, and fire and life safety systems), and related site improvements. Makes this Act applicable to the provision of assistance in response to a major disaster or emergency declared on or after October 28, 2012.

To extend assistance to certain private nonprofit facilities following a disaster, and for other purposes. 1. Private nonprofit facilities (a) Definition of private nonprofit facility Section 102(11)(B) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122(11)(B) (B) Additional facilities In addition to the facilities described in subparagraph (A), the term private nonprofit facility . (b) Repair, restoration, and replacement of damaged facilities Section 406(a)(3) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5172(a)(3) (C) Treatment of Houses of worship (i) In general A church, synagogue, mosque, temple, or other house of worship, and an otherwise eligible private nonprofit facility operated by a religious organization, shall be eligible for contributions under paragraph (1)(B), without regard to the religious character of the facility or the primary religious use of the facility. (ii) Limitations Notwithstanding clause (i), in spaces used primarily for religious worship services, contributions under paragraph (1)(B) shall only be used to cover costs of purchasing or replacing, without limitation, the building structure, building enclosure components, building envelope, vertical and horizontal circulation, physical plant support spaces, electrical, plumbing, and mechanical systems (including heating, ventilation, air-conditioning, and fire and life safety systems), and related site improvements. . (c) Applicability This section and the amendments made by this section shall apply to the provision of assistance in response to a major disaster or emergency declared on or after October 28, 2012.

A bill to extend assistance to certain private nonprofit facilities following a disaster, and for other purposes.

Revitalizing the Economy of Fisheries in the Pacific Act or the REFI Pacific Act - (Sec. 3) Directs the Secretary of Commerce (upon receipt of such assurances as the Secretary considers appropriate to protect the interests of the United States) to issue a loan to refinance the existing debt obligation funding the fishing capacity reduction program for the West Coast groundfish fishery implemented under the Department of Commerce and Related Agencies Appropriations Act, 2003. Requires such loan to have a maturity that expires 45 years after the date of issuance. Permits the Secretary to extend the loan under specified conditions if there is an outstanding balance after such period. Prohibits the fee with respect to such loan from exceeding 3% of the ex-vessel value of the harvest from each fishery for which the loan is issued. Sets forth requirements for direct loan interest rates, subloans, and the calculation of the ex-vessel landing fee to be collected for payment of such loan. (Sec. 4) Requires the National Oceanic and Atmospheric Administration (NOAA), within 75 days after enactment of this Act, to complete the referenda of fishery participants with respect to the terms for the refinanced loan.

To direct the Secretary of Commerce to issue a fishing capacity reduction loan to refinance the existing loan funding the Pacific Coast groundfish fishing capacity reduction program. 1. Short title This Act may be cited as the Revitalizing the Economy of Fisheries in the Pacific Act REFI Pacific Act 2. Findings; purpose (a) Findings Congress makes the following findings: (1) In 2000, the Secretary of Commerce declared the West Coast groundfish fishery a Federal fisheries economic disaster due to low stock abundance, an overcapitalized fleet, and historically overfished stocks. (2) Section 212 of the Department of Commerce and Related Agencies Appropriations Act, 2003 (title II of division B of Public Law 108–7; 117 Stat. 80) was enacted to establish a Pacific Coast groundfish fishing capacity reduction program, also known as a buyback program, to remove excess fishing capacity. (3) In 2003, Congress authorized the $35,700,000 buyback loan, creating the Pacific Coast groundfish fishing capacity reduction program through the National Marine Fisheries Service fisheries finance program with a term of 30 years. The interest rate of the buyback loan was fixed at 6.97 percent and is paid back based on an ex-vessel fee landing rate not to exceed 5 percent for the loan. (4) The groundfish fishing capacity reduction program resulted in the removal of limited entry trawl Federal fishing permits from the fishery, representing approximately 46 percent of total landings at the time. (5) Because of an absence of a repayment mechanism, $4,243,730 in interest accrued before fee collection procedures were established in 2005, over 18 months after the groundfish fishing capacity reduction program was initiated. (6) In 2011, the West Coast groundfish fishery transitioned to an individual fishing quota fishery, which is a type of catch share program. (7) By 2015, West Coast groundfish fishermen’s expenses are expected to include fees of approximately $450 per day for observers, a 3-percent cost recovery fee as authorized by the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801) for catch share programs, and a 5-percent ex-vessel landings rate for the loan repayment, which could reach 18 percent of their total gross revenue. (8) In 2012, the West Coast groundfish limited entry trawl fishery generated $63,000,000, an increase from an average of $45,000,000 during the years 2006 to 2011. This revenue is expected to continue to increase post-rationalization. (b) Purpose The purpose of this Act is to refinance the Pacific Coast groundfish fishery fishing capacity reduction program to protect and conserve the West Coast groundfish fishery and the coastal economies in California, Oregon, and Washington that rely on it. 3. Refinancing of Pacific Coast groundfish fishing capacity reduction loan (a) In general The Secretary of Commerce, upon receipt of such assurances as the Secretary considers appropriate to protect the interests of the United States, shall issue a loan to refinance the existing debt obligation funding the fishing capacity reduction program for the West Coast groundfish fishery implemented under section 212 of the Department of Commerce and Related Agencies Appropriations Act, 2003 (title II of division B of Public Law 108–7 (b) Applicable law Except as otherwise provided in this section, the Secretary shall issue the loan under this section in accordance with subsections (b) through (e) of section 312 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1861a 53702 53735 (c) Loan term (1) In general Notwithstanding section 53735(c)(4) (2) Extension Notwithstanding paragraph (1) and if there is an outstanding balance on the loan after the period described in paragraph (1), the Secretary may extend the loan under the terms provided in this section. (d) Limitation on fee amount Notwithstanding section 312(d)(2)(B) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1861a(d)(2)(B) (e) Interest rate (1) In general Notwithstanding section 53702(b)(2) (2) Subloans An individual who holds a subloan under the loan authorized by this section— (A) shall receive the interest rate described in paragraph (1) on the subloan; and (B) may pay off the subloan at any time notwithstanding subsection (c)(1). (f) Ex-Vessel landing fee (1) Calculations and accuracy The Secretary shall set the ex-vessel landing fee to be collected for payment of the loan under this section— (A) as low as possible, based on recent landings value in the fishery, to meet the requirements of loan repayment; (B) upon issuance of the loan in accordance with paragraph (2); and (C) on a regular interval not to exceed every 5 years beginning on the date of issuance of the loan. (2) Deadline for initial ex-vessel landings fee calculation Not later than 60 days after the date of issuance of the loan under this section, the Secretary shall recalculate the ex-vessel landing fee based on the most recent value of the fishery. (g) Authorization There is authorized to be appropriated to the Secretary of Commerce to carry out this section an amount equal to 1 percent of the amount of the loan authorized under this section for purposes of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 1. Short title This Act may be cited as the Revitalizing the Economy of Fisheries in the Pacific Act REFI Pacific Act 2. Findings; purpose (a) Findings Congress makes the following findings: (1) In 2000, the Secretary of Commerce declared the West Coast groundfish fishery a Federal fisheries economic disaster due to low stock abundance, an overcapitalized fleet, and historically overfished stocks. (2) Section 212 of the Department of Commerce and Related Agencies Appropriations Act, 2003 (title II of division B of Public Law 108–7; 117 Stat. 80) was enacted to establish a Pacific Coast groundfish fishing capacity reduction program, also known as a buyback program, to remove excess fishing capacity. (3) In 2003, Congress authorized the $35,700,000 buyback loan, creating the Pacific Coast groundfish fishing capacity reduction program through the National Marine Fisheries Service fisheries finance program with a term of 30 years. The interest rate of the buyback loan was fixed at 6.97 percent and is paid back based on an ex-vessel fee landing rate not to exceed 5 percent for the loan. (4) The groundfish fishing capacity reduction program resulted in the removal of limited entry trawl Federal fishing permits from the fishery, representing approximately 46 percent of total landings at the time. (5) Because of an absence of a repayment mechanism, $4,243,730 in interest accrued before fee collection procedures were established in 2005, over 18 months after the groundfish fishing capacity reduction program was initiated. (6) In 2011, the West Coast groundfish fishery transitioned to an individual fishing quota fishery, which is a type of catch share program. (7) By 2015, West Coast groundfish fishermen’s expenses are expected to include fees of approximately $450 per day for observers, a 3-percent cost recovery fee as authorized by the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) for catch share programs, and a 5-percent ex-vessel landings rate for the loan repayment, which could reach 18 percent of their total gross revenue. (8) In 2012, the West Coast groundfish limited entry trawl fishery generated $63,000,000, an increase from an average of $45,000,000 during the years 2006 to 2011. This revenue is expected to continue to increase post-rationalization. (b) Purpose The purpose of this Act is to refinance the Pacific Coast groundfish fishery fishing capacity reduction program to protect and conserve the West Coast groundfish fishery and the coastal economies in California, Oregon, and Washington that rely on it. 3. Refinancing of Pacific Coast groundfish fishing capacity reduction loan (a) In general The Secretary of Commerce, upon receipt of such assurances as the Secretary considers appropriate to protect the interests of the United States, shall issue a loan to refinance the existing debt obligation funding the fishing capacity reduction program for the West Coast groundfish fishery implemented under section 212 of the Department of Commerce and Related Agencies Appropriations Act, 2003 (title II of division B of Public Law 108–7 (b) Applicable law Except as otherwise provided in this section, the Secretary shall issue the loan under this section in accordance with subsections (b) through (e) of section 312 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1861a 53702 53735 (c) Loan term (1) In general Notwithstanding section 53735(c)(4) (2) Extension Notwithstanding paragraph (1) and if there is an outstanding balance on the loan after the period described in paragraph (1), the Secretary may extend the loan under the terms provided in this section. (d) Limitation on fee amount Notwithstanding section 312(d)(2)(B) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1861a(d)(2)(B) (e) Interest rate (1) In general Notwithstanding section 53702(b)(2) (2) Subloans An individual who holds a subloan under the loan authorized by this section— (A) shall receive the interest rate described in paragraph (1) on the subloan; and (B) may pay off the subloan at any time notwithstanding subsection (c)(1). (f) Ex-Vessel landing fee (1) Calculations and accuracy The Secretary shall set the ex-vessel landing fee to be collected for payment of the loan under this section— (A) as low as possible, based on recent landings value in the fishery, to meet the requirements of loan repayment; (B) upon issuance of the loan in accordance with paragraph (2); and (C) on a regular interval not to exceed every 5 years beginning on the date of issuance of the loan. (2) Deadline for initial ex-vessel landings fee calculation Not later than 60 days after the date of issuance of the loan under this section, the Secretary shall recalculate the ex-vessel landing fee based on the most recent value of the fishery. (g) Authorization There is authorized to be appropriated to the Secretary of Commerce to carry out this section an amount equal to 1 percent of the amount of the loan authorized under this section for purposes of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 4. Deadline for referenda Not later than 75 days after the date of enactment of this Act, the National Oceanic and Atmospheric Administration shall have completed the referenda under section 600.1010 September 10, 2014 Reported with an amendment

REFI Pacific Act

(This measure has not been amended since it was reported to the Senate on September 25, 2013. The summary of that version is repeated here.) Security Clearance Oversight and Reform Enhancement Act - Authorizes funding for the cost of audits, investigations, and oversight activities conducted by the Inspector General of the Office of Personnel Management (OPM) of the OPM revolving fund and functions financed by the fund. Requires OPM to include in its budget an estimate by the OPM Inspector General of the amount required to pay the reasonable expenses (not to exceed .33% of total budgetary authority) to audit, investigate, and perform other oversight activities related to the revolving fund.

To increase oversight of the Revolving Fund of the Office of Personnel Management, strengthen the authority to terminate or debar employees and contractors involved in misconduct affecting the integrity of security clearance background investigations, enhance transparency regarding the criteria utilized by Federal departments and agencies to determine when a security clearance is required, and for other purposes. 1. Short title This Act may be cited as the Security Clearance Oversight and Reform Enhancement Act 2. Oversight of the Revolving Fund of the Office of Personnel Management Section 1304(e) (a) in paragraph (1), in the first sentence, by inserting before the period the following: , and for the cost of audits, investigations, and oversight activities relating to the fund and the functions financed by the fund, conducted by the Inspector General of the Office (b) in paragraph (5), by adding at the end the following: Each budget submitted under this paragraph shall include an estimate from the Inspector General of the Office of the amount required to pay the reasonable expenses to adequately audit, investigate, and perform other oversight activities relating to the fund and the functions financed by the fund for the applicable fiscal year, which shall not exceed 0.33 percent of the total budgetary authority requested in the budget estimates submitted to Congress by the Office for that fiscal year. 3. Termination and debarment of individuals involved in misconduct affecting the integrity of the background investigations program of the Office of Personnel Management (a) Termination and Debarment The Office of Personnel Management shall terminate or debar an individual employed or contracted by the Office of Personnel Management if the Office of Personnel Management determines, based upon a preponderance of the evidence, that the individual was involved in misconduct affecting the integrity of the background investigations program of the Office of Personnel Management, including, but not limited to— (1) falsification of a background investigation report; (2) fraud relating to a background investigation report; (3) failure to review a background investigation report; (4) impersonation of a Federal law enforcement officer; or (5) abuse of authority relating to the employment or contract by the Office of Personnel Management. (b) Procedures for determination of termination and debarment (1) Establishment of procedures The Office of Personnel Management shall establish procedures under which the Office of Personnel Management shall determine whether an employee or contractor should be terminated or debarred under subsection (a). (2) Due process Notwithstanding chapters 5 and 75 of title 5, United States Code, the procedures established under paragraph (1) shall ensure that— (A) the employee or contractor is provided with notice and opportunity to be heard; and (B) the determination whether to terminate, debar, or reinstate the employee or contractor is made expeditiously. 4. Director of National Intelligence guidance on determinations of positions requiring a security clearance (a) Guidance Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall issue guidance for the departments and agencies of the Federal Government to be used by such departments and agencies to— (1) determine whether the occupant of a position requires a security clearance for the performance of the duties of such position; and (2) periodically review and, if necessary, revise the designation of a position as requiring a security clearance for the performance of the duties of such position. (b) Procedures The guidance described under subsection (a) shall include such procedures for the discharge of the guidance as the Director of National Intelligence considers appropriate. 1. Short title This Act may be cited as the Security Clearance Oversight and Reform Enhancement Act 2. Oversight of the Revolving Fund of the Office of Personnel Management Section 1304(e) (1) in paragraph (1), in the first sentence, by inserting before the period the following: , and for the cost of audits, investigations, and oversight activities relating to the fund and the functions financed by the fund, conducted by the Inspector General of the Office (2) in paragraph (5), by adding at the end the following: Each budget submitted under this paragraph shall include an estimate from the Inspector General of the Office of the amount required to pay the reasonable expenses to adequately audit, investigate, and perform other oversight activities relating to the fund and the functions financed by the fund for the applicable fiscal year, which shall not exceed 0.33 percent of the total budgetary authority requested in the budget estimates submitted to Congress by the Office for that fiscal year. September 25 (legislative day, September 24), 2013 Reported with an amendment

Security Clearance Oversight and Reform Enhancement Act

Combating Prescription Drug Abuse Act - Establishes the Combating Prescription Drug Abuse Commission, whose duties shall be to: (1) review and report to Congress on federal initiatives regarding efforts to prevent and reduce prescription drug abuse, (2) identify gaps and opportunities regarding the safe use of prescription drugs with the potential for diversion and abuse, and (3) make recommendations on specific ways to reduce diversion and abuse of prescription drugs. Requires the report to describe Commission efforts to prevent or reduce drug diversion and abuse to ensure that patients continue to have access to medications and include specific recommendations for the Drug Enforcement Administration (DEA), the Food and Drug Administration (FDA), and other federal and state agencies concerning prescription drug monitoring and abuse.

To establish a commission for the purpose of coordinating efforts to reduce prescription drug abuse, and for other purposes. 1. Short title This Act may be cited as the Combating Prescription Drug Abuse Act 2. Commission (a) Establishment There is established the Combating Prescription Drug Abuse Commission (referred to in this Act as the Commission (b) Membership (1) Appointment The Commission shall be composed of 30 members. Such members shall be appointed by the Comptroller General of the United States, in consultation with the Secretary of Health and Human Services and the Attorney General. (2) Composition The members appointed under paragraph (1) shall include an equitable balance of individuals representing health care groups and law enforcement groups, including— (A) a representative of the Drug Enforcement Administration; (B) a representative of the Food and Drug Administration; (C) a representative of the Office of National Drug Control Policy; (D) representatives of patient, advocacy, and community-based groups; (E) representatives of pharmacy, prescribers, hospitals, wholesalers, dispensers, manufacturers, and other health care groups; (F) public policy experts; (G) representatives of State attorneys general; and (H) representatives of law enforcement officials, including local law enforcement officials. (3) Date of appointment The appointments of the members of the Commission shall be made not later than 180 days after the date of enactment of this Act. (4) Co-Chairs The representative of the Drug Enforcement Administration and the representative of the Food and Drug Administration shall serve as Co-Chairs of the Commission. (5) Period of appointment; vacancies Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (c) Meetings The Commission shall meet at the call of the Co-Chairs. The Commission shall meet for at least 2 public meetings, at which the Commission shall provide opportunity for public input, comment, and suggestion. (d) Duties of the commission (1) In general The Commission shall— (A) review and report to Congress on Federal initiatives with respect to efforts to prevent and reduce prescription drug abuse; (B) identify gaps and opportunities with respect to ensuring the safe use of prescription drugs with the potential for diversion and abuse; and (C) make recommendations on specific ways to reduce diversion and abuse of prescription drugs. (2) Report (A) In general Not later than 1 year after the date of enactment of this Act, the Commission shall issue a report to Congress that describes the efforts of the Commission to prevent or reduce drug diversion and abuse to ensure that patients continue to have access to medications. (B) Recommendations The report described in subparagraph (A) shall include specific recommendations for the Drug Enforcement Administration, the Food and Drug Administration, and other Federal and State agencies, as appropriate, and shall include the following topics: (i) Systems for prescription drug monitoring, which shall include proposals to increase the use and sustainability of prescription drug monitoring programs. (ii) Illegal Internet prescription drug sites and pill mills (iii) Facilitating proper disposal of prescription drugs, including public outreach and education efforts with respect to such proper disposal. (iv) Identifying active areas of prescription drug abuse. (v) Improving collaboration among Federal agencies, especially the Drug Enforcement Administration and the Food and Drug Administration. (vi) Improving collaboration between Federal agencies and relevant stakeholders, including the groups represented on the Commission. (vii) The resource needs for law enforcement. (viii) Proposals to improve the education of providers, patients, parents, and youth. (ix) Development of abuse-resistant products. (x) Recommendations for reducing robberies, burglaries, and cargo theft. (e) Powers of the Commission (1) Hearings The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section. (2) Information from Federal agencies The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this section. Upon the request of the Co-Chairs of the Commission, the head of such department or agency shall furnish such information to the Commission in a timely manner. (f) Confidentiality Information obtained by the Commission from any Federal agency shall be exempt from disclosure under section 552 (g) Termination of the commission The Commission shall terminate 2 years after the date on which the members are appointed under subsection (b). (h) Authorization of appropriations (1) In general There is authorized to be appropriated $3,000,000 for fiscal years 2014 through 2016 to the Commission to carry out this section. (2) Limitation on use of funds No funds appropriated under paragraph (1) may be used to carry out the recommendations of the Commission.

Combating Prescription Drug Abuse Act

Egyptian Military Coup Act of 2013 - Prohibits U.S. government assistance from being provided to Egypt pursuant to the coup d'etat restriction under the Department of State, Foreign Operations, and Related Programs Act, 2012. Suspends the provision of specified defense articles and services, and the processing of letters of offer and acceptance for future arms sales, until the President certifies to Congress that democratic national elections have taken place in Egypt followed by a peaceful transfer of power.

To prohibit certain foreign assistance to the Government of Egypt as a result of the July 3, 2013, military coup d'état. 1. Short title This Act may be cited as the Egyptian Military Coup Act of 2013 2. Foreign assistance restrictions in response to Egyptian military coup d'état (a) Findings Congress makes the following findings: (1) On June 30, 2012, Mohamed Morsi was elected President of Egypt in elections that were certified as free and fair by the Egyptian Presidential Election Commission and the United Nations. (2) On July 3, 2013, the military of Egypt removed the democratically elected President of Egypt, arrested his supporters, and suspended the Constitution of Egypt. These actions fit the definition of a military coup d'état. (3) Pursuant to section 7008 of the Department of State, Foreign Operations, and Related Programs Act, 2012 (division I of Public Law 112–74 (4) The United States has suspended aid to countries that have undergone military coups d'état in the past, including the Ivory Coast, the Central African Republic, Thailand, Mali, Fiji, and Honduras. (b) Foreign assistance to the Government of Egypt (1) Restrictions on assistance under section 7008 In accordance with section 7008 of the Department of State, Foreign Operations, and Related Programs Act, 2012 (division I of Public Law 112–74 (2) Additional restrictions In addition to the restrictions referred to in paragraph (1), the following restrictions shall be in effect with respect to United States assistance to the Government of Egypt: (A) Deliveries of defense articles currently slated for transfer to Egyptian Ministry of Defense (MOD) and Ministry of Interior (MOI) shall be suspended until the President certifies to Congress that democratic national elections have taken place in Egypt followed by a peaceful transfer of power. (B) Provision of defense services to Egyptian MOD and MOI shall be halted immediately until the President certifies to Congress that democratic national elections have taken place in Egypt followed by a peaceful transfer of power. (C) Processing of draft Letters of Offer and Acceptance (LOAs) for future arms sales to Egyptian MOD and MOI entities shall be halted until the President certifies to Congress that democratic national elections have taken place in Egypt followed by a peaceful transfer of power. (D) All costs associated with the delays in deliveries and provision of services required under subparagraphs (A) through (C) shall be borne by the Government of Egypt.

Egyptian Military Coup Act of 2013

Freedom to Pray Act - Prohibits the federal government from revoking or withholding federal financial assistance that would otherwise be provided to any recipient on the basis of religious activities that are conducted voluntarily and initiated by participants in a program or activity carried out by such recipient. Prohibits this Act from being construed to authorize the United States or any state or political subdivision to: (1) sponsor a religious activity, (2) prohibit a recipient of federal financial assistance from ensuring that a religious activity does not materially and substantially interfere with the orderly conduct of the program or activities carried out by such recipient, (3) require any person to participate in prayer or other religious activity, or (4) compel any employee or agent of a program or activity that is carried out by a recipient of federal financial assistance to participate in an activity if the content of the speech at the activity is contrary to their beliefs.

To prohibit the revocation or withholding of Federal funds to programs whose participants carry out voluntary religious activities. 1. Short title This Act may be cited as the Freedom to Pray Act 2. Prohibition on withholding Federal funds to programs whose participants conduct voluntary religious activities (a) In General It shall be unlawful for the Federal Government to revoke or withhold Federal financial assistance that would otherwise be provided to any recipient of such assistance on the basis of religious activities that are conducted voluntarily and initiated by participants in a program or activity carried out by such recipient. (b) Rules of construction Nothing in this Act shall be construed to authorize the United States or any State or political subdivision thereof— (1) to sponsor a religious activity; (2) to prohibit a recipient of Federal financial assistance from ensuring that a religious activity does not materially and substantially interfere with the orderly conduct of the program or activities carried out by such recipient; (3) to require any person to participate in prayer or other religious activity; or (4) to compel any employee or agent of a program or activity that is carried out by a recipient of Federal financial assistance to participate in an activity if the content of the speech at the activity is contrary to the beliefs of the employee or agent.

Freedom to Pray Act

Campus Sexual Violence Elimination Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require institutions of higher education (IHEs) to include in their annual security report policies encouraging the accurate and prompt reporting of all crimes to campus police and appropriate law enforcement agencies when crime victims elect to, or are unable to, report the crimes. Requires that report to include: (1) data on the occurrence of certain violent crimes that are motivated by the victim's nationality; and (2) statistics concerning the occurrence of domestic violence, dating violence, and stalking incidents reported to campus security authorities or local police. Requires schools to protect victim confidentiality when reporting criminal threats to the campus community. Directs IHEs to include in their annual security report a statement of policy regarding their programs to prevent domestic violence, dating violence, sexual assault, and stalking and the procedures they follow when such an offense is reported. Requires an IHE's policy regarding those offenses to include: education that promotes awareness of the offenses; possible sanctions or protective measures imposed following disciplinary action; procedures victims should follow after such an offense occurs; institutional disciplinary procedures; information about how the IHE will protect victim confidentiality; the written notification of students and employees concerning on-campus and community services available for victims; and the written notification of victims regarding their options for, and assistance in, changing academic, living, transportation, and working situations, regardless of whether or not they choose to report the crime. Requires students and employees who report having been the victim of such an offense to their IHE, whether it occurred on or off campus, to receive a written notification of their rights and options under the IHE's policy. Directs the Secretary of Education to seek the counsel of the Attorney General and Secretary of Health and Human Services (HHS) regarding the development, and dissemination to IHEs, of best practices for preventing and responding to incidents of domestic violence, dating violence, sexual assault, and stalking.

To amend the Higher Education Act of 1965 to improve education and prevention related to campus sexual violence, domestic violence, dating violence, and stalking. 1. Short title This Act may be cited as the Campus Sexual Violence Elimination Act 2. Campus sexual violence, domestic violence, dating violence, and stalking education and prevention (a) In general Section 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f) (1) in paragraph (1)— (A) in subparagraph (C)(iii), by striking the period at the end and inserting , when the victim of such crime elects or is unable to make such a report. (B) in subparagraph (F)— (i) in clause (i)(VIII), by striking and (ii) in clause (ii)— (I) by striking sexual orientation national origin, sexual orientation, gender identity, (II) by striking the period and inserting ; and (iii) by adding at the end the following: (iii) of domestic violence, dating violence, and stalking incidents that were reported to campus security authorities or local police agencies. ; (2) in paragraph (3), by inserting , that withholds the names of victims as confidential, that is timely (3) in paragraph (6)(A)— (A) by redesignating clauses (i), (ii), and (iii) as clauses (ii), (iii), and (iv), respectively; (B) by inserting before clause (ii), as redesignated by subparagraph (A), the following: (i) The terms dating violence domestic violence stalking 42 U.S.C. 13925(a) ; and (C) by inserting after clause (iv), as redesignated by subparagraph (A), the following: (v) The term sexual assault ; (4) in paragraph (7)— (A) by striking paragraph (1)(F) clauses (i) and (ii) of paragraph (1)(F) (B) by inserting after Hate Crime Statistics Act. For the offenses of domestic violence, dating violence, and stalking, such statistics shall be compiled in accordance with the definitions used in section 40002(a) of the Violence Against Women Act of 1994 ( 42 U.S.C. 13925(a) (5) by striking paragraph (8) and inserting the following: (8) (A) Each institution of higher education participating in any program under this title, other than a foreign institution of higher education, shall develop and distribute as part of the report described in paragraph (1) a statement of policy regarding— (i) such institution’s programs to prevent domestic violence, dating violence, sexual assault, and stalking; and (ii) the procedures that such institution will follow once an incident of domestic violence, dating violence, sexual assault, or stalking has been reported, including a statement of the standard of evidence that will be used during any institutional conduct proceeding arising from such a report. (B) The policy described in subparagraph (A) (i) Education programs to promote the awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking, which shall include— (I) primary prevention and awareness programs for all incoming students and new employees, which shall include— (aa) a statement that the institution of higher education prohibits the offenses of domestic violence, dating violence, sexual assault, and stalking; (bb) the definition of domestic violence, dating violence, sexual assault, and stalking in the applicable jurisdiction; (cc) the definition of consent, in reference to sexual activity, in the applicable jurisdiction; (dd) safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of domestic violence, dating violence, sexual assault, or stalking against a person other than such individual; (ee) information on risk reduction to recognize warning signs of abusive behavior and how to avoid potential attacks; and (ff) the information described in clauses (ii) through (vii); and (II) ongoing prevention and awareness campaigns for students and faculty, including information described in items (aa) through (ff) of subclause (I) (ii) Possible sanctions or protective measures that such institution may impose following a final determination of an institutional disciplinary procedure regarding rape, acquaintance rape, domestic violence, dating violence, sexual assault, or stalking. (iii) Procedures victims should follow if a sex offense, domestic violence, dating violence, sexual assault, or stalking has occurred, including information in writing about— (I) the importance of preserving evidence as may be necessary to the proof of criminal domestic violence, dating violence, sexual assault, or stalking, or in obtaining a protection order; (II) to whom the alleged offense should be reported; (III) options regarding law enforcement and campus authorities, including notification of the victim's option to— (aa) notify proper law enforcement authorities, including on-campus and local police; (bb) be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses; and (cc) decline to notify such authorities; and (IV) where applicable, the rights of victims and the institution's responsibilities regarding orders of protection, no contact orders, restraining orders, or similar lawful orders issued by a criminal, civil, or tribal court. (iv) Procedures for institutional disciplinary action in cases of alleged domestic violence, dating violence, sexual assault, or stalking, which shall include a clear statement that— (I) such proceedings shall— (aa) provide a prompt, fair, and impartial investigation and resolution; (bb) be conducted by officials who receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability; and (cc) use the preponderance of the evidence standard; (II) the accuser and the accused are entitled to the same opportunities to have others present during an institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice; and (III) both the accuser and the accused shall be simultaneously informed, in writing, of— (aa) the outcome of any institutional disciplinary proceeding that arises from an allegation of domestic violence, dating violence, sexual assault, or stalking; (bb) the institution's procedures for the accused and the victim to appeal the results of the institutional disciplinary proceeding; (cc) any change to the results that occurs prior to the time that such results become final; and (dd) when such results become final. (v) Information about how the institution will protect the confidentiality of victims, including how publicly available recordkeeping will be accomplished without the inclusion of identifying information about the victim, to the extent permissible by law. (vi) Written notification of students and employees about existing counseling, health, mental health, victim advocacy, legal assistance, and other services available for victims both on-campus and in the community. (vii) Written notification of victims about options for, and available assistance in, changing academic, living, transportation, and working situations, if so requested by the victim and if such accommodations are reasonably available, regardless of whether the victim chooses to report the crime to campus police or local law enforcement. (C) A student or employee who reports to an institution of higher education that the student or employee has been a victim of domestic violence, dating violence, sexual assault, or stalking, whether the offense occurred on or off campus, shall be provided with a written explanation of the student or employee's rights and options, as described in clauses (ii) through (vii) of subparagraph (B). ; (6) in paragraph (9), by striking The Secretary The Secretary, in consultation with the Attorney General of the United States, (7) by striking paragraph (16) and inserting the following: (16) (A) The Secretary shall seek the advice and counsel of the Attorney General of the United States concerning the development, and dissemination to institutions of higher education, of best practices information about campus safety and emergencies. (B) The Secretary shall seek the advice and counsel of the Attorney General of the United States and the Secretary of Health and Human Services concerning the development, and dissemination to institutions of higher education, of best practices information about preventing and responding to incidents of domestic violence, dating violence, sexual assault, and stalking, including elements of institutional policies that have proven successful based on evidence-based outcome measurements. ; and (8) by striking paragraph (17) and inserting the following: (17) No officer, employee, or agent of an institution participating in any program under this title shall retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual for exercising their rights or responsibilities under any provision of this subsection. . (b) Effective date The amendments made by this section shall take effect with respect to the annual security report under section 485(f)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f)(1)

Campus Sexual Violence Elimination Act

Charitable Agricultural Research Act - Amends the Internal Revenue Code to: (1) allow a tax deduction for a charitable contribution to an agricultural research organization directly engaged in the continuous active conduct of agricultural research, and (2) make prohibitions against expenditures to influence legislation applicable to such organizations.

To amend the Internal Revenue Code of 1986 to provide for the deductibility of charitable contributions to agricultural research organizations, and for other purposes. 1. Short title This Act may be cited as the Charitable Agricultural Research Act 2. Deductibility of charitable contributions to agricultural research organizations (a) In general Subparagraph (A) of section 170(b)(1) of the Internal Revenue Code of 1986 is amended by striking or , or (ix) an agricultural research organization directly engaged in the continuous active conduct of agricultural research (as defined in section 1404 of the Agricultural Research, Extension, and Teaching Policy Act of 1977) in conjunction with a land-grant college or university (as defined in such section) or a non-land grant college of agriculture (as defined in such section), and during the calendar year in which the contribution is made such organization is committed to spend such contribution for such research before January 1 of the fifth calendar year which begins after the date such contribution is made, . (b) Expenditures To influence legislation Paragraph (4) of section 501(h) of the Internal Revenue Code of 1986 is amended by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively, and by inserting after subparagraph (D) the following new subparagraph: (E) section 170(b)(1)(A)(ix) (relating to agricultural research organizations), . (c) Effective date The amendments made by this section shall apply to contributions made on and after the date of the enactment of this Act.

Charitable Agricultural Research Act

Veterans and Servicemembers Employment Rights and Housing Act of 2013 - Prohibits employment practices that discriminate based on an individual's military service and amends the Fair Housing Act and the Civil Rights Act of 1968 to prohibit housing discrimination against members of the uniformed services. Declares that it shall be an unlawful employment practice for an employer to fail to hire, to discharge, or to otherwise discriminate against individuals because of their military service. Prohibits employers, employment agencies, labor organizations, and job training programs from engaging in specified practices that adversely affect an applicant or employee because of such service. Exempts certain hiring and employment practices from being considered unlawful if the occupancy of the position is subject to national security requirements that an individual does not fulfill. Permits an employer to apply different standards of compensation or terms of employement pursuant to a bona fide seniority or merit system, a system which measures earnings by quantity or quality of production or to employees who work in different locations, or a professionally developed ability test. Declares that an unlawful employment practice based on disparate impact is established only if: (1) the complaining party demonstrates that a respondent uses a particular employment practice that causes a disparate impact on the basis of military service and the respondent fails to demonstrate that the challenged practice is job-related and consistent with business necessity, or (2) the complaining party makes a demonstration with respect to an alternative employment practice and the respondent refuses to adopt such practice. Prohibits business necessity from being used as a defense against a claim of intentional discrimination. Declares that an unlawful employment practice is established when the complaining party demonstrates that military service was a motivating factor for any employment practice, even though other factors also motivated such practice. Grants enforcement powers, remedies, and procedures under the Civil Rights Act of 1964 to the Equal Employment Opportunity Commission (EEOC), Attorney General (DOJ), and persons alleging such discrimination. Amends the Fair Housing Act to prohibit housing discrimination against a member of the uniformed services with respect to: (1) the sale or rental of housing, (2) residential real estate-related transactions, and (3) the provision of brokerage services. Prohibits religious organizations engaging in housing transactions from giving preferences to persons of the same religion in cases where membership in such religion is restricted to persons who are not members of the uniformed services. Amends the Civil Rights Act of 1968 to impose a fine, imprisonment, or both on persons who violate prohibitions on housing discrimination under such Act against members of the uniformed services.

To prohibit discrimination on the basis of military service, and for other purposes. 1. Short title This Act may be cited as the Veterans and Servicemembers Employment Rights and Housing Act of 2013 2. Discrimination on the basis of military service (a) Definitions In this section: (1) Civil rights definitions The terms complaining party demonstrates employee employer employment agency labor organization person respondent State (2) Member of the uniformed services The term member of the uniformed services (A) is a member of— (i) the uniformed services (as defined in section 101 (ii) the National Guard in State status under title 32, United States Code; or (B) was discharged or released from service in the uniformed services (as so defined) or the National Guard in such status under conditions other than dishonorable. (3) Military service The term military service (b) Employer practices It shall be an unlawful employment practice for an employer— (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to the individual's compensation, terms, conditions, or privileges of employment, because of such individual's military service; or (2) to limit, segregate, or classify the employer's employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect the individual's status as an employee, because of such individual's military service. (c) Employment agency practices It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise discriminate against, any individual because of the individual's military service, or to classify or refer for employment any individual on the basis of the individual's military service. (d) Labor organization practices It shall be an unlawful employment practice for a labor organization— (1) to exclude or to expel from its membership, or otherwise to discriminate against, any individual because of the individual's military service; (2) to limit, segregate, or classify its membership or applicants for membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect the individual's status as an employee or as an applicant for employment, because of such individual's military service; or (3) to cause or attempt to cause an employer to discriminate against an individual in violation of this section. (e) Training programs It shall be an unlawful employment practice for any employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual because of the individual's military service in admission to, or employment in, any program established to provide apprenticeship or other training. (f) Businesses or enterprises with personnel qualified on basis of military service Notwithstanding any other provision of this section, it shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify, or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of the individual's military service in those certain instances where military service is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise. (g) National security Notwithstanding any other provision of this section, it shall not be an unlawful employment practice for an employer to fail or refuse to hire and employ any individual for any position, for an employer to discharge any individual from any position, or for an employment agency to fail or refuse to refer any individual for employment in any position, or for a labor organization to fail or refuse to refer any individual for employment in any position, if— (1) the occupancy of such position, or access to the premises in or upon which any part of the duties of such position is performed or is to be performed, is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute of the United States or any Executive order of the President; and (2) such individual has not fulfilled or has ceased to fulfill that requirement. (h) Seniority or merit system; quantity or quality of production; ability tests Notwithstanding any other provision of this section, it shall not be an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of military service, nor shall it be an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test provided that such test, its administration, or action upon the results is not designed, intended, or used to discriminate because of military service. (i) Preferential treatment not To be granted on account of existing number or percentage imbalance Nothing contained in this section shall be interpreted to require any employer, employment agency, labor organization, or joint labor-management committee subject to this section to grant preferential treatment to any individual or to any group because of the military service of such individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons with military service employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons with military service in any community, State, section, or other area, or in the available work force in any community, State, section, or other area. (j) Burden of proof in disparate impact cases (1) Disparate impact (A) Establishment An unlawful employment practice based on disparate impact is established under this section only if— (i) a complaining party demonstrates that a respondent uses a particular employment practice that causes a disparate impact on the basis of military service and the respondent fails to demonstrate that the challenged practice is job related for the position in question and consistent with business necessity; or (ii) the complaining party makes the demonstration described in subparagraph (C) with respect to an alternative employment practice and the respondent refuses to adopt such alternative employment practice. (B) Demonstration of causation (i) Particular employment practices With respect to demonstrating that a particular employment practice causes a disparate impact as described in subparagraph (A)(i), the complaining party shall demonstrate that each particular challenged employment practice causes a disparate impact, except that if the complaining party can demonstrate to the court that the elements of a respondent's decisionmaking process are not capable of separation for analysis, the decisionmaking process may be analyzed as one employment practice. (ii) Demonstration of noncausation If the respondent demonstrates that a specific employment practice does not cause the disparate impact, the respondent shall not be required to demonstrate that such practice is required by business necessity. (C) Alternative employment practice The demonstration referred to by subparagraph (A)(ii) shall be in accordance with the law as it existed on June 4, 1989, with respect to the concept of alternative employment practice (2) Business necessity no defense to intentional discrimination A demonstration that an employment practice is required by business necessity may not be used as a defense against a claim of intentional discrimination under this section. (3) Rules concerning controlled substances Notwithstanding any other provision of this section, a rule barring the employment of an individual who currently and knowingly uses or possesses a controlled substance, as defined in section 102(6) of the Controlled Substances Act ( 21 U.S.C. 802(6) 21 U.S.C. 801 et seq. (k) Prohibition of discriminatory use of test scores It shall be an unlawful employment practice for a respondent, in connection with the selection or referral of applicants or candidates for employment or promotion, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of, employment related tests on the basis of military service. (l) Impermissible consideration of military service in employment practices Except as otherwise provided in this section, an unlawful employment practice is established when the complaining party demonstrates that military service was a motivating factor for any employment practice, even though other factors also motivated the practice. (m) Resolution of challenges to employment practices implementing litigated or consent judgments or orders (1) Practices not challengeable (A) Practices to implement a litigated or consent judgment or order Notwithstanding any other provision of law, and except as provided in paragraph (2), an employment practice that implements and is within the scope of a litigated or consent judgment or order that resolves a claim of employment discrimination under the Constitution or Federal civil rights laws may not be challenged under the circumstances described in subparagraph (B). (B) Circumstances A practice described in subparagraph (A) may not be challenged in a claim under the Constitution or Federal civil rights laws— (i) by a person who, prior to the entry of the judgment or order described in subparagraph (A), had— (I) actual notice of the proposed judgment or order sufficient to apprise such person that such judgment or order might adversely affect the interests and legal rights of such person and that an opportunity was available to present objections to such judgment or order by a future date certain; and (II) a reasonable opportunity to present objections to such judgment or order; or (ii) by a person whose interests were adequately represented by another person who had previously challenged the judgment or order on the same legal grounds and with a similar factual situation, unless there has been an intervening change in law or fact. (2) Rule of construction Nothing in this subsection shall be construed to— (A) alter the standards for intervention under rule 24 of the Federal Rules of Civil Procedure or apply to the rights of parties who have successfully intervened pursuant to such rule in the proceeding in which the parties intervened; (B) apply to the rights of parties to the action in which a litigated or consent judgment or order was entered, or of members of a class represented or sought to be represented in such action, or of members of a group on whose behalf relief was sought in such action by the Federal Government; (C) prevent challenges to a litigated or consent judgment or order on the ground that such judgment or order was obtained through collusion or fraud, or is transparently invalid or was entered by a court lacking subject matter jurisdiction; or (D) authorize or permit the denial to any person of the due process of law required by the Constitution. (3) Court for actions that are challengeable Any action not precluded under this subsection that challenges an employment consent judgment or order described in paragraph (1) shall be brought in the court, and if possible before the judge, that entered such judgment or order. Nothing in this subsection shall preclude a transfer of such action pursuant to section 1404 of title 28, United States Code. (n) Discrimination for making charges, testifying, assisting, or participating in enforcement proceedings It shall be an unlawful employment practice for an employer to discriminate against any of the employer's employees or applicants for employment, for an employment agency, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because the employee, applicant, individuals, or member involved has opposed any practice made an unlawful employment practice by this section, or has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this section. (o) Printing or publication of notices or advertisements It shall be an unlawful employment practice for an employer, labor organization, employment agency, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency, or relating to admission to, or employment in, any program established to provide apprenticeship or other training by such a joint labor-management committee, indicating any preference, limitation, specification, or discrimination, based on military service, except that such a notice or advertisement may indicate a preference, limitation, specification, or discrimination based on military service when military service is a bona fide occupational qualification for employment. (p) Exemptions (1) Inapplicability of title to certain aliens This section shall not apply to an employer with respect to the employment of aliens outside any State. (2) Compliance with statute as violation of foreign law It shall not be unlawful under this section for an employer (or a corporation controlled by an employer), labor organization, employment agency, or joint labor-management committee controlling apprenticeship or other training or retraining (including on-the-job training programs) to take any action otherwise prohibited by such section, with respect to an employee in a workplace in a foreign country if compliance with such section would cause such employer (or such corporation), such organization, such agency, or such committee to violate the law of the foreign country in which such workplace is located. (3) Control of corporation incorporated in foreign country (A) In general If an employer controls a corporation whose place of incorporation is a foreign country, any practice prohibited by this section engaged in by such corporation shall be presumed to be engaged in by such employer. (B) Foreign person not controlled by employer This section shall not apply with respect to the foreign operations of an employer that is a foreign person not controlled by an American employer. (C) Control For purposes of this subsection, the determination of whether an employer controls a corporation shall be based on— (i) the interrelation of operations; (ii) the common management; (iii) the centralized control of labor relations; and (iv) the common ownership or financial control, of the employer and the corporation. (4) Claims of no military service Nothing in this section shall provide the basis for a claim by an individual without military service that the individual was subject to discrimination because of the individual's lack of military service. (q) Posting notices Every employer, employment agency, labor organization, or joint labor-management committee covered under this section shall post notices to applicants, employees, and members describing the applicable provisions of this section, in the manner prescribed by section 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–10). (r) Regulations Not later than 90 days after the date of enactment of this Act, the Commission shall issue regulations to carry out this section in accordance with subchapter II of chapter 5 (s) Enforcement The powers, remedies, and procedures set forth in sections 705, 706, 707, 708, 709, 710, and 712 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–4 3. Ending housing discrimination against members of the uniformed services (a) Definitions Section 802 of the Fair Housing Act ( 42 U.S.C. 3602 (p) Member of the uniformed services (1) is a member of— (A) the uniformed services (as defined in section 101 (B) the National Guard in State status under title 32, United States Code; or (2) was discharged or released from service in the uniformed services (as so defined) or the National Guard in such status under conditions other than dishonorable. . (b) Discrimination in the sale or rental of housing and other prohibited practices Section 804 of the Fair Housing Act (42 U.S.C. 3604) is amended— (1) in subsection (a), by inserting or because the person is a member of the uniformed services national origin (2) in subsection (b), by inserting or because the person is a member of the uniformed services national origin (3) in subsection (c), by inserting or because a person is a member of the uniformed services, national origin, (4) in subsection (d), by inserting , or because the person is a member of the uniformed services, national origin (c) Discrimination in residential real estate-Related transactions Section 805 of the Fair Housing Act ( 42 U.S.C. 3605 (1) in subsection (a), by inserting or because the person is a member of the uniformed services national origin (2) in subsection (c), by striking , or familial status familial status, or whether a person is a member of the uniformed services (d) Discrimination in the provision of brokerage services Section 806 of the Fair Housing Act ( 42 U.S.C. 3606 or because a person is a member of the uniformed services national origin (e) Religious organization or private club exemption Section 807(a) of the Fair Housing Act ( 42 U.S.C. 3607(a) or to persons who are not members of the uniformed services national origin (f) Administration Section 808(e)(6) of the Fair Housing Act ( 42 U.S.C. 3608(e)(6) (including whether such persons and households are or include a member of the uniformed services) persons and households (g) Prevention of discrimination Section 901 of the Civil Rights Act of 1968 (42 U.S.C. 3631) is amended— (1) in subsection (a), by inserting , or because the person is a member of the uniformed services (as such term is defined in section 802 of this Act), national origin (2) in subsection (b)(1), by inserting or because a person is a member of the uniformed services (as such term is defined in section 802 of this Act), national origin, (3) in subsection (c), by inserting or because a person is a member of the uniformed services (as such term is defined in section 802 of this Act), national origin, (h) Rule of construction The Fair Housing Act ( 42 U.S.C. 3601 et seq. 821. Rule of construction relating to the treatment of members of the uniformed services (a) Rule of construction Nothing in this Act may be construed to prohibit any person from— (1) making available to an individual a benefit with respect to a dwelling, a residential real estate-related transaction (as defined in section 805 of this Act), or a service described in section 806 of this Act because the individual is a member of the uniformed services; or (2) selling or renting a dwelling only to members of the uniformed services. (b) Definition For purposes of this section, the term benefit . 4. Effective date This Act shall become effective 120 days after the date of enactment of this Act.

Veterans and Servicemembers Employment Rights and Housing Act of 2013

21st Century Glass-Steagall Act of 2013 - Amends the Federal Deposit Insurance Act to prohibit an insured depository institution from: (1) being or becoming an affiliate of any insurance company, securities entity, or swaps entity; (2) being in common ownership or control with any insurance company, securities entity, or swaps entity; or (3) engaging in any activity that would cause the insured depository institution to qualify as an insurance company, securities entity, or swaps entity. Prohibits any individual who is an officer, director, partner, or employee of any securities entity, insurance company, or swaps entity, except in specified circumstances, from serving simultaneously as an officer, director, employee, or other institution-affiliated party of any insured depository institution. Makes certain technical and conforming amendments to the Banking Act of 1933 and the Revised Statutes of the United States to limit the business of national banks to receiving deposits, extending credit, discounting and negotiating evidences of debt, loaning money on personal security, engaging in coin and bullion exchange, and investing in investment securities. Limits the purchase and sale of investment securities and stock by a national banking association to the accounts of customers, but in no case for its own account. Prohibits an association from underwriting any issue of securities or stock. Prohibits a national banking association from investing in structured or synthetic products, defined as financial instruments in which a return is calculated based on the value of, or by reference to the performance of, a security, commodity, swap, other asset, or an entity, or any index or basket composed of such items. Amends the Home Owners' Loan Act to repeal the authority of federal savings associations to invest in, redeem, or hold shares or certificates issued by any open-end management investment company registered with the Securities and Exchange Commission (SEC) if their portfolios are restricted by the management company's investment policy solely to investments that a federal savings association by law or regulation may deal in. Amends the Bank Holding Company Act of 1956 with respect to prohibitions against bank holding company ownership or control of voting share interests in nonbanking organizations. Revises exemptions from such prohibitions in the case of nonbanking organizations thewhose activities are so closely related to banking as to be a proper incident to them. Specifies activities of a nonbanking organization that shall not be considered closely related to banking, and so disqualify a bank holding company from owning or controlling voting share interests in such an organization. Includes among such nonbanking activities: (1) serving as an investment advisor to an investment company, (2) agency transactional services for customer investments, (3) investment transactions as principal, and (4) management consulting and counseling activities. Exempts from application of the prohibitions against nonbanking activities, with respect to a bank holding company, the purchase, as an end user, of swaps to hedge against certain exposures, including changes in either interest rates or in the value of currency. Prohibits a bank holding company from engaging in the business of a securities or a swaps entity, including: (1) dealing or making markets in securities, repurchase agreements, exchange traded and over-the-counter swaps, and structured or synthetic products; (2) engaging in proprietary trading; (3) owning, sponsoring, or investing in a hedge fund, or private equity fund, or any other fund which exhibits the characteristics of a fund that takes on proprietary trading activities or positions; (4) holding ineligible securities or derivatives; and (5) engaging in either market-making or prime brokerage activities. Requires the appropriate federal regulatory agency to pursue certain actions to enforce this Act. Amends the Bank Holding Company Act of 1956 to repeal provisions (of the Gramm-Leach-Bliley Act) that: (1) permit a financial holding company to engage in activities that are either financial in nature or constitute expanded financial activities, (2) prescribe corrective actions for financial holding companies that fail to meet certain requirements, (4) authorize certain financial holding companies to retain limited nonfinancial activities and affiliations, and (5) authorize certain financial holding companies to own or control shares of a company engaged in activities related to the trading, sale, or investment in commodities and underlying physical properties that were not previously permissible for bank holding companies. Amends the Revised Statutes of the United States to repeal the authority of national banks to control or hold an interest in financial subsidiaries. Amends the International Banking Act of 1978 to repeal the permission granted certain foreign banks to continue to engage in nonbanking activities in the United States. Revises bankruptcy law to repeal the prohibition against staying, avoiding, or limiting the exercise of a contractual right of financial entities to either liquidate, terminate, or accelerate the following financial instruments: a securities contract, a repurchase agreement, a swap agreement, a master netting agreement, and across contracts. Repeals requirements for the timing of damage measurement in connection with such financial instruments, including commodity contracts and forward contracts.

To reduce risks to the financial system by limiting banks’ ability to engage in certain risky activities and limiting conflicts of interest, to reinstate certain Glass-Steagall Act protections that were repealed by the Gramm-Leach-Bliley Act, and for other purposes. 1. Short title This Act may be cited as the 21st Century Glass-Steagall Act of 2013 2. Findings and purpose (a) Findings Congress finds that— (1) in response to a financial crisis and the ensuing Great Depression, Congress enacted the Banking Act of 1933, known as the Glass-Steagall Act (2) a series of deregulatory decisions by the Board of Governors of the Federal Reserve System and the Office of the Comptroller of the Currency, in addition to decisions by Federal courts, permitted commercial banks to engage in an increasing number of risky financial activities that had previously been restricted under the Glass-Steagall Act, and also vastly expanded the meaning of the business of banking closely related activities (3) in 1999, Congress enacted the Gramm-Leach-Bliley Act (4) former Kansas City Federal Reserve President Thomas Hoenig observed that with the elimination of Glass-Steagall, the largest institutions with the greatest ability to leverage their balance sheets increased their risk profile by getting into trading, market making, and hedge fund activities, adding ever greater complexity to their balance sheets. (5) the Financial Crisis Inquiry Report issued by the Financial Crisis Inquiry Commission concluded that, in the years between the passage of Gramm-Leach Bliley and the global financial crisis, regulation and supervision of traditional banking had been weakened significantly, allowing commercial banks and thrifts to operate with fewer constraints and to engage in a wider range of financial activities, including activities in the shadow banking system. [t]his deregulation made the financial system especially vulnerable to the financial crisis and exacerbated its effects. (6) a report by the Financial Stability Oversight Council pursuant to section 123 of the Dodd-Frank Wall Street Reform and Consumer Protection Act states that increased complexity and diversity of financial activities at financial institutions may shift institutions towards more risk-taking, increase the level of interconnectedness among financial firms, and therefore may increase systemic default risk. These potential costs may be exacerbated in cases where the market perceives diverse and complex financial institutions as ‘too big to fail,’ which may lead to excessive risk taking and concerns about moral hazard. (7) the Senate Permanent Subcommittee on Investigations report, Wall Street and the Financial Crisis: Anatomy of a Financial Collapse made it more difficult for regulators to distinguish between activities intended to benefit customers versus the financial institution itself. The expanded set of financial services investment banks were allowed to offer also contributed to the multiple and significant conflicts of interest that arose between some investment banks and their clients during the financial crisis. (8) the Senate Permanent Subcommittee on Investigations report, JPMorgan Chase Whale Trades: A Case History of Derivatives Risks and Abuses (9) in Europe, the Vickers Independent Commission on Banking (for the United Kingdom) and the Liikanen Report (for the Euro area) have both found that there is no inherent reason to bundle retail banking investment banking (10) private sector actors prefer having access to underpriced public sector insurance, whether explicit (for insured deposits) or implicit (for too big to fail (11) the financial crisis, and the regulatory response to the crisis, has led to more mergers between financial institutions, creating greater financial sector consolidation and increasing the dominance of a few large, complex financial institutions that are generally considered to be too big to fail (b) Purpose The purposes of this Act are— (1) to reduce risks to the financial system by limiting banks’ ability to engage in activities other than socially valuable core banking activities; (2) to protect taxpayers and reduce moral hazard by removing explicit and implicit government guarantees for high-risk activities outside of the core business of banking; and (3) to eliminate conflicts of interest that arise from banks engaging in activities from which their profits are earned at the expense of their customers or clients. 3. Safe and sound banking (a) Insured depository institutions Section 18(s) of the Federal Deposit Insurance Act ( 12 U.S.C. 1828(s) (6) Limitations on banking affiliations (A) Prohibition on affiliations with nondepository entities An insured depository institution may not— (i) be or become an affiliate of any insurance company, securities entity, or swaps entity; (ii) be in common ownership or control with any insurance company, securities entity, or swaps entity; or (iii) engage in any activity that would cause the insured depository institution to qualify as an insurance company, securities entity, or swaps entity. (B) Individuals eligible to serve on boards of depository institutions (i) In general An individual who is an officer, director, partner, or employee of any securities entity, insurance company, or swaps entity may not serve at the same time as an officer, director, employee, or other institution-affiliated party of any insured depository institution. (ii) Exception Clause (i) does not apply with respect to service by any individual which is otherwise prohibited under clause (i), if the appropriate Federal banking agency determines, by regulation with respect to a limited number of cases, that service by such an individual as an officer, director, employee, or other institution-affiliated party of an insured depository institution would not unduly influence the investment policies of the depository institution or the advice that the institution provides to customers. (iii) Termination of service Subject to a determination under clause (i), any individual described in clause (i) who, as of the date of enactment of the 21st Century Glass-Steagall Act of 2013 (C) Termination of existing affiliations and activities (i) Orderly termination of existing affiliations and activities Any affiliation, common ownership or control, or activity of an insured depository institution with any securities entity, insurance company, or swaps entity, or any other person, as of the date of enactment of the 21st Century Glass-Steagall Act of 2013 (ii) Early termination The appropriate Federal banking agency, after opportunity for hearing, at any time, may order termination of an affiliation, common ownership or control, or activity prohibited by clause (i) before the end of the 5-year period described in clause (i), if the agency determines that— (I) such action is necessary to prevent undue concentration of resources, decreased or unfair competition, conflicts of interest, or unsound banking practices; and (II) is in the public interest. (iii) Extension Subject to a determination under clause (ii), an appropriate Federal banking agency may extend the 5-year period described in clause (i) as to any particular insured depository institution for not more than an additional 6 months at a time, if— (I) the agency certifies that such extension would promote the public interest and would not pose a significant threat to the stability of the banking system or financial markets in the United States; and (II) such extension, in the aggregate, does not exceed 1 year for any one insured depository institution. (iv) Requirements for entities receiving an extension Upon receipt of an extension under clause (iii), the insured depository institution shall notify its shareholders and the general public that it has failed to comply with the requirements of clause (i). (D) Definitions For purposes of this paragraph, the following definitions shall apply: (i) Insurance company The term insurance company (ii) Securities entity Except as provided in clause (iii), the term securities entity (I) includes any entity engaged in— (aa) the issue, flotation, underwriting, public sale, or distribution of stocks, bonds, debentures, notes, or other securities; (bb) market making; (cc) activities of a broker or dealer, as those terms are defined in section 3(a) of the Securities Exchange Act of 1934; (dd) activities of a futures commission merchant; (ee) activities of an investment adviser or investment company, as those terms are defined in the Investment Advisers Act of 1940 and the Investment Company Act of 1940, respectively; or (ff) hedge fund or private equity investments in the securities of either privately or publicly held companies; and (II) does not include a bank that, pursuant to its authorized trust and fiduciary activities, purchases and sells investments for the account of its customers or provides financial or investment advice to its customers. (iii) Swaps entity The term swaps entity (I) the Commodity Exchange Act ( 7 U.S.C. 1 et seq. (II) the Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. (iv) Insured depository institution The term insured depository institution (I) has the same meaning as in section 3(c)(2); and (II) does not include a savings association controlled by a savings and loan holding company, as described in section 10(c)(9)(C) of the Home Owners' Loan Act (12 U.S.C. 1467a(c)(9)(C)). . (b) Limitation on banking activities Section 21 of the Banking Act of 1933 (12 U.S.C. 378) is amended by adding at the end the following: (c) Business of receiving deposits For purposes of this section, the term business of receiving deposits . (c) Permitted activities of national banks Section 24 (Seventh) of the Revised Statutes of the United States (12 U.S.C. 24 (Seventh)) is amended to read as follows: Seventh. (A) To exercise by its board of directors or duly authorized officers or agents, subject to law, all such powers as are necessary to carry on the business of banking. (B) As used in this paragraph, the term business of banking (i) Receiving deposits A national banking association may engage in the business of receiving deposits. (ii) Extensions of credit A national banking association may— (I) extend credit to individuals, businesses, not for profit organizations, and other entities; (II) discount and negotiate promissory notes, drafts, bills of exchange, and other evidences of debt; and (III) loan money on personal security. (iii) Payment systems A national banking association may participate in payment systems, defined as instruments, banking procedures, and interbank funds transfer systems that ensure the circulation of money. (iv) Coin and bullion A national banking association may buy, sell, and exchange coin and bullion. (v) Investments in securities (I) In general A national banking association may invest in investment securities, defined as marketable obligations evidencing indebtedness of any person, copartnership, association, or corporation in the form of bonds, notes, or debentures (commonly known as investment securities investment securities (II) Limitations The business of dealing in securities and stock by the association shall be limited to purchasing and selling such securities and stock without recourse, solely upon the order, and for the account of, customers, and in no case for its own account, and the association shall not underwrite any issue of securities or stock. The association may purchase for its own account investment securities under such limitations and restrictions as the Comptroller of the Currency, the Federal Deposit Insurance Corporation, and the Board of Governors of the Federal Reserve System may jointly prescribe, by regulation. In no event shall the total amount of the investment securities of any one obligor or maker, held by the association for its own account, exceed at any time 10 percent of its capital stock actually paid in and unimpaired and 10 percent of its unimpaired surplus fund, except that such limitation shall not require any association to dispose of any securities lawfully held by it on August 23, 1935. (C) Prohibition against transactions involving structured or synthetic products A national banking association shall not invest in a structured or synthetic product, a financial instrument in which a return is calculated based on the value of, or by reference to the performance of, a security, commodity, swap, other asset, or an entity, or any index or basket composed of securities, commodities, swaps, other assets, or entities, other than customarily determined interest rates, or otherwise engage in the business of receiving deposits or extending credit for transactions involving structured or synthetic products. . (d) Permitted Activities of Federal Savings Associations (1) In general Section 5(c)(1) of the Home Owners' Loan Act (12 U.S.C. 1464(c)(1)) is amended— (A) by striking subparagraph (Q); and (B) by redesignating subparagraphs (R) through (U) as subparagraphs (Q) through (T), respectively. (2) Conforming amendment Section 10(c)(9)(A) of the Home Owners' Loan Act (12 U.S.C. 1467a(c)(9)(A)) is amended by striking permitted— permitted under paragraph (1)(C) or (2). (e) Closely related activities Section 4(c) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1843(c) (1) in paragraph (8), by striking had been determined (A) Serving as an investment advisor (as defined in section 2(a)(20) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–2(a)(20) (B) Agency transactional services for customer investments, except that this subparagraph may not be construed as prohibiting purchases and sales of investments for the account of customers conducted by a bank (or subsidiary thereof) pursuant to the bank’s trust and fiduciary powers. (C) Investment transactions as principal, except for activities specifically allowed by paragraph (14). (D) Management consulting and counseling activities. ; (2) in paragraph (13), by striking or (3) by redesignating paragraph (14) as paragraph (15); and (4) by inserting after paragraph (13) the following: (14) purchasing, as an end user, any swap, to the extent that— (A) the purchase of any such swap occurs contemporaneously with the underlying hedged item or hedged transaction; (B) there is formal documentation identifying the hedging relationship with particularity at the inception of the hedge; and (C) the swap is being used to hedge against exposure to— (i) changes in the value of an individual recognized asset or liability or an identified portion thereof that is attributable to a particular risk; (ii) changes in interest rates; or (iii) changes in the value of currency; or . (f) Prohibited activities Section 4(a) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1843(a) (1) in paragraph (1), by striking or (2) in paragraph (2), by striking the period at the end and inserting ; or (3) by inserting before the undesignated matter following paragraph (2), the following: (3) with the exception of the activities permitted under subsection (c), engage in the business of a securities entity swaps entity 12 U.S.C. 1828(s)(6)(D) (4) engage in proprietary trading, as provided by section 13, or any rule or regulation under that section; (5) own, sponsor, or invest in a hedge fund, or private equity fund, or any other fund, as provided by section 13, or any rule or regulation under that section, or any other fund which exhibits the characteristics of a fund that takes on proprietary trading activities or positions; (6) hold ineligible securities or derivatives; (7) engage in market-making; or (8) engage in prime brokerage activities. . (g) Anti-Evasion (1) In general Any attempt to structure any contract, investment, instrument, or product in such a manner that the purpose or effect of such contract, investment, instrument, or product is to evade or attempt to evade the prohibitions described in section 18(s)(6) of the Federal Deposit Insurance Act, section 21(c) of the Banking Act of 1933, paragraph (Seventh) of section 24 of the Revised Statutes of the United States, section 5(c)(1) of the Home Owners’ Loan Act, or section 4(a) of the Bank Holding Company Act of 1956, as added or amended by this section, shall be considered a violation of the Federal Deposit Insurance Act, the Banking Act of 1933, section 24 of the Revised Statutes of the United States, the Home Owners’ Loan Act, and the Bank Holding Company Act of 1956, respectively. (2) Termination (A) In general Notwithstanding any other provision of law, if a Federal agency has reasonable cause to believe that an insured depository institution, securities entity, swaps entity, insurance company, bank holding company, or other entity over which that agency has regulatory authority has made an investment or engaged in an activity in a manner that functions as an evasion of the prohibitions described in paragraph (1) (including through an abuse of any permitted activity) or otherwise violates such prohibitions, the agency shall— (i) order, after due notice and opportunity for hearing, the entity to terminate the activity and, as relevant, dispose of the investment; (ii) order, after the procedures described in clause (i), the entity to pay a penalty equal to 10 percent of the entity’s net profits, averaged over the previous 3 years, into the United States Treasury; and (iii) initiate proceedings described in 12 U.S.C. 1818(e) (B) Construction Nothing in this paragraph shall be construed to limit the inherent authority of any Federal agency or State regulatory authority to further restrict any investments or activities under otherwise applicable provisions of law. (3) Reporting requirement Each year, each Federal agency having regulatory authority over any entity described in paragraph (2)(A) shall issue 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, and shall make such report available to the public. The report shall identify the number and character of any activities that took place in the preceding year that function as an evasion of the prohibitions described in paragraph (1), the names of the particular entities engaged in those activities, and the actions of the agency taken under paragraph (2). (h) Attestation Section 4 of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1843 (k) Attestation Executives of any bank holding company or its affiliate shall attest in writing, under penalty of perjury, that the bank holding company or affiliate is not engaged in any activity that is prohibited under subsection (a), except to the extent that such activity is permitted under subsection (c). . 4. Repeal of Gramm-Leach-Bliley Act provisions (a) Termination of financial holding company designation (1) In general Section 4 of the Bank Holding Company Act of 1956 (12 U.S.C. 1843) is amended by striking subsections (k), (l), (m), (n), and (o). (2) Transition (A) Orderly termination of existing affiliation In the case of a bank holding company which, pursuant to the amendments made by paragraph (1), is no longer authorized to control or be affiliated with any entity that was permissible for a financial holding company on the day before the date of enactment of this Act, any affiliation, ownership or control, or activity by the bank holding company which is not permitted for a bank holding company shall be terminated as soon as is practicable, and in no event later than the end of the 5-year period beginning on the date of enactment of this Act. (B) Early termination The Board of Governors of the Federal Reserve System (in this section referred to as the Board (i) is necessary to prevent undue concentration of resources, decreased or unfair competition, conflicts of interest, or unsound banking practices; and (ii) is in the public interest. (C) Extension Subject to a determination under subparagraph (B), the Board may extend the 5-year period described in subparagraph (A), as to any particular bank holding company, for not more than an additional 6 months at a time, if— (i) the Board certifies that such extension would promote the public interest and would not pose a significant risk to the stability of the banking system or financial markets of the United States; and (ii) such extension, in the aggregate, does not exceed 1 year for any one bank holding company. (D) Requirements for entities receiving an extension Upon receipt of an extension under subparagraph (C), the bank holding company shall notify its shareholders and the general public that it has failed to comply with the requirements of subparagraph (A). (3) Technical and conforming amendments (A) Bank holding company act of 1956 The Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) is amended— (i) in section 2 ( 12 U.S.C. 1841 (I) by striking subsection (p); and (II) by redesignating subsection (q) as subsection (p); (ii) in section 5(c) ( 12 U.S.C. 1844(c) (iii) in section 5 ( 12 U.S.C. 1844 (4) FDIA The Federal Deposit Insurance Act ( 12 U.S.C. 1811 et seq. (A) by striking sections 45 and 46 ( 12 U.S.C. 1831v (B) by redesignating sections 47 through 50 as sections 45 through 48, respectively. (5) Gramm-leach-bliley Subtitle B of title I of the Gramm-Leach-Bliley Act is amended by striking section 115 ( 12 U.S.C. 1820a (b) Financial subsidiaries of national banks disallowed (1) In general Section 5136A of the Revised Statutes of the United States ( 12 U.S.C. 24a (2) Transition (A) Orderly termination of existing affiliation In the case of a national bank which, pursuant to the amendment made by paragraph (1), is no longer authorized to control or be affiliated with a financial subsidiary as of the date of enactment of this Act, such affiliation, ownership or control, or activity shall be terminated as soon as is practicable, and in no event later than the end of the 5-year period beginning on the date of enactment of this Act. (B) Early termination The Comptroller of the Currency (in this section referred to as the Comptroller (i) such action is necessary to prevent undue concentration of resources, decreased or unfair competition, conflicts of interest, or unsound banking practices; and (ii) is in the public interest. (C) Extension Subject to a determination under subparagraph (B), the Comptroller may extend the 5-year period described in subparagraph (A) as to any particular national bank for not more than an additional 6 months, if— (i) the Comptroller certifies that such extension would promote the public interest and would not pose a significant risk to the stability of the banking system or financial markets of the United States; and (ii) such extension, in the aggregate, does not exceed 1 year for any single national bank. (D) Requirements for entities receiving an extension Upon receipt of an extension under subparagraph (C), the national bank shall notify its shareholders and the general public that it has failed to comply with the requirements described in subparagraph (A). (3) Technical and conforming amendment The 20th undesignated paragraph of section 9 of the Federal Reserve Act ( 12 U.S.C. 335 (4) Clerical amendment The table of sections for chapter one of title LXII of the Revised Statutes of the United States is amended by striking the item relating to section 5136A. (c) Repeal of provision relating to foreign banks filing as financial holding companies Section 8(c) of the International Banking Act of 1978 ( 12 U.S.C. 3106(c) 5. Repeal of bankruptcy provisions Title 11, United States Code, is amended by striking sections 555, 559, 560, 561, and 562.

21st Century Glass-Steagall Act of 2013

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Legislative Branch Appropriations Act, 2014 - Title I: Legislative Branch Appropriations - Makes appropriations to the Senate for FY2014 for: (1) a payment to Bonnie Englebardt Lautenberg, widow of Frank R. Lautenberg, late a Senator from New Jersey; (2) expense allowances; (3) representation allowances for the Majority and Minority Leaders; (4) salaries of specified officers, employees, and committees (including the Committee on Appropriations); (5) agency contributions for employee benefits; (6) inquiries and investigations; (7) the U.S. Senate Caucus on International Narcotics Control; (8) the Offices of the Secretary and of the Sergeant at Arms and Doorkeeper of the Senate; (9) miscellaneous items; (10) the Senators' Official Personnel and Office Expense Account; and (11) official mail costs. (Sec. 1) Makes balances of expired appropriations, subject to disbursement by the Secretary of the Senate, available to the Secretary for the mandatory deposit to the credit of the Employees' Compensation Fund. Makes appropriations for salaries and/or expenses of: (1) the Joint Economic Committee, (2) the Joint Committee on Taxation, (3) the Office of the Attending Physician, (4) the Office of Congressional Accessibility Services, (5) the Capitol Police, (6) the Office of Compliance, (7) the Congressional Budget Office (CBO), and (8) the Architect of the Capitol (AOC). (Sec. 1002) Makes balances of expired U.S. Capitol Police appropriations available to the Capitol Police for the mandatory deposit to the credit of the Employees' Compensation Fund. (Sec. 1101) Amends the Legislative Branch Appropriations Act, 2009 to extend indefinitely the AOC program for the collection and the sale of certain recyclable materials collected from or on the Capitol buildings and grounds. Appropriates funds for: (1) the Library of Congress for salaries and expenses, the Copyright Office, Congressional Research Service (CRS), and Books for the Blind and Physically Handicapped; (2) the Government Printing Office (GPO); (3) GPO for the Office of Superintendent of Documents; (4) a payment to the Government Printing Office Revolving Fund; (5) the Government Accountability Office (GAO); (6) a payment to the Open World Leadership Center Trust Fund; and (7) a payment to the John C. Stennis Center for Public Service Development Trust Fund. (Sec. 1201) Establishes an upper limit of $185.579 million for the FY2014 obligational authority of the Library of Congress with regard to certain reimbursable and revolving fund activities. Authorizes the Librarian of Congress to transfer temporarily up to $1.9 million of funds appropriated in this Act for Library of Congress salaries and expenses to the revolving fund for the FEDLINK Program and the Federal Research Program. (Sec. 1202) Authorizes the transfer of Library of Congress appropriations for FY2014 and each ensuing fiscal between any "Library of Congress" headings, upon the approval of congressional appropriations committees. Limits such transfers to 10% of the total amount of funds appropriated to the account under any such heading for the fiscal year. (Sec. 1301) Authorizes the Comptroller General to: (1) charge and collect fees for the filing of protests concerning alleged violations of a procurement statute or regulation in order to cover the costs of developing, maintaining, and operating an electronic system for filing such protests; and (2) retain and use such fees immediately and without fiscal year limitation for such purpose. Title II: General Provisions - Specifies authorized and prohibited uses of funds appropriated by this Act identical or similar to corresponding provisions of the Legislative Branch Appropriations Act, 2013. (Sec. 207) Authorizes the AOC to maintain and improve the landscape features, excluding streets, in specified grassy areas of Washington, DC, SW. (Sec. 209) Prohibits the use of funds made available to the AOC in this Act to eliminate or restrict guided tours of the U.S. Capitol led by congressional employees and interns. Allows temporary suspension or restriction of such tours for security or related reasons to the same extent as guided tours of the U.S. Capitol led by the AOC. (Sec. 210) Authorizes the Librarian of Congress to transfer up to $6 million from funds provided for certain reimbursable and revolving fund activities to the Open World Leadership Center Trust Fund for use by the Open World Leadership Center to award grants annually to government or community organizations in the United States that seek to establish programs hosting nationals of eligible foreign states who are emerging political leaders. Authorizes the Board of Trustees of the Center to solicit, accept, and use donations to the Fund to reimburse such transferred funds.

Making appropriations for the Legislative Branch 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 Legislative Branch for the fiscal year ending September 30, 2014, and for other purposes, namely: I LEGISLATIVE BRANCH SENATE Payment to Widows and Heirs of Deceased Members of Congress For a payment to Bonnie Englebardt Lautenberg, widow of Frank R. Lautenberg, late a Senator from New Jersey, $174,000. Expense allowances For expense allowances of the Vice President, $18,760; the President Pro Tempore of the Senate, $37,520; Majority Leader of the Senate, $39,920; Minority Leader of the Senate, $39,920; Majority Whip of the Senate, $9,980; Minority Whip of the Senate, $9,980; Chairmen of the Majority and Minority Conference Committees, $4,690 for each Chairman; and Chairmen of the Majority and Minority Policy Committees, $4,690 for each Chairman; in all, $174,840 . Representation Allowances for the Majority and Minority Leaders For representation allowances of the Majority and Minority Leaders of the Senate, $14,070 for each such Leader; in all, $28,140 . Salaries, officers and employees For compensation of officers, employees, and others as authorized by law, including agency contributions, $182,452,812 , Office of the Vice President For the Office of the Vice President, $2,393,248 . Office of the President Pro Tempore For the Office of the President Pro Tempore, $715,466 . Offices of the Majority and Minority Leaders For Offices of the Majority and Minority Leaders, $5,201,576 . Offices of the Majority and Minority Whips For Offices of the Majority and Minority Whips, $3,321,424 . Committee on Appropriations For salaries of the Committee on Appropriations, $15,064,000 . Conference Committees For the Conference of the Majority and the Conference of the Minority, at rates of compensation to be fixed by the Chairman of each such committee, $1,639,000 for each such committee; in all, $3,278,000 . Offices of the Secretaries of the Conference of the Majority and the Conference of the Minority For Offices of the Secretaries of the Conference of the Majority and the Conference of the Minority, $805,402 . Policy Committees For salaries of the Majority Policy Committee and the Minority Policy Committee, $1,673,905 for each such committee; in all, $3,347,810 . Office of the Chaplain For Office of the Chaplain, $410,886 . Office of the Secretary For Office of the Secretary, $24,524,000 . Office of the Sergeant at Arms and Doorkeeper For Office of the Sergeant at Arms and Doorkeeper, $72,800,000 . Offices of the Secretaries for the Majority and Minority For Offices of the Secretary for the Majority and the Secretary for the Minority, $1,740,000 . Agency Contributions and Related Expenses For agency contributions for employee benefits, as authorized by law, and related expenses, $48,851,000 . Office of the Legislative Counsel of the Senate For salaries and expenses of the Office of the Legislative Counsel of the Senate, $5,192,000 . Office of Senate Legal Counsel For salaries and expenses of the Office of Senate Legal Counsel, $1,109,000. Expense Allowances of the Secretary of the Senate, Sergeant at Arms and Doorkeeper of the Senate, and Secretaries for the Majority and Minority of the Senate For expense allowances of the Secretary of the Senate, $7,110; Sergeant at Arms and Doorkeeper of the Senate, $7,110; Secretary for the Majority of the Senate, $7,110; Secretary for the Minority of the Senate, $7,110 Contingent Expenses of the Senate Inquiries and Investigations For expenses of inquiries and investigations ordered by the Senate, or conducted under paragraph 1 of rule XXVI of the Standing Rules of the Senate, section 112 of the Supplemental Appropriations and Rescission Act, 1980 (Public Law 96–304), and Senate Resolution 281, 96th Congress, agreed to March 11, 1980, $134,000,000, of which $26,650,000 shall remain available until September 30, 2016. Expenses of the United States Senate Caucus on International Narcotics Control For expenses of the United States Senate Caucus on International Narcotics Control, $493,822. Secretary of the Senate For expenses of the Office of the Secretary of the Senate, $6,250,000 of which $4,350,000 shall remain available until September 30, 2017. Sergeant at Arms and Doorkeeper of the Senate For expenses of the Office of the Sergeant at Arms and Doorkeeper of the Senate, $128,210,000 , Miscellaneous Items For miscellaneous items, $19,400,000, which shall remain available until September 30, 2016. Senators' Official Personnel and Office Expense Account For Senators' Official Personnel and Office Expense Account, $394,202,000 Official Mail Costs For expenses necessary for official mail costs of the Senate, $281,000. Administrative Provision Workers Compensation Payments 1. (a) In General Available balances of expired appropriations which are subject to disbursement by the Secretary of the Senate shall be available to the Secretary of the Senate to make the deposit to the credit of the Employees' Compensation Fund required by section 8147(b) of title 5, United States Code. (b) Effective Date This section shall apply with respect to appropriations for fiscal year 2014, and each fiscal year thereafter. JOINT ITEMS For Joint Committees, as follows: Joint Economic Committee For salaries and expenses of the Joint Economic Committee, $4,203,000, to be disbursed by the Secretary of the Senate. Joint Committee on Taxation For salaries and expenses of the Joint Committee on Taxation, $10,004,000, to be disbursed by the Chief Administrative Officer of the House of Representatives. Office of the Attending Physician For medical supplies, equipment, and contingent expenses of the emergency rooms, and for the Attending Physician and his assistants, including: (1) an allowance of $2,175 per month to the Attending Physician; (2) an allowance of $1,300 per month to the Senior Medical Officer; (3) an allowance of $725 per month each to three medical officers while on duty in the Office of the Attending Physician; (4) an allowance of $725 per month to 2 assistants and $580 per month each not to exceed 11 assistants on the basis heretofore provided for such assistants; and (5) $2,603,000 for reimbursement to the Department of the Navy for expenses incurred for staff and equipment assigned to the Office of the Attending Physician, which shall be advanced and credited to the applicable appropriation or appropriations from which such salaries, allowances, and other expenses are payable and shall be available for all the purposes thereof, $3,400,000, to be disbursed by the Chief Administrative Officer of the House of Representatives. Office of Congressional Accessibility Services salaries and expenses For salaries and expenses of the Office of Congressional Accessibility Services, $1,363,000, to be disbursed by the Secretary of the Senate. CAPITOL POLICE Salaries For salaries of employees of the Capitol Police, including overtime, hazardous duty pay differential, and Government contributions for health, retirement, social security, professional liability insurance, and other applicable employee benefits, $281,459,000, of which not more than $21,413,795 shall be for overtime, to be disbursed by the Chief of the Capitol Police or his General Expenses For necessary expenses of the Capitol Police, including motor vehicles, communications and other equipment, security equipment and installation, uniforms, weapons, supplies, materials, training, medical services, forensic services, stenographic services, personal and professional services, the employee assistance program, the awards program, postage, communication services, travel advances, relocation of instructor and liaison personnel for the Federal Law Enforcement Training Center, and not more than $5,000 to be expended on the certification of the Chief of the Capitol Police in connection with official representation and reception expenses, $57,000,000, to be disbursed by the Chief of the Capitol Police or his designee: Provided Administrative Provision Authority to transfer amounts between salaries and general expenses 1001. During fiscal year 2014 and any succeeding fiscal year, the Capitol Police may transfer amounts appropriated for the fiscal year between the category for salaries and the category for general expenses, upon the approval of the Committees on Appropriations of the House of Representatives and Senate. Funds available for workers compensation payments 1002. (a) In general Available balances of expired United States Capitol Police appropriations shall be available to the Capitol Police to make the deposit to the credit of the Employees' Compensation Fund required by section 8147(b) of title 5, United States Code. (b) Conforming amendment Section 1018 of the Legislative Branch Appropriations Act, 2003 (2 U.S.C. 1907) is amended by striking subsection (f). (c) Effective date This section shall apply with respect to appropriations for fiscal year 2014 and each fiscal year thereafter. OFFICE OF COMPLIANCE Salaries and Expenses For salaries and expenses of the Office of Compliance, as authorized by section 305 of the Congressional Accountability Act of 1995 (2 U.S.C. 1385), $3,868,000, of which $720,000 shall remain available until September 30, 2015: Provided CONGRESSIONAL BUDGET OFFICE Salaries and Expenses For salaries and expenses necessary for operation of the Congressional Budget Office, including not more than $6,000 to be expended on the certification of the Director of the Congressional Budget Office in connection with official representation and reception expenses, $45,700,000. ARCHITECT OF THE CAPITOL General Administration For salaries for the Architect of the Capitol, and other personal services, at rates of pay provided by law; for surveys and studies in connection with activities under the care of the Architect of the Capitol; for all necessary expenses for the general and administrative support of the operations under the Architect of the Capitol including the Botanic Garden; electrical substations of the Capitol, Senate and House office buildings, and other facilities under the jurisdiction of the Architect of the Capitol; including furnishings and office equipment; including not more than $5,000 for official reception and representation expenses, to be expended as the Architect of the Capitol may approve; for purchase or exchange, maintenance, and operation of a passenger motor vehicle, $94,400,000, of which $599,000 shall remain available until September 30, 2018. Capitol Building For all necessary expenses for the maintenance, care and operation of the Capitol, $55,931,000, of which $14,900,000 shall remain available until September 30, 2018, and of which $15,940,000 shall remain available until expended solely for expenses related to rehabilitation of the U.S. Capitol Dome. Capitol Grounds For all necessary expenses for care and improvement of grounds surrounding the Capitol, the Senate and House office buildings, and the Capitol Power Plant, $12,384,000, of which $2,000,000 shall remain available until September 30, 2018. Senate Office Buildings For all necessary expenses for the maintenance, care and operation of Senate office buildings; and furniture and furnishings to be expended under the control and supervision of the Architect of the Capitol, $76,404,000, of which $17,539,000 shall remain available until September 30, 2018. Capitol Power Plant For all necessary expenses for the maintenance, care and operation of the Capitol Power Plant; lighting, heating, power (including the purchase of electrical energy) and water and sewer services for the Capitol, Senate and House office buildings, Library of Congress buildings, and the grounds about the same, Botanic Garden, Senate garage, and air conditioning refrigeration not supplied from plants in any of such buildings; heating the Government Printing Office and Washington City Post Office, and heating and chilled water for air conditioning for the Supreme Court Building, the Union Station complex, the Thurgood Marshall Federal Judiciary Building and the Folger Shakespeare Library, expenses for which shall be advanced or reimbursed upon request of the Architect of the Capitol and amounts so received shall be deposited into the Treasury to the credit of this appropriation, $110,827,000, of which $24,300,000 shall remain available until September 30, 2018: Provided Library Buildings and Grounds For all necessary expenses for the mechanical and structural maintenance, care and operation of the Library buildings and grounds, $64,164,000 of which $38,474,000 shall remain available until September 30, 2018. Capitol Police Buildings, Grounds and Security For all necessary expenses for the maintenance, care and operation of buildings, grounds and security enhancements of the United States Capitol Police, wherever located, the Alternate Computer Facility, and AOC security operations, $21,341,000, of which $3,314,000 shall remain available until September 30, 2018. Botanic Garden For all necessary expenses for the maintenance, care and operation of the Botanic Garden and the nurseries, buildings, grounds, and collections; and purchase and exchange, maintenance, repair, and operation of a passenger motor vehicle; all under the direction of the Joint Committee on the Library, $12,136,000, of which $2,082,000 shall remain available until September 30, 2018: Provided Capitol Visitor Center For all necessary expenses for the operation of the Capitol Visitor Center, $21,276,000. Administrative Provision Collection and Sale of Recyclable Materials 1101. Section 1101(c) of Legislative Branch Appropriations Act, 2009 (division G of Public Law 111–8, 123 Stat. 823, 2 U.S.C. 1811 note) is amended by striking each of the fiscal years 2009 through 2013 fiscal year 2009 and each fiscal year thereafter LIBRARY OF CONGRESS Salaries and Expenses For necessary expenses of the Library of Congress not otherwise provided for, including development and maintenance of the Library's catalogs; custody and custodial care of the Library buildings; special clothing; cleaning, laundering and repair of uniforms; preservation of motion pictures in the custody of the Library; operation and maintenance of the American Folklife Center in the Library; activities under the Civil Rights History Project Act of 2009; preparation and distribution of catalog records and other publications of the Library; hire or purchase of one passenger motor vehicle; and expenses of the Library of Congress Trust Fund Board not properly chargeable to the income of any trust fund held by the Board, $427,988,000, of which not more than $6,000,000 shall be derived from collections credited to this appropriation during fiscal year 2014, and shall remain available until expended, under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2 U.S.C. 150) and not more than $350,000 shall be derived from collections during fiscal year 2014 and shall remain available until expended for the development and maintenance of an international legal information database and activities related thereto: Provided Provided further, Provided further, Provided further, Copyright Office Salaries and Expenses For necessary expenses of the Copyright Office, $52,640,000, of which not more than $28,029,000, to remain available until expended, shall be derived from collections credited to this appropriation during fiscal year 2014 under section 708(d) of title 17, United States Code: Provided Provided further, Provided further, Provided further, International Copyright Institute Provided further, Provided further, Congressional Research Service Salaries and Expenses For necessary expenses to carry out the provisions of section 203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to revise and extend the Annotated Constitution of the United States of America, $108,841,000: Provided Books for the Blind and Physically Handicapped Salaries and Expenses For salaries and expenses to carry out the Act of March 3, 1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $51,400,000: Provided Administrative Provisions Reimbursable and Revolving Fund Activities 1201. (a) In General For fiscal year 2014, the obligational authority of the Library of Congress for the activities described in subsection (b) may not exceed $185,579,000. (b) Activities The activities referred to in subsection (a) are reimbursable and revolving fund activities that are funded from sources other than appropriations to the Library in appropriations Acts for the legislative branch. (c) Transfer of Funds During fiscal year 2014, the Librarian of Congress may temporarily transfer funds appropriated in this Act, under the heading Library of Congress Salaries and Expenses Provided Provided further, TRANSFER AUTHORITY 1202. (a) In General Effective in fiscal year 2014 and each succeeding fiscal year, amounts appropriated for the Library of Congress may be transferred during the fiscal year between any of the headings under the heading Library of Congress (b) Limitation Not more than 10 percent of the total amount of funds appropriated to the account under any heading under the heading Library of Congress GOVERNMENT PRINTING OFFICE Congressional Printing and Binding (INCLUDING TRANSFER OF FUNDS) For authorized printing and binding for the Congress and the distribution of Congressional information in any format; printing and binding for the Architect of the Capitol; expenses necessary for preparing the semimonthly and session index to the Congressional Record, as authorized by law (section 902 of title 44, United States Code); printing and binding of Government publications authorized by law to be distributed to Members of Congress; and printing, binding, and distribution of Government publications authorized by law to be distributed without charge to the recipient, $79,736,000: Provided Provided further, Provided further, Provided further, Office of Superintendent of Documents Salaries and Expenses (INCLUDING TRANSFER OF FUNDS) For expenses of the Office of Superintendent of Documents necessary to provide for the cataloging and indexing of Government publications and their distribution to the public, Members of Congress, other Government agencies, and designated depository and international exchange libraries as authorized by law, $31,500,000: Provided Provided further, Government Printing Office Revolving Fund For payment to the Government Printing Office Revolving Fund, $8,064,000 for information technology development: Provided Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Office of Superintendent of Documents Salaries and Expenses GOVERNMENT ACCOUNTABILITY OFFICE Salaries and Expenses For necessary expenses of the Government Accountability Office, including not more than $12,500 to be expended on the certification of the Comptroller General of the United States in connection with official representation and reception expenses; temporary or intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not more than the daily equivalent of the annual rate of basic pay for level IV of the Executive Schedule under section 5315 of such title; hire of one passenger motor vehicle; advance payments in foreign countries in accordance with section 3324 of title 31, United States Code; benefits comparable to those payable under sections 901(5), (6), and (8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5), (6), and (8)); and under regulations prescribed by the Comptroller General of the United States, rental of living quarters in foreign countries, $505,383,000: Provided Provided further, Provided further, Administrative Provision ELECTRONIC SYSTEM FOR FILING BID PROTESTS 1301. Section 3555(c) of title 31, United States Code, is amended— (1) by inserting (1) (c) (2) by adding at the end the following new paragraph: (2) The Comptroller General may charge and collect fees for filing protests under this subchapter for the purpose of covering the costs of developing, maintaining, and operating an electronic system for filing such protests. The Comptroller General may retain and use such fees immediately and without fiscal year limitation for such purpose. . Open World Leadership Center Trust Fund For a payment to the Open World Leadership Center Trust Fund for financing activities of the Open World Leadership Center under section 313 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151), $4,000,000. John C. Stennis Center for Public Service Training and Development For payment to the John C. Stennis Center for Public Service Development Trust Fund established under section 116 of the John C. Stennis Center for Public Service Training and Development Act (2 U.S.C. 1105), $430,000. II GENERAL PROVISIONS MAINTENANCE AND CARE OF PRIVATE VEHICLES 201. No part of the funds appropriated in this Act shall be used for the maintenance or care of private vehicles, except for emergency assistance and cleaning as may be provided under regulations relating to parking facilities for the House of Representatives issued by the Committee on House Administration and for the Senate issued by the Committee on Rules and Administration. FISCAL YEAR LIMITATION 202. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. RATES OF COMPENSATION AND DESIGNATION 203. Whenever in this Act any office or position not specifically established by the Legislative Pay Act of 1929 (46 Stat. 32 et seq.) is appropriated for or the rate of compensation or designation of any office or position appropriated for is different from that specifically established by such Act, the rate of compensation and the designation in this Act shall be the permanent law with respect thereto: Provided CONSULTING SERVICES 204. The expenditure of any appropriation under this Act for any consulting service through procurement contract, under section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued under existing law. AWARDS AND SETTLEMENTS 205. Such sums as may be necessary are appropriated to the account described in subsection (a) of section 415 of the Congressional Accountability Act of 1995 (2 U.S.C. 1415(a)) to pay awards and settlements as authorized under such subsection. COSTS OF LBFMC 206. Amounts available for administrative expenses of any legislative branch entity which participates in the Legislative Branch Financial Managers Council (LBFMC) established by charter on March 26, 1996, shall be available to finance an appropriate share of LBFMC costs as determined by the LBFMC, except that the total LBFMC costs to be shared among all participating legislative branch entities (in such allocations among the entities as the entities may determine) may not exceed $2,000. LANDSCAPE MAINTENANCE 207. The Architect of the Capitol, in consultation with the District of Columbia, is authorized to maintain and improve the landscape features, excluding streets, in the irregular shaped grassy areas bounded by Washington Avenue, SW, on the northeast, Second Street, SW, on the west, Square 582 on the south, and the beginning of the I–395 tunnel on the southeast. LIMITATION ON TRANSFERS 208. 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. GUIDED TOURS OF THE CAPITOL 209. (a) Except as provided in subsection (b), none of the funds made available to the Architect of the Capitol in this Act may be used to eliminate or restrict guided tours of the United States Capitol which are led by employees and interns of offices of Members of Congress and other offices of the House of Representatives and Senate. (b) At the direction of the Capitol Police Board, or at the direction of the Architect of the Capitol with the approval of the Capitol Police Board, guided tours of the United States Capitol which are led by employees and interns described in subsection (a) may be suspended temporarily or otherwise subject to restriction for security or related reasons to the same extent as guided tours of the United States Capitol which are led by the Architect of the Capitol. Open World Leadership Center 210. (a) Notwithstanding any other provision of law, the Librarian of Congress may transfer up to $6,000,000 from the funds described in section 1201 of title I of this Act to the Open World Leadership Center Trust Fund for use as provided under section 313 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151). (b) The Board of Trustees of the Open World Leadership Center may, pursuant to its authority under section 313(c)(2) of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151(c)(2)), solicit, accept, and use donations to the Open World Leadership Center Trust Fund for the purpose of reimbursing the funds described in subsection (a) for any amounts transferred to the Trust Fund under subsection (a). This Act may be cited as the Legislative Branch Appropriations Act, 2014 July 11, 2013 Read twice and placed on the calendar

Legislative Branch Appropriations Act, 2014

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2014 - Makes appropriations for the Departments of Labor, of Health and Human Services (HHS), and of Education, and related agencies for FY2014. Title I: Department of Labor - Department of Labor Appropriations Act, 2014 - Makes appropriations for FY2014 to the Department of Labor for: (1) the Employment and Training Administration, including training and employment services; (2) the Office of the Job Corps; (3) community service employment for older Americans; (4) federal unemployment benefits and allowances; (5) state unemployment insurance and employment service operations; (6) the State Paid Leave Fund; (7) advances to the Unemployment Trust Fund; (8) employment and training program administration; (9) the Employee Benefits Security Administration; (10) the Pension Benefit Guaranty Corporation; (11) the Wage and Hour Division; (12) the Office of Labor Management Standards; (13) the Office of Federal Contract Compliance Programs; (14) the Office of Workers' Compensation Programs; (15) certain special benefits, including ones for disabled coal miners; (16) administrative expenses for the Energy Employees Occupational Illness Compensation Fund; (17) the Black Lung Disability Trust Fund; (18) the Occupational Safety and Health Administration (OSHA); (19) the Mine Safety and Health Administration; (20) the Bureau of Labor Statistics; (21) the Office of Disability Employment Policy; (22) departmental management; (23) veterans employment and training; (24) Department infrastructure technology (IT) modernization, and (25) the Office of Inspector General. Sets forth authorized uses of, and limitations on, funds and transfers of funds appropriated under this title. (Sec. 101) Prohibits use of Job Corps funds to pay individual salary and bonuses at a rate in excess of Executive Level II. (Sec. 102) Allows not more than 1% of discretionary funds for the current fiscal year for the Department of Labor in this Act to be transferred between a program, project, or activity. Prohibits any increase of any such program, project, or activity by more than 3% by any such transfer. (Sec. 103) Prohibits funds from being obligated or expended to procure goods mined, produced, manufactured, or harvested or services rendered, in whole or in part, by forced or indentured child labor in industries and host countries already identified by the Department of Labor prior to enactment of this Act, in accordance with a specified executive order. (Sec. 104) Prohibits funding available to the Department of Labor for grants under the American Competitiveness and Workforce Improvement Act of 1998 for uses other than competitive grants for training individuals in the occupations and industries for which H-1B visa recipients are hired and necessary related activities. (Sec. 105) Prohibits recipients of employment and training funds from using them to pay the salary and bonuses of an individual at a rate in excess of Executive Level II, with an exception for specified vendors. (Sec. 106) Prohibits the Secretary of Labor (Secretary in this title) from taking any action, with certain exceptions, to amend a specified definition for functions and activities or to modify a certain procedure for redesignation of local areas under the Workforce Investment Act of 1998 (WIA) until legislation reauthorizing the Act has been enacted. (Sec. 107) Authorizes the Secretary to transfer to Program Administration funds made available to the Employment and Training Administration for technical assistance services to grantees, if those services will be more efficiently performed by federal staff. (Sec. 108) Prohibits the Secretary from reserving more than 0.5% from each appropriation made available for certain named programs to carry out evaluations of such programs. Requires the transfer to departmental management of any reserved funds for use by the Office of the Chief Evaluation Officer within the Department of Labor. Makes such funds available only if the Chief Evaluation Officer submits a plan to the appropriate appropriations committees describing such evaluations 15 days in advance of any transfer. (Sec. 109) Authorizes the Secretary to reserve at least 3% of the authorization of appropriations for FY2011-FY2013 for the Community College and Career Training Grant Program to evaluate and provide technical assistance for program activities. (Sec. 110) Transfers to the Secretary from the Comptroller General authority to: (1) pay wages due laborers and mechanics under certain federal contracts, (2) list the names of contractors violating such contracts with employees and subcontractors, and (3) withhold amounts for unpaid wages and liquidated damages for contract violations. (Sec. 111) Changes the pay rate from Level V to Level IV of the Executive Schedule for the Department's Administrator of the Wage and Hour and Public Contracts Division, renamed the Wage and Hour Division. (Sec. 112) Allows an employer in the seafood industry, upon the Secretary's approval of a petition for H-2B nonimmigrants (temporary nonagricultural workers), to bring the H-2B workers into the United States at any time during 120 days after the start date without filing another petition. Prohibits the employer, however, from bringing H-2B workers into the United States after 90 days following the start date unless the employer completes a new assessment of the local labor market as well as offer the job to an equally or better qualified U.S. worker. (Sec. 113) Authorizes the Secretary to: (1) exclude an H-2B employer from debarment proceedings commenced on or after January 1, 2013, if the employer demonstrates by a preponderance of the evidence that an agent of the employer engaged in fraud or misrepresentation to the Department relating to admission of the H-2B workers that was outside the scope of authority conferred by the employer; and (2) initiate or continue such proceedings against the agent. Title II: Department of Health and Human Services - Department of Health and Human Services Appropriations Act, 2014 - Makes appropriations for FY2014 to the Department of Health and Human Services (HHS) for: (1) the Health Resources and Services Administration, (2) the Centers for Disease Control and Prevention (CDC), (3) the National Institutes of Health (NIH), (4) the Substance Abuse and Mental Health Services Administration, (5) the Agency for Healthcare Research and Quality, (6) the Centers for Medicare and Medicaid Services (CMS), (7) the Administration for Children and Families, (8) the Administration for Community Living, and (9) the Office of the Secretary. (Sec. 202) Requires the Secretary of Health and Human Services to make Public Health Service employees available to assist in child survival activities and to work in AIDS programs through and with funds provided by the Agency for International Development (USAID), the United Nations International Children's Emergency Fund (UNICEF), or the World Health Organization (WHO). (Sec. 204) Prohibits funds appropriated in this Act from being expended to evaluate the implementation and effectiveness of programs authorized under the Public Health Service Act (PHSA), except for funds specifically provided for in the PHSA, or for other taps and assessments made by any HHS office, prior to reporting to the appropriation committees detailing the planned uses of such funds. (Sec. 205) Caps at 2.5% the amount of funds appropriated to a program under the PHSA that may be made available to evaluate the implementation and effectiveness of the program. (Sec. 207) Authorizes the Director of NIH, jointly with the Director of the Office of AIDS Research, to transfer up to 3% among institutes and centers from amounts identified as funding for HIV research, provided that the appropriations committees are notified at least 15 days in advance of any transfer. Requires such amounts to be made available to the Office of AIDS Research for disbursement to NIH agencies in accordance with the comprehensive plan for the conduct and support of all AIDS activities of NIH. (Sec. 209) Prohibits the use of funds for voluntary family planning projects unless the applicant certifies that it encourages family participation in the decision of minors to seek family planning services and that it provides counseling to minors on how to resist attempts to coerce minors into engaging in sexual activities. (Sec. 210) Prohibits any provider of voluntary planning services under the Public Health Service Act (PHSA) from being exempt from any state law requiring notifications or the reporting of child abuse, child molestation, sexual abuse, rape, or incest. (Sec. 211) Prohibits the use of funds to carry out the Medicare Advantage program if the Secretary denies participation in such program to an otherwise eligible entity because it will not provide, pay for, provide coverage of, or provide referrals for abortions. (Sec. 212) Allows the Secretary to exercise certain authority in order to carry out international health activities during FY2014. (Sec. 215) Sets a cap on the total amount of funds NIH may use for the alteration, repair, or improvement of facilities and limits the amount that can be spent per project. (Sec. 217) Allows the use of funds provided to NIH to support the Sanctuary System for Surplus Chimpanzees. (Sec. 218) Prohibits funds made available in this title from being used, in whole or in part, to advocate or promote gun control. (Sec. 219) Requires the Secretary to establish a publicly accessible website to provide information regarding the uses of funds made available to the Prevention and Public Health Fund. (Sec. 220) Requires the Secretary, within 45 days of enactment of this Act, to transfer funds appropriated for the Prevention and Public Health Fund to specific accounts for specified activities. Prohibits the Secretary from further transferring such amounts, notwithstanding requirements that the Secretary to use such funds to increase funding over the FY2008 level for programs authorized by the PHSA for prevention, wellness, and public health activities. Declares that funds transferred for the Epidemiology and Laboratory Capacity Grant Program shall be made available without regard to the specific allocation of such funds in the PHSA. (Sec. 221) Directs the Secretary to prescribe regulations for a schedule of fees for the certification of health information technology to recover costs associated with the administration of the certification programs. (Sec. 222) Authorizes the Biomedical Advanced Research and Development Authority (BARDA) to enter into a contract for one to ten years for the purchase of research services or of security countermeasures if funds are available and obligated for: (1) the full period of the contract or for the first fiscal year in which the contract is in effect, and (2) the estimated costs associated with a necessary termination of the contract. Makes the additional condition on such a multi-year contract that the Secretary determine that it will serve the best interests of the federal government by encouraging full and open competition or promoting economic in administration, performance, and operation of BARDA's programs. (Sec. 223) Requires the Secretary to publish in the FY2015 budget justification and on the departmental website information concerning the employment of full-time equivalent federal employees or contracts for the purpose of implementing, administering, enforcing, or otherwise carrying out the Patient Protection and Affordable Care Act (PPACA) in the proposed fiscal year and the four prior fiscal years. (Sec. 224) Revises the time frame in which the Secretary may terminate a Public Health Service loan repayment contract with an individual from 45 days before the end of the fiscal year in which the contract was entered to 60 days after the execution of a contract awarded in 2014. (Sec. 225) Authorizes any increment of a contract, contract option, or modification executed in FY2014 between NIH (or any of its components) and the contract operator of a Federally Funded Research and Development Center for severable services to begin in one fiscal year and end in the next fiscal year if the period of the contract also begins in one fiscal year, ends in the next fiscal year, and does not exceed one year, and it is funded incrementally in a specified manner. Allows funds available in the first fiscal year to be obligated for the total amount of such increment. (Sec. 226) Expresses the sense of the Senate that American Health Benefit Exchanges should verify annual household or individual income before making available premium tax credits under PPACA. (Sec. 227) Requires the Secretary to publish information in the FY2015 budget that details: (1) the uses of all funds used by CMS specifically for health insurance marketplaces for each fiscal year since the enactment of PPACA, and (2) the proposed uses for such funds for FY2015. Title III: Department of Education - Department of Education Appropriations Act, 2014 - Makes appropriations for FY2014 to the Department of Education for: (1) education for the disadvantaged; (2) school readiness; (3) impact aid; (4) school improvement programs; (5) Indian education; (6) innovation and improvement activities; (7) safe schools and citizenship education; (8) English language acquisition and language enhancement; (9) special education; (10) rehabilitation services and disability research; (11) special institutions for persons with disabilities, including the American Printing House for the Blind, the National Technical Institute for the Deaf, and Gallaudet University; (12) career, technical, and adult education; (13) certain student financial assistance programs, as well as federal administrative expenses for such programs (setting a maximum individual Pell grant amount); (14) specified higher education programs; (15) Howard University; (16) the college housing and academic facilities loans program; (17) the historically Black college and university capital financing program account; (18) the Institute of Education Sciences; and (19) departmental management, including program administration, the Office for Civil Rights, and the Office of the Inspector General. Sets the maximum individual Pell grant amount at $4,860 during award year 2014-2015. Sets forth authorized uses of, and limitations on, funds appropriated under this title. (Sec. 301) Prohibits the use of funds to transport teachers or students in order to: (1) overcome racial imbalance in any school, or (2) carry out a racial desegregation plan. (Sec. 302) Prohibits the use of funds to require, directly or indirectly, the transportation of any student to a school other than the school nearest the student's home, except, for a student requiring special education, to the school offering that special education, in order to comply with title VI of the Civil Rights Act of 1964. Declares that such a prohibited indirect requirement of transportation of students includes the transportation of students to carry out a plan involving the reorganization of the grade structure of schools, the pairing of schools, the clustering of schools, or any combination of grade restructuring, pairing, or clustering. Exempts the establishment of magnet schools from such prohibition. (Sec. 303) Prohibits the use of funds to prevent the implementation of programs of voluntary prayer and meditation in public schools. (Sec. 304) Allows the transfer between appropriations of not more than 1% of discretionary funds for the current fiscal year for the Department of Education in this Act. Prohibits any increase of any such appropriation by more than 3% by any such transfer. (Sec. 305) Authorizes the Outlying Areas to consolidate funds received under this Act under part A (Innovative Programs) of title V of the Elementary and Secondary Education Act of 1965. (Sec. 306) Amends the Compact of Free Association Amendments Act of 2003 to continue the eligibility of the government, institutions, and people of Palau for Pell grant and supplemental education grant funding until the end of FY2014 to the extent they were eligible for such funding in FY2003. (Sec. 307) Amends the Department of Education Organization Act to change the name of the Department of Education's Office of Vocational and Adult Education to the Office of Career, Technical, and Adult Education. (Sec. 308) Authorizes the Secretary of Education to reserve funds for studies and evaluations of programs funded under the Elementary and Secondary Education Act of 1965 without regard to the source of funds for those activities. (Sec. 309) Prohibits postsecondary educational institutions from using this Act's student assistance funds for advertising, marketing, or student recruitment activities. Excepts from that prohibition activities that are required or specifically authorized under title IV (Student Assistance) of the Higher Education Act of 1965 (HEA) or otherwise specified by the Secretary. (Sec. 310) Allows certain local educational agencies formed by the consolidation of two or more former school districts to have their eligibility for Impact Aid payments determined on the basis of one or more of those former school districts if at least one of those school districts was eligible for Impact Aid payments for the fiscal year preceding that consolidation. (The Impact Aid program compensates LEAs for the financial burden of federal activities affecting their school districts.) (Sec. 311) Prohibits this Act's HEA student assistance funds from being used to attend a postsecondary education program that prepares students for gainful employment in a recognized occupation that has certain preconditions for entry, unless the program meets all applicable state or professionally mandated requirements to fully qualify a student who successfully completes the program to take licensing examinations or obtain credentials associated with the training provided in the program. (Sec. 312) Directs the Secretary to: (1) modify the Free Application for Federal Student Aid so that it contains an individual box for identifying students who are foster youth or were in the foster care system, and (2) use that identification as a tool to notify those students of their potential eligibility for federal student aid. Title IV: Related Agencies - Appropriates funds for FY2014 for: (1) the Committee for Purchase From People Who Are Blind or Severely Disabled; (2) the Corporation for National and Community Service (CNCS) to carry out programs under the Domestic Volunteer Service Act of 1973 and the National and Community Service Act of 1990, including Volunteers in Service to America (VISTA), the National Senior Volunteer Corps, Americorps state and national grants, and the National Civilian Community Corps; (3) the National Service Trust; (4) the CNCS Office of Inspector General; (5) the Corporation for Public Broadcasting; (6) the Federal Mediation and Conciliation Service; (7) the Federal Mine Safety and Health Review Commission; (8) the Institute of Museum and Library Services; (9) the Medicaid and CHIP Payment and Access Commission; (10) the Medicare Payment Advisory Commission (MEDPAC); (11) the National Council on Disability; (12) the National Health Care Workforce Commission; (13) the National Labor Relations Board; (14) the National Mediation Board; (15) the Occupational Safety and Health Review Commission; (16) the Railroad Retirement Board for retirement account payments; (17) payments to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund; (18) payments under title XVI (Supplemental Security Income) (SSI) of the Social Security Act; and (19) the Office of Inspector General of the Social Security Administration. (Sec. 405) Authorizes state Commissions on National and Community Service established under the National and Community Service Act of 1990 to receive criminal history record information. Title V: General Provisions - Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act. (Sec. 501) Authorizes the Secretaries of Labor, of Health and Human Services, and of Education to transfer unexpended balances of prior appropriations to accounts corresponding to current appropriations provided in this Act, to be used for the same purpose, and for the same periods of time, for which they were originally appropriated. (Sec. 503) Prohibits the use of funds under this Act for lobbying before Congress or a state legislature, including activities designed to influence enactment of proposed or pending federal or state regulations, administrative actions, or Executive orders. Includes under such prohibitions any activity to advocate or promote any proposed, pending, or future federal, state, or local tax increase, or any proposed, pending, or future requirement or restriction on any legal consumer product, including but not limited to the advocacy or promotion of gun control. (Sec. 506) Prohibits the expenditure of funds appropriated in this Act, and in any trust fund to which funds are appropriated in this Act, for: (1) any abortion, or (2) health benefits coverage that includes coverage of abortion. (Sec. 507) Declares that this prohibition does not apply: (1) if the pregnancy is the result of an act of rape or incest; or (2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed. Declares that nothing in Sec. 506 shall be construed as: (1) prohibiting the expenditure by a state, locality, entity, or private person of state, local, or private funds (other than Medicaid matching funds); or (2) restricting the ability of any managed care provider from offering abortion coverage or the ability of a state or locality to contract separately with such a provider for such coverage with state funds (other than Medicaid matching funds). Bars the availability of funds to a federal agency or program, or to a state or local government, if it subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions. (Sec. 508) Prohibits the use of funds made available in this Act for: (1) the creation of a human embryo or embryos for research purposes; or (2) research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under certain federal regulations and the Public Health Service Act. (Sec. 509) Bars the use of funds for activities promoting the legalization of any drug or other substance included in schedule I of the schedules of controlled substances under the Controlled Substances Act, except for normal and recognized executive-congressional communications. Makes such limitation inapplicable when there is significant medical evidence of a therapeutic advantage to the use of such drug or other substance or that federally sponsored clinical trials are being conducted to determine therapeutic advantage. (Sec. 510) Bars the use of funds to promulgate or adopt any final standard under the Social Security Act providing for, or providing for the assignment of, a unique health identifier for an individual (except in an individual's capacity as an employer or a health care provider), until legislation is enacted specifically approving the standard. (Sec. 511) Bars the obligation or expenditure of funds to enter into or renew a contract with an entity if: (1) it is otherwise a contractor with the United States and is subject to the requirement regarding submission of an annual report to the Secretary of Labor concerning employment of certain veterans, and (2) it has not submitted the required report for the most recent applicable year. (Sec. 512) Prohibits the transfer of funds made available in this Act to any federal department, agency, or instrumentality, except pursuant to an appropriation Act. (Sec. 513) Prohibits the availability of funds under the Library Services and Technology Act, as amended by the Children's Internet Protection Act, to certain libraries unless they have made specified required certifications. (Sec. 515) Prohibits the use of funds to: (1) request that a candidate for appointment to a federal scientific advisory committee disclose his or her political affiliation or voting history or the position he or she holds with respect to political issues not directly related to and necessary for the work of the committee involved, or (2) disseminate information that is deliberately false or misleading. (Sec. 516) Requires each department and related agency funded through this Act, within 45 days of enactment of this Act, to submit an operating plan that details at the program, project, and activity level any funding allocations for FY2014 that are different than those specified in this Act, the accompanying detailed table in the committee report, or the FY2014 budget request. (Sec. 517) Requires the Secretaries of Labor, of HHS, and of Education each to report to the congressional appropriations committees on the number, amount, and other specified details of contracts, non-formula grants, and cooperative agreements exceeding $500,000 in value and awarded by the respective Department on a noncompetitive basis during each quarter of FY2014. (Sec. 518) Prohibits the use of funds in this Act to enter into a contract in an amount greater than $5 million or to award a grant in excess of such amount unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that, to the best of its knowledge and belief, it has: (1) filed all federal tax returns required during the three years preceding the certification; (2) not been convicted of a criminal offense under the Internal Revenue Code; and (3) not, within 90 days before certification, been notified of any unpaid federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the IRS and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding. (Sec. 519) Rescinds permanently specified funds made available for performance bonus payments under title XXI (State Children's Health Insurance Program) (CHIP) of the Social Security Act. (Sec. 520) Bars use of funds to distribute any needle or syringe to prevent the spread of blood borne pathogens in any location that has been determined by the local public health or local law enforcement authorities to be inappropriate for such distribution. (Sec. 521) Transfers permanently from the HHS Secretary to the Secretary of Education the Health Education Assistance Loan (HEAL) program under the Public Health Service Act, and the authority to administer the program, including servicing, collecting, and enforcing any HEAL loans that remain outstanding. (Sec. 522) Authorizes federal agencies to use federal discretionary funds made available in this Act to carry out up to 13 Performance Partnership Pilots. Defines a "Performance Partnership Pilot" as a project that seeks to identify, through a demonstration, cost-effective strategies for providing services at the state, regional, or local level that: (1) involve two or more federal programs (administered by one or more federal agencies) with related policy goals, at least one of which is administered (in whole or in part) by a state, local, or tribal government; and (2) achieve better results for regions, communities, or specific at-risk populations through making better use of the budgetary resources that are available for supporting such programs. Requires that such Pilots: (1) be designed to increase the rate at which disconnected youth ages 14-24 (who are low-income and either homeless, in foster care, involved in the juvenile justice system, unemployed, or not enrolled in or at risk of dropping out of an educational institution) achieve success in meeting educational, employment, or other key goals; and (2) involve federal programs targeted on such youth, or designed to prevent youth from disconnecting from school or work, that provide education, training, employment, and other related social services. Prescribes requirements for Performance Partnership Agreements between a lead federal administering agency (designated by the Director of the Office of Management and Budget [OMB]) and a state, local, or tribal government. (Sec. 523) 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. 524) Requires each federal agency or bureau (or operating division) in an agency with multiple bureaus, which is funded under this Act and has research and development expenditures exceeding $100 million per year, to develop a federal research public access policy. Requires such a policy to provide for: (1) submission to the agency, agency bureau, or designated entity acting on the agency's behalf, a machine-readable version of the author's final peer-reviewed manuscripts that have been accepted for publication in peer-reviewed journals describing research supported, in whole or in part, from funding by the federal government; (2) free online public access to such final peer-reviewed manuscripts or published versions within 12 months after the official publication date; and (3) compliance with all relevant copyright laws.

Making appropriations for the Departments of Labor, Health and Human Services, and Education, 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 Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2014, and for other purposes, namely: I Department of Labor Employment and training administration Training and employment services (Including transfer of funds) For necessary expenses of the Workforce Investment Act of 1998 (referred to in this Act as WIA WANTO Act (1) for grants to States for adult employment and training activities, youth activities, and dislocated worker employment and training activities, $2,683,766,000 as follows: (A) $791,644,000 for adult employment and training activities, of which $79,644,000 shall be available for the period July 1, 2014, through June 30, 2015, and of which $712,000,000 shall be available for the period October 1, 2014 through June 30, 2015; (B) $846,632,000 for youth activities, which shall be available for the period April 1, 2014 through June 30, 2015; and (C) $1,045,490,000 for dislocated worker employment and training activities, of which $185,490,000 shall be available for the period July 1, 2014 through June 30, 2015, and of which $860,000,000 shall be available for the period October 1, 2014 through June 30, 2015: Provided, Provided further Provided further, (2) for federally administered programs, $487,779,000 as follows: (A) $220,859,000 for the dislocated workers assistance national reserve, of which $20,859,000 shall be available for the period July 1, 2014 through June 30, 2015, and of which $200,000,000 shall be available for the period October 1, 2014 through June 30, 2015: Provided Provided further Provided further (B) $47,467,000 for Native American programs, which shall be available for the period July 1, 2014 through June 30, 2015; (C) $84,123,000 for migrant and seasonal farmworker programs under section 167 of the WIA, including $77,949,000 for formula grants (of which not less than 70 percent shall be for employment and training services), $5,667,000 for migrant and seasonal housing (of which not less than 70 percent shall be for permanent housing), and $507,000 for other discretionary purposes, which shall be available for the period July 1, 2014 through June 30, 2015: Provided (D) $994,000 for carrying out the WANTO Act, which shall be available for the period July 1, 2014 through June 30, 2015; (E) $84,530,000 for YouthBuild activities as described in section 173A of the WIA, which shall be available for the period April 1, 2014 through June 30, 2015; and (F) $49,806,000 to be available to the Secretary of Labor (referred to in this title as Secretary Provided Provided further, Provided further Provided further Provided further Provided further (3) for national activities, $92,668,000, as follows: (A) $6,590,000, in addition to any amounts available under paragraph (2) for Pilots, Demonstrations, and Research, which shall be available for the period April 1, 2014 through June 30, 2015; (B) $80,078,000 for ex-offender activities, under the authority of section 171 of the WIA and section 212 of the Second Chance Act of 2007, which shall be available for the period April 1, 2014 through June 30, 2015, notwithstanding the requirements of section 171(b)(2)(B) or 171(c)(4)(D) of the WIA: Provided (C) $6,000,000 for the Workforce Data Quality Initiative, under the authority of section 171(c)(2) of the WIA, which shall be available for the period July 1, 2014 through June 30, 2015, and which shall not be subject to the requirements of section 171(c)(4)(D). Office of Job Corps To carry out subtitle C of title I of the WIA, including Federal administrative expenses, the purchase and hire of passenger motor vehicles, the construction, alteration, and repairs of buildings and other facilities, and the purchase of real property for training centers as authorized by the WIA, $1,706,923,000, plus reimbursements, as follows: (1) $1,586,776,000 for Job Corps Operations, which shall be available for the period July 1, 2014 through June 30, 2015; (2) $90,000,000 for construction, rehabilitation and acquisition of Job Corps Centers, which shall be available for the period July 1, 2014 through June 30, 2017: Provided Provided further Provided further (3) $30,147,000 for necessary expenses of the Office of Job Corps, which shall be available for obligation for the period October 1, 2013 through September 30, 2014: Provided further Community service employment for older americans To carry out title V of the Older Americans Act of 1965 (referred to in this Act as OAA Federal unemployment benefits and allowances For payments during fiscal year 2014 of trade adjustment benefit payments and allowances under part I of subchapter B of chapter 2 of title II of the Trade Act of 1974 State unemployment insurance and employment service operations For authorized administrative expenses, $85,896,000, together with not to exceed $3,742,198,000 which may be expended from the Employment Security Administration Account in the Unemployment Trust Fund ( the Trust Fund (1) $2,911,575,000 from the Trust Fund is for grants to States for the administration of State unemployment insurance laws as authorized under title III of the Social Security Act (including not less than $60,000,000 to conduct in-person reemployment and eligibility assessments and unemployment insurance improper payment reviews, and $10,000,000 for activities to address the misclassification of workers), the administration of unemployment insurance for Federal employees and for ex-service members as authorized under 5 U.S.C. 8501–8523, and the administration of trade readjustment allowances, reemployment trade adjustment assistance, and alternative trade adjustment assistance under the Trade Act of 1974 and under section 231(a) of the Trade Adjustment Assistance Extension Act of 2011, and shall be available for obligation by the States through December 31, 2014, except that funds used for automation acquisitions or competitive grants awarded to States for improved operations, reemployment and eligibility assessments and improper payments, or activities to address misclassification of workers shall be available for Federal obligation through December 31, 2014 and for obligation by the States through September 30, 2016, and funds used for unemployment insurance workloads experienced by the States through September 30, 2014 shall be available for Federal obligation through December 31, 2014; (2) $11,243,000 from the Trust Fund is for national activities necessary to support the administration of the Federal-State unemployment insurance system; (3) $708,247,000 from the Trust Fund, together with $22,550,000 from the General Fund of the Treasury, is for grants to States in accordance with section 6 of the Wagner-Peyser Act, of which not less than $30,000,000 shall be used to provide reemployment services to beneficiaries of unemployment insurance, and shall be available for Federal obligation for the period July 1, 2014 through June 30, 2015; (4) $20,871,000 from the Trust Fund is for national activities of the Employment Service, including administration of the work opportunity tax credit under section 51 of the Internal Revenue Code of 1986, and the provision of technical assistance and staff training under the Wagner-Peyser Act, including not to exceed $1,166,000 that may be used for amortization payments to States which had independent retirement plans in their State employment service agencies prior to 1980; (5) $65,262,000 from the Trust Fund is for the administration of foreign labor certifications and related activities under the Immigration and Nationality Act and related laws, of which $50,222,000 shall be available for the Federal administration of such activities, and $15,040,000 shall be available for grants to States for the administration of such activities; (6) $63,346,000 from the General Fund is to provide workforce information, national electronic tools, and one-stop system building under the Wagner-Peyser Act and section 171 (e)(2)(C) of the WIA and shall be available for Federal obligation for the period July 1, 2014 through June 30, 2015; and (7) $25,000,000 from the Trust Fund is for competitive grants to States for the administration and evaluation of demonstration projects under section 305 of the Social Security Act (as added by section 2102 of the Middle Class Tax Relief Act and Job Creation Act of 2012), except that section 305(d)(3) shall be applied by substituting 2017 2015 Provided AWIU Social Security Act Provided further Social Security Act Provided further Social Security Act Provided further Provided further Provided further Social Security Act Provided further, Social Security Act Provided further In addition, $20,000,000 from the Employment Security Administration Account of the Unemployment Trust Fund shall be available to conduct in-person reemployment and eligibility assessments and unemployment insurance improper payment reviews. State Paid Leave Fund For grants and contracts to assist in the start-up of new paid leave programs in the States, $5,000,000. Advances to the unemployment trust fund and other funds For repayable advances to the Unemployment Trust Fund as authorized by sections 905(d) and 1203 of the Social Security Act Federal Unemployment Benefits and Allowances Program administration For expenses of administering employment and training programs, $100,994,000, together with not to exceed $50,608,000 which may be expended from the Employment Security Administration Account in the Unemployment Trust Fund. Employee benefits security administration Salaries and expenses For necessary expenses for the Employee Benefits Security Administration, $176,472,000. Pension Benefit Guaranty Corporation Pension benefit guaranty corporation fund The Pension Benefit Guaranty Corporation ( Corporation Provided Provided further Provided further Provided further Wage and Hour Division Salaries and expenses For necessary expenses for the Wage and Hour Division, including reimbursement to State, Federal, and local agencies and their employees for inspection services rendered, $243,254,000. Office of Labor-Management Standards Salaries and expenses For necessary expenses for the Office of Labor-Management Standards, $41,206,000. Office of Federal Contract Compliance Programs Salaries and expenses For necessary expenses for the Office of Federal Contract Compliance Programs, $106,000,000. Office of Workers' Compensation Programs Salaries and expenses For necessary expenses for the Office of Workers' Compensation Programs, $115,488,000, together with $2,116,000 which may be expended from the Special Fund in accordance with sections 39(c), 44(d), and 44(j) of the Longshore and Harbor Workers' Compensation Act. Special benefits (including transfer of funds) For the payment of compensation, benefits, and expenses (except administrative expenses) accruing during the current or any prior fiscal year authorized by 5 U.S.C. 81; continuation of benefits as provided for under the heading Civilian War Benefits Provided Provided further Provided further Provided further (1) For enhancement and maintenance of automated data processing systems operations and telecommunications systems, $19,499,000; (2) For automated workload processing operations, including document imaging, centralized mail intake, and medical bill processing, $22,968,000; (3) For periodic roll disability management and medical review, $16,190,000; (4) For program integrity, $1,360,000; and (5) The remaining funds shall be paid into the Treasury as miscellaneous receipts: Provided further Special benefits for disabled coal miners For carrying out title IV of the Federal Mine Safety and Health Act of 1977, as amended by Public Law 107–275, $98,235,000, to remain available until expended. For making after July 31 of the current fiscal year, benefit payments to individuals under title IV of such Act, for costs incurred in the current fiscal year, such amounts as may be necessary. For making benefit payments under title IV for the first quarter of fiscal year 2015, $24,000,000, to remain available until expended. Administrative expenses, energy employees occupational illness compensation fund For necessary expenses to administer the Energy Employees Occupational Illness Compensation Program Act, $55,176,000, to remain available until expended: Provided Black lung disability trust fund (including transfer of funds) Such sums as may be necessary from the Black Lung Disability Trust Fund (the Fund Salaries and Expenses Salaries and Expenses Office of Inspector General Occupational safety and health administration Salaries and expenses For necessary expenses for the Occupational Safety and Health Administration, $567,012,000, including not to exceed $103,987,000 which shall be the maximum amount available for grants to States under section 23(g) of the Occupational Safety and Health Act (the Act Provided Provided further Provided further DART (1) to provide, as authorized by the Act, consultation, technical assistance, educational and training services, and to conduct surveys and studies; (2) to conduct an inspection or investigation in response to an employee complaint, to issue a citation for violations found during such inspection, and to assess a penalty for violations which are not corrected within a reasonable abatement period and for any willful violations found; (3) to take any action authorized by the Act with respect to imminent dangers; (4) to take any action authorized by the Act with respect to health hazards; (5) to take any action authorized by the Act with respect to a report of an employment accident which is fatal to one or more employees or which results in hospitalization of two or more employees, and to take any action pursuant to such investigation authorized by the Act; and (6) to take any action authorized by the Act with respect to complaints of discrimination against employees for exercising rights under the Act: Provided further Provided further Mine safety and health administration Salaries and expenses (including transfer of funds) For necessary expenses for the Mine Safety and Health Administration, $380,721,000, including purchase and bestowal of certificates and trophies in connection with mine rescue and first-aid work, and the hire of passenger motor vehicles, including up to $2,000,000 for mine rescue and recovery activities; in addition, not to exceed $750,000 may be collected by the National Mine Health and Safety Academy for room, board, tuition, and the sale of training materials, otherwise authorized by law to be collected, to be available for mine safety and health education and training activities, notwithstanding 31 U.S.C. 3302; in addition, the Mine Safety and Health Administration is authorized to collect and retain up to $2,499,000 from fees collected for the approval and certification of equipment, materials, and explosives for use in mines, and may utilize such sums for such activities, notwithstanding 31 U.S.C. 3302; in addition, the Mine Safety and Health Administration is authorized to collect and retain fees for services related to the analysis of rock dust samples, and may utilize such sums to administer such activities, notwithstanding 31 U.S.C. 3302; the Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, or private; the Mine Safety and Health Administration is authorized to promote health and safety education and training in the mining community through cooperative programs with States, industry, and safety associations; the Secretary is authorized to recognize the Joseph A. Holmes Safety Association as a principal safety association and, notwithstanding any other provision of law, may provide funds and, with or without reimbursement, personnel, including service of Mine Safety and Health Administration officials as officers in local chapters or in the national organization; any funds available to the Department of Labor may be used, with the approval of the Secretary, to provide for the costs of mine rescue and survival operations in the event of a major disaster; and the Secretary may reallocate among the items funded under this heading up to $3,000,000 to support inspections or investigations pursuant to section 103 of the Federal Mine Safety and Health Act of 1977: Provided Departmental Management Bureau of labor statistics Salaries and expenses For necessary expenses for the Bureau of Labor Statistics, including advances or reimbursements to State, Federal, and local agencies and their employees for services rendered, $542,811,000, together with not to exceed $67,041,000 which may be expended from the Employment Security Administration account in the Unemployment Trust Fund. Office of disability employment policy Salaries and expenses For necessary expenses for the Office of Disability Employment Policy to provide leadership, develop policy and initiatives, and award grants furthering the objective of eliminating barriers to the training and employment of people with disabilities, $42,432,000. Departmental management Salaries and expenses (Including transfer of funds) For necessary expenses for Departmental Management, including the hire of three passenger motor vehicles, $346,359,000, together with not to exceed $326,000, which may be expended from the Employment Security Administration account in the Unemployment Trust Fund: Provided Provided further Provided further Provided further Provided further, Provided further, Veterans employment and training Not to exceed $262,333,000 may be derived from the Employment Security Administration account in the Unemployment Trust Fund to carry out the provisions of chapters 41, 42, and 43 of title 38, United States Code, of which: (1) $203,081,000 is for Jobs for Veterans State grants under 38 U.S.C. 4102A(b)(5) to support disabled veterans' outreach program specialists under section 4103A of such title and local veterans' employment representatives under section 4104(b) of such title, and for the expenses described in section 4102A(b)(5)(C), which shall be available for obligation by the States through December 31, 2014: Provided (2) $14,000,000 if for carrying out the Transition Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144; (3) $41,838,000 is for Federal administration of chapters 41, 42, and 43 of title 38, United States Code; and (4) $3,414,000 is for the National Veterans' Employment and Training Services Institute under 38 U.S.C. 4109: Provided further In addition, from the General Fund of the Treasury, $38,185,000 is for carrying out the Homeless Veterans Reintegration Programs under 38 U.S.C. 2021. IT modernization For necessary expenses for Department of Labor centralized infrastructure technology investment activities related to support systems and modernization, $19,775,000. Office of inspector general For salaries and expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $77,634,000, together with not to exceed $5,886,000 which may be expended from the Employment Security Administration account in the Unemployment Trust Fund. General provisions 101. None of the funds appropriated by this Act for the Job Corps shall be used to pay the salary and bonuses of an individual, either as direct costs or any proration as an indirect cost, at a rate in excess of Executive Level II. (transfer of funds) 102. Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the current fiscal year for the Department of Labor in this Act may be transferred between a program, project, or activity, but no such program, project, or activity shall be increased by more than 3 percent by any such transfer: Provided Provided further 103. In accordance with Executive Order 13126, none of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended for the procurement of goods mined, produced, manufactured, or harvested or services rendered, in whole or in part, by forced or indentured child labor in industries and host countries already identified by the United States Department of Labor prior to enactment of this Act. 104. None of the funds made available to the Department of Labor for grants under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 may be used for any purpose other than competitive grants for training in the occupations and industries for which employers are using H–1B visas to hire foreign workers, and the related activities necessary to support such training. 105. None of the funds made available by this Act under the heading Employment and Training Administration 106. The Secretary shall take no action to amend, through regulatory or administration action, the definition established in section 667.220 of title 20 of the Code of Federal Regulations for functions and activities under title I of WIA, or to modify, through regulatory or administrative action, the procedure for redesignation of local areas as specified in subtitle B of title I of that Act (including applying the standards specified in section 116(a)(3)(B) of that Act, but notwithstanding the time limits specified in section 116(a)(3)(B) of that Act), until such time as legislation reauthorizing the Act is enacted. Nothing in the preceding sentence shall permit or require the Secretary to withdraw approval for such redesignation from a State that received the approval not later than October 12, 2005, or to revise action taken or modify the redesignation procedure being used by the Secretary in order to complete such redesignation for a State that initiated the process of such redesignation by submitting any request for such redesignation not later than October 26, 2005. (Including Transfer of Funds) 107. Notwithstanding section 102, the Secretary may transfer funds made available to the Employment and Training Administration by this Act, either directly or through a set-aside, for technical assistance services to grantees to Program Administration Provided (including transfer of funds) 108. (a) The Secretary may reserve not more than 0.5 percent from each appropriation made available in this Act identified in subsection (b) in order to carry out evaluations of any of the programs or activities that are funded under such accounts. Any funds reserved under this section shall be transferred to Departmental Management Provided (b) The accounts referred to in subsection (a) are: Training and Employment Services Office of Job Corps Community Service Employment for Older Americans State Unemployment Insurance and Employment Service Operations Employee Benefits Security Administration Office of Workers' Compensation Programs Wage and Hour Division Office of Federal Contract Compliance Programs Office of Labor Management Standards Occupational Safety and Health Administration Mine Safety and Health Administration Bureau of International Affairs Women's Bureau Departmental Management, Salaries and Expenses Veterans Employment and Training 109. (a) Of the funds appropriated under section 272(b) of the Trade Act of 1974 for fiscal year 2014, the Secretary may reserve no more than 3 percent of such funds to conduct evaluations and provide technical assistance relating to the activities carried out under section 271 of such Act, including activities carried out under such section supported by the appropriations provided for fiscal years 2011 through 2013. (b) Institutions of higher education awarded grants under section 271 of the Trade Act of 1974 may award subgrants to other institutions of higher education that meet the definition of eligible institution TRANSFER OF COMPTROLLER GENERAL AUTHORITIES 110. (a) Authority of comptroller general To pay wages and list contractors violating contracts 40 U.S.C. 3144, is amended— (1) in the title, by striking of Comptroller General (2) in subsection (a)(1), by striking The Comptroller General The Secretary of Labor (b) Report of violations and withholding of amounts for unpaid wages and liquidated damages 40 U.S.C. 3703, is amended in subsection (b)(3), by— (1) striking The Comptroller General The Secretary of Labor (2) striking the Comptroller General the Secretary of Labor 111. (a) Section 5315 of title 5, United States Code, is amended after the item relating to the Assistant Secretaries of Labor by inserting Administrator, Wage and Hour Division, Department of Labor. (b) Section 5316, title 5, United States Code, is amended by striking Administrator, Wage and Hour and Public Contracts Division, Department of Labor. 112. (a) Flexibility with respect to the crossing of H–2B nonimmigrants working in the seafood industry (1) In general Subject to paragraph (2), if a petition for H–2B nonimmigrants filed by an employer in the seafood industry is granted, the employer may bring the nonimmigrants described in the petition into the United States at any time during the 120-day period beginning on the start date for which the employer is seeking the services of the nonimmigrants without filing another petition. (2) Requirements for crossings after 90th day An employer in the seafood industry may not bring H–2B nonimmigrants into the United States after the date that is 90 days after the start date for which the employer is seeking the services of the nonimmigrants unless the employer— (A) completes a new assessment of the local labor market by— (i) listing job orders in local newspapers on 2 separate Sundays; and (ii) posting the job opportunity on the appropriate Department of Labor Electronic Job Registry and at the employer’s place of employment; and (B) offers the job to an equally or better qualified United States worker who— (i) applies for the job; and (ii) will be available at the time and place of need. (3) Exemption from rules with respect to staggering The Secretary of Labor shall not consider an employer in the seafood industry who brings H–2B nonimmigrants into the United States during the 120-day period specified in paragraph (1) to be staggering the date of need in violation of section 655.20(d) of title 20, Code of Federal Regulations, or any other applicable provision of law. (b) H–2B nonimmigrants defined In this section, the term H–2B nonimmigrants (c) Consultation and delegation authority (1) In general Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended— (A) in paragraph (1), by adding at the end the following: In this subsection, the term consultation (B) in paragraph (14)(B) (8 U.S.C. 1184(c)(14)(B)) is amended by striking subparagraph (A)(i) subparagraph (A) (2) Effective date The amendment made by paragraph (1)(A) shall apply to the promulgation of regulations, the issuance of labor market determinations, and other actions carried out by the Secretary of Labor and the Secretary of Homeland Security before, on, or after the date of the enactment of this Act. (d) Rule of construction Nothing in the amendments made by this section may be construed to limit or modify any other authority provided or exercised under section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) or any other law governing the authority of the Secretary of Homeland Security, the Secretary of Labor, or any other officer or employee of the Federal Government. Directive for the Secretary of Labor 113. In an investigation by the Department of substantial violations related to the admission of nonimmigrants described in section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act, if the employer of such nonimmigrants demonstrates, by a preponderance of the evidence, that an agent of the employer engaged in fraud or misrepresentation to the Department that was outside the scope of the authority conferred by the employer, the Secretary is authorized— (1) to exclude the employer of such nonimmigrants from debarment proceedings under section 655.118 of title 20, Code of Federal Regulations, which were commenced on or after January 1, 2013; and (2) to initiate or continue debarment proceedings against the agent who engaged in such fraud or misrepresentation. This title may be cited as the Department of Labor Appropriations Act, 2014 II Department of health and human services Health resources and services administration Primary health care For carrying out titles II and III of the Public Health Service Act (referred to in this Act as the PHS Act Provided Provided further HHS Provided further Secretary Health workforce For carrying out titles III, VII, and VIII of the PHS Act with respect to the health workforce, section 1128E of the Social Security Act, and the Health Care Quality Improvement Act of 1986, $773,190,000: Provided Provided further Provided further Provided further Health Care Fraud and Abuse Data Collection Program Provided further Provided further Maternal and child health For carrying out titles III, XI, XII, and XIX of the PHS Act with respect to maternal and child health, title V of the Social Security Act, and section 712 of the American Jobs Creation Act of 2004, $858,600,000: Provided Ryan white HIV/AIDS program For carrying out title XXVI of the PHS Act with respect to the Ryan White HIV/AIDS program, $2,368,951,000, of which $2,039,242,000 shall remain available to the Secretary through September 30, 2016, for parts A and B of title XXVI of the PHS Act, and of which not less than $943,299,000 shall be for State AIDS Drug Assistance Programs under the authority of section 2616 or 311(c) of such Act: Provided Health care systems For carrying out titles III and XII of the PHS Act with respect to health care systems, and the Stem Cell Therapeutic and Research Act of 2005, $103,515,000, of which $128,000 shall be available until expended for facilities renovations at the Gillis W. Long Hansen's Disease Center: Provided Provided further Rural health For carrying out titles III and IV of the PHS Act with respect to rural health, section 427(a) of the Federal Coal Mine Health and Safety Act, the Cardiac Arrest Survival Act of 2000, and sections 711 and 1820 of the Social Security Act, $141,798,000, of which $40,958,000 from general revenues, notwithstanding section 1820(j) of the Social Security Act, shall be available for carrying out the Medicare rural hospital flexibility grants program: Provided Provided further Family Planning For carrying out the program under title X of the PHS Act to provide for voluntary family planning projects, $327,402,000: Provided Program management For program support in the Health Resources and Services Administration, $161,794,000: Provided Health education assistance loans program account Such sums as may be necessary to carry out the purpose of the program, as authorized by title VII of the PHS Act. For administrative expenses to carry out the guaranteed loan program, including section 709 of the PHS Act, $2,807,000. Vaccine injury compensation program trust fund For payments from the Vaccine Injury Compensation Program Trust Fund (the Trust Fund PHS Act Provided Centers for disease control and prevention Immunization and respiratory diseases For carrying out titles II, III, XVII, and XXI, and section 2821 of the PHS Act, titles II and IV of the Immigration and Nationality Act, and section 501 of the Refugee Education Assistance Act, with respect to immunization and respiratory diseases, $575,095,000: Provided, HIV/AIDS, viral hepatitis, sexually transmitted diseases, and tuberculosis prevention For carrying out titles II, III, XVII, XXIII, and XXVI of the PHS Act with respect to HIV/AIDS, viral hepatitis, sexually transmitted diseases, and tuberculosis prevention, $1,097,823,000. Emerging and zoonotic infectious diseases For carrying out titles II, III, and XVII, and section 2821 of the PHS Act, titles II and IV of the Immigration and Nationality Act, and section 501 of the Refugee Education Assistance Act, with respect to emerging and zoonotic infectious diseases, $283,237,000, of which $1,000,000 shall remain available until expended for costs related to persons quarantined or isolated pursuant to Federal quarantine orders. Chronic disease prevention and health promotion Provided Provided further Birth defects, developmental disabilities, disabilities and health For carrying out titles II, III, XI, and XVII of the PHS Act with respect to birth defects, developmental disabilities, disabilities and health, $123,483,000. Public Health Scientific Services For carrying out titles II, III, and XVII of the PHS Act with respect to health statistics, surveillance, informatics, and workforce development, $143,726,000: Provided Environmental health For carrying out titles II, III, and XVII of the PHS Act with respect to environmental health, $113,827,000. Injury prevention and control For carrying out titles II, III, and XVII of the PHS Act with respect to injury prevention and control, $162,456,000: Provided Occupational safety and health Provided Energy employees occupational illness compensation program For necessary expenses to administer the Energy Employees Occupational Illness Compensation Program Act, $55,358,000, to remain available until expended: Provided Global health For carrying out titles II, III, and XVII of the PHS Act with respect to global health, $391,964,000, of which $116,883,000 for international HIV/AIDS shall remain available through September 30, 2015, and of which $10,000,000 shall remain available through September 30, 2015, to support national public health institutes: Provided, Public health preparedness and response For carrying out titles II, III, and XVII of the PHS Act with respect to public health preparedness and response, and for expenses necessary to support activities related to countering potential biological, nuclear, radiological, and chemical threats to civilian populations, $1,292,498,000, of which $495,602,000 shall remain available until expended for the Strategic National Stockpile: Provided Provided further CDC-wide activities and program support (including transfer of funds) For carrying out titles II, III, XVII and XIX, and section 2821 of the PHS Act and for cross-cutting activities and program support that supplement activities funded under the headings “Immunization and Respiratory Diseases”, “HIV/AIDS, Viral Hepatitis, Sexually Transmitted Diseases, and Tuberculosis Prevention”, “Emerging and Zoonotic Infectious Diseases”, “Chronic Disease Prevention and Health Promotion”, “Birth Defects, Developmental Disabilities, Disabilities and Health”, “Environmental Health”, “Injury Prevention and Control”, “Occupational Safety and Health”, “Energy Employees Occupational Illness Compensation Program”, “Global Health”, “Public Health Preparedness and Response”, and “Public Health Scientific Services”, $616,563,000, of which $394,004,000 shall be available until September 30, 2015, for business services and transfer to the Working Capital Fund, and of which $24,805,000 shall be available until September 30, 2018, for acquisition of real property, equipment, construction and renovation of facilities: Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further WCF Provided further Provided further Provided further Provided further National institutes of health National cancer institute For carrying out section 301 and title IV of the PHS Act National heart, lung, and blood institute For carrying out section 301 and title IV of the PHS Act National institute of dental and craniofacial research For carrying out section 301 and title IV of the PHS Act National institute of diabetes and digestive and kidney diseases For carrying out section 301 and title IV of the PHS Act National institute of neurological disorders and stroke For carrying out section 301 and title IV of the PHS Act National institute of allergy and infectious diseases For carrying out section 301 and title IV of the PHS Act with respect to allergy and infectious diseases, $4,548,383,000. National institute of general medical sciences For carrying out section 301 and title IV of the PHS Act Provided Eunice kennedy shriver national institute of child health and human development For carrying out section 301 and title IV of the PHS Act National eye institute For carrying out section 301 and title IV of the PHS Act National institute of environmental health sciences For carrying out section 301 and title IV of the PHS Act National institute on aging For carrying out section 301 and title IV of the PHS Act National institute of arthritis and musculoskeletal and skin diseases For carrying out section 301 and title IV of the PHS Act National institute on deafness and other communication disorders For carrying out section 301 and title IV of the PHS Act National institute of nursing research For carrying out section 301 and title IV of the PHS Act National institute on alcohol abuse and alcoholism For carrying out section 301 and title IV of the PHS Act National institute on drug abuse For carrying out section 301 and title IV of the PHS Act National institute of mental health For carrying out section 301 and title IV of the PHS Act National human genome research institute For carrying out section 301 and title IV of the PHS Act National institute of biomedical imaging and bioengineering For carrying out section 301 and title IV of the PHS Act National center for complementary and alternative medicine For carrying out section 301 and title IV of the PHS Act National institute on minority health and health disparities For carrying out section 301 and title IV of the PHS Act John e. fogarty international center For carrying out the activities of the John E. Fogarty International Center (described in subpart 2 of part E of title IV of the PHS Act NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES For carrying out section 301 and title IV of the PHS Act with respect to translational sciences, $661,264,000: Provided National library of medicine For carrying out section 301 and title IV of the PHS Act Provided NIH Provided further Office of the director For carrying out the responsibilities of the Office of the Director, NIH, $1,463,606,000, of which up to $25,000,000 shall be used to carry out section 213 of this Act: Provided Provided further Provided further Provided further NCS Provided further Provided further Provided further Buildings and facilities For the study of, construction or demolition of, renovation of, and acquisition of equipment for, facilities of or used by NIH, including the acquisition of real property, $125,308,000, to remain available until September 30, 2018. Substance abuse and mental health services administration MENTAL HEALTH For carrying out titles III, V, and XIX of the PHS Act with respect to mental health, and the Protection and Advocacy for Individuals with Mental Illness Act, $1,038,243,000: Provided Provided further, Provided further, Provided further, Provided further SUBSTANCE ABUSE TREATMENT For carrying out titles III, V, and XIX of the PHS Act with respect to substance abuse treatment and section 1922(a) of the PHS Act with respect to substance abuse prevention, $2,047,107,000: Provided SUBSTANCE ABUSE PREVENTION For carrying out titles III and V of the PHS Act with respect to substance abuse prevention, $175,631,000. HEALTH SURVEILLANCE AND PROGRAM SUPPORT For program support and cross-cutting activities that supplement activities funded under the headings Mental Health Substance Abuse Treatment Substance Abuse Prevention Provided Provided further Provided further, Mental Health Substance Abuse Treatment Substance Abuse Prevention Agency for healthcare research and quality Healthcare research and quality For carrying out titles III and IX of the PHS Act Social Security Act Provided Centers for medicare and medicaid services Grants to states for medicaid For carrying out, except as otherwise provided, titles XI and XIX of the Social Security Act For making, after May 31, 2014, payments to States under title XIX or in the case of section 1928 on behalf of States under title XIX of the Social Security Act For making payments to States or in the case of section 1928 on behalf of States under title XIX of the Social Security Act Payment under such title XIX may be made for any quarter with respect to a State plan or plan amendment in effect during such quarter, if submitted in or prior to such quarter and approved in that or any subsequent quarter. Payments to health care trust funds For payment to the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, as provided under sections 217(g), 1844, and 1860D–16 of the Social Security Act, sections 103(c) and 111(d) of the Social Security Amendments of 1965, section 278(d)(3) of Public Law 97–248, and for administrative expenses incurred pursuant to section 201(g) of the Social Security Act, $255,697,000,000. In addition, for making matching payments under section 1844 and benefit payments under section 1860D–16 of the Social Security Act that were not anticipated in budget estimates, such sums as may be necessary. Program management For carrying out, except as otherwise provided, titles XI, XVIII, XIX, and XXI of the Social Security Act PHS Act Social Security Act Social Security Act Provided, Provided further, Social Security Act Health care fraud and abuse control account In addition to amounts otherwise available for program integrity and program management, $640,000,000, to remain available through September 30, 2015, to be transferred from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, as authorized by section 201(g) of the Social Security Act, of which $429,846,000 shall be for the Centers for Medicare and Medicaid Services Program Integrity Activities, including administrative costs, to conduct oversight activities for the Medicare program, including but not limited to Medicare Advantage and the Medicare Prescription Drug Program authorized in title XVIII of the Social Security Act, and for activities described in section 1893 of such Act and for Medicaid and Children's Health Insurance Program integrity activities, of which $107,541,000 shall be for the Department of Health and Human Services Office of Inspector General to carry out fraud and abuse activities authorized by section 1817(k)(3) of such Act, and of which $102,613,000 shall be for the Department of Justice to carry out fraud and abuse activities authorized by section 1817(k)(3) of such Act: Provided Provided further Administration for children and families Payments to states for child support enforcement and family support programs For carrying out, except as otherwise provided under titles I, IV–D, X, XI, XIV, and XVI of the Social Security Act For making, after May 31 of the current fiscal year, payments to States or other non-Federal entities under titles I, IV–D, X, XI, XIV, and XVI of the Social Security Act Low income home energy assistance For making payments under subsections (b) and (d) of section 2602 of the Low Income Home Energy Assistance Act of 1981, $3,614,729,000: Provided Provided further Refugee and entrant assistance For necessary expenses for refugee and entrant assistance activities authorized by section 414 of the Immigration and Nationality Act TVPA Provided Payments to states for the child care and development block grant For carrying out the Child Care and Development Block Grant Act of 1990 CCDBG Act Provided Provided further Provided further Provided further Social services block grant For making grants to States pursuant to section 2002 of the Social Security Act Provided Children and families services programs For carrying out, except as otherwise provided, the Runaway and Homeless Youth Act Head Start Act Child Abuse Prevention and Treatment Act Social Security Act CSBG Act Social Security Act Social Security Act Immigration and Nationality Act Social Security Act Provided, Head Start Act Provided further Provided further base grant Provided further fiscal year 2012 the prior fiscal year Provided further Provided further Provided further Provided further Provided further, Provided further, Provided further Provided further Provided further Provided further Provided further Provided further Provided further Social Security Act Provided further Provided further Provided further Provided further Promoting Safe and Stable Families For carrying out, except as otherwise provided, section 436 of the Social Security Act Payments for foster care and permanency For carrying out, except as otherwise provided, title IV–E of the Social Security Act For carrying out, except as otherwise provided, title IV–E of the Social Security Act For making, after May 31 of the current fiscal year, payments to States or other non-Federal entities under section 474 of title IV–E of the Social Security Act Administration for community living Aging and disability services programs (including transfer of funds) For carrying out, to the extent not otherwise provided, the OAA, titles III and XXIX of the PHS Act, section 119 of the Medicare Improvements for Patients and Providers Act of 2008, section 6021(d) of the Deficit Reduction Act of 2005, title XX–B of the Social Security Act, the Developmental Disabilities Assistance and Bill of Rights Act, parts 2 and 5 of subtitle D of title II of the Help America Vote Act of 2002, and for Department-wide coordination of policy and program activities that assist individuals with disabilities, $1,664,549,000, together with $52,115,000 to be transferred from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund to carry out section 4360 of the Omnibus Budget Reconciliation Act of 1990: Provided Provided further Provided further Office of the secretary General departmental management For necessary expenses, not otherwise provided, for general departmental management, including hire of passenger motor vehicles, and for carrying out titles III, XVII, XXI, and section 229 of the PHS Act, the United States-Mexico Border Health Commission Act, and research studies under section 1110 of the Social Security Act Provided Provided further, Provided further Provided further, Provided further Office of medicare hearings and appeals For expenses necessary for the Office of Medicare Hearings and Appeals, $82,381,000, to be transferred in appropriate part from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. Office of the national coordinator for health information technology For expenses necessary for the Office of the National Coordinator for Health Information Technology, including grants, contracts, and cooperative agreements for the development and advancement of interoperable health information technology, $20,290,000: Provided PHS Act Provided further Office of inspector general For expenses necessary for the Office of Inspector General, including the hire of passenger motor vehicles for investigations, in carrying out the provisions of the Inspector General Act of 1978, $59,879,000: Provided, Office for civil rights For expenses necessary for the Office for Civil Rights, $42,205,000. Retirement pay and medical benefits for commissioned officers For retirement pay and medical benefits of Public Health Service Commissioned Officers as authorized by law, for payments under the Retired Serviceman's Family Protection Plan and Survivor Benefit Plan, and for medical care of dependents and retired personnel under the Dependents' Medical Care Act, such amounts as may be required during the current fiscal year. Public health and social services emergency fund For expenses necessary to support activities related to countering potential biological, nuclear, radiological, chemical, and cybersecurity threats to civilian populations, and for other public health emergencies, $873,391,000, of which $415,000,000 shall remain available through September 30, 2015, for expenses necessary to support advanced research and development pursuant to section 319L of the PHS Act, and other administrative expenses of the Biomedical Advanced Research and Development Authority, and of which up to $5,000,000 shall remain available through September 30, 2016, to support the delivery of medical countermeasures and shall be in addition to any other amounts available for such purpose: Provided Provided further Provided further Provided further For necessary expenses for procuring security countermeasures (as defined in section 319F–2(c)(1)(B) of the PHS Act), $250,000,000, to remain available until expended. For expenses necessary to prepare for and respond to an influenza pandemic, $140,009,000; of which $108,000,000 shall be available until expended, for activities including the development and purchase of vaccine, antivirals, necessary medical supplies, diagnostics, and other surveillance tools: Provided further In addition, for expenses necessary for replacement of building leases and associated renovation costs for Public Health Service agencies and other components of HHS, including relocation and fit-out costs, $41,000,000, to remain available until expended. General provisions 201. Funds appropriated in this title shall be available for not to exceed $50,000 for official reception and representation expenses when specifically approved by the Secretary. 202. The Secretary shall make available through assignment not more than 60 employees of the Public Health Service to assist in child survival activities and to work in AIDS programs through and with funds provided by the Agency for International Development, the United Nations International Children's Emergency Fund or the World Health Organization. 203. None of the funds appropriated in this title shall be used to pay the salary of an individual, through a grant or other extramural mechanism, at a rate in excess of Executive Level II. 204. None of the funds appropriated in this Act may be expended pursuant to section 241 of the PHS Act 205. Notwithstanding section 241(a) of the PHS Act (transfer of funds) 206. Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the current fiscal year for HHS in this Act may be transferred between appropriations, but no such appropriation shall be increased by more than 3 percent by any such transfer: Provided Provided further (transfer of funds) 207. The Director of the NIH, jointly with the Director of the Office of AIDS Research, may transfer up to 3 percent among institutes and centers from the total amounts identified by these two Directors as funding for research pertaining to the human immunodeficiency virus: Provided (transfer of funds) 208. Of the amounts made available in this Act for NIH, the amount for research related to the human immunodeficiency virus, as jointly determined by the Director of NIH and the Director of the Office of AIDS Research, shall be made available to the Office of AIDS Research PHS Act 209. None of the funds appropriated in this Act may be made available to any entity under title X of the PHS Act 210. Notwithstanding any other provision of law, no provider of services under title X of the PHS Act 211. None of the funds appropriated by this Act (including funds appropriated to any trust fund) may be used to carry out the Medicare Advantage program if the Secretary denies participation in such program to an otherwise eligible entity (including a Provider Sponsored Organization) because the entity informs the Secretary that it will not provide, pay for, provide coverage of, or provide referrals for abortions: Provided Provided further 212. In order for HHS to carry out international health activities, including HIV/AIDS and other infectious disease, chronic and environmental disease, and other health activities abroad during fiscal year 2014: (1) The Secretary may exercise authority equivalent to that available to the Secretary of State in section 2(c) of the State Department Basic Authorities Act of 1956 Foreign Service Act of 1980 (2) The Secretary is authorized to provide such funds by advance or reimbursement to the Secretary of State as may be necessary to pay the costs of acquisition, lease, alteration, renovation, and management of facilities outside of the United States for the use of HHS. The Department of State shall cooperate fully with the Secretary to ensure that HHS has secure, safe, functional facilities that comply with applicable regulation governing location, setback, and other facilities requirements and serve the purposes established by this Act. The Secretary is authorized, in consultation with the Secretary of State, through grant or cooperative agreement, to make available to public or nonprofit private institutions or agencies in participating foreign countries, funds to acquire, lease, alter, or renovate facilities in those countries as necessary to conduct programs of assistance for international health activities, including activities relating to HIV/AIDS and other infectious diseases, chronic and environmental diseases, and other health activities abroad. (3) The Secretary is authorized to provide to personnel appointed or assigned by the Secretary to serve abroad, allowances and benefits similar to those provided under chapter 9 of title I of the Foreign Service Act of 1980, and 22 U.S.C. 4081 through 4086 and subject to such regulations prescribed by the Secretary. The Secretary is further authorized to provide locality-based comparability payments (stated as a percentage) up to the amount of the locality-based comparability payment (stated as a percentage) that would be payable to such personnel under section 5304 of title 5, United States Code if such personnel's official duty station were in the District of Columbia. Leaves of absence for personnel under this subsection shall be on the same basis as that provided under subchapter I of chapter 63 of title 5, United States Code, or section 903 of the Foreign Service Act of 1980, to individuals serving in the Foreign Service. 213. (a) Authority Notwithstanding any other provision of law, the Director of NIH ( Director PHS Act (b) Peer review In entering into transactions under subsection (a), the Director may utilize such peer review procedures (including consultation with appropriate scientific experts) as the Director determines to be appropriate to obtain assessments of scientific and technical merit. Such procedures shall apply to such transactions in lieu of the peer review and advisory council review procedures that would otherwise be required under sections 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act. 214. Funds which are available for Individual Learning Accounts for employees of CDC and the Agency for Toxic Substances and Disease Registry ( ATSDR Provided 215. Not to exceed (transfer of funds) 216. Of the amounts made available for NIH, 1 percent of the amount made available for National Research Service Awards ( NRSA PHS Act 217. Funds provided to the National Institutes of Health in this and subsequent acts may be used to support the Sanctuary System for Surplus Chimpanzees authorized by section 404K of the PHS Act, including for the construction, renovation, and funding of current or additional facilities of the sanctuary system as authorized by section 404K, notwithstanding the limitations in subsection (g) of such section. 218. None of the funds made available in this title may be used, in whole or in part, to advocate or promote gun control. 219. (a) The Secretary shall establish a publicly accessible Web site to provide information regarding the uses of funds made available under section 4002 of the Patient Protection and Affordable Care Act of 2010 ( ACA (b) With respect to funds provided under section 4002 of the ACA, the Secretary shall include on the Web site established under subsection (a) at a minimum the following information: (1) In the case of each transfer of funds under section 4002(c), a statement indicating the program or activity receiving funds, the operating division or office that will administer the funds, and the planned uses of the funds, to be posted not later than the day after the transfer is made. (2) Identification (along with a link to the full text) of each funding opportunity announcement, request for proposals, or other announcement or solicitation of proposals for grants, cooperative agreements, or contracts intended to be awarded using such funds, to be posted not later than the day after the announcement or solicitation is issued. (3) Identification of each grant, cooperative agreement, or contract with a value of $25,000 or more awarded using such funds, including the purpose of the award and the identity of the recipient, to be posted not later than 5 days after the award is made. (4) A report detailing the uses of all funds transferred under section 4002(c) during the fiscal year, to be posted not later than 90 days after the end of the fiscal year. With respect to awards made in fiscal years 2013 and 2014, the Secretary shall also include on the Web site established under subsection (a), semi-annual reports from each entity awarded a grant, cooperative agreement, or contract from such funds with a value of $25,000 or more, summarizing the activities undertaken and identifying any sub-grants or sub-contracts awarded (including the purpose of the award and the identity of the recipient), to be posted not later than 30 days after the end of each 6-month period. (d) In carrying out this section, the Secretary shall: (1) present the information required in subsection (b)(1) on a single webpage or on a single database; (2) ensure that all information required in this section is directly accessible from the single webpage or database; and (3) ensure that all information required in this section is able to be organized by program or State. (Transfer of Funds) 220. (a) Within 45 days of enactment of this Act, the Secretary shall transfer funds appropriated under section 4002 of the Patient Protection and Affordable Care Act of 2010 ( ACA Prevention and Public Health Fund (b) Notwithstanding section 4002(c) of the ACA, the Secretary may not further transfer these amounts. (c) Funds transferred for activities authorized under section 2821 of the PHS Act shall be made available without reference to section 2821(b) of such Act. 221. (a) The Secretary shall prescribe by regulation, for application in the current fiscal year and in subsequent fiscal years, a schedule of fees for certification of health information technology as established by section 300jj–11(c)(5) of title 42. The fees shall be paid by health information technology vendors based on the fee structure established by the Secretary and published in the Federal Register. The Secretary shall periodically update this schedule of fees through a notice in the Federal Register. This fee structure shall be designed to be sufficient to recover costs associated with the administration of certification programs authorized by section 300jj–11(c)(5) of title 42, including the costs for health information technology standards, testing and certification, and other related costs for improving the efficiency of certification programs. (b) Collection procedures The Secretary shall prescribe procedures to collect the fees. The Secretary may, for the purpose of collecting fees, use the services of a department, agency, or instrumentality authorized by the National Coordinator to perform the certification of health information technology in accordance with section 300jj–11(c)(5) of title 42, and may reimburse such department, agency, or instrumentality a reasonable amount for its services. (c) Collection, deposit, and use (1) Fees collected under this section shall be deposited in the HHS Office of the National Coordinator for Health Information Technology account as offsetting collections. (2) Such fees shall be collected and available only to the extent and in such amounts as provided in advance in appropriations acts. 222. (a) The Biomedical Advanced Research and Development Authority ( BARDA (1) funds are available and obligated— (A) for the full period of the contract or for the first fiscal year in which the contract is in effect; and (B) for the estimated costs associated with a necessary termination of the contract; and (2) the Secretary determines that a multi-year contract will serve the best interests of the Federal Government by encouraging full and open competition or promoting economy in administration, performance, and operation of BARDA's programs. (b) A contract entered into under this section: (1) shall include a termination clause as described by subsection (c) of section 3903 of title 41, United States Code; and (2) shall be subject to the congressional notice requirement stated in subsection (d) of such section. 223. (a) The Secretary shall publish in the fiscal year 2015 budget justification and on Departmental Web sites information concerning the employment of full-time equivalent Federal employees or contractors for the purposes of implementing, administering, enforcing, or otherwise carrying out the provisions of the Patient Protection and Affordable Care Act of 2010 ( ACA (b) With respect to employees or contractors supported by all funds appropriated for purposes of carrying out the ACA (and the amendments made by that Act), the Secretary shall include, at a minimum, the following information: (1) For each such fiscal year, the section of such Act under which such funds were appropriated, a statement indicating the program, project, or activity receiving such funds, the Federal operating division or office that administers such program, and the amount of funding received in discretionary or mandatory appropriations. (2) For each such fiscal year, the number of full-time equivalent employees or contracted employees assigned to each authorized and funded provision detailed in accordance with paragraph (1). (c) In carrying out this section, the Secretary may exclude from the report employees or contractors who: (1) Are supported through appropriations enacted in laws other than the ACA and work on programs that existed prior to the passage of the ACA; (2) spend less than 50 percent of their time on activities funded by or newly authorized in the ACA; (3) or who work on contracts for which FTE reporting is not a requirement of their contract, such as fixed-price contracts. 224. In lieu of the timeframe specified in section 338E(c)(2) of the PHS Act, terminations described in such section may occur up to 60 days after the execution of a contract awarded in fiscal year 2014 under section 338 of such Act. 225. (a) With respect to a contract, contract option, or modification executed in fiscal year 2014 between the National Institutes of Health or any of its components and the contract operator of a Federally Funded Research and Development Center for severable services, if the period of the contract, option, or modification begins in one fiscal year, ends in the next fiscal year, and does not exceed one year, and if the contract, option, or modification is funded incrementally in the manner specified in sections 32.703–1(b) and 32.704 of the Federal Acquisition Regulation— (1) any increment of such contract, contract option, or modification may begin in one fiscal year and end in the next fiscal year; and (2) funds available for the first of such fiscal years may be obligated for the total amount of such increment. (b) The authority provided in this section shall apply only to funds appropriated in this Act. 226. It is the sense of the Senate that American Health Benefit Exchanges should verify annual household or individual income prior to making available premium tax credits under the Patient Protection and Affordable Care Act (Public Law 111–148), and the amendment made by that Act. 227. The Secretary shall publish, as part of the fiscal year 2015 budget of the President submitted under section 1105(a) of title 31, United States Code, information that details the uses of all funds used by the Centers for Medicare and Medicaid Services specifically for Health Insurance Marketplaces for each fiscal year since the enactment of the Patient Protection and Affordable Care Act (Public Law 111–148) and the proposed uses for such funds for fiscal year 2015. Such information shall include, for each such fiscal year— (1) the section(s) of such Act under which such funds were appropriated or used; (2) the program, project, or activity for which such funds were used; (3) the amount of funds that were used for the Health Insurance Marketplaces within each such program, project, or activity; and (4) the milestones completed for data hub functionality and implementation readiness. This title may be cited as the Department of Health and Human Services Appropriations Act, 2014 III Department of Education Education for the disadvantaged For carrying out title I of the Elementary and Secondary Education Act of 1965 ESEA Higher Education Act of 1965 HEA Provided Provided further Secretary Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further, Provided further, Provided further Provided further, Provided further Provided further Provided further School Readiness For carrying out activities authorized by part D of title V of the ESEA, $750,000,000 for a preschool development grants program: Provided Provided further Provided further Provided further Impact aid For carrying out programs of financial assistance to federally affected schools authorized by title VIII of the ESEA Provided Provided further School improvement programs For carrying out school improvement activities authorized by parts A and B of title II, part B of title IV, subpart 6 of part D of title V, parts A and B of title VI, and parts B and C of title VII of the ESEA; the McKinney-Vento Homeless Assistance Act; section 203 of the Educational Technical Assistance Act of 2002; the Compact of Free Association Amendments Act of 2003; and the Civil Rights Act of 1964 Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Indian education For expenses necessary to carry out, to the extent not otherwise provided, title VII, part A of the ESEA Innovation and improvement For carrying out activities authorized by part G of title I, subpart 5 of part A and parts C and D of title II, parts B, C, and D of title V of the ESEA, and sections 14006 and 14007 of division A of the American Recovery and Reinvestment Act of 2009, as amended, $1,331,598,000: Provided Provided further CAC Provided further Provided further Provided further Provided further Provided further Provided further Provided further, Provided further Provided further high-need local educational agencies Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Safe schools and citizenship education For carrying out activities authorized by part A of title IV and subparts 1, 2, and 10 of part D of title V of the ESEA, $330,481,000: Provided Project SERV Provided further English language acquisition For carrying out part A of title III of the ESEA Provided, Special education For carrying out the Individuals with Disabilities Education Act (IDEA) and the Special Olympics Sport and Empowerment Act of 2004, $12,803,387,000, of which $3,274,919,000 shall become available on July 1, 2014, and shall remain available through September 30, 2015, and of which $9,283,383,000 shall become available on October 1, 2014, and shall remain available through September 30, 2015, for academic year 2014–2015: Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Rehabilitation services and disability research For carrying out, to the extent not otherwise provided, the Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and the Helen Keller National Center Act, $3,698,174,000, of which $3,302,053,000 shall be for grants for vocational rehabilitation services under title I of the Rehabilitation Act: Provided SSI Provided further Provided further, Provided further Provided further Provided further Special institutions for persons with disabilities American printing house for the blind For carrying out the Act of March 3, 1879, $24,456,000. National technical institute for the deaf For the National Technical Institute for the Deaf under titles I and II of the Education of the Deaf Act of 1986, $66,422,000: Provided, Gallaudet university For the Kendall Demonstration Elementary School, the Model Secondary School for the Deaf, and the partial support of Gallaudet University under titles I and II of the Education of the Deaf Act of 1986, $118,541,000: Provided Career, technical, and adult education For carrying out, to the extent not otherwise provided, the Carl D. Perkins Career and Technical Education Act of 2006 and the Adult Education and Family Literacy Act ( AEFLA Provided Provided further Provided further Provided further Provided further, Provided further, Student financial assistance For carrying out subparts 1, 3, and 10 of part A, and part C of title IV of the HEA The maximum Pell Grant for which a student shall be eligible during award year 2014–2015 shall be $4,860. Student aid administration For Federal administrative expenses to carry out part D of title I, and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of title IV of the HEA Higher education For carrying out, to the extent not otherwise provided, titles II, III, IV, V, VI, VII, and VIII of the HEA, the Mutual Educational and Cultural Exchange Act of 1961, and section 117 of the Carl D. Perkins Career and Technical Education Act of 2006, $1,912,615,000: Provided Provided further Provided further Provided further Provided further Provided further Howard university For partial support of Howard University, $234,064,000, of which not less than $3,593,000 shall be for a matching endowment grant pursuant to the Howard University Endowment Act and shall remain available until expended. College housing and academic facilities loans program For Federal administrative expenses to carry out activities related to existing facility loans pursuant to section 121 of the HEA Historically Black College and University Capital Financing Program Account For the cost of guaranteed loans, $20,150,000, as authorized pursuant to part D of title III of the HEA, which shall remain available through September 30, 2015: Provided, Provided further, Provided further, In addition, for administrative expenses to carry out the Historically Black College and University Capital Financing Program entered into pursuant to part D of title III of the HEA, $352,000. Institute of education sciences For carrying out activities authorized by the Education Sciences Reform Act of 2002, the National Assessment of Educational Progress Authorization Act, section 208 of the Educational Technical Assistance Act of 2002, and section 664 of the Individuals with Disabilities Education Act, $652,937,000, which shall remain available through September 30, 2015: Provided Provided further Departmental management Program administration For carrying out, to the extent not otherwise provided, the Department of Education Organization Act, including rental of conference rooms in the District of Columbia and hire of three passenger motor vehicles, $447,366,000, of which $2,000,000, to remain available until expended, shall be for relocation of, and renovation of buildings occupied by, Department staff. Office for civil rights For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization Act, $102,418,000. Office of the inspector general For expenses necessary for the Office of the Inspector General, as authorized by section 212 of the Department of Education Organization Act, $59,700,000. General provisions 301. No funds appropriated in this Act may be used for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to overcome racial imbalance in any school or school system, or for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to carry out a plan of racial desegregation of any school or school system. 302. None of the funds contained in this Act shall be used to require, directly or indirectly, the transportation of any student to a school other than the school which is nearest the student's home, except for a student requiring special education, to the school offering such special education, in order to comply with title VI of the Civil Rights Act of 1964. For the purpose of this section an indirect requirement of transportation of students includes the transportation of students to carry out a plan involving the reorganization of the grade structure of schools, the pairing of schools, or the clustering of schools, or any combination of grade restructuring, pairing, or clustering. The prohibition described in this section does not include the establishment of magnet schools. 303. No funds appropriated in this Act may be used to prevent the implementation of programs of voluntary prayer and meditation in the public schools. (transfer of funds) 304. Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but no such appropriation shall be increased by more than 3 percent by any such transfer: Provided Provided further 305. The Outlying Areas may consolidate funds received under this Act, pursuant to 48 U.S.C. 1469a, under part A of title V of the ESEA. 306. Section 105(f)(1)(B)(ix) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(ix)) shall be applied by substituting 2014 2009 307. (a) Section 206 of the Department of Education Organization Act (20 U.S.C. 3416) is amended— (1) by striking out the heading and inserting Office of Career, Technical, and Adult Education (2) by striking out Office of Vocational and Adult Education Office of Career, Technical, and Adult Education (3) by striking out Assistant Secretary for Vocational and Adult Education Assistant Secretary for Career, Technical, and Adult Education (4) by striking out vocational and adult education career, technical, and adult education (b) Section 202 of the Department of Education Organization Act (20 U.S.C. 3412) is amended— (1) in subsection (b)(1)(C), by striking out Assistant Secretary for Vocational and Adult Education Assistant Secretary for Career, Technical, and Adult Education (2) in subsection (h), by striking out Assistant Secretary for Vocational and Adult Education Assistant Secretary for Career, Technical, and Adult Education (c) Section 1 of the Department of Education Organization Act (20 U.S.C. 3401 note) is amended by striking out the entry for section 206 and inserting Sec. 206. Office of Career, Technical, and Adult Education. (d) Section 114(b)(1) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2324(b)(1)) is amended by striking out Office of Vocational and Adult Education Office of Career, Technical, and Adult Education 308. The Secretary may reserve funds under section 9601 of the ESEA (subject to the limitations in subsections (b) and (c) of that section) in order to carry out activities authorized under that section with respect to any ESEA program funded in this Act and without respect to the source of funds for those activities: Provided Provided further 309. None of the funds made available by this Act to carry out the HEA may be disbursed or delivered to an institution of higher education (or other postsecondary educational institution) on behalf of a student, or to a student to be used to attend the institution, unless the institution certifies to the Secretary that it will not use revenues derived from educational assistance funds provided in any form under any Federal law for advertising, marketing or student recruitment activities (other than activities required or specifically authorized by title IV of the HEA or otherwise specified by the Secretary). 310. (a) Consolidations For fiscal year 2006 and each succeeding fiscal year, if a local educational agency described in subsection (b) is formed at any time after 1938 by the consolidation of 2 or more former school districts, the local educational agency may elect to have the Secretary determine its eligibility for any fiscal year on the basis of 1 or more of those former districts, as designated by the local educational agency. (b) Eligible local educational agencies A local educational agency referred to in subsection (a) is— (1) any local educational agency that, for fiscal year 1994 or any preceding fiscal year, applied, and was determined to be eligible under, section 2(c) of the Act of September 30, 1950 (Public Law 874, 81st Congress) as that section was in effect for that fiscal year; or (2) a local educational agency formed by the consolidation of 2 or more districts, at least 1 of which was eligible for assistance under this section for the fiscal year preceding the year of the consolidation, if— (A) for fiscal years 2006 through 2013 the local educational agency notified the Secretary not later than 30 days after the date of enactment of this Act; and (B) for fiscal year 2014 the local educational agency includes the designation in its application under section 8005 or any timely amendment to such application. (c) Amount A local educational agency eligible under subsection (b) shall receive a foundation payment as provided for under subparagraphs (A) and (B) of subsection (h)(1), as in effect on the date of enactment of this Act, except that the foundation payment shall be calculated based on the most recent payment received by the local educational agency based on its former common status. 311. None of the funds made available by this Act to carry out the HEA may be disbursed or delivered on behalf of a student or to a student to be used to attend a program, pursuant to section 481(b) of the HEA, that prepares students for gainful employment in recognized occupations requiring licensing or other established requirements as a pre-condition for entry into such occupations, at an institution of higher education (or other post-secondary education institution), unless such program meets, in the State where the Department has approved the location offering the program, all applicable State or professionally mandated licensing, certification, and programmatic or specialized accreditation requirements to fully qualify a student who successfully completes the program to take licensing examinations or obtain credentials associated with the training provided in the program. 312. The Secretary of Education shall— (1) modify the Free Application for Federal Student Aid described in section 483 of the HEA so that the Free Application for Federal Student Aid contains an individual box for the purpose of identifying students who are foster youth or were in the foster care system; and (2) utilize such identification as a tool to notify students who are foster youth or were in the foster care system of their potential eligibility for Federal student aid, including postsecondary education programs through the John H. Chafee Foster Care Independence Program and any other Federal programs under which such students may be eligible to receive assistance. This title may be cited as the Department of Education Appropriations Act, 2014 IV Related Agencies Committee for purchase from people who are blind or severely disabled Salaries and expenses For expenses necessary for the Committee for Purchase From People Who Are Blind or Severely Disabled established by Public Law 92–28, $5,396,000. Corporation for national and community service Operating expenses For necessary expenses for the Corporation for National and Community Service (referred to in this title as CNCS 1973 Act 1990 Act Provided Provided further Provided further Payment to the National service trust (including transfer of funds) For payment to the National Service Trust established under subtitle D of title I of the 1990 Act, $209,840,000, to remain available until expended: Provided Operating Expenses Provided further Salaries and expenses For necessary expenses of administration as provided under section 501(a)(5) of the 1990 Act and under section 504(a) of the 1973 Act, including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms in the District of Columbia, the employment of experts and consultants authorized under 5 U.S.C. 3109, and not to exceed $2,500 for official reception and representation expenses, $88,209,000. Office of inspector general For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, $6,466,000. Administrative provisions 401. CNCS shall make any significant changes to program requirements, service delivery or policy only through public notice and comment rulemaking. For fiscal year 2014, during any grant selection process, an officer or employee of CNCS shall not knowingly disclose any covered grant selection information regarding such selection, directly or indirectly, to any person other than an officer or employee of CNCS that is authorized by CNCS to receive such information. 402. AmeriCorps programs receiving grants under the National Service Trust program shall meet an overall minimum share requirement of 24 percent for the first 3 years that they receive AmeriCorps funding, and thereafter shall meet the overall minimum share requirement as provided in section 2521.60 of title 45, Code of Federal Regulations, without regard to the operating costs match requirement in section 121(e) or the member support Federal share limitations in section 140 of the 1990 Act, and subject to partial waiver consistent with section 2521.70 of title 45, Code of Federal Regulations. 403. Donations made to CNCS under section 196 of the 1990 Act for the purposes of financing programs and operations under titles I and II of the 1973 Act or subtitle B, C, D, or E of title I of the 1990 Act shall be used to supplement and not supplant current programs and operations. 404. In addition to the requirements in section 146(a) of the 1990 Act, use of an educational award for the purpose described in section 148(a)(4) shall be limited to individuals who are veterans as defined under section 101 of the Act. 405. For the purpose of carrying out section 189D of the 1990 Act: (1) Entities described in paragraph (a) of such section shall be considered qualified entities NCPA (2) Individuals described in such section shall be considered volunteers (3) State Commissions on National and Community Service established pursuant to section 178 of the 1990 Act, are authorized to receive criminal history record information, consistent with Public Law 92–544. Corporation for public broadcasting For payment to the Corporation for Public Broadcasting ( CPB Communications Act of 1934 Provided Provided further Provided further Provided further Federal mediation and conciliation service Salaries and expenses For expenses necessary for the Federal Mediation and Conciliation Service ( Service Provided, Provided further, Provided further Federal mine safety and health review commission Salaries and expenses For expenses necessary for the Federal Mine Safety and Health Review Commission, $17,000,000. Institute of museum and library services Office of museum and library services: grants and administration For carrying out the Museum and Library Services Act of 1996 and the National Museum of African American History and Culture Act, $231,490,000. Medicaid and CHIP payment and access commission Salaries and expenses For expenses necessary to carry out section 1900 of the Social Security Act, $9,000,000. Medicare payment advisory commission Salaries and expenses For expenses necessary to carry out section 1805 of the Social Security Act National council on disability Salaries and expenses For expenses necessary for the National Council on Disability as authorized by title IV of the Rehabilitation Act of 1973 National health care workforce commission For necessary expenses for the National Health Care Workforce Commission, as authorized by title V, subtitle B, section 5101 of the Patient Protection and Affordable Care Act, $3,000,000, to remain available until expended. National labor relations board Salaries and expenses For expenses necessary for the National Labor Relations Board to carry out the functions vested in it by the Labor-Management Relations Act, 1947, and other laws, $284,991,000: Provided National mediation board Salaries and expenses For expenses necessary to carry out the provisions of the Railway Labor Act, including emergency boards appointed by the President, $13,384,000. Occupational safety and health review commission Salaries and expenses For expenses necessary for the Occupational Safety and Health Review Commission, $12,300,000. Railroad retirement board Dual benefits payments account For payment to the Dual Benefits Payments Account, authorized under section 15(d) of the Railroad Retirement Act of 1974, $39,000,000, which shall include amounts becoming available in fiscal year 2014 pursuant to section 224(c)(1)(B) of Public Law 98–76; and in addition, an amount, not to exceed 2 percent of the amount provided herein, shall be available proportional to the amount by which the product of recipients and the average benefit received exceeds the amount available for payment of vested dual benefits: Provided Federal payments to the railroad retirement accounts For payment to the accounts established in the Treasury for the payment of benefits under the Railroad Retirement Act for interest earned on unnegotiated checks, $150,000, to remain available through September 30, 2015, which shall be the maximum amount available for payment pursuant to section 417 of Public Law 98–76. Limitation on administration For necessary expenses for the Railroad Retirement Board ( Board Provided Provided further Limitation on the office of inspector general For expenses necessary for the Office of Inspector General for audit, investigatory and review activities, as authorized by the Inspector General Act of 1978, not more than $8,638,000, to be derived from the railroad retirement accounts and railroad unemployment insurance account. Social security administration Payments to social security trust funds For payment to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as provided under sections 201(m), 228(g), and 1131(b)(2) of the Social Security Act Supplemental security income program For carrying out titles XI and XVI of the Social Security Act, section 401 of Public Law 92–603, section 212 of Public Law 93–66, as amended, and section 405 of Public Law 95–216, including payment to the Social Security trust funds for administrative expenses incurred pursuant to section 201(g)(1) of the Social Security Act, $40,568,741,000, to remain available until expended: Provided Provided further, For making, after June 15 of the current fiscal year, benefit payments to individuals under title XVI of the Social Security Act, for unanticipated costs incurred for the current fiscal year, such sums as may be necessary. For making benefit payments under title XVI of the Social Security Act for the first quarter of fiscal year 2015, $19,700,000,000, to remain available until expended. Limitation on administrative expenses For necessary expenses, including the hire of two passenger motor vehicles, and not to exceed $20,000 for official reception and representation expenses, not more than $10,594,473,000 may be expended, as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to in such section: Provided Provided further Provided further Provided further In addition, for the costs associated with continuing disability reviews under titles II and XVI of the Social Security Act and for the cost associated with conducting redeterminations of eligibility under title XVI of the Social Security Act, $1,197,000,000 may be expended, as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to therein: Provided Provided further In addition, $173,000,000 to be derived from administration fees in excess of $5.00 per supplementary payment collected pursuant to section 1616(d) of the Social Security Act or section 212(b)(3) of Public Law 93–66, which shall remain available until expended. To the extent that the amounts collected pursuant to such sections in fiscal year 2014 exceed $173,000,000, the amounts shall be available in fiscal year 2015 only to the extent provided in advance in appropriations Acts. In addition, up to $1,000,000 to be derived from fees collected pursuant to section 303(c) of the Social Security Protection Act, which shall remain available until expended. Office of inspector general (including transfer of funds) For expenses necessary for the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $29,698,000, together with not to exceed $74,972,000, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act In addition, an amount not to exceed 3 percent of the total provided in this appropriation may be transferred from the Limitation on Administrative Expenses Provided, V General Provisions (transfer of funds) 501. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances of prior appropriations to accounts corresponding to current appropriations provided in this Act. Such transferred balances shall be used for the same purpose, and for the same periods of time, for which they were originally appropriated. 502. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 503. (a) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111–148 shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body, except in presentation to the Congress or any State or local legislature itself, or designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local government, except in presentation to the executive branch of any State or local government itself. (b) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111–148 shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment of legislation, appropriations, regulation, administrative action, or Executive order proposed or pending before the Congress or any State government, State legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a State, local or tribal government in policymaking and administrative processes within the executive branch of that government. (c) The prohibitions in subsections (a) and (b) shall include any activity to advocate or promote any proposed, pending or future Federal, State or local tax increase, or any proposed, pending, or future requirement or restriction on any legal consumer product, including its sale or marketing, including but not limited to the advocacy or promotion of gun control. 504. The Secretaries of Labor and Education are authorized to make available not to exceed $28,000 and $20,000, respectively, from funds available for salaries and expenses under titles I and III, respectively, for official reception and representation expenses; the Director of the Federal Mediation and Conciliation Service is authorized to make available for official reception and representation expenses not to exceed $5,000 from the funds available for Federal Mediation and Conciliation Service, Salaries and Expenses National Mediation Board, Salaries and Expenses 505. When issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money, all grantees receiving Federal funds included in this Act, including but not limited to State and local governments and recipients of Federal research grants, shall clearly state— (1) the percentage of the total costs of the program or project which will be financed with Federal money; (2) the dollar amount of Federal funds for the project or program; and (3) percentage and dollar amount of the total costs of the project or program that will be financed by non-governmental sources. 506. (a) None of the funds appropriated in this Act, and none of the funds in any trust fund to which funds are appropriated in this Act, shall be expended for any abortion. (b) None of the funds appropriated in this Act, and none of the funds in any trust fund to which funds are appropriated in this Act, shall be expended for health benefits coverage that includes coverage of abortion. (c) The term health benefits coverage 507. (a) The limitations established in the preceding section shall not apply to an abortion— (1) if the pregnancy is the result of an act of rape or incest; or (2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed. (b) Nothing in the preceding section shall be construed as prohibiting the expenditure by a State, locality, entity, or private person of State, local, or private funds (other than a State's or locality's contribution of Medicaid matching funds). (c) Nothing in the preceding section shall be construed as restricting the ability of any managed care provider from offering abortion coverage or the ability of a State or locality to contract separately with such a provider for such coverage with State funds (other than a State's or locality's contribution of Medicaid matching funds). (d) (1) None of the funds made available in this Act may be made available to a Federal agency or program, or to a State or local government, if such agency, program, or government subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions. (2) In this subsection, the term health care entity 508. (a) None of the funds made available in this Act may be used for— (1) the creation of a human embryo or embryos for research purposes; or (2) research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under 45 CFR 46.204(b) and section 498(b) of the Public Health Service Act (b) For purposes of this section, the term human embryo or embryos 509. (a) None of the funds made available in this Act may be used for any activity that promotes the legalization of any drug or other substance included in schedule I of the schedules of controlled substances established under section 202 of the Controlled Substances Act (b) The limitation in subsection (a) shall not apply when there is significant medical evidence of a therapeutic advantage to the use of such drug or other substance or that federally sponsored clinical trials are being conducted to determine therapeutic advantage. 510. None of the funds made available in this Act may be used to promulgate or adopt any final standard under section 1173(b) of the Social Security Act 511. None of the funds made available in this Act may be obligated or expended to enter into or renew a contract with an entity if— (1) such entity is otherwise a contractor with the United States and is subject to the requirement in 38 U.S.C. 4212(d) regarding submission of an annual report to the Secretary of Labor concerning employment of certain veterans; and (2) such entity has not submitted a report as required by that section for the most recent year for which such requirement was applicable to such entity. 512. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriation Act. 513. None of the funds made available by this Act to carry out the Library Services and Technology Act may be made available to any library covered by paragraph (1) of section 224(f) of such Act, as amended by the Children's Internet Protection Act, unless such library has made the certifications required by paragraph (4) of such section. 514. (a) None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2014, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that— (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes or renames offices; (6) reorganizes programs or activities; or (7) contracts out or privatizes any functions or activities presently performed by Federal employees; unless the Committees on Appropriations of the House of Representatives and the Senate are notified 15 days in advance of such reprogramming or of an announcement of intent relating to such reprogramming, whichever occurs earlier. (b) None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2014, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds in excess of $500,000 or 10 percent, whichever is less, that— (1) augments existing programs, projects (including construction projects), or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (3) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Committees on Appropriations of the House of Representatives and the Senate are notified 15 days in advance of such reprogramming or of an announcement of intent relating to such reprogramming, whichever occurs earlier. 515. (a) None of the funds made available in this Act may be used to request that a candidate for appointment to a Federal scientific advisory committee disclose the political affiliation or voting history of the candidate or the position that the candidate holds with respect to political issues not directly related to and necessary for the work of the committee involved. (b) None of the funds made available in this Act may be used to disseminate information that is deliberately false or misleading. 516. Within 45 days of enactment of this Act, each department and related agency funded through this Act shall submit an operating plan that details at the program, project, and activity level any funding allocations for fiscal year 2014 that are different than those specified in this Act, the accompanying detailed table in the Committee report accompanying this Act, or the fiscal year 2014 budget request. 517. The Secretaries of Labor, Health and Human Services, and Education shall each prepare and submit to the Committees on Appropriations of the House of Representatives and the Senate a report on the number and amount of contracts, grants, and cooperative agreements exceeding $500,000 in value and awarded by the Department on a non-competitive basis during each quarter of fiscal year 2014, but not to include grants awarded on a formula basis or directed by law. Such report shall include the name of the contractor or grantee, the amount of funding, the governmental purpose, including a justification for issuing the award on a non-competitive basis. Such report shall be transmitted to the Committees within 30 days after the end of the quarter for which the report is submitted. 518. None of the funds appropriated or otherwise made available by this Act may be used to enter into a contract in an amount greater than $5,000,000 or to award a grant in excess of such amount unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that, to the best of its knowledge and belief, the contractor or grantee has filed all Federal tax returns required during the 3 years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding. (rescission) 519. Of the funds made available for performance bonus payments under section 2105(a)(3)(E) of the Social Security Act, $5,000,000,000 are hereby rescinded. 520. None of the funds contained in this Act may be used to distribute any needle or syringe for the purpose of preventing the spread of blood borne pathogens in any location that has been determined by the local public health or local law enforcement authorities to be inappropriate for such distribution. (Including transfer of funds) 521. (a) In general The Health Education Assistance Loan ( HEAL (b) Transfer of functions, assets, and liabilities The functions, assets, and liabilities of the Secretary of Health and Human Services relating to such program shall be transferred to the Secretary of Education. (c) Interdepartmental coordination of transfer The Secretary of Health and Human Services and the Secretary of Education shall carry out the transfer of the HEAL program described in subsection (a), including the transfer of the functions, assets, and liabilities specified in subsection (b), in the manner that they determine is most appropriate. (d) Use of authorities under HEA of 1965 In servicing, collecting, and enforcing the loans described in subsection (a), the Secretary of Education shall have available any and all authorities available to such Secretary in servicing, collecting, or enforcing a loan made, insured, or guaranteed under part B of title IV of the HEA of 1965. (e) Conforming amendments Effective as of the date on which the transfer of the HEAL program under subsection (a) takes effect, section 719 of the PHS Act is amended by adding at the end the following new paragraph: (6) The term Secretary . (including transfer of funds) 522. (a) Definitions In this section, (1) Performance Partnership Pilot Pilot (A) involve two or more Federal programs (administered by one or more Federal agencies)— (i) which have related policy goals, and (ii) at least one of which is administered (in whole or in part) by a State, local, or tribal government; and (B) achieve better results for regions, communities, or specific at-risk populations through making better use of the budgetary resources that are available for supporting such programs. (2) To improve outcomes for disconnected youth (3) The lead Federal administering agency (b) Use of discretionary funds in fiscal year 2014 Federal agencies may use Federal discretionary funds that are made available in this Act to carry out up to 13 Performance Partnership Pilots. Such Pilots shall: (1) be designed to improve outcomes for disconnected youth, and (2) involve Federal programs targeted on disconnected youth, or designed to prevent youth from disconnecting from school or work, that provide education, training, employment, and other related social services. (c) Performance partnership agreements Federal agencies may use Federal discretionary funds, as authorized in subsection (b), to participate in a Performance Partnership Pilot only in accordance with the terms of a Performance Partnership Agreement that— (1) is entered into between— (A) the head of the lead Federal administering agency, on behalf of all of the participating Federal agencies (subject to the head of the lead Federal administering agency having received from the heads of each of the other participating agencies their written concurrence for entering into the Agreement), and (B) the respective representatives of all of the State, local, or tribal governments that are participating in the Agreement; and (2) specifies, at a minimum, the following information: (A) the length of the Agreement (which shall not extend beyond September 30, 2018); (B) the Federal programs and federally funded services that are involved in the Pilot; (C) the Federal discretionary funds that are being used in the Pilot (by the respective Federal account identifier, and the total amount from such account that is being used in the Pilot), and the period (or periods) of availability for obligation (by the Federal Government) of such funds; (D) the non-Federal funds that are involved in the Pilot, by source (which may include private funds as well as governmental funds) and by amount; (E) the State, local, or tribal programs that are involved in the Pilot; (F) the populations to be served by the Pilot; (G) the cost-effective Federal oversight procedures that will be used for the purpose of maintaining the necessary level of accountability for the use of the Federal discretionary funds; (H) the cost-effective State, local, or tribal oversight procedures that will be used for the purpose of maintaining the necessary level of accountability for the use of the Federal discretionary funds; (I) the outcome (or outcomes) that the Pilot is designed to achieve; (J) the appropriate, reliable, and objective outcome-measurement methodology that the Federal Government and the participating State, local, or tribal governments will use, in carrying out the Pilot, to determine whether the Pilot is achieving, and has achieved, the specified outcomes that the Pilot is designed to achieve; (K) the statutory, regulatory, or administrative requirements related to Federal mandatory programs that are barriers to achieving improved outcomes of the Pilot; and (L) in cases where, during the course of the Pilot, it is determined that the Pilot is not achieving the specified outcomes that it is designed to achieve, (i) the consequences that will result from such deficiencies with respect to the Federal discretionary funds that are being used in the Pilot, and (ii) the corrective actions that will be taken in order to increase the likelihood that the Pilot, upon completion, will have achieved such specified outcomes. (d) Agency head determinations A Federal agency may participate in a Performance Partnership Pilot (including by providing Federal discretionary funds that have been appropriated to such agency) only upon the written determination by the head of such agency that the agency's participation in such Pilot— (1) will not result in denying or restricting the eligibility of any individual for any of the services that (in whole or in part) are funded by the agency's programs and Federal discretionary funds that are involved in the Pilot, and (2) based on the best available information, will not otherwise adversely affect vulnerable populations that are the recipients of such services. In making this determination, the head of the agency may take into consideration the other Federal discretionary funds that will be used in the Pilot as well as any non-Federal funds (including from private sources as well as governmental sources) that will be used in the Pilot. (e) Transfer authority For the purpose of carrying out the Pilot in accordance with the Performance Partnership Agreement, and subject to the written approval of the Director of the Office of Management and Budget, the head of each participating Federal agency may transfer Federal discretionary funds that are being used in the Pilot to an account of the lead Federal administering agency that includes Federal discretionary funds that are being used in the Pilot. Subject to the waiver authority under subsection (f), such transferred funds shall remain available for the same purposes for which such funds were originally appropriated: Provided (f) Waiver authority In connection with a Federal agency's participation in a Performance Partnership Pilot, and subject to the other provisions of this section (including subsection (e)), the head of the Federal agency to which the Federal discretionary funds were appropriated may waive (in whole or in part) the application, solely to such discretionary funds that are being used in the Pilot, of any statutory, regulatory, or administrative requirement that such agency head— (1) is otherwise authorized to waive (in accordance with the terms and conditions of such other authority), and (2) is not otherwise authorized to waive, provided that in such case the agency head shall— (A) not waive any requirement related to nondiscrimination, wage and labor standards, or allocation of funds to State and substate levels; (B) issue a written determination, prior to granting the waiver, with respect to such discretionary funds that the granting of such waiver for purposes of the Pilot— (i) is consistent with both— (I) the statutory purposes of the Federal program for which such discretionary funds were appropriated, and (II) the other provisions of this section, including the written determination by the agency head issued under subsection (d); (ii) is necessary to achieve the outcomes of the Pilot as specified in the Performance Partnership Agreement, and is no broader in scope than is necessary to achieve such outcomes; and (iii) will result in either— (I) realizing efficiencies by simplifying reporting burdens or reducing administrative barriers with respect to such discretionary funds, or (II) increasing the ability of individuals to obtain access to services that are provided by such discretionary funds; and (C) provide at least 60 days advance written notice to the Committees on Appropriations and other committees of jurisdiction in the House of Representatives and the Senate. 523. (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. 524. Each Federal agency, or in the case of an agency with multiple bureaus, each bureau (or operating division) funded under this Act that has research and development expenditures in excess of $100,000,000 per year shall develop a Federal research public access policy that provides for— (1) the submission to the agency, agency bureau, or designated entity acting on behalf of the agency, a machine-readable version of the author’s final peer-reviewed manuscripts that have been accepted for publication in peer-reviewed journals describing research supported, in whole or in part, from funding by the Federal Government; (2) free online public access to such final peer-reviewed manuscripts or published versions not later than 12 months after the official date of publication; and (3) compliance with all relevant copyright laws. This Act may be cited as the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2014 July 11, 2013 Read twice and placed on the calendar

Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2014

Small Business Innovation Act of 2013 - Amends the Small Business Investment Act of 1958 to authorize the Administrator of the Small Business Administration (SBA) to guarantee the payment of up to $4 billion per fiscal year for debentures or participating securities issued by small business investment companies (SBICs) to encourage the formation and growth of small businesses. Increases from $225 million to $350 million the maximum amount of outstanding leverage for two or more commonly-controlled SBICs. Direct the Administrator to establish and carry out an early-stage investment program to provide, through participating investment companies, equity financing to support early-stage businesses (gross annual sales of $15 million or less in any of the previous three years). Outlines investment company application requirements and selection and approval procedures. Allows the Administrator to make one or more equity financings to a participating company, with a limit of $100 million to any one company. Requires the company to make all of its investments in small businesses, of which at least 50% shall be early-stage small businesses in specified targeted industries. Establishes in the Treasury a separate account for equity financings under the program.

To amend the Small Business Investment Act of 1958 to enhance the Small Business Investment Company Program and provide for a small business early-stage investment program. 1. Short title This Act may be cited as the Small Business Innovation Act of 2013 2. Program authorization Section 303(b) of the Small Business Investment Act of 1958 ( 15 U.S.C. 683(b) issued by such companies , in a total amount that does not exceed $4,000,000,000 each fiscal year (adjusted annually to reflect increases in the Chained Consumer Price Index for All Urban Consumers (C–CPI–U), as published by the Bureau of Labor Statistics of the Department of Labor) 3. Family of funds Section 303(b)(2)(B) of the Small Business Investment Act of 1958 ( 15 U.S.C. 683(b)(2)(B) $225,000,000 $350,000,000 4. Small business early-stage investment program Title III of the Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.) is amended by adding at the end the following: D Small business early-stage investment program 399A. Definitions In this part: (1) Early-stage small business The term early-stage small business (A) is domiciled in a State or Indian country (as defined in section 1151 (B) has not generated gross annual sales revenues exceeding $15,000,000 in any of the most recent 3 full years before the date on which the Administrator makes an equity financing to a participating investment company under section 399E. (2) Eligible applicant The term eligible applicant (A) an incorporated body, limited liability company, or limited partnership organized and chartered or otherwise existing under Federal or State law for the purpose of performing the functions and conducting the activities contemplated under the program; or (B) a manager of a small business investment company. (3) Participating investment company The term participating investment company (4) Program The term program (5) Small business concern The term small business concern (6) Small business concern in a targeted industry The term small business concern in a targeted industry (7) Targeted industry The term targeted industry (A) Advanced manufacturing. (B) Agricultural technology. (C) Biotechnology. (D) Clean energy technology. (E) Digital media. (F) Environmental technology. (G) Information technology. (H) Life sciences. (I) Water technology. 399B. Establishment of program The Administrator shall establish and carry out an early-stage investment program to provide equity financing to support early-stage small businesses in accordance with this part. 399C. Administration of program The Administrator, acting through the Associate Administrator described in section 201, shall administer the program. 399D. Applications (a) Requirements for application An application to participate in the program shall include— (1) a business plan describing how the eligible applicant intends to make successful venture capital investments in early-stage small businesses and direct capital to small business concerns in targeted industries or other business sectors; (2) information regarding the relevant venture capital investment qualifications and backgrounds of the individuals responsible for the management of the eligible applicant; and (3) a description of the extent to which the eligible applicant meets the selection criteria under section 399E. (b) Applications from managers of small business investment companies The Administrator shall establish an abbreviated application process to participate in the program for applicants that are managers of small business investment companies that are licensed under section 301. The abbreviated application process shall incorporate a presumption that managers of small business investment companies that are licensed under section 301 satisfactorily meet the selection criteria under paragraphs (3) and (5) of section 399E(b). 399E. Selection of participating investment companies (a) In general Not later than 90 days after the date on which the Administrator receives an application from an eligible applicant under section 399D, the Administrator shall make a determination to conditionally approve or disapprove the eligible applicant to participate in the program and shall transmit the determination to the eligible applicant electronically and in writing. A determination to conditionally approve an eligible applicant shall identify all conditions the eligible applicant is required to satisfy for the Administrator to provide final approval to the eligible applicant to participate in the program, and shall provide a period of not less than 1 year for the eligible applicant to satisfy the conditions. (b) Selection criteria In making a determination under subsection (a), the Administrator shall consider— (1) the likelihood that the eligible applicant will meet the goals specified in the business plan of the eligible applicant; (2) the likelihood that the investments of the eligible applicant will create or preserve jobs in the United States, both directly and indirectly; (3) the character and fitness of the management of the eligible applicant; (4) the experience and background of the management of the eligible applicant; (5) the extent to which the eligible applicant will concentrate investment activities on early-stage small businesses; (6) the likelihood that the eligible applicant will achieve profitability; (7) the experience of the management of the eligible applicant with respect to establishing a profitable investment track record; (8) the extent to which the eligible applicant will concentrate investment activities on small business concerns in targeted industries; and (9) the extent to which the eligible applicant will concentrate investment activities on small business concerns in targeted industries that have received funds from an agency of the Federal Government, including— (A) the National Institutes of Health; (B) the National Science Foundation; and (C) funds received under the Small Business Innovation Research Program or the Small Business Technology Transfer Program, as such terms are defined under section 9 of the Small Business Act ( 15 U.S.C. 638 (c) Final approval (1) In general Not later than 90 days after the date on which an eligible applicant satisfies the conditions identified by the Administrator under subsection (a), the Administrator shall provide final approval to the eligible applicant to participate in the program. (2) Exception Not later than 30 days after the date on which an eligible applicant, the partnership or management agreement of which conforms to models approved by the Administrator, satisfies the conditions identified by the Administrator under subsection (a), the Administrator shall provide final approval to the eligible applicant to participate in the program. (3) Revocation of conditional approval If an eligible applicant fails to satisfy the conditions identified by the Administrator under subsection (a) in the time period required by that subsection, the Administrator shall revoke the conditional approval. 399F. Equity financings (a) In general The Administrator may make 1 or more equity financings to a participating investment company. (b) Equity financing amounts (1) Non-Federal capital An equity financing made to a participating investment company under the program may not be in an amount that exceeds the amount of the capital of the participating investment company that is not from a Federal source and that is available for investment on or before the date on which an equity financing is drawn upon by the participating investment company. The capital of the participating investment company may include legally binding commitments with respect to capital for investment. (2) Limitation on aggregate amount The aggregate amount of all equity financings made to a participating investment company under the program may not exceed $100,000,000. (c) Equity financing process In making an equity financing under the program, the Administrator shall commit an equity financing amount to a participating investment company, and the amount of each commitment shall remain available to be drawn upon by a participating investment company— (1) for new-named investments, during the 5-year period beginning on the date on which the commitment is first drawn upon by the participating investment company; and (2) for follow-on investments and management fees, during the 10-year period beginning on the date on which the commitment is first drawn upon by the participating investment company, with not more than 2 additional 1-year periods available at the discretion of the Administrator. (d) Commitment of funds Not later than 2 years after the date on which funds are appropriated for the program, the Administrator shall make commitments for equity financings. 399G. Investments in early-stage small businesses (a) In general As a condition of receiving an equity financing under the program, a participating investment company shall make all of the investments of the participating investment company made with amounts received under the program, including securities, promissory notes, or other obligations, in small business concerns, of which at least 50 percent of the total amount of such investments shall be in early-stage small businesses in targeted industries. (b) Evaluation of compliance After a participating investment company has expended not less than 50 percent of the amount of an equity financing commitment made under section 399F, the Administrator shall evaluate the compliance of the participating investment company with the requirements under subsection (a). (c) Waiver The Administrator may waive the requirements for a participating investment company under subsection (a) if the Administrator determines that it is in the best interest of the long term solvency of the fund established in section 399J. 399H. Pro rata investment shares Each investment made by a participating investment company under the program shall be treated as comprised of capital from equity financings under the program according to the ratio that capital from equity financings under the program bears to all capital available to the participating investment company for investment. 399I. Equity financing interest (a) Equity financing Interest (1) In general As a condition of receiving an equity financing under the program, a participating investment company shall convey an equity financing interest to the Administrator in accordance with paragraph (2). (2) Effect of conveyance The equity financing interest conveyed under paragraph (1)— (A) shall have all the rights and attributes of other investors attributable to their interests in the participating investment company; (B) shall not denote control or voting rights to the Administrator; and (C) shall entitle the Administrator to a pro rata portion of any distributions made by the participating investment company equal to the percentage of capital in the participating investment company that the equity financing comprises, which shall be made at the same times and in the same amounts as any other investor in the participating investment company with a similar interest. (3) Allocations A participating investment company shall make allocations of income, gain, loss, deduction, and credit to the Administrator with respect to the equity financing interest as if the Administrator were an investor. (b) Manager profits As a condition of receiving an equity financing under the program, the manager profits interest payable to the managers of a participating investment company under the program shall not exceed 20 percent of profits, exclusive of any profits that may accrue as a result of the capital contributions of any such managers with respect to the participating investment company. Any excess of manager profits interest, less taxes payable thereon, shall be returned by the managers and paid to the investors and the Administrator in proportion to the capital contributions and equity financings paid in. No manager profits interest (other than a tax distribution) shall be paid before the repayment to the investors and the Administrator of all contributed capital and equity financings made. (c) Distribution requirements As a condition of receiving an equity financing under the program, a participating investment company shall make all distributions to all investors in cash and shall make distributions within a reasonable time after exiting investments, including following a public offering or market sale of underlying investments. 399J. Fund There is established in the Treasury a separate account (in this section referred to as the fund 399K. Application of other sections To the extent not inconsistent with requirements under this part, the Administrator may apply sections 309, 311, 312, 313, and 314 to activities under this part, and an officer, director, employee, agent, or other participant in a participating investment company shall be subject to the requirements under such sections. 399L. Annual reporting The Administrator shall include information on the performance of the program in the annual performance report of the Administration required to be submitted under section 10(a) of the Small Business Act (15 U.S.C. 639(a)). .

Small Business Innovation Act of 2013

Medicaid Information Technology to Enhance Community Health Act of 2013 or MITECH Act - Amends title XIX (Medicaid) of the Social Security Act to extend payments to encourage the adoption and use of certified electronic health record (EHR) technology to qualified safety net clinics (QSNCs). Defines a QSNC as a clinic or network of clinics operated by a private non-profit or public entity at least 30% percent of whose patient volume is attributable to needy individuals. Defines a "QSNC-based" individual as one who furnishes substantially all of his or her professional services in a QSNC and through use of the clinic's facilities and equipment, including qualified EHRs. Directs the Secretary of Health and Human Services (HHS) to establish a procedure through which a QSNC may demonstrate meaningful use of certified EHR technology in order to receive incentive payments.

To encourage the adoption and use of certified electronic health record technology by safety net providers and clinics. 1. Short title This Act may be cited as the Medicaid Information Technology to Enhance Community Health Act of 2013 MITECH Act 2. Incentives for adoption and use of EHR Technology by safety net clinics and providers Section 1903(t) of the Social Security Act ( 42 U.S.C. 1396b(t) (1) in paragraph (2)— (A) in subparagraph (A)— (i) in clause (i), by inserting or QSNC-based hospital-based (ii) in clause (ii)— (I) by inserting or QSNC-based hospital-based (II) by striking and or (iii) in clause (iii), by striking who practices predominantly in a Federally qualified health center or rural health clinic subject to paragraph (11)(C), who practices predominantly in a Federally qualified health center, rural health clinic, or qualified safety net clinic (B) in subparagraph (B)— (i) in clause (i), by striking or (ii) in clause (ii), by striking the period at the end and inserting , or (iii) by adding at the end the following new clause: (iii) subject to paragraph (11), a qualified safety net clinic (as defined in paragraph (3)(G)). ; (2) in paragraph (3)— (A) in subparagraph (B)(v), by striking rural health clinic rural health clinic, Federally qualified health center, or qualified safety net clinic that is led by a physician assistant. (B) by adding at the end the following new subparagraphs: (G) The term qualified safety net clinic (H) The term QSNC-based ; (3) in paragraph (5)— (A) in subparagraph (A), by inserting clause (i) or (ii) of paragraph (2)(B) (B) by adding at the end the following new subparagraph: (E) For purposes of payments described in paragraph (1)(B) to a Medicaid provider described in paragraph (2)(B)(iii), the Secretary shall establish a methodology for determining the maximum amount of payment permitted for each such provider. ; and (4) by adding at the end the following new paragraph: (11) (A) Not later than January 1, 2015, the Secretary, in consultation with States and other relevant stakeholders, shall promulgate regulations to establish a procedure through which a qualified safety net clinic may demonstrate meaningful use of certified EHR technology by such clinic for purposes of satisfying the requirement described in paragraph (6)(C)(i)(II). (B) A qualified safety net clinic shall not be eligible to receive payments described in paragraph (1)(B) before the date on which the Secretary establishes the procedure described in subparagraph (A). On and after that date, a qualified safety net clinic may receive such payments if the qualified safety net clinic notifies the Secretary that the qualified safety net clinic elects to receive such payments in lieu of the Secretary making payments described in paragraph (1)(A) to the eligible professionals who practice predominately in the qualified safety net clinic. (C) On or after the date that the Secretary establishes the procedure described in subparagraph (A), an eligible professional who practices predominately in a qualified safety net clinic, as described in paragraph (2)(A)(iii), shall not be eligible to receive payments described in paragraph (1)(A) if the qualified safety net clinic receives payments described in paragraph (1)(B). .

MITECH Act

Amends the Internal Revenue Code to provide for an increase in the limitation on the election to accelerate the alternative minimum tax (AMT) credit in lieu of bonus depreciation for certain property placed in service by a corporation after December 31, 2012.

To amend the Internal Revenue Code of 1986 to raise the limitation on the election to accelerate the AMT credit in lieu of bonus depreciation for 2013. 1. Temporary increase in limitation on election to accelerate the AMT credit in lieu of bonus depreciation (a) In general Subparagraph (J) of section 168(k)(4) (v) Special maximum increase amount for 2013 In the case of round 3 extension property placed in service by a corporation— (I) subparagraph (C)(iii) shall not apply, and (II) the term maximum increase amount . (b) Effective date The amendment made by this section shall apply to property placed in service after December 31, 2012, in taxable years ending after such date.

A bill to amend the Internal Revenue Code of 1986 to raise the limitation on the election to accelerate the AMT credit in lieu of bonus depreciation for 2013.

Lawsuit Abuse Reduction Act of 2013 - Amends the sanctions provisions in Rule 11 of the Federal Rules of Civil Procedure to require the court to impose an appropriate sanction on any attorney, law firm, or party that has violated, or is responsible for the violation of, the rule with regard to representations to the court. Requires any sanction to compensate parties injured by the conduct in question. Removes a provision that prohibits filing a motion for sanctions if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets. Authorizes the court to impose additional sanctions, including striking the pleadings, dismissing the suit, nonmonetary directives, or penalty payments if warranted for effective deterrence.

To amend rule 11 of the Federal Rules of Civil Procedure to improve attorney accountability, and for other purposes. 1. Short title This Act may be cited as the Lawsuit Abuse Reduction Act of 2013 2. Attorney accountability (a) Sanctions under Rule 11 Rule 11(c) of the Federal Rules of Civil Procedure is amended— (1) in paragraph (1), by striking may shall (2) in paragraph (2), by striking Rule 5 motion. rule 5. (3) in paragraph (4), by striking situated situated, and to compensate the parties that were injured by such conduct. Subject to the limitations in paragraph (5), the sanction shall consist of an order to pay to the party or parties the amount of the reasonable expenses incurred as a direct result of the violation, including reasonable attorneys’ fees and costs. The court may also impose additional appropriate sanctions, such as striking the pleadings, dismissing the suit, or other directives of a nonmonetary nature, or, if warranted for effective deterrence, an order directing payment of a penalty into the court (b) Rule of Construction Nothing in this Act or an amendment made by this Act shall be construed to bar or impede the assertion or development of new claims, defenses, or remedies under Federal, State, or local laws, including civil rights laws, or under the Constitution of the United States.

Lawsuit Abuse Reduction Act of 2013

Permits the continued operation of trucks on any segment of U.S. Highway 78 in Mississippi designated as a highway on the Interstate System. Prohibits application of federal weight limitations to those trucks that could operate legally on such a segment before that designation.

To retain the existing vehicle weight limitations for vehicles traveling along any segment of U.S. Highway 78 within Mississippi after such segment is incorporated into the Interstate Highway System. 1. Retention of vehicle weight limitations on U.S. Highway 78 Section 127(a) (1) by redesignating paragraph (12) as paragraph (13); and (2) by inserting after paragraph (11) the following: (12) With respect to all segments of the Interstate Highway System within Mississippi that were previously designated as U.S. Highway 78, the single axle weight, tandem axle weight, gross vehicle weight, and bridge formula limits set forth in paragraph (2) shall not apply to a vehicle using any such segment if the vehicle could have legally operated on such segment before it was designated as part of the Interstate Highway System. .

A bill to retain the existing vehicle weight limitations for vehicles traveling along any segment of U.S. Highway 78 within Mississippi after such segment is incorporated into the Interstate Highway System.

Saving Money and Reducing Tragedies through Prevention Act of 2013 or the SMART Prevention Act of 2013 - Amends the Violence against Women Act of 1994 (VAWA) to replace provisions regarding grants to assist children and youth exposed to violence with a Saving Money and Reducing Tragedies through Prevention (SMART Prevention) grant program. Authorizes the Attorney General to award grants for the purpose of preventing domestic violence, dating violence, sexual assault, and stalking (such violence) by taking a comprehensive approach that focuses on youth, children exposed to violence, and men as leaders and influencers of social norms. Permits the use of grant funds to develop, maintain, or enhance programs that: (1) change attitudes and behaviors around the acceptability of such violence and provide education and skills training to young individuals and those who influence them; (2) are designed to prevent future incidents of such violence by preventing, reducing, and responding to children's exposure to violence in the home; and (3) work with men to prevent such violence by helping men to serve as role models and social influencers of other men and youth at the individual, school, community, or statewide levels. Sets forth provisions regarding: (1) eligible entities to receive grants; (2) grantee requirements; and (3) fund allotments, including for Indian tribes or tribal organizations. Repeals provisions of: (1) VAWA regarding development of curricula and pilot programs for home visitation projects and regarding engaging men and youth in preventing such violence, and (2) the Violence Against Women and Department of Justice Reauthorization Act of 2005 regarding a public awareness campaign regarding domestic violence against pregnant women.

To save money and reduce tragedies through prevention grants. 1. Short title This Act may be cited as the Saving Money and Reducing Tragedies through Prevention Act of 2013 SMART Prevention Act of 2013 2. Saving money and reducing tragedies through prevention grants (a) SMART prevention Section 41303 of the Violence Against Women Act of 1994 ( 42 U.S.C. 14043d–2 41303. Saving Money and Reducing Tragedies through Prevention (SMART Prevention) (a) Grants authorized The Attorney General, in consultation with the Secretary of Health and Human Services and the Secretary of Education, is authorized to award grants for the purpose of preventing domestic violence, dating violence, sexual assault, and stalking by taking a comprehensive approach that focuses on youth, children exposed to violence, and men as leaders and influencers of social norms. (b) Use of funds Funds provided under this section may be used for the following purposes: (1) Teen dating violence awareness and prevention To develop, maintain, or enhance programs that change attitudes and behaviors around the acceptability of domestic violence, dating violence, sexual assault, and stalking and provide education and skills training to young individuals and individuals who influence young individuals. The prevention program may use evidence-based, evidence-informed, or innovative strategies and practices focused on youth. Such a program should include— (A) age and developmentally appropriate education on domestic violence, dating violence, sexual assault, stalking, and sexual coercion, as well as healthy relationship skills, in school, in the community, or in health care settings; (B) community-based collaboration and training for those with influence on youth, such as parents, teachers, coaches, health-care providers, faith-leaders, older teens, and mentors; (C) education and outreach to change environmental factors contributing to domestic violence, dating violence, sexual assault, and stalking; and (D) policy development targeted to prevention, including school-based policies and protocols. (2) Children exposed to violence and abuse To develop, maintain or enhance programs designed to prevent future incidents of domestic violence, dating violence, sexual assault, and stalking by preventing, reducing and responding to children’s exposure to violence in the home. Such programs may include— (A) providing services for children exposed to domestic violence, dating violence, sexual assault or stalking, including direct counseling or advocacy, and support for the non-abusing parent; and (B) training and coordination for educational, after-school, and childcare programs on how to safely and confidentially identify children and families experiencing domestic violence, dating violence, sexual assault, or stalking and properly refer children exposed and their families to services and violence prevention programs. (3) Engaging men as leaders and role models To develop, maintain or enhance programs that work with men to prevent domestic violence, dating violence, sexual assault, and stalking by helping men to serve as role models and social influencers of other men and youth at the individual, school, community or statewide levels. (c) Eligible entities To be eligible to receive a grant under this section, an entity shall be— (1) a victim service provider, community-based organization, tribe or tribal organization, or other non-profit, nongovernmental organization that has a history of effective work preventing domestic violence, dating violence, sexual assault, or stalking and expertise in the specific area for which they are applying for funds; or (2) a partnership between a victim service provider, community-based organization, tribe or tribal organization, or other non-profit, nongovernmental organization that has a history of effective work preventing domestic violence, dating violence, sexual assault, or stalking and at least one of the following that has expertise in serving children exposed to domestic violence, dating violence, sexual assault, or stalking, youth domestic violence, dating violence, sexual assault, or stalking prevention, or engaging men to prevent domestic violence, dating violence, sexual assault, or stalking: (A) A public, charter, tribal, or nationally accredited private middle or high school, a school administered by the Department of Defense under section 2164 of title 10, United States Code, or section 1402 of the Defense Dependents' Education Act of 1978, a group of schools, or a school district. (B) A local community-based organization, population-specific organization, or faith-based organization that has established expertise in providing services to youth. (C) A community-based organization, population-specific organization, university or health care clinic, faith-based organization, or other non-profit, nongovernmental organization with a demonstrated history of effective work addressing the needs of children exposed to domestic violence, dating violence, sexual assault, or stalking. (D) A nonprofit, nongovernmental entity providing services for runaway or homeless youth affected by domestic violence, dating violence, sexual assault, or stalking. (E) Health care entities eligible for reimbursement under title XVIII of the Social Security Act, including providers that target the special needs of children and youth. (F) Any other agencies, population-specific organizations, or nonprofit, nongovernmental organizations with the capacity to provide necessary expertise to meet the goals of the program. (d) Grantee requirements (1) In general Applicants for grants under this section shall prepare and submit to the Director an application at such time, in such manner, and containing such information as the Director may require that demonstrates the capacity of the applicant and partnering organizations to undertake the project. (2) Policies and procedures Applicants under this section shall establish and implement policies, practices, and procedures that— (A) include appropriate referral systems to direct any victim identified during program activities to highly qualified follow-up care; (B) protect the confidentiality and privacy of adult and youth victim information, particularly in the context of parental or third party involvement and consent, mandatory reporting duties, and working with other service providers; (C) ensure that all individuals providing prevention programming through a program funded under this section have completed or will complete sufficient training in connection with domestic violence, dating violence, sexual assault or stalking; and (D) document how prevention programs are coordinated with service programs in the community. (3) Preference In selecting grant recipients under this section, the Attorney General shall give preference to applicants that— (A) include outcome-based evaluation; and (B) identify any other community, school, or State-based efforts that are working on domestic violence, dating violence, sexual assault, or stalking prevention and explain how the grantee or partnership will add value, coordinate with other programs, and not duplicate existing efforts. (e) Definitions and grant conditions (1) In general In this section and except as provided in paragraph (2), the definitions and grant conditions provided for in section 40002 shall apply. (2) Youth In this section, the term youth (f) Authorization of appropriations There is authorized to be appropriated to carry out this section, $15,000,000 for each of fiscal years 2014 through 2018. Amounts appropriated under this section may only be used for programs and activities described under this section. (g) Allotment (1) In general Not less than 25 percent of the total amounts appropriated under this section in each fiscal year shall be used for each set of purposes described in paragraphs (1), (2), and (3) of subsection (a). (2) Indian tribes Not less than 10 percent of the total amounts appropriated under this section in each fiscal year shall be made available for grants to Indian tribes or tribal organizations. If an insufficient number of applications are received from Indian tribes or tribal organizations, such funds shall be allotted to other population-specific programs. . (b) Repeals The following provisions are repealed: (1) Sections 41304 and 41305 of the Violence Against Women Act of 1994 (42 U.S.C. 14043d–3 and 14043d–4). (2) Section 403 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 14045c).

SMART Prevention Act of 2013

Protecting Domestic Violence and Stalking Victims Act of 2013 - Amends the Brady Handgun Violence Prevention Act to revise the definition of: (1) "intimate partner" to include a dating partner and any other person similarly situated to a spouse who is protected by the domestic or family violence laws of the state or tribal jurisdiction in which the injury occurred or where the victim resides; and (2) "misdemeanor crime of domestic violence” to include the use or attempted use of physical force or a deadly weapon by a current or former intimate partner. Prohibits: (1) the sale or other disposition of a firearm or ammunition to any person knowing or having reasonable cause to believe that such person has been convicted of a misdemeanor crime of stalking; and (2) the shipment or possession of a firearm or ammunition in interstate or foreign commerce, or the receipt of a firearm or ammunition that has been transported in interstate or foreign commerce, by an individual who has been convicted of a misdemeanor crime of stalking.

To protect victims of stalking from gun violence. 1. Short title This Act may be cited as the Protecting Domestic Violence and Stalking Victims Act of 2013 2. Addition of dating partners and individuals subject to restraining orders (a) Definition Section 921(a) of title 18, United States Code, is amended— (1) by striking paragraph (32) and inserting the following: (32) The term intimate partner (A) means with respect to a person, the spouse of the person, a former spouse of the person, an individual who is a parent of a child of the person, and an individual who cohabitates or has cohabited with the person; and (B) includes— (i) a dating partner (as defined in section 2266); and (ii) any other person similarly situated to a spouse who is protected by the domestic or family violence laws of the State or tribal jurisdiction in which the injury occurred or where the victim resides. ; and (2) in paragraph (33)(A)(ii)— (A) by inserting intimate partner, former spouse, (B) by inserting intimate partner, a spouse, (b) Addition of stalking Section 922 of title 18, United States Code, is amended— (1) in subsection (d)— (A) in paragraph (8)(ii), by striking or (B) in paragraph (9), by striking the period at the end and inserting ; or (C) by inserting after paragraph (9) the following: (10) has been convicted in any court of a misdemeanor crime of stalking. ; and (2) in subsection (g)— (A) in paragraph (8)(C)(ii), by striking or (B) in paragraph (9), by striking the comma at the end and inserting ; or (C) by inserting after paragraph (9) the following: (10) has been convicted in any court of a misdemeanor crime of stalking, .

Protecting Domestic Violence and Stalking Victims Act of 2013

Family Engagement in Education Act of 2013 - Amends title I (Improving the Academic Achievement of the Disadvantaged) of the Elementary and Secondary Education Act of 1965 (ESEA) to authorize states to reserve school improvement funds to: award a grant to a statewide nonprofit organization to establish a Statewide Family Engagement Center that provides comprehensive training, technical assistance, and capacity building to local educational agencies (LEAs), organizations that support family-school partnerships, and other organizations that carry out parent education and family engagement in education programs; award grants to nonprofit organizations or Indian tribes or organizations that partner with LEAs or schools to establish and operate Local Family Engagement Centers that assist families in becoming engaged in their childrens' education; and develop and implement a statewide family engagement in education plan. Requires each state school improvement plan to include a plan for strengthening family engagement in education. Requires each LEA and school receiving school improvement funds to develop policies and practices for family engagement in education that meet specified principles and standards. Increases the percentage of school improvement funds that LEAs must reserve for family engagement activities. Requires at least 75% of those reserved funds to be distributed to schools served under the school improvement program. Requires states and correctional facilities to work with family members and aftercare providers in developing educational services and transition plans for youth following their stay in state and local institutions for neglected or delinquent youth. Requires the Director of the Institute of Education Sciences to develop recommended metrics on family engagement in education for states and LEAs and to make recommendations on the integration of those metrics into state accountability and longitudinal data systems. Directs the Secretary of Education to conduct research on effective family engagement in education. Requires states to use part of their grant under part A (Teacher and Principal Training and Recruiting Fund) of title II of the ESEA to train teachers and principals to effectively engage families in their children's education. Repeals programs authorizing the Secretary to award grants to: (1) nonprofit organizations and consortia of those organizations and LEAs to establish parental information and resource centers, and (2) local nonprofit parent organizations to support local family information centers.

To strengthen families' engagement in the education of their children. 1. Short title This Act may be cited as the Family Engagement in Education 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. Findings; purpose. Sec. 4. Amendment references. Sec. 5. Family engagement in education. Sec. 6. State plans. Sec. 7. Local educational agency plans. Sec. 8. Family engagement in education policy. Sec. 9. Prevention and intervention programs for children and youth who are neglected, delinquent, or at risk. Sec. 10. Research and evaluation for family engagement in education. Sec. 11. High-quality teachers and principals. Sec. 12. Definitions. Sec. 13. Repeal of Parental Assistance and Local Family Information Centers. Sec. 14. Conforming amendments. Sec. 15. Government Accountability Office study and report. 3. Findings; purpose (a) Findings Congress finds the following: (1) Family engagement in a child's education raises student achievement, improves behavior and attendance, decreases drop-out rates, and improves the emotional and physical well-being of children. (2) Families are critical determinants of children's school readiness as well as of students' decision to pursue higher education. (3) Effective family engagement is a great equalizer for students, contributing to their increased academic achievement, regardless of parents' education level, ethnicity, or socioeconomic background. (4) Research on school improvement has identified meaningful partnerships with families and communities as 1 of 5 critical ingredients necessary to turnaround chronically low-performing schools. (5) Positive benefits for children, youth, families, and schools are maximized through effective family engagement that— (A) is a shared responsibility in which schools and other community agencies and organizations are committed to reaching out to engage families in meaningful ways and families are committed to actively supporting their children's learning and development; (B) is continuous across a child's life from birth to young adulthood; and (C) reinforces learning that takes place in all settings. (b) Purpose The purpose of this Act is to increase student success and foster school improvement by strengthening families’ engagement in the education of their children. 4. Amendment references 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 Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. 5. Family engagement in education (a) Family engagement and responsibility fund Title I ( 20 U.S.C. 6301 et seq. 1005. Family engagement and responsibility fund (a) In general Each State educational agency shall reserve not less than 0.3 percent and not more than 1 percent of such agency's allocated funds under section 1122 for each fiscal year for use as provided in subsection (b). (b) Use of reserved funds From the amounts reserved for each fiscal year under subsection (a), each State educational agency— (1) shall establish a Statewide Family Engagement Center under section 1006; (2) shall establish at least 1 Local Family Engagement Center under section 1007; and (3) may allocate any funds remaining after carrying out paragraphs (1) and (2) for building State educational agency capacity for family engagement activities under section 1008. (c) Special rule If a State's allocation under section 1122 for a fiscal year is less than $60,000,000, and such State determines that such allocation is insufficient to establish a center of sufficient size and scope to meet the requirements of paragraphs (1) and (2) of subsection (b), such State may use its allocation for activities under section 1008. . (b) Statewide Family Engagement Centers Program Title I ( 20 U.S.C. 6301 et seq. 1006. Statewide Family Engagement Centers (a) Grants authorized From the funds reserved under section 1005, each State shall award a grant or contract to a statewide nonprofit organization to establish a Statewide Family Engagement Center to provide comprehensive training, technical assistance, and capacity-building to local educational agencies, organizations that support family-school partnerships, and other organizations that carry out parent education and family engagement in education programs. (b) Applications (1) In general Each statewide nonprofit organization that desires a grant under this section shall submit an application to the State at such time, in such manner, and accompanied by such information as the State may require. (2) Contents Each application submitted under paragraph (1) shall include, at a minimum, the following: (A) A description of the applicant's approach to family engagement in education, including the use of strength-based strategies. (B) A description of the applicant's plan for improving statewide capacity for family engagement in education, that includes— (i) management capacity and governance; (ii) statewide leadership; (iii) systemic services for family engagement in education; (iv) capacity-building for local educational agencies, and schools served under this title; and (v) student learning and school improvement. (C) A description of the applicant's experience in providing training, information, and support to local educational agencies, schools, and nonprofit organizations on family engagement in education policies and practices that are effective for low-income parents and families, limited English proficient individuals, minorities, parents of students with disabilities, parents of homeless students, foster parents and students, parents of migrant students, and parents of Indian and Native Hawaiian students, where applicable. (D) An assurance that the Statewide Family Engagement Center will— (i) be governed by a board of directors, the membership of which includes parents of school-aged children; (ii) have a process for outreach and consultation with— (I) parents of children from birth through young adulthood; (II) representatives of the State parent-teacher association; (III) representatives of education professionals with expertise in improving services for disadvantaged children; (IV) representatives of local elementary schools and secondary schools, including students, disadvantaged youth, and representatives from local youth organizations; and (V) representatives of a State educational agency, a local educational agency, and an Indian tribe; (iii) operate a center of sufficient size, scope, and quality to ensure that the center is adequate to serve the State educational agency, local educational agencies, and community-based organizations; (iv) serve urban, suburban, and rural local educational agencies and schools; (v) work with— (I) the State educational agency, local educational agencies (including local educational agencies receiving funds under section 7113), and schools; (II) Local Family Engagement Centers assisted under section 1007; (III) parent training and information centers and community parent resource centers assisted under sections 671 and 672 of the Individuals with Disabilities Education Act; and (IV) other organizations and agencies; (vi) use not less than 20 percent of the funds received under this section in each fiscal year to establish or expand technical assistance for evidence-based early childhood parent education programs that focus on successful transition to school; (vii) provide assistance to the State educational agency, local educational agencies, Indian tribes, and community-based organizations that support family members in areas such as assistance in understanding State and local standards and measures of student and school academic achievement and strategies for supporting school academic achievement; (viii) work with the State educational agency, local educational agencies, Indian tribes, and schools to determine parental needs and the best means for delivery of services to address such needs; and (ix) meet the requirements for matching funds under subsection (d). (c) Use of funds A statewide nonprofit organization that receives a grant under this section shall use the grant funds to provide training, technical assistance, and capacity-building in coordination with the State educational agency, local educational agencies, Indian tribes, and organizations that support family-school partnerships to— (1) assist parents in participating effectively in their children's education and to help their children meet State and local standards, such as assisting parents— (A) to engage in activities that will improve student academic achievement, including understanding how they can support learning in the classroom with activities at home and in afterschool and extracurricular programs; (B) to communicate effectively with their children, teachers, principals, counselors, administrators, and other school personnel; (C) to become active participants in the development, implementation, and review of school-parent compacts, family engagement in education policies, and school planning and improvement; (D) to participate in the design and provision of assistance to students who are not making adequate academic progress; (E) to participate in State and local decisionmaking; (F) to train other parents; and (G) to help the parents learn and use technology applied in their children's education; (2) assist the State educational agency in developing and implementing a statewide family engagement in education policy and systemic initiatives that will provide for a continuum of services to remove barriers for family engagement in education and support school reform efforts; (3) assist in the development, implementation, and assessment of family engagement in education policies and plans under sections 1112 and 1118; and (4) supplement the family engagement activities under section 7115 and coordinate with the Bureau of Indian Education and Indian tribes to improve family engagement in education policies and programs, where applicable. (d) Matching funds for grant renewal For each fiscal year after the first fiscal year for which a statewide nonprofit organization receives a grant under this section, the organization shall demonstrate in the application that a portion of the services provided by the organization, as determined by the State, is supported through non-Federal contributions, which may be in cash or in-kind. (e) Submission of information Each statewide nonprofit organization that receives a grant under this section shall submit to the State, on an annual basis, information on the activities it has carried out using grant funds received under this section, including reporting on metrics developed under section 1505 and reporting on the recommendations provided by the special advisory committee and the actions taken in response to such recommendations. (f) Rule of construction Nothing in this section shall be construed to prohibit a Statewide Family Engagement Center from— (1) having its employees or agents meet with a parent at a site that is not on school grounds; or (2) working with another agency that serves children. (g) Parental rights Notwithstanding any other provision of this section— (1) no person (including a parent who educates a child at home, a public school parent, or a private school parent) shall be required to participate in any program of parent education or developmental screening under this section; and (2) no program or center assisted under this section shall take any action that infringes in any manner on the right of a parent to direct the education of their children. 1007. Local Family Engagement Centers Program (a) Purpose The purpose of this section is to establish and operate Local Family Engagement Centers and to evaluate the usefulness and effectiveness of innovative approaches demonstrated by these centers in engaging families in their children’s education by providing training, services, supports, and opportunities that meet families' needs and remove barriers to their engagement in their children’s education to improve student achievement. (b) Grants authorized From the funds reserved to carry out this section under section 1005(b)(2), a State educational agency shall award grants or enter into contracts and cooperative agreements with eligible entities to establish and operate Local Family Engagement Centers. (c) Priority In making grants under this section, the State shall give priority to eligible entities that propose to serve communities with the greatest need, as determined by the State. (d) Eligible Entity In this section, the term eligible entity (1) has a demonstrated record of working with low-income parents and families in the community; (2) is located in a community with elementary schools and secondary schools that receive funds under part A and is accessible to families of students in those schools; and (3) is partnering with 1 or more local educational agencies or 1 or more schools that receive funds under part A. (e) Application for grants To receive a grant under this section, an eligible entity shall submit an application to the State educational agency at such time, in such manner, and accompanied by such information as the State educational agency may require, including— (1) a description of the entity's approach on family engagement in education, including its use of strength-based strategies; (2) information demonstrating that the applicant meets the definition of an eligible entity; (3) information that the applicant has the capacity to structure and operate a center of sufficient scope and quality adequate to serve the needs of the local area in which it is located; (4) a description of the entity’s experience in providing training, services, and support to low-income parents and families, English language learners, minorities, parents of students with disabilities, parents of homeless students, foster parents, parents of Indian and Native Hawaiian students, and parents of migrant students; (5) a description of the collaboration with the local educational agency or school personnel in the area to be served by the center; (6) a description of the steering committee, a majority of whose members are parents of students in schools that receive funds under part A, who will be targeted for services by the Local Family Engagement Center, that will direct and implement the activities of the Local Family Engagement Center; (7) a description of how the entity will coordinate its efforts with the Statewide Family Engagement Center; (8) information that the applicant is capable of meeting milestones or deadlines as the State educational agency may prescribe; and (9) such other information as the State educational agency determines necessary. (f) Uses of funds An eligible entity that receives a grant under this section shall establish and operate a Local Family Engagement Center and use the grant funds to provide training, services, and supports to engage families in their children’s education and to build the school-family partnerships necessary to ensure that all children are on track to graduate from high school ready for college and careers, such as through— (1) assisting parents and families in understanding how they can improve student achievement, including how to access ongoing student performance data and related information to support learning in the classroom with activities at home, and in afterschool and extracurricular activities; (2) assisting parents and families in supporting on-time graduation, including understanding early warning indicators that a student is at risk of not graduating on time; (3) assisting parents and families in understanding how they can prepare their children academically, socially, and financially for postsecondary education, including early awareness of the availability of student financial assistance and career and technical education opportunities; (4) training parents and families on effective ongoing communication with their children, teachers, principals, counselors, administrators, and other school personnel; (5) providing direct services to families, such as home visitation, family literacy programs, and health and behavioral health services to meet the needs of families and remove barriers for engaging in the education of their children; (6) providing advocacy services to ensure that families can fully participate in their children’s education; (7) providing supports such as transportation, childcare, and meals to facilitate family engagement in education in programs implemented or assisted by the Center; and (8) improving the coordination, availability, and effectiveness of integrated services and comprehensive supports for children and families. (g) Evaluation and annual report A State educational agency shall— (1) evaluate the effectiveness of the grants funded under this section and section 1006; and (2) issue an annual report on the implementation of such grants, describing any practices the State determines to be most effective or innovative for fulfilling the purposes of the Local Family Engagement Centers. 1008. State educational agency capacity for family engagement activities Each State may use funds reserved under section 1005(b)(3) to support the development and implementation of the statewide family engagement in education plan described in section 1111(d) through activities such as— (1) supporting an office or staff positions within the agency dedicated to family engagement in education; (2) carrying out the State’s responsibilities under sections 1006 and 1007; (3) developing and implementing a statewide data collection and evaluation system on family engagement in education metrics to identify schools that would benefit from training and support related to family engagement in education; (4) reviewing local educational agencies’ family engagement in education policies and practices as provided by sections 1112(b)(1)(P) and 1118(i), and evaluating the use of funds under this section; (5) coordinating technical assistance and support to local educational agencies, including local educational agencies receiving funds under section 7113, with schools that would benefit from training and support related to family engagement in education; (6) developing curricula for professional development for teachers, principals, school librarians, and other school leaders on improving family engagement in education; (7) developing standards and curricula for family engagement in education in partnership with teacher and principal preparation programs; and (8) coordinating statewide services related to early education, higher education, child health and welfare, after-school programs, community service-learning programs, and other programs to develop coordinated family engagement in education policies, practices, and services. . (c) Conforming amendment The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 1004 the following: Sec. 1005. Family engagement and responsibility fund. Sec. 1006. Statewide Family Engagement Centers. Sec. 1007. Local Family Engagement Centers Program. Sec. 1008. State educational agency capacity for family engagement activities. . 6. State plans (a) In general Section 1111(d) ( 20 U.S.C. 6311(d) (d) Family engagement Each State plan shall include a plan for strengthening family engagement in education. Each such plan shall, at a minimum, include— (1) a description of the State's criteria and schedule for review and approval of local educational agency family engagement in education policies and practices pursuant to sections 1112(e)(3) and 1118(i); (2) a description of the State's system and process for assessing local educational agency implementation of section 1118 responsibilities; (3) a description of the State's criteria for identifying local educational agencies that would benefit from training and support related to family engagement in education; (4) a description of the State's statewide system of technical assistance and support for local educational agencies and schools on family engagement in education; (5) an assurance that the State will, when applicable, refer to the Statewide Family Engagement Center and the applicable Local Family Engagement Center those local educational agencies that would benefit from training and support related to family engagement in education; (6) a description of the procedure assuring the State educational agency will engage in timely, on-going, and meaningful consultation with representatives of Indian tribes and Native Hawaiian educational organizations located in the State in the development of the State plan to serve local educational agencies under its jurisdiction in order to improve the coordination of activities under this Act, to meet the purpose of this title, to meet the unique cultural, language, and educational needs of Indian and Native Hawaiian students, and to improve implementation of family engagement in education programs and services for parents of Indian and Native Hawaiian students; (7) a plan for using funds reserved under section 1005; and (8) a description of the relationship, as applicable, between the State educational agency and Statewide and Local Family Engagement Centers, parent training and information centers, and community parent resource centers in the State established under sections 671 and 672 of the Individuals with Disabilities Education Act. . (b) Reports (1) Annual State report Section 1111(h)(4) ( 20 U.S.C. 6311(h)(4) (A) in subparagraph (F), by striking and (B) in subparagraph (G), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (H) the number of schools and the name of each school that would benefit from training and support related to family engagement in education, the reason why such school was so identified, and the measures taken to address the need for training and support; and (I) information on the State educational agency's family engagement in education programs and activities. . (2) Technical assistance Section 1111(j) ( 20 U.S.C. 6311(j) the development and implementation of policies and procedures for family engagement in education, reliable, 7. Local educational agency plans (a) In general Section 1112(b)(1)(P) ( 20 U.S.C. 6312(b)(1)(P) (P) a description of the strategy the local educational agency will use to implement and assess family engagement in education under section 1118; . (b) Engagement in developing plans Section 1112(b)(1) ( 20 U.S.C. 6312(b)(1) (1) by redesignating subparagraph (Q) as subparagraph (T); and (2) by inserting after subparagraph (P) the following: (Q) a description of how the local educational agency will engage families in the development, implementation, and assessment of local educational agency plans; (R) a description of how the local education agency will improve teacher and principal knowledge and skills in effectively engaging parents in their children’s education; (S) a description of the procedure assuring the local educational agency will engage in timely, on-going, and meaningful consultation with representatives of Indian tribes and Native Hawaiian educational organizations located in the area served by the local educational agency in the development of the local plan in order to improve the coordination of activities under this Act, to meet the purpose of this title, to meet the unique cultural, language, and educational needs of Indian students and Native Hawaiian students, and to improve implementation of family engagement in education programs and services for parents of Indian and Native Hawaiian students; and . 8. Family engagement in education policy (a) Local educational agency development of policies and practices Section 1118 ( 20 U.S.C. 6318 (1) by redesignating subsections (a) through (h) as subsections (b) through (i), respectively; and (2) by inserting before subsection (b), as redesignated by paragraph (1), the following: (a) In general Each local educational agency and each school receiving funds under this part shall develop policies and practices for family engagement in education that meet the following principles and standards for family-school partnerships: (1) Welcome all families to be active participants in the life of the school, so that they feel valued and connected to each other, school staff, and what students are learning in class. (2) Communicate effectively by ensuring regular two-way, meaningful communication between family members and local educational agency and school staff in a manner, language, and with technology that family members can understand and access. (3) Support student success by fostering continuous collaboration between family members and local educational agency and school staff to support student learning and healthy development at school and at home. (4) Speak up for every child and empower family members to be advocates for all students within the school. (5) Ensure that family members, local educational agencies, and school staff are equal partners in family engagement in education decisionmaking. (6) Collaborate with community organizations and groups to turn the school into a hub of community life. (7) Create a continuum of family engagement in education in student learning and development from birth to young adulthood. (8) Train and support superintendents, principals, and teachers to fully engage families in the education of their children. . (b) Written policy Section 1118(b)(2), as redesignated by subsection (a), is amended— (1) in subparagraph (C), by striking subsection (e) subsection (f) (2) in subparagraph (E), by striking and (3) in subparagraph (F), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: (G) participate in evaluations of the effectiveness of family engagement in education strategies and policies; and (H) participate in developing recommendations for creating a positive school climate and safe and healthy schools. . (c) Reservation Section 1118(b)(3)(A), as redesignated by subsection (a), is amended to read as follows: (A) In general Each local educational agency shall reserve not less than 2 percent of its allocation under subpart 2 to carry out this section, except that this subparagraph shall not apply if 2 percent of such agency’s allocation under subpart 2 for the fiscal year for which the determination is made is $10,000 or less. . (d) Distribution Section 1118(b)(3)(C), as redesignated by subsection (a), is amended to read as follows: (C) Distribution Not less than 75 percent of the funds reserved under subparagraph (A) shall be distributed to schools served under this part. . (e) Reserved funds Section 1118(b)(3), as redesignated by subsection (a), is amended— (1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (2) by inserting after subparagraph (A) the following: (B) Use of funds Funds reserved under subparagraph (A) may be used for the following: (i) Increasing capacity through establishment of a dedicated office or dedicated personnel within the local educational agency or at the school level for family engagement in education. (ii) Supporting schools and nonprofit organizations in providing professional development on family engagement in education for school staff, parent leadership training, family literacy and numeracy programs, home visitation programs, family volunteerism programs, and other innovative programs that meaningfully engage families. (iii) Developing and implementing local educational agency family engagement in education data-collection systems and indicators. (iv) Providing technical assistance and training to schools on the implementation and assessment of family engagement in education policies and practices. (v) Providing additional support to schools that have been identified for improvement under section 1116(b) to assist in their implementation of family engagement in education, including the hiring and maintenance of family engagement in education coordinators. (vi) Partnering with the Statewide Family Engagement Center and the applicable Local Family Engagement Centers or community-based organizations to identify community resources, services, and supports to remove economic obstacles to family engagement in education by meeting families’ needs. (vii) Supporting schools and eligible entities in the development and implementation of research-based family practices in programs that emphasize the importance of family engagement in education, including— (I) successful transitions from early learning to kindergarten through grade 12 settings; (II) improved understanding of and shared responsibility for student success; (III) use of student and school data; (IV) importance of open, effective communication between schools and families; (V) early warning indicators that a student is at risk of not graduating on time; (VI) parent and community advocacy to increase parent participation; and (VII) improved understanding of the parents’ role in academic, social, and financial preparation for postsecondary education, including career and technical education. (viii) Assisting schools in the development, implementation, and assessment of family engagement in education plans. (ix) Monitoring and evaluating the family engagement in education policies and practices funded under this section. (x) Supporting other activities approved in the local education agency’s plan for improving family engagement in education. . (f) School parental involvement policy Section 1118(c)(1), as redesignated by subsection (a), is amended in the first sentence by striking subsections (c) through (f) subsections (d) through (g) (g) Shared responsibility for high student academic achievement Section 1118(e), as redesignated by subsection (a), is amended— (1) in the matter preceding paragraph (1), by striking subsection (b) subsection (c) (2) by striking paragraph (1) and inserting the following: (1) describe the school’s responsibility to— (A) provide high-quality curriculum and instruction in a supportive and effective learning environment that enables the children served under this part to meet the State’s student academic achievement standards, and the ways in which each parent will support their children’s learning, such as— (i) monitoring attendance and homework completion; (ii) volunteering in their child’s classroom or school; and (iii) participating, as appropriate, in decisions relating to the education of their children and positive use of extracurricular time; and (B) engage family members in the development of recommendations for student attendance, expectations, behavior, and school safety, including the development of reasonable disciplinary policies and behavioral interventions, such as the implementation of school-wide positive behavior interventions and supports and the phase-out of out-of-school suspension and expulsion; and . 9. Prevention and intervention programs for children and youth who are neglected, delinquent, or at risk (a) State plan and state agency applications Section 1414 ( 20 U.S.C. 6434 (1) in subsection (a)(1)— (A) in subparagraph (B), by striking and (B) by redesignating subparagraph (C) as subparagraph (D); and (C) by inserting after subparagraph (B) the following: (C) that contains an assurance that each child or youth serviced by the program will have a transition plan developed in partnership with families and aftercare providers that will place the child or youth on a path to career and college readiness; and ; and (2) in subsection (c)— (A) by redesignating paragraphs (15) through (19) as paragraphs (17) through (21), respectively; and (B) by inserting after paragraph (14) the following: (15) describes how the State agency will implement family engagement in education policies and practices that align with section 1118; (16) includes an assurance that the State agency will establish, for each child or youth served under this subpart, an educational services and transition plan that is developed in consultation with the child or youth, family members of the child or youth, and the local educational agency or alternative education program that will receive the child or youth following their period of service under this subpart; . (b) Local educational agency applications Section 1423 ( 20 U.S.C. 6453 (1) by redesignating paragraphs (9) through (13) as paragraphs (11) through (15), respectively; and (2) by inserting after paragraph (8) the following: (9) a description of how schools will implement family engagement in education policies and practices that align with the provisions of section 1118; (10) an assurance that the local educational agency will establish for each child or youth served under this subpart an educational services plan that is developed in consultation with the child or youth, family members of the child or youth, and the local educational agency or alternative education program receiving the child or youth following their period of service under this subpart; . (c) Program requirements for correctional facilities receiving funds under this section Section 1425 (20 U.S.C. 6455) is amended— (1) in paragraph (10), by striking and (2) by striking the period at the end of paragraph (11) and inserting a semicolon; and (3) by adding at the end the following: (12) prepare an educational services and transition plan for each child or youth served by the program, in partnership with families and aftercare providers, consistent with section 1414(a)(1)(C); and (13) establish for each child or youth residing in the facility and serviced by this subpart an educational services and transition plan that is developed in consultation with the child or youth, family members of the child or youth, and the local educational agency or alternative education program receiving the child or youth following their period of service under this subpart. . 10. Research and evaluation for family engagement in education (a) In general Part E of title I (20 U.S.C. 6491 et seq.) is amended by adding at the end the following: 1505. Research and evaluation for family engagement in education (a) Development of metrics for family engagement Not later than 1 year after the date of enactment of the Family Engagement in Education Act of 2013, the Director of the Institute of Education Sciences, after consultation with the advisory committee established under subsection (b), shall develop recommended metrics on family engagement in education for State educational agencies that reserve funds under section 1005 and local educational agencies that reserve funds under section 1118 and provide recommendations on the integration of metrics into State accountability and longitudinal data systems. (b) Advisory committee The Secretary shall appoint an advisory committee, including researchers and representatives from national nonprofit organizations with expertise in family engagement in education, to make data-driven recommendations regarding metrics required under subsection (a). (c) Research for effective family engagement in education From funds appropriated to carry out this subpart, the Secretary shall conduct research on effective family engagement in education, including through awarding grants and entering into contracts with eligible entities. Such research may include— (1) exploratory research to discover the underlying processes or components of family engagement in education programs that are associated with improved education outcomes for students; (2) research to— (A) develop culturally sensitive strategies or programs for improving family engagement in education; and (B) rigorously evaluate the impact of such strategies or programs on students' education outcomes; and (3) research to— (A) develop professional development programs intended to enable school personnel to support parental involvement in education; and (B) rigorously evaluate the impact of such programs on students' education outcomes. . (b) Table of contents The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 1504 the following: Sec. 1505. Research and evaluation for family engagement in education. . 11. High-quality teachers and principals (a) State application contents Section 2112(b) ( 20 U.S.C. 6612(b) (13) A description of how the State educational agency will improve teacher and principal knowledge and skill in effectively engaging families in their children’s education. . (b) State activities Section 2113(c) ( 20 U.S.C. 6613(c) (1) by redesignating paragraphs (12) through (18) as paragraphs (13) through (19), respectively; and (2) by inserting after paragraph (11) the following: (12) Training of teachers and principals on how to effectively engage families in their children's education. . 12. Definitions Section 9101 ( 20 U.S.C. 7801 (1) by striking paragraph (32); (2) by redesignating paragraphs (20) through (31) as paragraphs (21) through (32), respectively; and (3) by inserting after paragraph (19) the following: (20) Family engagement in education The term family engagement in education (A) of families and schools for student success, in which schools and community-based organizations are committed to reaching out to engage families in meaningful ways and families are committed to actively supporting their children’s learning and development; and (B) that is continuous from birth through young adulthood and reinforces learning that takes place in the home, school, and community. . 13. Repeal of Parental Assistance and Local Family Information Centers (a) In general Part D of title V of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7241 et seq. (1) by striking subpart 16; and (2) by redesignating subparts 17, 18, 19, 20, and 21, as subparts 16, 17, 18, 19, and 20, respectively. (b) Table of contents The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended— (1) by striking the item relating to subpart 16 of part D of title V; (2) by striking the items relating to sections 5561, 5562, 5563, 5564, 5565, and 5566; and (3) by redesignating the items relating to subparts 17, 18, 19, 20, and 21 of part D of title V, as subparts 16, 17, 18, 19, and 20 of part D of title V, respectively. 14. Conforming amendments The Act (20 U.S.C. 6301 et seq.) is amended by striking— (1) parental involvement parent involvement family engagement in education (2) involvement of parents engagement of families (3) parental information and resource center Statewide Family Engagement Center (4) parental information and resource centers Statewide Family Engagement Centers (5) involve parents engage families 15. Government Accountability Office study and report (a) Study (1) In general The Comptroller General of the United States shall conduct a study, and make findings and recommendations relating to compliance with, and use of funds made available for, section 1118 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6318 (2) Inclusions The study shall include a review and analysis of— (A) the use of funds reserved by local educational agencies for family engagement in education under such section 1118; (B) the innovative, effective, replicable, or model family engagement in education policies, practices, and uses of funds of State educational agencies and local educational agencies determined by the Secretary of Education to be in alignment with section 1118; (C) any barriers to State educational agencies and local educational agencies in implementing section 1118; (D) any barriers to Indian tribes and Native Hawaiian educational organizations in developing, implementing, and assessing family engagement in education policies and practices; and (E) the use of data collection and reporting and outcome and assessment systems of State educational agencies and local educational agencies to determine the extent to which family engagement in education is implemented as described in section 1118. (b) Report Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a report containing the findings and recommendations resulting from the study conducted under this section.

Family Engagement in Education Act of 2013

Defund Obamacare Act of 2013 - Prohibits any federal funds from being made available to carry out the provisions of the Patient Protection and Affordable Care Act or the health care provisions of the Health Care and Education Reconciliation Act of 2010. Prohibits any entitlement to benefits under such provisions from remaining in effect on and after the date of the enactment of this Act. Prohibits any payments from being awarded, owed, or made to any state, district, or territory under any such provision. Rescinds any unobligated balances available under such provisions.

To prohibit the funding of the Patient Protection and Affordable Care Act. 1. Short title This Act may be cited as the Defund Obamacare Act of 2013 2. Prohibition on funding (a) In general Notwithstanding any other provision of law, no Federal funds shall be made available to carry out any provisions of the Patient Protection and Affordable Care Act (Public Law 111-148) or title I and subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 (b) Limitation No entitlement to benefits under any provision of the Patient Protection and Affordable Care Act ( Public Law 111–148 (c) Unobligated balances Notwithstanding any other provision of law, all unobligated balances available under the provisions of law referred to in subsection (a) are hereby rescinded. July 16 (legislative day, July 15), 2013 Read the second time and placed on the calendar

Defund Obamacare Act of 2013

Building Understanding, Investment, Learning, and Direction Career and Technical Education Act of 2013 or the BUILD Career and Technical Education Act of 2013 - Directs the Secretary of Education to award competitive two-year grants to local educational agencies to support career and technical education exploration programs that provide middle and high school students with experiential learning opportunities that are connected to their education and career pathways. Requires grant funds to be used for: (1) leasing, purchasing, upgrading, or adapting equipment related to program activities; (2) staff expenses in coordinating or implementing program activities; (3) consultation services that are directly aligned to program goals; (4) professional development programs that are aligned to program goals; (5) minor remodeling to accommodate program equipment; and/or (6) program evaluation. Requires each grantee to develop a plan to evaluate grant activities that includes an evaluation of specified outcomes.

To establish a pilot grant program to support career and technical education exploration programs in middle schools and high schools. 1. Short title This Act may be cited as the Building Understanding, Investment, Learning, and Direction Career and Technical Education Act of 2013 BUILD Career and Technical Education Act of 2013 2. Findings Congress finds the following: (1) The average high school graduation rate for students concentrating in career and technical education programs is 91.8 percent. (2) Career and technical education concentrators improved their 12th grade National Assessment of Educational Progress scores by 8 points in reading and 11 in mathematics, while students who took no career and technical education courses did not increase their mathematics scores and only increased reading by 4 points. (3) Students at schools with highly integrated rigorous academic and career and technical education programs have significantly higher achievement in reading, mathematics, and science than do students at schools with less integrated programs. (4) Four out of 5 graduates of secondary-level career or technical education programs who pursued postsecondary education after secondary school had earned a credential or were still enrolled in postsecondary education 2 years later. 3. Pilot grant program to support career and technical education exploration program in middle schools and high schools (a) Purposes The purposes of this Act are the following: (1) To provide students with opportunities to participate in career and technical education exploration programs and to provide information on available career and technical education programs and their impact on college and career readiness. (2) To expand professional growth of, and career opportunities for, students through career and technical education exploration programs. (3) To enhance collaboration between education providers and employers. (4) To develop or enhance career and technical education exploration programs with ties to a career and technical education program of study. (5) To evaluate students’ participation in coordinated middle school and high school career and technical education exploration programs. (b) Definitions In this Act: (1) Career and technical education exploration program The term career and technical education exploration program (2) Secretary The term Secretary (c) Authorization of grant program (1) In general The Secretary shall award grants to local educational agencies to support career and technical education exploration programs. (2) Grant duration Grants awarded under this Act shall be 2 years in duration. (3) District capacity taken into account In awarding grants under paragraph (1), the Secretary shall take into account the resources and capacity of each local educational agency that applies for a grant. (d) Applications A local educational agency that desires to receive a grant under this Act shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (e) Priority In awarding grants under this Act, the Secretary shall give priority to grant proposals that— (1) demonstrate— (A) that a partnership among the local educational agency and business, industry, labor, or institutions of higher education, where appropriate to the grant project, exists and will participate in carrying out grant activities under this Act; (B) innovative and sustainable design; (C) a curriculum aligned with State diploma requirements; (D) a focus on preparing students, including special populations and nontraditional students, with opportunities to explore careers and skills required for jobs in their State and that provide high wages and are in demand; (E) a method of evaluating success; and (F) that the programs to be assisted with grant funds are not receiving assistance under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. (2) include an assurance that— (A) the local educational agency will fund the operational costs of the activities described in this Act after the grant period expires; and (B) if the local educational agency charges a fee to participate in the after school and summer components of the career and technical education exploration program to be carried out by the agency, the agency will implement such fee on a sliding scale according to income and established in a manner that makes participation financially feasible for all students. (f) Uses of funds (1) In general A local educational agency that receives a grant under this Act shall use the grant funds to carry out any of the following: (A) Leasing, purchasing, upgrading, or adapting equipment related to the content of career and technical education exploration program activities. (B) Program director, instructor, or other staff expenses to coordinate or implement program activities. (C) Consultation services with a direct alignment to the program goals. (D) Support of professional development programs aligned to the program goals. (E) Minor remodeling, if any, necessary to accommodate new equipment obtained pursuant to subparagraph (A). (F) Evaluating the access to career and technical education exploration programs and the impact such programs have on the transition to career and technical programs of study (as described in section 122(c)(1)(A) of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2342(c)(1)(A) (2) Use and ownership of materials or equipment Any materials or equipment purchased with grant funds awarded under this Act shall be the property of the local educational agency. (3) Administrative costs A local educational agency that receives a grant under this Act may use not more than 5 percent of the grant funds for administrative costs associated with carrying out activities under this Act. (g) Evaluations (1) In general A local educational agency that receives a grant under this Act shall develop an evaluation plan of grant activities that shall include an evaluation of specific outcomes, described in paragraph (2), and progress toward meeting such outcomes within the timeline of the grant that shall be measurable through collection of appropriate data or documented through other records. Such evaluation shall reflect the resources and capacity of the local educational agency. (2) Outcomes The specific outcomes shall clearly address the following areas: (A) The extent of student participation in career and technical education exploration programs. (B) Improved rigor in technical or academic content aligned to diploma requirements and industry recognized technical standards. (C) Improved alignment between career and technical education and other courses, including core academic subjects. (D) The impact such programs have on the transition to career and technical programs of study (as described in section 122(c)(1)(A) of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2342(c)(1)(A) (3) Submission to the department A local educational agency that receives a grant under this Act shall submit evaluations conducted under this subsection to the Secretary. (h) Supplement not supplant Funds received under this Act shall be used to supplement, and not supplant, funds that would otherwise be used for activities authorized under this Act. (i) Authorization of appropriations There are authorized to be appropriated to carry out this Act $20,000,000.

BUILD Career and Technical Education Act of 2013

(This measure has not been amended since it was introduced. The summary of that version is repeated here.) Tennessee Wilderness Act - Designates specified federal lands in Cherokee National Forest in Tennessee as wilderness and as additions to the National Wilderness Preservation System.

To designate as wilderness certain public land in the Cherokee National Forest in the State of Tennessee, and for other purposes. 1. Short title This Act may be cited as the Tennessee Wilderness Act 2. Definitions In this Act: (1) Map The term Map Proposed Wilderness Areas and Additions-Cherokee National Forest (2) Secretary The term Secretary (3) State The term State 3. Additions to Cherokee National Forest (a) Designation of wilderness In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following parcels of Federal land in the Cherokee National Forest in the State of Tennessee are designated as wilderness and as additions to the National Wilderness Preservation System: (1) Certain land comprising approximately 9,038 acres, as generally depicted as the Upper Bald River Wilderness Upper Bald River Wilderness (2) Certain land comprising approximately 348 acres, as generally depicted as the Big Frog Addition (3) Certain land comprising approximately 630 acres, as generally depicted as the Little Frog Mountain Addition NW (4) Certain land comprising approximately 336 acres, as generally depicted as the Little Frog Mountain Addition NE (5) Certain land comprising approximately 2,922 acres, as generally depicted as the Sampson Mountain Addition (6) Certain land comprising approximately 4,446 acres, as generally depicted as the Big Laurel Branch Addition (7) Certain land comprising approximately 1,836 acres, as generally depicted as the Joyce Kilmer-Slickrock Addition (b) Maps and legal descriptions (1) In general As soon as practicable after the date of the enactment of this Act, the Secretary shall file maps and legal descriptions of the wilderness areas designated by subsection (a) with the appropriate committees of Congress. (2) Public availability The maps and legal descriptions filed under paragraph (1) shall be on file and available for public inspection in the office of the Chief of the Forest Service and the office of the Supervisor of the Cherokee National Forest. (3) Force of law The maps and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct typographical errors in the maps and descriptions. (c) Administration Subject to valid existing rights, the Federal land designated as wilderness by subsection (a) shall be administered by the Secretary in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. April 8, 2014 Reported without amendment

Tennessee Wilderness Act

Requires the Secretary of Veterans Affairs, during and as part of any electronic process for the filing of applications for benefits provided through the Department of Veterans Affairs (VA), to: (1) notify each claimant or claimant representative that application services may be available from veterans service organizations (VSOs), and (2) provide such claimant or representative with a list of such VSOs.

To amend title 38, United States Code, to require the Secretary of Veterans Affairs to provide veterans with notice, when veterans electronically file claims for benefits under laws administered by the Secretary, that relevant services may be available from veterans service organizations, and for other purposes. 1. Notice to veterans filing claims electronically of availability of services from veterans service organizations (a) In general Subchapter I of chapter 51 5103B. Notice to claimants filing claims electronically of availability of services from veterans service organizations (a) In general (1) To the degree practicable, the Secretary shall, during and as part of any electronic filing process established by the Secretary for the filing of applications for benefits under laws administered by the Secretary— (A) notify each claimant, or a representative of the claimant, who is filing an application for a benefit under a law administered by the Secretary using such electronic filing process that services may be available to the claimant from veterans service organizations with respect to the application or the benefit for which the claimant is applying; and (B) provide such claimant or representative with a list of veterans service organizations that provide such services. (2) When providing a list of veterans service organizations to a claimant or representative under paragraph (1), the Secretary shall include contact information for each veterans service organization and, whenever applicable, the Uniform Resource Locator (URL) for the Internet website of each organization. (b) Collaboration To the degree practicable, the Secretary shall collaborate with veterans service organizations in carrying out this section. (c) Veterans service organization defined In this section, the term veterans service organization . (b) Clerical amendment The table of sections at the beginning of chapter 51 of such title is amended by inserting after the item relating to section 5103A the following new item: 5103B. Notice to claimants filing claims electronically of availability of services from veterans service organizations. .

A bill to amend title 38, United States Code, to require the Secretary of Veterans Affairs to provide veterans with notice, when veterans electronically file claims for benefits under laws administered by the Secretary, that relevant services may be available from veterans service organizations, and for other purposes.

Servicemember's Electronic Health Records Act of 2013 - Amends the Wounded Warrior Act to require the Secretaries of Defense and Veterans Affairs, in implementing electronic health record systems that provide for the full interoperability of personal health care information between the Department of Defense (DOD) and Department of Veterans Affairs (VA), to ensure that: (1) a health data authoritative source that can be accessed by multiple providers and that standardizes the input of new medical information is created by the Departments within 180 days, (2) the ability of patients of both Departments to download their medical records is achieved within 180 days, (3) full interoperability of personal health care information between the Departments is achieved within one year, (4) acceleration of the exchange of real-time data between the Departments is achieved within one year, (5) the upgrade of the graphical user interface to display a joint common graphical user interface is achieved within one year, and (6) current members of the Armed Forces and their dependents may elect to receive an electronic copy of their health care records beginning not later than June 30, 2015. Requires the Secretaries to assess the feasibility and advisability of establishing a secure, remote, network-accessible computer storage system (commonly referred to as cloud storage) to: (1) provide members of the Armed Forces and veterans the ability to upload their health care records, and (2) allow DOD and VA medical providers of the Departments to access such records.

To amend the Wounded Warrior Act to establish a specific timeline for the Secretary of Defense and the Secretary of Veterans Affairs to achieve interoperable electronic health records, and for other purposes. 1. Short title This Act may be cited as the Servicemember's Electronic Health Records Act of 2013 2. Timeline for implementing interoperable electronic health records (a) Establishment of timeline Section 1635 of the Wounded Warrior Act ( 10 U.S.C. 1071 (k) Timeline In carrying out this section, the Secretary of Defense and the Secretary of Veterans Affairs shall ensure that— (1) the creation of a health data authoritative source by the Department of Defense and Department of Veterans Affairs that can be accessed by multiple providers and standardizes the input of new medical information is achieved not later than 180 days after the date of the enactment of this subsection; (2) the ability of patients of both the Department of Defense and the Department of Veterans Affairs to download the medical records of the patient (commonly referred to as the Blue Button Initiative (3) the full interoperability of personal health care information between the Departments is achieved not later than one year after the date of the enactment of this subsection; (4) the acceleration of the exchange of real-time data between the Departments is achieved not later than one year after the date of the enactment of this subsection; (5) the upgrade of the graphical user interface to display a joint common graphical user interface is achieved not later than one year after the date of the enactment of this subsection; and (6) each current member of the Armed Forces and the dependent of such a member may elect to receive an electronic copy of the health care record of the individual beginning not later than June 30, 2015. . (b) Cloud storage Section 1635 of such Act is further amended by adding at the end the following new subsection: (l) Cloud storage The Secretary of Defense and the Secretary of Veterans Affairs shall assess the feasibility and advisability of establishing a secure, remote, network-accessible computer storage system (commonly referred to as cloud storage (1) provide members of the Armed Forces and veterans the ability to upload the health care records of the member or veteran if the member or veteran elects to do so; and (2) 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 the member or veteran. . (c) Conforming amendments Section 1635 of such Act is further amended— (1) in subsection (a), by striking The Secretary In accordance with the timeline described in subsection (k), the Secretary (2) in the matter preceding paragraph (1) of subsection (e), by inserting in accordance with subsection (k) under this section

Servicemember's Electronic Health Records Act of 2013

Government Transformation Act of 2013 - Establishes the Government Transformation Commission as an independent commission. Directs the Commission to: make specific and actionable recommendations to congressional committees for legislative changes, including opportunities to increase efficiency and reduce government costs, proposals to reduce government expenditures and indebtedness and improve personnel management, and proposals to make the federal government more economical, efficient, and effective; make recommendations to the President for the elimination, consolidation, or improvement of federal programs and for reinvestment and opportunities for innovation in federal agencies; provide advice and recommendations to federal agencies to make programs more economical, efficient, and effective, to the Office of Management and Budget (OMB) to improve and report on agency performance plans, and to Congress, OMB, and federal agencies on the design and implementation of significant new federal programs; provide a mechanism whereby federal employees, citizens, and other interested parties can offer ideas and recommendations for reviewing and improving federal programs; conduct research into best organization practices and government reform efforts and provide a repository for such information; develop and maintain criteria and a schedule for assessing federal agencies and programs; assess program evaluations; maintain the privacy and security of any data used by the Commission; and support requests made under the Freedom of Information Act. Requires the Commission to make interim and annual reports on its activities to the President and Congress. Provides for expedited congressional consideration of legislation to implement recommendations of the Commission. Terminates the Commission seven years after the enactment of this Act.

To establish the Government Transformation Commission to review and make recommendations regarding cost control in the Federal Government, and for other purposes. 1. Short title This Act may be cited as the Government Transformation Act of 2013 2. Definitions In this Act, the following definitions apply: (1) Commission The term Commission (2) Duplicative program The term duplicative program (3) Implementation bill The term implementation bill (4) Member The term member (5) Program The term program (A) any activity or function of an agency; (B) any activity or function that is implemented by 2 or more agencies; and (C) any infrastructure activity or function that supports more than 1 agency. 3. Establishment There is established an independent commission to be known as the Government Transformation Commission 4. Duties of Commission (a) In general The duties of the Commission shall be to— (1) make specific and actionable recommendations to appropriate committees of Congress for specific legislative changes, including— (A) opportunities to increase efficiency and reduce costs in the Federal Government through actions by the executive branch or by Congress; (B) areas where managerial accountability can be enhanced and administrative control can be improved in both the short and long term; (C) specific areas where further study can be justified by potential savings; (D) proposals to reduce governmental expenditures and indebtedness and improve personnel management; and (E) proposals to make the Federal Government more economical, efficient, and effective; (2) make specific and actionable recommendations to the President for— (A) the elimination, consolidation, or improvement of Federal Government programs if, based on the judgment of the Commission, such actions would enhance the efficiency of the program; and (B) reinvestment and opportunities for innovation in Federal agencies; (3) provide advice and recommendations to— (A) Federal agencies to make programs more economical, efficient, and effective, and reassess the effectiveness of any changes made by a Federal agency in response to the advice and recommendations; (B) the Office of Management and Budget to improve and report on Federal Government and agency performance plans, as required under section 1115 (C) Congress, the Office of Management and Budget, and Federal agencies regarding, the design and implementation of significant new Federal programs to ensure the efficient, effective, and economical development and execution of the program; (4) provide a mechanism by which Federal Government employees, citizens of the United States, and other interested parties can offer ideas and make recommendations for reviewing and improving Federal Government programs; (5) conduct research into best organizational practices and Federal Government reform efforts, and provide a repository for such information that supports Federal agencies in further and continual improvements; (6) develop and maintain a criteria and schedule for assessing Federal Government agencies and programs; (7) assess program evaluations performed by Federal agencies or program activities; (8) maintain the privacy and security of any data used by the Commission, as required by law; and (9) support requests for information under section 552 (b) Reports (1) Interim activity report Not later than 6 months after the date on which all initial members of the Commission are appointed, and every year thereafter, the Commission shall submit to the President and to Congress a report to describe the activities of the Commission. (2) Annual report (A) In general Not later than 1 year after the date on which all initial members of the Commission are appointed, and not less frequently than each year thereafter, the Commission shall submit a report to the President and to Congress, which shall include— (i) the findings and conclusions of the Commission; (ii) suggestions for implementing the best practices of Federal agencies; (iii) proposals for administrative action or executive action that include recommendations for— (I) improvement or investment in Federal programs; or (II) elimination, reduction, or consolidation of Federal programs; and (iv) justification for the recommendations described in clause (iii). (B) Proposed legislation (i) In general Not later than 1 year after the date on which all initial members of the Commission are appointed, and annually thereafter, the Commission shall, using any report submitted to Congress under subparagraph (A), submit to Congress proposed legislation to carry out recommendations developed under subsection (a)(1). (ii) Limitation Proposed legislation submitted under this subparagraph shall be agreed to by not less than 5 members of the Commission. (3) Report on historical data Not later than 4 years after the date on which all initial members of the Commission are appointed, and every 2 years thereafter, the Commission shall submit a report to the President and to Congress on historical data and trends relevant to the information studied by the Commission, including any available data on reducing costs in the Federal Government. 5. Membership (a) Number and appointment (1) In general The Commission shall be composed of 7 members, of whom— (A) 1 shall be appointed by the majority leader of the Senate; (B) 1 shall be appointed by the minority leader of the Senate; (C) 1 shall be appointed by the Speaker of the House of Representatives; (D) 1 shall be appointed by the minority leader of the House of Representatives; and (E) 3 shall be appointed by the President, of whom— (i) not less than 1 member shall be from each of the 2 major political parties; and (ii) 1 member shall not be from either of the 2 major political parties. (2) Qualifications The members of the Commission appointed under paragraph (1) shall— (A) include individuals from various professions who are recognized for their expertise in agencies, government efficiency, waste reduction, finance and economics, or actuarial sciences; and (B) reflect a broad geographic representation. (3) Prohibited appointments (A) Government employees A member of the Commission appointed under paragraph (1) may not be an officer or employee of the Federal Government or any State or local government. (B) Political party Not more than 3 members of the Commission may be members of the same political party. (4) Completion of appointments Not later than 180 days after the date of enactment of this Act, the appointing authorities under paragraph (1) shall each make their respective appointments. (5) Terms Each member of the Commission shall be appointed for a term of 3 years, and may be reappointed for 1 additional term. (6) Vacancies A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (b) Co-Chairmen The President shall designate 2 Co-Chairmen of the Commission, who may not be members of the same political party, at the time of nomination of members of the Commission. (c) Rates of pay (1) In general Each member, other than the Co-Chairmen, shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay for level V of the Executive Schedule under section 5316 (2) Chairman The Co-Chairmen shall be paid for each day referred to in paragraph (1) at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 (3) Travel expenses Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 (d) Quorum 5 members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (e) Meetings The Commission shall meet at the call of the Co-Chairmen. 6. Director; staff; experts and consultants (a) Director The Commission shall have a Director who shall be appointed by the Co-Chairmen. The Director shall be paid at the rate of basic pay for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (b) Staff (1) In general With the approval of the Commission, the Director may appoint and fix the pay of personnel as the Director considers appropriate. (2) Applicability of certain civil service laws The Director may appoint the personnel of the Commission without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointed 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 an individual so appointed may not receive pay in excess of the annual rate of basic pay for level V of the Executive Schedule under section 5316 of such title. (3) Staff of Federal agencies Upon request of the Director, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. (c) Experts and consultants The Commission may procure by contract temporary and intermittent services under section 3109(b) (d) Conflicts of interest A member of the Commission, the Director, or any other employee of the Commission may not, indirectly or directly, participate in any action that would be a conflict of interest with any action of the Commission. 7. Powers of Commission (a) Hearings and sessions The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Powers of members and agents Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining official data The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairman, the head of that department or agency shall furnish that information to the Commission. (d) Mails The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Administrative support services Upon the request of the Commission, the Administrator of the General Services Administration shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Contract authority The Commission may contract with and compensate Government and private agencies or persons for products and services necessary for the Commission to carry out its responsibilities under this Act. 8. Expedited Congressional consideration of proposed legislation (a) Introduction Proposed legislation submitted under section 4(b)(2)(B) shall be introduced in the Senate (by request) on the next day on which the Senate is in session after the date on which the proposed legislation is submitted 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. (b) Consideration in the House of Representatives (1) Referral and reporting Any committee of the House of Representatives to which an implementation bill is referred shall report it to the House without amendment not later than 15 days after the date on which the bill is referred to the committee. If a committee fails to report the implementation bill within that period, it shall be in order to move that the House discharge the committee from further consideration of the bill. Such a motion shall not be in order after the last committee authorized to consider the bill reports it to the House or after the House has disposed of a motion to discharge the bill. The previous question shall be considered as ordered on the motion to its adoption without intervening motion except 20 minutes of debate equally divided and controlled by the proponent and an opponent. If such a motion is adopted, the House shall proceed immediately to consider the implementation bill in accordance with paragraphs (2) and (3). A motion to reconsider the vote by which the motion is disposed of shall not be in order. (2) Proceeding to consideration After the last committee authorized to consider an implementation bill reports it to the House or has been discharged (other than by motion) from its consideration, it shall be in order to move to proceed to consider the implementation bill in the House. Such a motion shall not be in order after the House has disposed of a motion to proceed with respect to the implementation bill. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (3) Consideration An implementation bill shall be considered as read. All points of order against the implementation bill and against its consideration are waived. The previous question shall be considered as ordered on an implementation bill to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent and one motion to limit debate on the implementation bill. A motion to reconsider the vote on passage of an implementation bill shall not be in order. (4) Vote on passage The vote on passage of an implementation bill shall occur not later than 90 days after the date on which the implementation bill is submitted to Congress. (c) Expedited procedure in the Senate (1) Committee consideration An implementation bill introduced in the Senate under subsection (a) shall be jointly referred to the committee or committees of jurisdiction, which committees shall report the bill without any revision and with a favorable recommendation, an unfavorable recommendation, or without recommendation, not later than 15 days after the date on which the implementation bill is referred to the committee. If any committee fails to report the bill within that period, that committee shall be automatically discharged from consideration of the bill, and the bill shall be placed on the appropriate calendar. (2) Motion to proceed Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order, not later than 2 days of session after the date on which an implementation bill is reported or discharged from all committees to which it was referred, for the majority leader of the Senate or the majority leader’s designee to move to proceed to the consideration of the implementation bill. It shall also be in order for any Member of the Senate to move to proceed to the consideration of the implementation bill at any time after the conclusion of such 2-day period. A motion to proceed is in order even though a previous motion to the same effect has been disagreed to. All points of order against the motion to proceed to the implementation bill are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the implementation bill is agreed to, the implementation bill shall remain the unfinished business until disposed of. (3) Consideration All points of order against an implementation bill and against consideration of an implementation bill are waived. Consideration of an implementation bill and of all debatable motions and appeals in connection therewith shall not exceed a total of 30 hours which shall be divided equally between the majority and minority leaders or their designees. A motion further to limit debate on an implementation bill is in order, shall require an affirmative vote of three-fifths of the Members duly chosen and sworn, and is not debatable. Any debatable motion or appeal is debatable for not to exceed 1 hour, to be divided equally between those favoring and those opposing the motion or appeal. All time used for consideration of an implementation bill, including time used for quorum calls and voting, shall be counted against the total 30 hours of consideration. (4) No amendments An amendment to an implementation bill, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit an implementation bill, is not in order. (5) Vote on passage If the Senate has voted to proceed to an implementation bill, the vote on passage of an implementation bill shall occur immediately following the conclusion of the debate on an implementation bill, and a single quorum call at the conclusion of the debate if requested. The vote on passage of an implementation bill shall occur not later than 90 days after the date on which the implementation bill is submitted to Congress. (6) 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 an implementation bill shall be decided without debate. (d) Amendment An implementation bill shall not be subject to amendment in either the House of Representatives or the Senate. (e) Consideration by the other house (1) In general If, before passing an implementation bill, one House receives from the other an implementation bill— (A) the implementation bill of the other House shall not be referred to a committee; and (B) the procedure in the receiving House shall be the same as if no implementation bill had been received from the other House until the vote on passage, when the implementation bill received from the other House shall supplant the implementation bill of the receiving House. (2) Revenue measure This subsection shall not apply to the House of Representatives if the implementation bill received from the Senate is a revenue measure. (f) Rules To coordinate action with other house (1) Treatment of implementation bill of other house If the Senate fails to introduce or consider an implementation bill under this section, the implementation bill of the House shall be entitled to expedited floor procedures under this section. (2) Treatment of companion measures in the senate If following passage of an implementation bill in the Senate, the Senate then receives the implementation bill from the House of Representatives, the House-passed implementation bill shall not be debatable. The vote on passage of the implementation bill in the Senate shall be considered to be the vote on passage of the implementation bill received from the House of Representatives. (3) Vetoes If the President vetoes an implementation bill, debate on a veto message in the Senate under this section shall be 1 hour equally divided between the majority and minority leaders or their designees. (g) Loss of privilege The provisions of this section shall cease to apply to an implementation bill if the implementation bill does not pass both Houses not later than 180 days after the implementation bill is submitted to Congress. 9. Termination The Commission shall terminate on the date that is 7 years after the date of enactment of this Act. 10. Funding (a) Authorization of appropriations There are authorized to be appropriated for each of the fiscal years 2014 through 2019 such sums as may be necessary to carry out this Act. (b) Offset by savings realized through Commission For each fiscal year after 2014, and to the extent possible, the costs of carrying out the provisions of this Act shall be offset by the reductions in appropriated amounts carried out as a result of recommendations proposed by the Commission.

Government Transformation Act of 2013

Amends the Internal Revenue Code to increase, for taxable years beginning after 2013: (1) the limitation on the amount of the expensing allowance for depreciable business assets from $25,000 to $200,000, and (2) the threshold amount over which such expensing allowance is reduced from $200,000 to $800,000.

To amend the Internal Revenue Code of 1986 to adjust the limits on expensing of certain depreciable business assets. 1. Expensing certain depreciable business assets (a) In general Section 179(b) of the Internal Revenue Code of 1986 is amended— (1) in paragraph (1)(C), by striking $25,000 $250,000 (2) in paragraph (2)(C), by striking $200,000 $800,000 (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013.

A bill to amend the Internal Revenue Code of 1986 to adjust the limits on expensing of certain depreciable business assets.

Permits the continued operation of trucks on any segment of the U.S. Route 41 corridor in Wisconsin designated as a route on the Interstate System that could operate legally on such segment before that designation without regard to federal weight limitation requirements.

To amend title 23, United States Code, with respect to the operation of vehicles on certain Wisconsin highways, and for other purposes. 1. Operation of vehicles on certain Wisconsin highways Section 127 (j) Operation of vehicles on certain Wisconsin highways If any segment of the United States Route 41 corridor, as described in section 1105(c)(57) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2032; 119 Stat. 1211) is designated as a route on the Interstate System, a vehicle that could operate legally on that segment before the date of that designation may continue to operate on that segment, without regard to any requirement under subsection (a). .

A bill to amend title 23, United States Code, with respect to the operation of vehicles on certain Wisconsin highways, and for other purposes.

(This measure has not been amended since it was introduced. The expanded summary of the Senate reported version is repeated here.) Powell Shooting Range Land Conveyance Act - Directs the Secretary of the Interior to convey to the Powell Recreation District in Wyoming, without consideration, the land managed by the Bureau of Land Management (BLM) in the Wind River District and identified as the Powell Gun Club for use as: (1) a shooting range, or (2) for any other public purpose consistent with the uses allowed under the Recreation and Public Purposes Act. Instructs the Secretary to require the District to pay all survey and other administrative costs necessary for the preparation and completion of any patents for, and transfers of title to, such land. Requires the conveyed land to revert, at the discretion of the Secretary, to the United States if such land ceases being used for a public purpose. Requires the District to agree in writing to: (1) pay administrative costs associated with such conveyance, including the costs of environmental, wildlife, cultural, or historical resources studies; and (2) release and indemnify the United States from claims or liabilities that may arise from the uses carried out on such land on or before this Act's enactment.

To require the Secretary of the Interior to convey certain Federal land to the Powell Recreation District in the State of Wyoming. 1. Short title This Act may be cited as the Powell Shooting Range Land Conveyance Act 2. Definitions In this Act: (1) District The term District (2) Map The term map Powell, Wyoming Land Conveyance Act 3. Conveyance of land to the Powell Recreation District (a) In general As soon as practicable after the date of enactment of this Act, subject to valid existing rights, the Secretary shall convey to the District, without 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) consists of approximately 322 acres of land managed by the Bureau of Land Management, Wind River District, Wyoming, as generally depicted on the map as Powell Gun Club (c) Map and legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall finalize the legal description of the parcel to be conveyed under this section. (2) Minor errors The Secretary may correct any minor error in— (A) the map; or (B) the legal description. (3) Availability The map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Use of conveyed land The land conveyed under this section shall be used only— (1) as a shooting range; or (2) for any other public purpose consistent with uses allowed under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act (e) Administrative costs The Secretary shall require the District to pay all survey costs and other administrative costs necessary for the preparation and completion of any patents for, and transfers of title to, the land described in subsection (b). (f) Reversion If the land conveyed under this section ceases to be used for a public purpose in accordance with subsection (d), the land shall, at the discretion of the Secretary, revert to the United States. (g) Conditions As a condition of the conveyance under subsection (a), the District shall agree in writing— (1) to pay any administrative costs associated with the conveyance including the costs of any environmental, wildlife, cultural, or historical resources studies; and (2) to release and indemnify the United States from any claims or liabilities that may arise from uses carried out on the land described in subsection (b) on or before the date of enactment of this Act by the United States or any person. April 22, 2013 Reported without amendment

Powell Shooting Range Land Conveyance Act

Stewardship Contracting Reauthorization and Improvement Act - (Sec. 2) Amends the Healthy Forests Restoration Act of 2003 to authorize the Forest Service and the Bureau of Land Management (BLM) to enter into stewardship contracting projects with private persons or other public or private entities to perform services to achieve land management goals for the national forests and public lands that meet local and rural community needs. States that the land management goals of a project may include: (1) road and trail maintenance or obliteration to restore or maintain water quality; (2) soil productivity, habitat for wildlife and fisheries, or other resource values; (3) setting of prescribed fires to improve the composition, structure, condition, and health of stands or to improve wildlife habitat; (4) removing vegetation or other activities to promote healthy forest stands, reduce fire hazards, or achieve other land management objectives; (5) watershed restoration and maintenance; (6) restoration and maintenance of wildlife and fish; or (7) control of noxious and exotic weeds and reestablishing native plant species. Requires a source for performance of an agreement or contract under this Act to be selected on a best-value basis. Permits a contract, at the discretion of the Secretary of Agriculture (USDA), to be considered a contract for the sale of property. Limits contracts to no more than 10 years. Allows, as an offset against the cost of services received under the agreement or contract, the value of removed timber or other forest products. Sets forth requirements for fire liability provisions. Permits the Forest Service and the BLM to collect monies from an agreement or contract if the collection is a secondary objective of negotiating the contract that will best achieve the purposes of this Act. Allows recovery of certain costs of removal of timber or other forest products, notwithstanding that the contractor did not harvest the timber. Authorizes performance and payment bonds in an amount determined sufficient to protect the investment in receipts by the federal government generated by the contractor from the estimated value of the forest products to be removed. Requires a multiparty monitoring and evaluation process to assess the stewardship contracting projects conducted under this Act. Requires annual reports to Congress on: (1) the status of agreements or contracts under this Act, (2) the accomplishments that have resulted, and (3) the role of local communities in the development of agreements or contract plans. Instructs the Forest Service and the BLM to offset any direct spending authorized under this Act using any additional amounts that may be made available to the Forest Service or the BLM for the applicable fiscal year.

To amend the Healthy Forests Restoration Act of 2003 to provide for the conduct of stewardship end result contracting projects. 1. Short title This Act may be cited as the Stewardship Contracting Reauthorization and Improvement Act 2. Stewardship end result contracting projects (a) In general Title VI of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591 602. Stewardship end result contracting projects (a) Definitions In this section: (1) Chief The term Chief (2) Director The term Director (b) Projects Until September 30, 2023, the The (c) Land management goals The land management goals of a project under subsection (b) may include— (1) road and trail maintenance or obliteration to restore or maintain water quality; (2) soil productivity, habitat for wildlife and fisheries, or other resource values; (3) setting of prescribed fires to improve the composition, structure, condition, and health of stands or to improve wildlife habitat; (4) removing vegetation or other activities to promote healthy forest stands, reduce fire hazards, or achieve other land management objectives; (5) watershed restoration and maintenance; (6) restoration and maintenance of wildlife and fish; or (7) control of noxious and exotic weeds and reestablishing native plant species. (d) Agreements or contracts (1) Procurement procedure A source for performance of an agreement or contract under subsection (b) shall be selected on a best-value basis, including consideration of source under other public and private agreements or contracts. (2) Contract for sale of property A contract entered into under this section may, at the discretion of the Secretary of Agriculture, be considered a contract for the sale of property under such terms as the Secretary may prescribe without regard to any other provision of law. (3) Term (A) In general Except as provided in subparagraph (B), the Chief and the Director may enter into a contract under subsection (b) in accordance with section 3903 (B) Maximum The period of the contract under subsection (b) may exceed 5 years but may not exceed 10 years. (4) Offsets (A) In general The Chief and the Director may apply the value of timber or other forest products removed as an offset against the cost of services received under the agreement or contract described in subsection (b). (B) Methods of appraisal The value of timber or other forest products used as an offset under subparagraph (A)— (i) shall be determined using appropriate methods of appraisal commensurate with the quantity of products to be removed; and (ii) may— (I) be determined using a unit of measure appropriate to the contracts; and (II) may include valuing products on a per-acre basis. (5) Cancellation ceilings (A) In general The Chief and the Director may obligate funds to cover any potential cancellation or termination costs for an agreement or contract under subsection (b) in stages that are economically or programmatically viable. (B) Notice (i) Submission to congress Not later than 30 days before entering into a multiyear agreement or contract under subsection (b) that includes a cancellation ceiling in excess of $25,000,000, but does not include proposed funding for the costs of cancelling the agreement or contract up to the cancellation ceiling established in the agreement or contract, the Chief and the Director shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a written notice that includes— (I) (aa) the cancellation ceiling amounts proposed for each program year in the agreement or contract; and (bb) the reasons for the cancellation ceiling amounts proposed under item (aa); (II) the extent to which the costs of contract cancellation are not included in the budget for the agreement or contract; and (III) a financial risk assessment of not including budgeting for the costs of agreement or contract cancellation. (ii) Transmittal to OMB At least 14 days before the date on which the Chief and Director enter into an agreement or contract under subsection (b), the Chief and Director shall transmit to the Director of the Office of Management and Budget a copy of the written notice submitted under clause (i). (6) Relation to other laws Notwithstanding subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 ( 16 U.S.C. 472a and section 2(a)(1) of the Act of July 31, 1947 (commonly known as the Materials Act of 1947 and the Director (7) Contracting officer Notwithstanding any other provision of law, the Secretary or the Secretary of the Interior may determine the appropriate contracting officer to enter into and administer an agreement or contract under subsection (b). (8) Fire liability provisions Not later than 90 days after the date of enactment of this section, the Chief and the Director shall issue for use in all contracts and agreements under subsection (b) fire liability provisions that are in substantially the same form as the fire liability provisions contained in— (A) integrated resource timber contracts, as described in the Forest Service contract numbered 2400–13, part H, section H.4; and (B) timber sale contracts conducted pursuant to section 14 of the National Forest Management Act of 1976 ( 16 U.S.C. 472a (e) Receipts (1) In general The Chief and the Director may collect monies from an agreement or contract under subsection (b) if the collection is a secondary objective of negotiating the contract that will best achieve the purposes of this section. (2) Use Monies from an agreement or contract under subsection (b)— (A) may be retained by the Chief and the Director; and (B) shall be available for expenditure without further appropriation at the project site from which the monies are collected or at another project site. (3) Relation to other laws (A) In general Notwithstanding any other provision of law, the value of services received by the Chief or the Director under a stewardship contract project conducted under this section, and any payments made or resources provided by the contractor, Chief, or Director shall not be considered monies received from the National Forest System or the public lands. (B) Knutson-Vanderberg Act The Act of June 9, 1930 (commonly known as the Knutson-Vanderberg Act 16 U.S.C. 576 et seq. (f) Costs of removal Notwithstanding the fact that a contractor did not harvest the timber, the Chief may collect deposits from a contractor covering the costs of removal of timber or other forest products under— (1) the Act of August 11, 1916 ( 16 U.S.C. 490 (2) the Act of June 30, 1914 ( 16 U.S.C. 498 (g) Performance and payment guarantees (1) In general The Chief and the Director may require performance and payment bonds under sections 28.103–2 and 28.103–3 of the Federal Acquisition Regulation, in an amount that the contracting officer considers sufficient to protect the investment in receipts by the Federal Government generated by the contractor from the estimated value of the forest products to be removed under a contract under subsection (b). (2) Excess offset value If the offset value of the forest products exceeds the value of the resource improvement treatments, the Chief and the Director shall— (A) use the excess to satisfy any outstanding liabilities for cancelled agreements or contracts; or (B) if there are no outstanding liabilities under subparagraph (A), apply the excess to other authorized stewardship projects. (h) Monitoring and evaluation (1) In general The Chief and the Director shall establish a multiparty monitoring and evaluation process that accesses the stewardship contracting projects conducted under this section. (2) Participants Other than the Chief and Director, participants in the process described in paragraph (1) may include— (A) any cooperating governmental agencies, including tribal governments; and (B) any other interested groups or individuals. (i) Reporting Not later than 1 year after the date of enactment of this section, and annually thereafter, the Chief and the Director shall report to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives on— (1) the status of development, execution, and administration of agreements or contracts under subsection (b); (2) the specific accomplishments that have resulted; and (3) the role of local communities in the development of agreements or contract plans. . (b) Offset To the extent necessary, the Chief and the Director shall offset any direct spending authorized under section 602 of the Healthy Forests Restoration Act of 2003 (as added by subsection (a)) using any additional amounts that may be made available to the Chief or the Director for the applicable fiscal year. (c) Conforming amendment Section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 ( 16 U.S.C. 2104 (c) Conforming amendment (1) In general Section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104 note; Public Law 105–277 (2) Effect of repeal Notwithstanding the amendment made by paragraph (1), nothing in this Act or an amendment made by this Act invalidates or otherwise affects any stewardship contract entered into by the Chief of the Forest Service or the Director of the Bureau of Land Management that is in effect on the date of enactment of this Act. June 2, 2014 Reported with amendments

Stewardship Contracting Reauthorization and Improvement Act

Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013 - Provides for the management of forest service land in Washington on the eastside of the Cascade Range (covered area). (Sec. 102) Directs the Forest Service to manage the forest in accordance with this Act for 15 years. Directs the Forest Service in the covered area to seek to: (1) conserve and restore forest and watershed health; (2) reduce the risk of, and increase the resistance and resiliency of the land to, uncharacteristic disturbances; (3) allow for characteristic natural disturbances; and (4) harvest wood to maintain the appropriate scale of industry infrastructure to accomplish these goals. Instructs the Forest Service to: (1) use landscape-scale planning based on watershed boundaries as a tool to implement vegetation management and ecological restoration projects; and (2) seek to achieve planning and implementation efficiencies by working with the relevant collaborative group, the Eastside Forest Scientific and Technical Advisory Panel established by this Act, and other partners. Instructs the Forest Service to identify and retain trees that are 150 years of age or older, with exceptions. Limits road construction in carrying out any vegetation management project. Requires the Forest Service to ensure that the projects include monitoring to inform an assessment of the effectiveness of treatments and adaptive management of future projects. (Sec. 103) Authorizes the Forest Service to establish performance objectives for the covered area. Requires each performance goal to be measured annually for a 15-year period. Requires the Forest Service to prioritize vegetative management project and hazardous fuels reduction activities in the covered area. Requires the Forest Service to prepare, offer, and promptly implement projects that are predominantly comprised of mechanical treatment in the covered area that emphasize sawtimber as a byproduct and meet specified criteria. Requires the Forest Service to prioritize for treatment any area that has opportunities for reduced planning and implementation costs because of opportunities to work with a collaborative group on a project, or opportunities to use non-federal resources to complete a project. (Sec. 104) Requires the primary focus of aquatic and riparian protection activities to be to protect, maintain, and restore natural ecological functions and processes beneficial to water quality and quantity, including temperature and turbidity, native fish and wildlife, and watershed resilience. States that desired watershed conditions shall include maintaining or enhancing riparian processes and conditions to ensure that the watersheds operate consistently with local disturbance regimes and support native flora and fauna. Directs the Forest Service to develop an aquatic and riparian conservation strategy that incorporates riparian management areas, key watersheds, watershed analysis, watershed restoration and monitoring. (Sec. 105) Requires the Secretary to establish the Eastside Forest Scientific and Technical Advisory Panel to advise the Secretary, collaborative groups, and the public about the development and implementation of: (1) goals to improve forest and watershed health and related social and economic goals in the covered area; and (2) projects needed to accomplish goals. (Sec. 106) Directs the Forest Service to implement ecological restoration projects in the covered area to support land management goals. Directs the Forest Service to implement at least one ecological restoration project with a gross planning area of 50,000 acres for each national forest in the covered area that provides landscape-scale work within a watershed area within three years. Requires the Forest Service, in developing and implementing ecological restoration projects, to consider the best available science and data, the recommendations of the Advisory Panel, the views of collaborative groups, and dry and moist forest plant association groups. Requires the Forest Service to examine opportunities for, and achieve, a net reduction in the permanent road system to improve forest and watershed health. Requires the Forest Service to prioritize ecological restoration projects in the covered area, taking into consideration: (1) the criteria to be considered in developing and implementing such projects, and (2) the degree to which such projects would improve forest health and watershed health. Instructs the Forest Service, in selecting and planning ecological restoration projects, to prioritize projects that meet certain criteria. (Sec. 107) Directs the Forest Service to consult with, and consider the recommendations of, any collaborative group that meet certain criteria. (Sec. 108) Directs the Forest Service to carry out vegetation management projects and ecological restoration projects in accordance with the National Environmental Policy Act of 1969 (NEPA). Instructs the Forest Service to prepare a large scale environmental impact statement to support a record of decision for vegetation management projects in National Forests in the eastern part of Oregon for projects that share ecological conditions and resource issues, including projects: (1) that are located wholly in dry ponderosa pine and dry mixed conifer forests types, (2) that are endorsed by or the product of a collaborative group, and (3) no portion of which is located in an inventoried roadless area. Requires the environmental impact statement to be used as the basis for decisions on covered vegetation management projects and ecological restoration projects, except for limited projects: (1) that are developed after the completion of such statement; and (2) for which such statement does not adequately analyze the work to be performed. Instructs the Forest Service to complete the record of decision for the environmental impact statement within one year. Specifies the legal timeline for a legal challenge to the environmental impact statement and record of decision. (Sec. 109) Makes this title inapplicable to a vegetation management project that is: (1) initiated more than 180 days before this Act's enactment; or (2) approved or under a contract before that date. Requires the Forest Service to prepare a report on the implementation of this title. Terminates the authority provided by this title 15 years after enactment of this Act. (Sec. 110) Permits any amounts appropriated to the Secretary to carry out this title to be used to support cost-sharing authorities provided by this title. Prohibits the Forest Service from diverting funding from a national forest or grassland outside of Oregon to meet the performance requirements of this title. Permits the Forest Service to reprogram any funds: (1) made available to the Secretary through an appropriation for the National Forest System, and (2) allocated to be used on the national forests in the covered area. Prohibits any funds appropriated for a recreation or grazing activity from being subject to reprogramming. Title II: Cooperative Partnership Funding - (Sec. 201) Amends the Department of the Interior and Related Agencies Appropriations Act, 1996 to permit expenditures for the preparation of timber sales to include expenditures for forest planning activities necessary for timber sales for projects that are located on any landscape that receives funding under the Omnibus Public Land Management Act of 2009. (Sec. 202) Directs the Department of Agriculture (USDA) to carry out projects to address the restoration of forests in cooperation with the states.

To provide for the restoration of forest landscapes, protection of old growth forests, and management of national forests in the eastside forests of the State of Oregon. 1. Short title This Act may be cited as the Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013 2. Purposes The purposes of this Act are— (1) to conserve and restore the eastside National Forests of the State; (2) to create an immediate, predictable, and increased timber flow to support locally based restoration economies in the communities of the eastside National Forests of the State; (3) to make the eastside National Forests of the State more resistant and resilient to, and to mitigate the effects of, climate change; (4) to protect, restore, and increase old-growth forest stands and trees in the eastside National Forests of the State; (5) to promote collaboration in the communities of the eastside National Forests of the State to respond to critical threats to forest and watershed health and to support natural resource- and restoration-based economies; (6) to prioritize, strategically target, and accelerate projects to improve forest health and watershed health in old growth forests located in the eastside National Forests of the State; and (7) to provide the Secretary, collaborative groups, and the public with independent scientific advice for restoring forest health and watershed health in the eastside National Forests of the State. 3. Definitions In this Act: (1) Advisory panel The term advisory panel (2) Collaborative group The term collaborative group (3) Covered area The term covered area (A) within the State; and (B) not within the area covered by the Record of Decision for Amendments to Forest Service and Bureau of Land Management Planning Documents Within the Range of the Northern Spotted Owl, dated April 1994. (4) Decision notice The term Decision Notice Decision Notice for the Revised Continuation of Interim Management Direction Establishing Riparian, Ecosystem and Wildlife Standards for Timber Sales, United States Forest Service Region 6, Colville, Deschutes, Fremont, Malheur, Ochoco, Okanogan, Umatilla, Wallowa-Whitman and Winema National Forests in Oregon and Washington (5) Emergency condition The term emergency condition (A) that results in an— (i) imminent risk to life or property; or (ii) immediate impairment of the public use and enjoyment of a trail, road, highway, public facility, or public land; and (B) with respect to subparagraph (A)(ii), the urgency to address the emergency of which outweighs the benefits of full notice and comment. (6) Forest health The term forest health (A) to be durable, resilient, and less prone to uncharacteristic wildfire, insect, or pathogen outbreaks, while— (i) supporting ecosystem services and populations of native species; and (ii) allowing for natural disturbances; (B) to maintain or develop species composition, ecosystem function and structure, hydrologic function, and sediment regimes that are within an acceptable range that considers— (i) historic variability; and (ii) anticipated future conditions; and (C) to be resistant and resilient to un­char­ac­ter­is­tic events. (7) Forest stand The term forest stand (8) Initiative The term Initiative (A) to restore and improve the ecological structure, composition, and function and the natural processes of watersheds within the National Forest System; (B) to preserve and create local jobs in rural communities that are located in or near National Forest System land; (C) to sustain the local wood products infrastructure and community capacity that is necessary for the appropriate management and restoration of National Forest System land; (D) to promote cooperation and collaboration in the management of National Forest System land; (E) to carry out collaborative projects to restore forest health and watershed health and to reduce the risk of uncharacteristic disturbances from fire, insects, and disease to communities, watersheds, and natural resources through a collaborative process of planning, prioritizing, and implementing ecological restoration, hazardous fuel reduction, and other vegetation management projects; (F) to collect information from the projects carried out under this Act in an effort to better understand the manner in which to improve forest restoration and management activities; (G) that includes all National Forest System land within the covered area; and (H) under which not more than 15 National Forests may be selected to participate. (9) Inventoried roadless area The term inventoried roadless area (10) National forest system The term National Forest System 16 U.S.C. 1609(a) (11) Pilot landscape The term pilot landscape (12) Plant association (A) In general The term plant association (i) would potentially, in the absence of a disturbance, occupy a site; and (ii) may be aggregated into 1 or more groups based on similarities in plant species, composition, environment, and productivity. (B) Inclusion The term plant association (13) Secretary The term Secretary (14) State The term State (15) Uncharacteristic The term un­char­ac­ter­is­tic (16) Watershed area The term watershed area (17) Watershed health The term watershed health (A) to capture, store, and release water, sediment, wood, and nutrients; (B) to provide for water temperatures that are within the range of variability of the natural regimes for the processes described in subparagraph (A); and (C) to create and sustain functional riparian, aquatic, and wetland habitats that are capable of supporting diverse populations of native aquatic- and riparian-dependent species. 4. Land management (a) Application of the initiative to the covered area (1) In general Not later than 60 days after the date of enactment of this Act, the Secretary shall select all or part of 1 or more National Forests in the State as part of the Initiative. (2) Term The selection under paragraph (1) shall be for a period of 15 years. (3) Effect The provisions of this Act shall apply to the covered area. (b) Land management goals (1) In general In the covered area, the Secretary shall, considering the best available science, seek— (A) to conserve and restore forest health, watershed health, and other ecosystems; (B) to reduce the risk of, and increase the resistance and resiliency of the land to, uncharacteristic disturbances; (C) to allow for characteristic natural disturbances; and (D) to harvest wood to maintain adequate levels of industry infrastructure to accomplish the goals described in subparagraphs (A), (B), and (C). (2) Forest management To achieve the goals of paragraph (1) in the forested land in the covered area, the Secretary shall consider opportunities— (A) to reduce the basal area in overstocked forest stands; (B) to increase the mean diameter of forest stands; (C) to maintain or create a forest composition that focuses on more fire- and drought-tolerant species; (D) to restore historic levels of within-forest stand spatial heterogeneity; (E) to conserve and restore old growth; (F) to conserve and restore population levels of older trees; (G) to conserve and restore ecologically sustainable forest stands and landscapes to incorporate characteristic forest stand structures and older tree populations; (H) to harvest wood and use the value of merchantable sawlogs and biomass to help offset the cost of improving forest health and watershed health; (I) to restore or maintain sustainable and fire-resilient conditions in perpetuity through active management (including management through prescribed or wildland fire and mechanical treatments); (J) to restore or maintain ecologically appropriate spatial complexity (including a range of open to dense forest patches at scales from the forest stand to the landscape); (K) to create nonuniform effects in carrying out vegetation management projects by avoiding extensive areas of uniform treatment, except for certain treatments (such as broadcast burns) that are carried out to enhance the spatial heterogeneity of the forest site; (L) to restore or maintain ecologically appropriate understory plant community composition and condition, including— (i) by restoring and maintaining native ground cover; and (ii) by reducing the impacts of, and potential for, exotic and other invasive species; and (M) to increase stakeholder participation through collaborative groups. (c) Planning To help to achieve the goals described in subsection (b), the Secretary shall use landscape scale planning based on watershed areas as a tool to implement ecological restoration projects in the covered area. (d) Performance goals (1) In general Not later than 60 days after the date on which the Secretary selects the covered area, the Secretary, in consultation with the relevant collaborative groups, may establish performance goals, in addition to the goals that are established by subsection (b), that the Secretary shall seek to achieve consistent with the purposes of this Act and the goals and opportunities described in subsection (b) for the covered area. (2) Term Subject to paragraph (3), each performance goal established under paragraph (1) shall be measured annually for a period of 15 years. (3) Additions The Secretary may develop additional performance goals that the Secretary determines to be appropriate during the period established by paragraph (2). (4) Prioritization Subject to the limitations described in section 12(c), the Secretary shall prioritize the vegetation management and hazardous fuels reduction program activities in the covered area to achieve the performance goals established under this subsection. (5) Restoration goals (A) In general Within the covered area, consistent with the goals, and after considering the opportunities, described in subsection (b), the Secretary shall, to the maximum extent practicable, prepare, offer, and promptly implement— (i) projects that— (I) are predominantly comprised of mechanical treatment in the covered area that emphasize sawtimber as a byproduct; and (II) are conducted on— (aa) for the first fiscal year after the date of enactment of this Act, not less than 60,000 acres; (bb) for the subsequent fiscal year, not less than 80,000 acres; and (cc) for each fiscal year thereafter until the fiscal year in which at least 1 ecological restoration project for each National Forest is initiated under section 7, not less than 100,000 acres; and (ii) for each fiscal year after the fiscal year specified in subparagraph clause (i)(II)(cc), an ecological restoration project on each National Forest in the covered area with a gross planning area of not less than 25,000 acres. (B) Annual goals (i) In general Beginning in the first fiscal year after the date on which at least 1 ecological restoration project is initiated for each National Forest under section 8 and each fiscal year thereafter until the date on which the Initiative is completed, the Secretary may, subject to clause (ii), set annual acreage performance goals for projects that are predominantly comprised of mechanical treatment in the covered area that emphasize sawtimber as a byproduct consistent with the goals, and after considering the opportunities, described in subsection (b). (ii) Considerations In setting goals under clause (i), the Secretary shall consider— (I) any specific recommendations of the advisory panel relating to acreage treatment needs; and (II) advice provided by a collaborative group relating to acreage treatment needs. (C) Priority for restoration goals In seeking to meet the restoration goals established under subparagraph (A) or (B), the Secretary shall prioritize for treatment— (i) any area located on a pilot landscape; and (ii) any area that has opportunities for reduced planning and implementation costs because of— (I) opportunities to work with a collaborative group on the project; or (II) opportunities to use non-Federal resources to complete the project. (e) Prohibitions on removal of certain trees (1) Older trees Except as provided in paragraph (2), the Secretary shall prohibit the cutting or removal of any live tree located in the covered area that is 150 years of age or older measured at breast height. (2) Administrative exceptions (A) In general The prohibition described in paragraph (1) shall not apply if the Secretary determines that there is no reasonable alternative to the cutting or removal of the tree to provide for a safe administrative, public, or special use. (B) Notice requirement The Secretary shall provide to the public and each relevant collaborative group notice and an opportunity to comment before making a determination under subparagraph (A), unless the Secretary determines that the cutting or removal of the tree is necessary to respond to an emergency condition. (C) Application of decision notice (i) In general Subject to clause (ii), if the Secretary, after considering the recommendations of the relevant collaborative group or the recommendations report issued under section 6(d), determines that the prohibition in paragraph (1) is infeasible to implement for a specific vegetation management project, the Secretary shall apply the Decision Notice with respect to the specific vegetation management project. (ii) Requirement In applying the Decision Notice to a specific vegetation management project under clause (i), the Secretary may make site-specific forest plan amendments to allow the cutting or removal of live trees greater than 21 inches in diameter at breast height that are younger than 150 years old at breast height, the cutting or removal of which is necessary to meet the land management goals described in subsection (b)(1). (f) Limitations on road construction In carrying out any vegetation management project in the covered area, the Secretary shall— (1) not construct any permanent road, unless the Secretary determines that the road is a justifiable realignment of a permanent road to restore or improve the ecological structure, composition, and function and the natural processes of the affected forest or watershed; and (2) by the earlier of the date on which the vegetation management project is completed or the date that is 1 year after the activities for which the road was constructed are complete, decommission any temporary road constructed to carry out the vegetation management project by— (A) reestablishing vegetation on the road; and (B) restoring any natural drainage, watershed function, or other ecological processes that are disrupted or adversely impacted by the road, including by removing or hydrologically disconnecting the road prism. 5. Watershed management (a) Aquatic and riparian resources management (1) In general Within the covered area, each vegetation management project in an area delineated under subsection (b) shall protect and restore the aquatic and riparian-dependent resources of the delineated area. (2) Effects A project described in paragraph (1) may result in short-term negative effects on the aquatic and riparian-dependent resources of the delineated area if the Secretary determines, after considering the best available science, that the project would result in a net improvement to the condition of those resources over the long term. (b) Delineation of areas (1) Fish-bearing streams The Secretary shall delineate each permanently flowing fishbearing stream and the area extending away from each edge of the active stream channel to include— (A) the top of the inner gorge; (B) the outer edges of the 100-year floodplain; (C) the outer edges of riparian vegetation; (D) a distance equal to the height of 2 site-potential trees; and (E) a slope distance of not less than 300 feet. (2) Permanently flowing non-fishbearing streams The Secretary shall delineate each permanently flowing non-fishbearing stream and the area extending away from each edge of the active stream channel to include— (A) the top of the inner gorge; (B) the outer edges of the 100-year flood plain; (C) the outer edges of riparian vegetation; (D) a distance equal to the height of 1 site-potential tree; and (E) a slope distance of not less than 150 feet. (3) Ponds, lakes, reservoirs, and wetlands larger than 1 acre The Secretary shall delineate each pond, lake, reservoir, and wetland larger than 1 acre and the area extending away from the high-water edges to include— (A) the outer edges of the riparian vegetation; (B) the extent of the seasonally saturated soil; (C) the extent of moderately and highly unstable areas; (D) a distance equal to the height of 1 site-potential tree; and (E) a slope distance of— (i) if the area located in a watershed identified as key or priority under the applicable land and resource management plan, not less than 100 feet; or (ii) not less than 50 feet. (4) Intermittent streams, wetlands less than 1 acre, landslides, and landslide-prone areas The Secretary shall delineate each wetland smaller than 1 acre, landslide, landslide-prone area, intermittent stream channel, and the area extending away from the edges of the wetland, landslide, landslide-prone area, or intermittent stream channel to include— (A) the top of the inner gorge; (B) the outer edges of the riparian vegetation; (C) a distance equal to the height of 1 site-potential tree; and (D) a slope distance of— (i) if the area is located in a watershed identified as key or priority under the applicable land and resource management plan, not less than 100 feet; or (ii) not less than 50 feet. (c) Aquatic and riparian protection (1) In general Except as provided in paragraph (2), the Secretary shall comply with the aquatic and riparian protection requirements of the applicable land and resource management plan in existence on the date of enactment of this Act in carrying out each vegetation management project in the covered area. (2) Modifications The Secretary may modify the aquatic and riparian protection requirements described in paragraph (1) if the Secretary determines, after considering the best available science, that the modifications would meet or exceed the goals of the aquatic and riparian protection requirements. 6. Eastside forest scientific and technical advisory panel (a) In general Not later than 90 days after the date on which the Secretary selects the covered area, the Secretary shall establish an advisory panel— (1) to be known as the Eastside Forest Scientific and Technical Advisory Panel (2) to advise the Secretary, collaborative groups, and the public regarding the development and implementation of— (A) goals to improve forest health, watershed health, and related social and economic goals in the covered area; and (B) projects needed to accomplish the purposes of this Act. (b) Composition The advisory panel shall be composed of 9 members, each of whom shall have expertise in 1 or more of the following: (1) Silviculture. (2) Timber economics. (3) Road and logging engineering. (4) Soil science and geology. (5) Ecosystem services or natural resources economics. (6) Community economics or ecosystem workforce development. (7) Forest ecology. (8) Aquatic and riparian ecology. (9) Wildlife ecology. (10) Fish Ecology. (11) Ecological restoration. (12) Invasive species control and eradication. (13) Wildland fire. (14) Hydrology. (15) Forest carbon life-cycle and sequestration. (16) Social science. (c) Appointments The Secretary shall— (1) ensure that the advisory panel includes experts in a broad array of the fields described in subsection (b); and (2) give consideration to the recommendations of institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), professional societies, and other interested organizations and persons. (d) Duties (1) Recommendations report (A) In general Not later than 180 days after the date on which the Secretary appoints the members of the advisory panel, the advisory panel, after considering the best available science and information, shall submit to the Secretary and make available to the public a report that contains recommendations regarding the manner by which the Secretary may best achieve the purposes and goals and consider the opportunities described in section 4(b). (B) Requirements The report shall provide recommendations based on the best available science— (i) for the size and scope of projects needed to accomplish the goals and consider the opportunities described in section 4(b); (ii) for increasing local capacity to accomplish the goals and consider the opportunities described in section 4(b); (iii) for hydrologically and ecologically restoring land and water by— (I) decommissioning unnecessary and undesirable roads; and (II) reducing the environmental impact of necessary and desirable roads; and (iv) for each relevant plant association group— (I) for protecting and restoring terrestrial, aquatic, riparian, wildlife, fish, vegetation, soil, carbon, and other resources; (II) for the types of activities necessary and desirable to restore forest health and watershed health (including thinning, prescribed, and natural fire, and other appropriate activities); (III) for cases in which the cutting or removal of trees described in section 4(e)(1) would generally be considered to be ecologically appropriate; and (IV) for cases in which the cutting or removal of trees described in section 4(e)(2)(C) would generally be considered to be ecologically appropriate. (C) Administration (i) In general To the maximum extent practicable, the advisory panel shall achieve a consensus with respect to each recommendation included in the report. (ii) Inclusion of dissenting opinions If the advisory panel fails to achieve a consensus with respect to any recommendation included in the report, the report shall include each dissenting opinion relating to the recommendation. (2) Review report Not later than 5 years after the date on which the Secretary appoints the members of the advisory panel, the advisory panel shall submit to the Secretary and make available to the public a report providing— (A) a quantitative and qualitative assessment of the status of, and changes to, forest health and watershed health in the covered area, including the resiliency, aquatic function, and plant composition, structure, and function; and (B) an assessment of the implementation of the recommendations made under paragraph (1). 7. Ecological restoration projects (a) In general As soon as practicable after the date on which the Secretary selects the covered area, the Secretary shall, considering the opportunities described in section 4(b)(2), implement ecological restoration projects in the covered area to further the goals described in section 4(b). (b) Landscape-Scale projects Subject to the availability of appropriations in accordance with section 12, the Secretary shall, to the maximum extent practicable, implement 1 or more ecological restoration projects with a gross planning area of 50,000 acres for each National Forest in the covered area that provide landscape-scale work within a watershed area not later than 3 years after the date on which the Secretary selects the covered area. (c) Requirements In developing and implementing ecological restoration projects under this section, the Secretary shall consider— (1) the best available science and data; (2) the recommendations of the advisory panel; and (3) the views of the relevant collaborative groups. (d) Net road reduction In developing ecological restoration projects under this Act, the Secretary shall examine opportunities for, and achieve, a net reduction in the permanent road system to improve forest and watershed health to the maximum extent practicable. (e) Prioritization (1) In general The Secretary shall prioritize ecological restoration projects in the covered area considering the requirements in subsection (c) and based on the degree to which the ecological restoration projects would improve forest health and watershed health, based on— (A) dry and moist forest plant association groups; and (B) the need to sustain adequate levels of industry infrastructure to accomplish the goals described in section 4(b). (2) Inclusions In carrying out this section, the types of projects the Secretary shall consider to be priority projects include projects that— (A) reduce the risk of, and increase the resistance and resiliency of the land to, uncharacteristic disturbances, particularly if critical components or values are at risk, including— (i) communities located in the wildland-urban interface (as defined in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 (ii) valuable forest structures (including old growth and older mature trees); (B) restore the structure and composition of forest stands at a high or moderate departure from the historic range of variability; (C) accelerate the development of complex forest structure in a young forest that has been simplified through past management, such as by— (i) creating spatial heterogeneity (including the creation of skips and gaps) using mechanical treatments to create wildlife habitat; and (ii) retaining biological legacies (including large standing, downed, live, and dead trees); (D) assist in the implementation of community wildfire protection plans developed by at-risk communities (as those terms are defined in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 (E) use the value of merchantable sawlogs and biomass to help offset the cost of ecological restoration projects; (F) meet local and rural community needs through a source that is selected on a best-value basis; and (G) reduce the permanent road system to improve forest health and watershed health. 8. Collaboration (a) Collaborative groups (1) In general To assist in the development of the projects needed to accomplish the purposes of this Act in the covered area, the Secretary shall consult with, and consider the recommendations of, any collaborative group that meets the criteria described in paragraph (2). (2) Collaborative groups A collaborative group under paragraph (1) means a group that— (A) is interested in the implementation of this Act; (B) includes multiple individuals representing diverse interests that include— (i) environmental organizations; (ii) timber and forest products industry representatives; and (iii) county governments; (C) operates— (i) in a transparent and nonexclusive manner; and (ii) by consensus or in accordance with voting procedures to ensure a high degree of agreement among participants and across various interests; and (D) requires a level of participation sufficient to ensure that members of the collaborative group are adequately informed before each decision. (b) Multiparty monitoring The Secretary, in consultation with the relevant collaborative groups, may develop a multiparty monitoring plan for any vegetation management project carried out under this Act. 9. Large scale environmental impact statement (a) Congressional finding Congress finds that it is expected that the environmental impact statement described in subsection (b) would be adequate to support the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for projects implemented under this section, as documented in subsequent agency decision documents. (b) Requirements The Secretary shall prepare a large scale environmental impact statement that is adequate under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to support a record of decision for vegetation management projects under this section in National Forests in the eastern part of the State for projects— (1) that are located wholly in dry ponderosa pine and dry mixed conifer forests types; (2) that are located on a pilot landscape; (3) that are endorsed by or the product of a collaborative group; and (4) no portion of which are located in an inventoried roadless area. (c) Completion date The Secretary shall complete the record of decision for the large scale environmental impact statement under subsection (b) not later than 1 year after the date of enactment of this Act. (d) Timeliness Any legal challenge to the environmental impact statement and record of decision under this section shall be filed not later than 120 days after the record of decision is signed by the Secretary. 10. Cooperative partnership (a) Forest planning Section 327(b)(2) of the Department of the Interior and Related Agencies Appropriations Act, 1996 ( 16 U.S.C. 1611 may include expenditures for forest planning activities necessary for timber sales for projects that are on a pilot landscape (as defined in section 3 of the Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013) and (b) Cooperative forest innovation partnership projects Section 13B of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2109b (d) Regulations Not later than 90 days after the date of enactment of the Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013, the Secretary shall promulgate regulations to implement the authority of the Secretary under that Act. (e) Cooperation with State governments (1) In general Not later than 180 days after the date of enactment of the Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013, the Secretary shall carry out a project to support the ability of the Department of Agriculture to address the restoration of forests in cooperation with States. (2) Eligible areas A project under paragraph (1) may be carried out on a pilot landscape (as defined in section 3 of the Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013). (3) Funding The Secretary shall use not more than 5 percent of the funds for the Forest Health-Federal Lands . 11. Administration (a) Effect Nothing in this Act affects— (1) any right described in a treaty between an Indian tribe and the United States; or (2) any biological opinion, including any opinion associated with the aquatic and riparian protection requirements of applicable land and resource management plans. (b) No retroactive effect during transition (1) Vegetation management projects The provisions of this Act shall not apply to a vegetation management project that is— (A) initiated, either through a scoping notice or a notice of intent, more than 180 days before the date on which the Secretary selects the covered area under section 4(a)(1); or (B) approved or under contract before the date on which the Secretary selects the covered area under section 4(a)(1). (2) Recommendations report The completion of the Eastside Scientific and Technical Advisory Panel recommendations report shall not automatically compel an amendment or revision of any vegetation management project initiated, approved, or under contract before the date on which the recommendations report is completed. (3) Forest plans The completion of the Eastside Scientific and Technical Advisory Panel recommendations report shall not automatically compel an amendment or revision of any existing forest plan. (c) Applicable law The Secretary shall carry out this Act in accordance with applicable law (including regulations). (d) Principal agency contact (1) Selection The Secretary shall select a principal agency contact for the implementation of this Act. (2) Duties The principal agency contact shall— (A) serve as the point-of-contact for the advisory panel; and (B) facilitate communications among— (i) the advisory panel; (ii) collaborative groups; (iii) employees of the Forest Service; and (iv) any other stakeholders (including the public). (e) Reporting (1) In general The Secretary shall prepare a report on the implementation of this Act— (A) not later than 5 years after the date on which the Secretary selects the covered area; and (B) 2 years before the date referred to in subsection (e)(1). (2) Contents The reports required under paragraph (1) shall, for each National Forest in the covered area, assess the progress toward accomplishing— (A) the purposes of this Act; and (B) the performance goals established under section 4(d). (f) Termination of authority (1) In general The authorities under this Act (other than the authorities under sections 4(e) and 5(c)) shall terminate on the date that is 15 years after the date of enactment of this Act. (2) Effect Nothing in this subsection affects a valid contract in effect on the date described in paragraph (1). 12. Authorization of appropriations (a) In general Subject to subsection (c), there is authorized to be appropriated $50,000,000 to carry out this Act, to remain available until expended. (b) Use Any amounts appropriated to the Secretary under subsection (a) may be used to support implementation of any cost-sharing authorities provided by this Act. (c) Limitation Amounts expended to carry out provisions of this Act that are not subject to a cost-sharing requirement shall not reduce the allocations of appropriated funds to the Secretary for use in— (1) other National Forests not included in the covered area; (2) other States; or (3) other Regions of the Forest Service. 1. Short title; table of contents (a) Short title This Act may be cited as the Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs 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—Forest restoration, old growth protection, and jobs Sec. 101. Definitions. Sec. 102. Forest management. Sec. 103. Restoration goals. Sec. 104. Aquatic and riparian resources management. Sec. 105. Eastside Forest Scientific and Technical Advisory Panel. Sec. 106. Ecological restoration projects. Sec. 107. Collaboration. Sec. 108. Large-scale environmental impact statement. Sec. 109. Administration. Sec. 110. Authorization of appropriations. TITLE II—Cooperative partnership funding Sec. 201. Forest planning. Sec. 202. Cooperative forest innovation partnership projects. I Forest restoration, old growth protection, and jobs 101. Definitions In this title: (1) Advisory panel The term advisory panel (2) Collaborative group The term collaborative group (3) Covered area The term covered area Record of Decision for Amendments to Forest Service and Bureau of Land Management Planning Documents Within the Range of the Northern Spotted Owl (4) Forest health The term forest health (5) Inventoried roadless area The term inventoried roadless area Forest Service Roadless Areas Conservation, Final Environmental Impact Statement, Volume 2 (6) National Forest System The term National Forest System 16 U.S.C. 1609(a) (7) Plant association group (A) In general The term plant association group (i) would potentially, in the absence of a disturbance, occupy a site; and (ii) may be aggregated into 1 or more groups based on similarities in plant species, composition, environment, and productivity. (B) Inclusion The term plant association group (8) Secretary The term Secretary (9) Spatial heterogeneity The term spatial heterogeneity (10) State The term State (11) Vegetation management project (A) In general The term vegetation management project (B) Inclusions The term vegetation management project (i) ecological restoration or fuel reduction projects; (ii) harvesting timber; (iii) prescribed burning; and (iv) thinning trees, brush, weeds, or grass. (12) Watershed area The term watershed area (13) Watershed health The term watershed health 102. Forest management (a) Application The Secretary shall implement this title in the covered area during the 15-year period beginning on the date of enactment of this Act. (b) Land management goals (1) In general Taking into consideration the best available science, the Secretary shall seek in the covered area— (A) to conserve and restore forest and watershed health; (B) to reduce the risk of, and increase the resistance and resiliency of the land to, uncharacteristic disturbances; (C) to allow for characteristic natural disturbances; and (D) to harvest wood to maintain the appropriate scale of industry infrastructure to accomplish the goals described in subparagraphs (A), (B), and (C). (2) Forest management To achieve the goals of paragraph (1) in the forested land in the covered area, the Secretary shall consider opportunities— (A) to reduce the basal area in overstocked forest stands; (B) to increase the mean diameter of forest stands; (C) to maintain or create a forest composition that focuses on more fire- and drought-tolerant species; (D) to restore historic levels of within-forest stand spatial heterogeneity; (E) to conserve and restore old growth; (F) to conserve and restore population levels of older trees; (G) to conserve and restore ecologically sustainable forest stands and landscapes to incorporate characteristic forest stand structures and older tree populations; (H) to harvest wood and use the value of merchantable sawlogs and biomass to help offset the cost of improving forest health and watershed health; (I) to restore or maintain sustainable and fire-resilient conditions in perpetuity through active management (including management through prescribed or wildland fire and mechanical treatments); (J) to restore or maintain ecologically appropriate spatial complexity (including a range of open to dense forest patches at scales from the forest stand to the landscape); (K) to conduct vegetation management projects that create an uneven-aged mosaic of isolated individual trees, clumps of trees, and openings to enhance the spatial heterogeneity of the forest landscape; (L) to restore or maintain understory plant communities that reflect a composition and condition that is appropriate for the forest type, including native ground cover and limiting exotic and invasive species; (M) to increase stakeholder participation through collaborative groups; and (N) to restore and maintain the historic complement of aspen, willows, and other native hardwoods in riparian and upland ecosystems, including by— (i) removing conifers that have invaded hardwood sites and overtopped hardwoods or have invaded wet and dry meadow systems; (ii) restoring fire to hardwood ecosystems; and (iii) creating barriers around hardwood sites to reduce ungulate pressure. (c) Planning To achieve the goals described in subsection (b), the Secretary shall— (1) use landscape-scale planning based on watershed boundaries as a tool to implement vegetation management and ecological restoration projects in the covered area; and (2) seek to achieve planning and implementation efficiencies on projects carried out under this title by working with— (A) the relevant collaborative group; (B) the advisory panel; and (C) other partners. (d) Older tree retention (1) In general In developing and implementing any project in the covered area, the Secretary shall— (A) identify, based on the protocols developed under paragraph (2), trees that are 150 years of age or older, as measured at breast height; and (B) retain the trees described in subparagraph (A). (2) Protocol The Secretary, in collaboration with the advisory panel, based on the best available science, shall develop protocols for identifying trees that are 150 years of age or older, as measured at breast height. (3) Exceptions (A) In general The retention objectives described in paragraph (1)(B) shall not apply if the Secretary determines that 1 of the following applies: (i) Administrative exceptions There is no reasonable alternative to the cutting or removal of trees that are 150 years of age or older, as measured at breast height, to provide for public safety, administrative necessity, or special uses, such as rights of way. (ii) Restoration project exceptions The Secretary determines that the cutting or removal of trees that are 150 years of age or older, as measured at breast height, is needed to help implement and fund restoration projects, subject to the conditions that— (I) no tree that is 200 years of age or older, as measured at breast height, may be cut; (II) only as many trees as are needed to fund restoration work that protects and enhances the resiliency of trees that are 200 years of age or older, as measured at breast height, may be cut; (III) the removal of trees that are 150 years of age or older, as measured at breast height, and less than 200 years of age, as measured at breast height, shall not exceed 50 percent of the population of those trees in the project area; and (IV) there would be sufficient old-growth tree replacements remaining in the project area. (B) Notice requirement The Secretary shall provide to the public and collaborative groups notice and an opportunity to comment before making a determination under subparagraph (A), unless the Secretary determines that the cutting or removal of the tree is necessary to respond to an emergency condition. (4) Application The retention requirements of this subsection shall not— (A) apply to any other forests in the National Forest System outside of the covered area; or (B) establish a precedent for setting age limits on trees that may be cut on any National Forest System land. (e) Limitations on road construction In carrying out any vegetation management project in the covered area, the Secretary— (1) shall not construct any permanent road, unless the Secretary determines that the road is a justifiable realignment of a permanent road to restore or improve the ecological structure, composition, and function and the natural processes of the affected forest or watershed; and (2) by the earlier of the date on which the vegetation management project is completed and the date that is 1 year after the activities for which the road was constructed are complete, shall decommission any temporary road constructed to carry out the vegetation management project. (f) Monitoring and adaptive management In carrying out this title, the Secretary— (1) shall ensure that the projects developed pursuant to this title include monitoring to inform an assessment of the effectiveness of treatments and adaptive management of future projects; and (2) in consultation with the relevant collaborative groups, may develop for a vegetation management project carried out under this title a multiparty monitoring plan, which shall take into consideration the recommendations of the advisory panel. 103. Restoration goals (a) Performance goals (1) In general Not later than 60 days after the date on which the Secretary selects the covered area, the Secretary, in consultation with the relevant collaborative groups, may establish performance objectives, in addition to the goals established by section 102(b), which the Secretary shall seek to achieve for the covered area, consistent with those goals and the purposes of this title. (2) Term Subject to paragraph (4), each performance goal established under paragraph (1) shall be measured annually for a period of 15 years. (3) Additions The Secretary may develop additional performance goals that the Secretary determines to be appropriate during the period established by paragraph (2). (4) Prioritization Subject to the limitations described in section 110(c), the Secretary shall prioritize the vegetation management project and hazardous fuels reduction program activities in the covered area to achieve the performance goals established under this subsection. (b) Restoration goals (1) In general Within the covered area, consistent with the goals, and after considering the opportunities, described in subsection (a), the Secretary shall, to the maximum extent practicable, prepare, offer, and promptly implement— (A) projects that— (i) are predominantly comprised of mechanical treatment in the covered area that emphasize sawtimber as a byproduct; and (ii) are conducted on— (I) for the first fiscal year after the date of enactment of this Act, not less than 60,000 acres; (II) for the subsequent fiscal year, not less than 80,000 acres; and (III) for each fiscal year thereafter until the fiscal year in which at least 1 ecological restoration project for each National Forest is initiated under section 106, not less than 100,000 acres; and (B) for each fiscal year after the fiscal year specified in subparagraph (A)(ii)(III), an ecological restoration project on each National Forest in the covered area with a gross planning area of not less than 25,000 acres. (2) Annual goals (A) In general Beginning in the first fiscal year after the date on which at least 1 ecological restoration project is initiated for each National Forest under section 106 and each fiscal year thereafter until the date on which the project is completed, the Secretary may establish, subject to subparagraph (B), annual acreage performance goals for each project that is predominantly comprised of mechanical treatment in the covered area that emphasize sawtimber as a byproduct consistent with the goals, and after considering the opportunities, described in subsection (b). (B) Considerations In establishing the goals under subparagraph (A), the Secretary shall take into consideration— (i) any specific recommendations of the advisory panel relating to acreage treatment needs; and (ii) advice provided by a collaborative group relating to acreage treatment needs. (3) Priority for restoration goals In seeking to meet the restoration goals established under paragraph (2), the Secretary shall prioritize for treatment any area that has opportunities for reduced planning and implementation costs because of— (A) opportunities to work with a collaborative group on the project; or (B) opportunities to use non-Federal resources to complete the project. 104. Aquatic and riparian resources management (a) Primary focus The primary focus of aquatic and riparian protection activities in the covered area shall be to protect, maintain, and restore natural ecological functions and processes beneficial to water quality and quantity, including temperature and turbidity, native fish and wildlife, and watershed resilience. (b) Desired watershed conditions Desired watershed conditions shall include maintaining or enhancing riparian processes and conditions, including stable slopes, wood and nutrient delivery to aquatic and terrestrial systems, stream shade, microclimate, water quantity, and water quality, to ensure that the watersheds— (1) operate consistently with local disturbance regimes; and (2) support native flora and fauna. (c) Strategy The Secretary shall— (1) develop an aquatic and riparian conservation strategy that incorporates— (A) riparian management areas; (B) key watersheds; (C) watershed analysis; (D) watershed restoration; and (E) monitoring; and (2) use as the basis for watershed, aquatic, and riparian ecosystem management and restoration the interaction of the elements described in paragraph (1) at the watershed or landscape scale. (d) Modifications The Secretary may modify the aquatic and riparian protection standards under subsection (a) if the Secretary determines, taking into consideration the best available science, that the modifications would meet or exceed the goals and standards of the aquatic and riparian protection requirements of subsection (e). (e) Requirement The management activities carried out within the covered area shall not retard or prevent the attainment of— (1) the aquatic, riparian, and watershed goals described in this section; and (2) the goals of applicable resource management plans, biological opinions, and water quality standards in effect on the date of enactment of this Act. 105. Eastside Forest Scientific and Technical Advisory Panel (a) In general Not later than 90 days after the date of enactment of this Act, the Secretary shall establish an advisory panel, to be known as the Eastside Forest Scientific and Technical Advisory Panel (1) goals and performance measures to improve forest health, watershed health, and related social and economic goals in the covered area; and (2) projects needed to accomplish the goals of this title. (b) Composition The advisory panel shall be composed of 9 members, each of whom shall have expertise in 1 or more of the following: (1) Silviculture. (2) Timber economics. (3) Road and logging engineering. (4) Soil science and geology. (5) Ecosystem services or natural resources economics. (6) Community economics or ecosystem workforce development. (7) Forest ecology. (8) Aquatic and riparian ecology. (9) Wildlife ecology. (10) Fish ecology. (11) Ecological restoration. (12) Invasive species control and eradication. (13) Wildland fire. (14) Hydrology. (15) Forest carbon lifecycle and sequestration. (16) Social science. (c) Appointments The Secretary shall— (1) ensure that the advisory panel includes experts in a broad array of the fields described in subsection (b); and (2) give consideration to the recommendations of institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), professional societies, and other interested organizations and individuals. (d) Duties (1) Recommendations report (A) In general Not later than 180 days after the date on which the Secretary appoints the members of the advisory panel, the advisory panel, taking into consideration the best available science and information, shall submit to the Secretary, who shall make available to the public a report that contains recommendations regarding the manner by which the Secretary can best achieve the purposes and goals, and consider the opportunities, described in section 102(b). (B) Requirements The report under subparagraph (A) shall provide recommendations based on the best available science regarding— (i) the size and scope of projects needed to accomplish the goals and consider the opportunities described in section 102(b); (ii) increasing local capacity to accomplish the goals and consider the opportunities described in section 102(b); (iii) hydrologically and ecologically restoring land and water by— (I) decommissioning unnecessary and undesirable roads; and (II) reducing the environmental impact of necessary and desirable roads; and (iv) actions for each relevant plant association group, taking into account current or future potential vegetation and soil types that— (I) protect and restore terrestrial, aquatic, riparian, wildlife, fish, vegetation, soil, carbon, and other resources; and (II) would be necessary and desirable to restore forest health and watershed health (including thinning, prescribed, and natural fire and other appropriate activities); and (v) monitoring protocols to evaluate the success of the vegetation management projects and ecological restoration projects on the covered area in meeting the goals and objectives of this title. (C) Administration (i) In general To the maximum extent practicable, the advisory panel shall achieve a consensus with respect to each recommendation included in the report under this paragraph. (ii) Inclusion of dissenting opinions If the advisory panel fails to achieve a consensus with respect to any recommendation included in the report under this paragraph, the report shall include each dissenting opinion relating to the recommendation. (2) Review report Not later than 5 years after the date on which the Secretary appoints the members of the advisory panel, the advisory panel shall submit to the Secretary and make available to the public a report providing— (A) a quantitative and qualitative assessment of the status of, and changes to, forest health and watershed health in the covered area, including the resiliency, aquatic function, and plant composition, structure, and function; and (B) an assessment of the implementation of the recommendations made under paragraph (1). 106. Ecological restoration projects (a) In general As soon as practicable after the date of enactment of this Act, the Secretary shall implement, taking into consideration the annual goals described in section 103(b)(2), ecological restoration projects in the covered area to support the land management goals described in section 102(b). (b) Landscape-scale projects Subject to the availability of appropriations under section 110, the Secretary shall implement, to the maximum extent practicable, 1 or more ecological restoration projects with a gross planning area of 50,000 acres for each National Forest in the covered area that provide landscape-scale work within a watershed area by not later than 3 years after the date on which the Secretary selects the covered area. (c) Criteria In developing and implementing ecological restoration projects under this section, the Secretary shall consider— (1) the best available science and data; (2) the recommendations of the advisory panel; (3) the views of collaborative groups; and (4) dry and moist forest plant association groups. (d) Net road reduction In developing ecological restoration projects under this section, the Secretary shall examine opportunities for, and achieve, a net reduction in the permanent road system to improve forest and watershed health, to the maximum extent practicable. (e) Prioritization (1) In general The Secretary shall prioritize ecological restoration projects in the covered area, taking into consideration— (A) the criteria described in subsection (c); and (B) the degree to which the ecological restoration projects would improve forest health and watershed health. (2) Priorities In selecting and planning ecological restoration projects, the Secretary shall prioritize projects that— (A) reduce the risk of, and increase the resistance and resiliency of the land to, uncharacteristic disturbances, particularly if critical components or values are at risk, including— (i) communities located in the wildland-urban interface (as defined in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 (ii) valuable forest structures (including old growth and older mature trees); (B) restore the structure and composition of forest stands at a high or moderate departure from the historic range of variability; (C) sustain the appropriate scale of industry infrastructure to accomplish the goals described in section 102(b); (D) accelerate the development of complex forest structure in a young forest that has been simplified through past management, such as by— (i) creating spatial heterogeneity (including the creation of skips and gaps) using mechanical treatments to create wildlife habitat; and (ii) retaining biological legacies (including large standing, downed, live, and dead trees); (E) assist in the implementation of community wildfire protection plans developed by at-risk communities (as those terms are defined in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 (F) use the value of merchantable sawlogs and biomass to help offset the cost of ecological restoration projects; (G) meet local and rural community needs through a source that is selected on a best-value basis; (H) reduce the permanent road system to improve forest health and watershed health; and (I) help recover aspen, willows, and other native hardwoods in riparian and upland ecosystems. 107. Collaboration (a) In general To assist in the development of the projects needed to accomplish the purposes of this title in the covered area, the Secretary shall consult with, and consider the recommendations of, any collaborative group that meets the criteria described in subsection (b). (b) Criteria A collaborative group referred to in subsection (a) is a group that— (1) is interested in the implementation of this title; (2) includes multiple individuals representing diverse interests, including— (A) environmental organizations; (B) timber and forest products industry representatives; and (C) county governments; (3) operates— (A) in a transparent and nonexclusive manner; and (B) by consensus or in accordance with voting procedures to ensure a high degree of agreement among participants and across various interests; and (4) requires a level of participation sufficient to ensure that members of the collaborative group are adequately informed before making each decision. 108. Large-scale environmental impact statement (a) In general The Secretary shall carry out vegetation management projects and ecological restoration projects under this section in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (b) Environmental impact statement (1) In general The Secretary shall prepare 1 landscape-scale environmental impact statement for purposes of compliance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (A) that are located wholly in dry ponderosa pine and dry mixed conifer forests types; (B) that are endorsed by, or are the product of, a collaborative group; and (C) no portion of which are located in an inventoried roadless area. (2) Use The large-scale environmental impact statement under paragraph (1) shall be used as the basis for decisions on covered vegetation management projects and ecological restoration projects, except for limited projects— (A) that are developed after the completion of the environmental impact statement; and (B) for which the environmental impact statement does not adequately analyze the work to be performed. (c) Completion date The Secretary shall complete the record of decision for the large-scale environmental impact statement under subsection (b) by not later than 1 year after the date of enactment of this Act. (d) Timeliness A legal challenge to the environmental impact statement and record of decision under this section shall be filed by not later than 120 days after the date on which the record of decision is signed by the Secretary. 109. Administration (a) Effect of title Nothing in this title affects— (1) any right described in a treaty between an Indian tribe and the United States; or (2) any biological opinion, including any opinion associated with the aquatic and riparian protection requirements of applicable land and resource management plans. (b) No retroactive effect (1) Vegetation management projects This title shall not apply to a vegetation management project that is— (A) initiated, through a scoping notice or a notice of intent, more than 180 days before the date of enactment of this Act; or (B) approved or under contract before the date of enactment of this Act. (2) Recommendations report The completion of the recommendations report of the advisory panel under section 105(d)(2) shall not automatically compel an amendment or revision to— (A) any vegetation management project initiated, approved, or under contract before the date on which the recommendations report is completed; or (B) any existing forest plan. (c) Applicable law The Secretary shall carry out this title in accordance with applicable law (including regulations). (d) Principal agency contact (1) Selection The Secretary shall select a principal agency contact for the implementation of this title. (2) Duties The principal agency contact shall— (A) serve as the point-of-contact for the advisory panel; (B) facilitate communications among— (i) the advisory panel; (ii) collaborative groups; (iii) employees of the Forest Service; and (iv) any other stakeholders (including the public). (e) Reporting (1) In general The Secretary shall prepare a report on the implementation of this title— (A) not later than 5 years after the date on which the Secretary selects the covered area; but (B) not earlier than 2 years before the date described in subparagraph (A). (2) Contents The reports required under paragraph (1) shall assess, for each National Forest in the covered area, the progress achieved in accomplishing— (A) the purposes of this title; and (B) the performance goals established under section 103. (f) Termination of authority (1) In general The authority provided by this title shall terminate on the date that is 15 years after the date of enactment of this Act. (2) Effect Nothing in this subsection affects a valid contract in effect on the date described in paragraph (1). 110. Authorization of appropriations (a) In general Subject to subsection (c), there is authorized to be appropriated $50,000,000 to carry out this title, to remain available until expended. (b) Use Any amounts appropriated to the Secretary under subsection (a) may be used to support implementation of any cost-sharing authorities provided by this title. (c) Effect on other funds The Secretary may not divert funding from a National Forest or grassland outside of the State to meet the performance requirements of this title. (d) Reprogramming authority (1) In general Except as provided in paragraph (2), after submitting to the Committees on Appropriations of the House of Representatives and the Senate a notice, the Secretary may reprogram any funds— (A) made available to the Secretary through an appropriation for the National Forest System; and (B) allocated to be used on the National Forests in the covered area. (2) Exception No funds appropriated for a recreation or grazing activity may be subject to reprogramming under paragraph (1). II Cooperative partnership funding 201. Forest planning Section 327(b)(2) of the Department of the Interior and Related Agencies Appropriations Act, 1996 ( 16 U.S.C. 1611 Public Law 104–134 expenditures for forest planning activities necessary for timber sales for projects that are located on any landscape that receives funding under section 4004 of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 7304 may include 202. Cooperative forest innovation partnership projects Section 13B of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2109b (d) Regulations Not later than 90 days after the date of enactment of the Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013 (e) Cooperation with State governments (1) Projects authorized Not later than 180 days after the date of enactment of the Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013 (2) Eligible areas A project under paragraph (1) may be carried out on— (A) the covered area (as defined in section 101 of the Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013 (B) any additional areas of the National Forest System that the Secretary selects to carry out paragraph (1). (3) Funding For each fiscal year, the Secretary shall use not more than 5 percent of the funds made available for forest health on Federal land under the heading State and private forestry . June 2, 2014 Reported with an amendment

Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013

Repeals provisions of the Department of Homeland Security Appropriations Act, 2009, and the Department of Homeland Security Appropriations Act, 2012, authorizing the Secretary of Homeland Security (DHS) to direct the Administrator of General Services (GSA) to sell all real and personal property and transportation assets of the National Bio and Agro-defense Facility at Plum Island, New York.

To amend certain appropriations Acts to repeal the requirement directing the Administrator of General Services to sell Federal property and assets that support the operations of the Plum Island Animal Disease Center in Plum Island, New York, and for other purposes. 1. Repeal of requirement to sell certain Federal property in Plum Island, New York (a) Repeal of requirement in Public Law 110–329 Section 540 of the Department of Homeland Security Appropriations Act, 2009 (division D of Public Law 110–329 (b) Repeal of requirement in Public Law 112–74 Section 538 of the Department of Homeland Security Appropriations Act, 2012 ( 6 U.S.C. 190

A bill to amend certain appropriations Acts to repeal the requirement directing the Administrator of General Services to sell Federal property and assets that support the operations of the Plum Island Animal Disease Center in Plum Island, New York, and for other purposes.

Buy Smarter and Save Act of 2013 - Directs the President to establish: (1) an annual government-wide goal to procure goods and services using strategic sourcing, and (2) an annual government-wide goal for savings from the use of strategic sourcing. Defines "strategic sourcing" as a structured and collaborative process of critically analyzing an organization's spending patterns to better leverage its purchasing power, reduce costs, and improve overall value and performance. Directs the Director of the Office of Management and Budget (OMB) to: (1) issue guidance to executive agencies for implementing the strategic sourcing goals established by this Act, and (2) report on spending for goods and services that was strategically sourced and the extent of the savings realized. Directs the Departments of Defense (DOD), Homeland Security (DHS), Energy (DOE), Veterans Affairs (VA), and Health and Human Services (HHS), and the National Aeronautics and Space Administration (NASA), the General Services Administration (GSA), and the Small Business Administration (SBA) to take certain actions to support strategic sourcing, including establishing department wide-goals and savings targets for strategic sourcing efforts and a strategic sourcing accountability official. Directs the Comptroller General (GAO) to: (1) conduct studies on contract utilization fees and on establishing strategic sourcing initiative contract vehicles, and (2) assess and report on the performance of executive agencies in implementing the strategic sourcing goals required by this Act and the amounts saved through the use of strategic sourcing.

To promote strategic sourcing principles within the Federal Government. 1. Short title This Act may be cited as the Buy Smarter and Save Act of 2013 2. Goals for strategic sourcing of Federally procured goods and services (a) Requirement To establish goals for purchases and savings using strategic sourcing The President shall establish— (1) an annual Government-wide goal to procure goods and services using strategic sourcing, in accordance with this section; and (2) an annual Government-wide goal for savings resulting from the use of strategic sourcing, in accordance with this section. (b) Amount of procurement goal (1) In general The goal for procurement of goods and services established under subsection (a) shall be— (A) in each of fiscal years 2014 and 2015, at least $100,000,000,000; and (B) in each of fiscal years 2016, 2017, and 2018, at least $75,000,000,000. (c) Amount of savings goal The goal for savings resulting from the use of strategic sourcing established under subsection (a) shall be— (1) in each of fiscal years 2014 and 2015, at least $10,000,000,000; and (2) in each of fiscal years 2016, 2017, and 2018, at least $7,500,000,000. 3. Implementation of strategic sourcing goals by Office of Management and Budget (a) Guidance by Office of Management and Budget The Director of the Office of Management and Budget shall issue guidance to executive agencies for implementing the goals established under section 2. The Director, in consultation with the heads of executive agencies, may set specific goals for procurement and savings that are customized to individual executive agencies. (b) Matters covered In the guidance issued under subsection (a), the Director shall include, at a minimum, the following: (1) Criteria for the goods and services to be procured using strategic sourcing, consistent with the considerations described in subsection (c). (2) A description of the specific data required to be submitted by executive agencies to the Director regarding implementation of the goals. (3) Guidance on calculating and verifying savings generated from strategic sourcing. (4) Standards to measure progress towards meeting savings goals. (5) Procedures to hold agencies accountable and ensure that agencies are achieving their strategic sourcing goals. (6) Procedures to ensure that an agency is not making purchases that significantly exceed the requirements of the agency. (7) A list of existing Government-wide strategic sourcing vehicles. (c) Considerations In developing the guidance issued under this section, the Director shall take into consideration the application of strategic sourcing in a manner that— (1) maintains a strong industrial and manufacturing base in the United States; (2) is consistent with international trade agreements; (3) accounts for the benefits as well as the costs of procuring goods and services; (4) emphasizes the procurement of goods and services that are procured repetitively, procured Government-wide and in large amounts, and are non-technical and commercial in nature; (5) allows for easy conduct of a spend analysis under section 4(b); and (6) reflects the requirements of the Small Business Act, including the provisions addressing contract bundling, contract consolidation, and the need to achieve the statutory small business prime contracting and subcontracting goals in section 15 of that Act (15 U.S.C. 644). (d) Relationship to Federal Strategic Sourcing Initiative In issuing guidance under this section, the Director shall take into account and be consistent with the Federal Strategic Sourcing Initiative managed by the Office of Federal Procurement Policy. (e) Report Not later than 180 days after the end of a fiscal year for which a goal is established under section 2, the Director shall submit to Congress a report on the implementation of this Act. The report shall include, at a minimum— (1) the dollar amount of spending for goods and for services that was strategically sourced during the year covered by the report; (2) the extent of savings on purchases of goods and services realized by executive agencies during that year; and (3) such findings and recommendations as the Director considers appropriate. 4. Strategic sourcing duties of covered departments (a) In general The Secretary of a covered department shall take the following actions to support strategic sourcing efforts in the department: (1) Establishment of department-wide goals and savings targets for strategic sourcing efforts in support of the goals established under section 2. (2) Establishment of a strategic sourcing accountability official within the department. (3) Issuance of a policy that outlines the role, authority, and responsibilities of the strategic sourcing accountability official and department practices for strategic sourcing. (4) Identification of department-specific strategic sourcing contracts already in use and establishment of utilization goals for current and future strategic sourcing efforts. (5) Development of standards to track and assess compliance with the goals established under section 2, consistent with the guidance and considerations under section 3. (b) Spend analysis requirement Not later than six months after the date of the enactment of this Act, and in accordance with the guidance and considerations under section 3, the Secretary of a covered department shall conduct a spend analysis of procurements by the department during fiscal year 2012 to identify, assess, and quantify goods and services suitable for strategic sourcing. Based on the analysis, the Secretary shall select, for implementation in fiscal year 2014, at least one good or service to strategically source from among the top 20 procurement spending categories for commercial goods and services that are identified in the analysis as suitable for strategic sourcing. 5. Study and report by Comptroller General (a) Study on contract utilization fees The Comptroller General of the United States shall conduct a study to assess the effect of contract utilization fees on the use of multiple agency contracts, including strategic sourcing vehicles using multiple award schedules, and shall submit a report on the results of the study to Congress not later than one year after the date of the enactment of this Act. (b) Study on establishing contract vehicles The Comptroller General shall conduct a study to examine the cost of establishing each of the current Federal strategic sourcing initiative contract vehicles, and shall submit a report on the results of the study to Congress not later than one year after the date of the enactment of this Act. (c) Annual report on implementation of Act (1) Assessments Each year, the Comptroller General shall assess— (A) the performance of executive agencies in implementing the strategic sourcing goals required by this Act; and (B) the amounts saved through the use of strategic sourcing, including a comparison of the costs of establishing and maintaining strategic sourcing contract vehicles. (2) Report The Comptroller General shall submit a report on the results of the assessment to Congress not later than one year after the date of the enactment of this Act and annually thereafter while the goals are in effect. 6. Definitions In this Act: (1) Executive agency The term executive agency Executive agency section 105 (2) Covered department The term covered department (3) Strategic sourcing The term strategic sourcing

Buy Smarter and Save Act of 2013

Lake Hill Administrative Site Affordable Housing Act - Directs the Secretary of Agriculture (USDA), upon receiving an offer from Summit County, Colorado, in which the county agrees to be responsible for the costs specified below, to convey to the county all interest of the United States in the approximately 40 acres of National Forest System land in the county identified as the Lake Hill Administrative Site. Makes Summit County responsible for the processing and transaction costs related to such direct sale of such Site.

To provide for the conveyance of the Forest Service Lake Hill Administrative Site in Summit County, Colorado. 1. Short title This Act may be cited as the Lake Hill Administrative Site Affordable Housing Act 2. Definitions In this Act: (1) County The term County (2) Lake Hill Administrative Site The term Lake Hill Administrative Site Lake Hill Administrative Site (3) Secretary The term Secretary 3. Conveyance of Forest Service Lake Hill Administrative Site, Summit County, Colorado (a) Conveyance authority Upon receipt of an offer from the County in which the County agrees to the condition imposed by subsection (c), the Secretary shall use the authority provided by the Forest Service Facility Realignment and Enhancement Act of 2005 ( Public Law 109–54 (b) Application of law (1) Treatment as administrative site The Lake Hill Administrative Site is considered to be an administrative site under section 502(1)(A) of the Forest Service Facility Realignment and Enhancement Act of 2005 ( Public Law 109–54 16 U.S.C. 580d (2) Exception Section 502(1)(C) of that Act does not apply to the conveyance of the Lake Hill Administrative Site. (c) Costs The County shall be responsible for processing and transaction costs related to the direct sale under subsection (a).

Lake Hill Administrative Site Affordable Housing Act

No Child Left Inside Act of 2013 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to direct the Secretary of Education to award grants to states and, through them, competitive subgrants to eligible partnerships to support the implementation of state environmental literacy plans that include environmental education standards and teacher training. Includes in the eligible partnerships a local educational agency (LEA) and at least one institution of higher education, another LEA, an elementary or secondary school, or a government or nonprofit entity experienced in environmental literacy. Requires use of the subgrants for one or more of the following activities: providing targeted, job-embedded professional development that improves teachers' environmental content knowledge and pedagogical skills; establishing and operating environmental education summer workshops or institutes for teachers; developing or redesigning more rigorous environmental education curricula; designing programs that prepare teachers to provide environmental education mentoring and training to other teachers in their school; establishing and operating programs to bring teachers and students into contact with working professionals in environmental fields; creating initiatives that incorporate environmental education within teacher training programs or accreditation standards; and promoting the integration of outdoor environmental education lessons into the regular school curriculum and schedule. Authorizes the Secretary to award competitive matching grants to eligible partnerships for one or more of the following activities: developing and implementing state curriculum frameworks for environmental education that meet challenging state academic content and achievement standards for environmental education, replicating or disseminating information about proven and tested model environmental education programs, and developing and implementing new approaches to advancing environmental education and the adoption and use of environmental education content standards. Amends part B (Mathematics and Science Partnerships) of title II of the ESEA to: (1) include nonprofit environmental education organizations and government science, environmental, or natural resource management agencies among the entities eligible to participate in part B partnerships; and (2) allow the use of part B funds to train teachers to use environmental education to enhance student understanding of science and mathematics. Amends part B (21st Century Community Learning Centers) of title IV of the ESEA to include environmental literacy activities among the before and after school activities that such program funds at community learning centers. Directs the Secretary to: request all federal departments and agencies to provide information on any environmental literacy assistance program that they operate, sponsor, or support; make that information searchable and accessible through the Department of Education's website and cross-referenced with the United States Green Ribbon School application information; coordinate environmental literacy activities between the Department of Education, the Environmental Protection Agency (EPA), the Department of the Interior, and the Department of Commerce; and appoint an advisory panel of stakeholders to advise and support interagency environmental literacy planning and assessment activities.

To amend the Elementary and Secondary Education Act of 1965 in order to improve environmental literacy to better prepare students for postsecondary education and careers, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the No Child Left Inside 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. Findings. Sec. 3. References. Sec. 4. Authorization of appropriations. TITLE I—Environmental literacy Sec. 101. Environmental literacy. TITLE II—Promoting environmental literacy in education programs Sec. 201. Amendments to title II, part B. Sec. 202. Amendments to title IV, part B. TITLE III—National activities to enhance environmental literacy Sec. 301. Availability of other environmental literacy information. Sec. 302. Federal interagency coordination on environmental literacy. 2. Findings Congress finds that: (1) Children and young adults are increasingly disconnected from the natural world around them, spending less time outside playing, exploring, and learning. (2) Play and learning in nature is important to the intellectual, social, and physical development of youth. (3) Environmental education, as part of the formal prekindergarten through grade 12 school curriculum, provides opportunities for youth to get outside and learn about the natural world, has positive impacts on student achievement in all subjects and especially in science, reading, mathematics, and social studies, and improves critical thinking skills, enthusiasm for learning, stewardship, and healthy lifestyles. (4) By many indicators, the United States is falling behind other nations in preparing students with the educational tools necessary to compete for the growing opportunities in the sciences, including environmental, natural resource, and energy-related careers. (5) Reports by boards of the National Science Foundation, the National Environmental Education Advisory Council, and the National Council for Science and the Environment, among others, have called for a systemic approach to environmental education in the formal education system to improve the environmental literacy of youth and better prepare students for college and the 21st century workforce. (6) Forty-eight States have developed, or are in the process of developing, environmental literacy plans to effectively integrate environmental education into the prekindergarten through grade 12 curriculum and ensure that students graduate from high school environmentally literate. At the same time, most states are aligning curricula with the Common Core State Standards. (7) Support from the Department of Education is needed to help State and local educational agencies, and the partners of such agencies, implement environmental literacy plans and advance State curriculum frameworks for environmental and natural resource education that meets new State academic content and student achievement standards and aligns with the Next Generation Science Framework. (8) Federal science and natural resource agencies have important resources, including Federal lands and laboratories, content experts, data, and programs that can inform and support State and local environmental literacy policies and programming. 3. References Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. 4. Authorization of appropriations (a) Authorization There are authorized to be appropriated to carry out subpart 22 of the Elementary and Secondary Education Act of 1965, such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (b) Distribution With respect to any amount appropriated under subsection (a) for a fiscal year— (1) not less than 70 percent of such amount shall be used to carry out section 5622 of the Elementary and Secondary Education Act of 1965 for such fiscal year; and (2) not more than 30 percent of such amount shall be used to carry out section 5623 of such Act for such fiscal year. I Environmental Literacy 101. Environmental Literacy Part D of title V (20 U.S.C. 7201 et seq.) is amended by adding at the end the following: 22 Environmental Literacy 5621. Definitions In this subpart: (1) Eligible partnership The term eligible partnership (A) A teacher preparation program at an institution of higher education. (B) The environmental or life sciences department of an institution of higher education. (C) Another local educational agency, a public charter school, a public elementary school or secondary school, or a consortium of such schools. (D) A Federal, State, regional, or local environmental or natural resource management agency, or parks and recreation department, that has demonstrated effectiveness, expertise, and experience in the field of environmental literacy, including the professional development of teachers. (E) A nonprofit organization that has demonstrated effectiveness, expertise, and experience in the field of environmental literacy, including the professional development of teachers. (2) Environmental literacy The term environmental literacy (3) Environmental literacy plan The term environmental literacy plan (A) Prepares students to understand ecological principles, the systems of the natural world, and the relationships and interactions between natural and man-made environments. (B) Provides field and hands-on experiences as part of the regular school curriculum and creates programs that contribute to healthy lifestyles through outdoor recreation and sound nutrition. (C) Provides environmental service learning opportunities. (D) Provides targeted professional development opportunities for teachers that improves the teachers'— (i) environmental and natural resource content knowledge; and (ii) pedagogical skills in teaching about the environment, including the use of— (I) interdisciplinary, field-based, and research-based learning; and (II) science, technology, engineering, and mathematics content knowledge and tools. (E) Describes the measures the State will use to assess the environmental literacy of students, including— (i) relevant State academic content standards and content areas regarding environmental education, and courses or subjects where environmental education instruction will be integrated throughout the prekindergarten through grade 12 curriculum; and (ii) a description of the relationship of the plan to the secondary school graduation requirements of the State. (F) Describes how the State educational agency will implement the plan, in partnership with non-governmental organizations, Federal agencies, State environmental agencies, State environmental education associations, State natural resource agencies, and local educational agencies, including how the State educational agency will secure funding and other necessary support. (G) Is periodically updated by the State educational agency not less often than every 5 years. (4) High-need local educational agency The term high-need local educational agency (A) for which not less than 20 percent of the children served by the agency are children from low-income families; (B) that serves not fewer than 10,000 children from low-income families; (C) that meets the eligibility requirements for funding under section 6211(b); or (D) that meets the eligibility requirements for funding under section 6221(b). 5622. Grants for Implementation of Environmental Literacy Plans (a) Program authorized From amounts appropriated for this section, the Secretary shall award grants to States to enable the States to award subgrants, on a competitive basis, to eligible partnerships to support the implementation of the State environmental literacy plan. (b) Application (1) In general A State that desires 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. (2) Contents Each application under this subsection shall— (A) include the State’s environmental literacy plan and information on the status of implementation of such plan; (B) describe how funds received under this subsection will assist the State in furthering the implementation of the State’s environmental literacy plan; (C) describe the process the State will use to make subgrants to eligible partnerships; and (D) describe the process the State will use to evaluate the impact of the activities assisted under this subpart. (c) Peer review The Secretary shall— (1) establish a peer review process to assist in the review of grant applications under this section; (2) appoint individuals to the peer review process who— (A) are representative of parents, teachers, State educational agencies, State environmental agencies, State natural resource agencies, local educational agencies, and nongovernmental organizations; and (B) are familiar with national environmental issues and the health and educational needs of students; and (3) include, in the peer review process, appropriate representatives from the Department of Commerce, the Department of the Interior, the Department of Energy, the Environmental Protection Agency, and other appropriate Federal agencies, to provide environmental expertise and background for evaluation of the State environmental literacy plan. (d) Administrative expenses A State receiving a grant under this section may use not more than 2.5 percent of the grant funds for administrative expenses. (e) State Educational Agency Report (1) In general Each State receiving a grant under this subpart shall prepare and submit an annual report to the Secretary containing information about— (A) the implementation of the environmental literacy plan; and (B) the grant activities supported under this subpart. (2) Report requirements The report required by this section shall be— (A) in the form specified by the Secretary; (B) based on the State's ongoing evaluation activities; and (C) made readily available to the public. (f) Subgrants authorized (1) Subgrants to eligible partnerships From amounts made available to a State educational agency under subsection (a), the State educational agency shall award subgrants, on a competitive basis, to eligible partnerships serving the State, to enable the eligible partnerships to carry out the authorized activities described in subsection (h). (2) Duration The State educational agency shall award each subgrant under this section for a period of not more than 3 years. (3) Priority In making subgrants under this section, a State shall give priority to eligible partnerships that include a high-need local educational agency. (4) Supplement, not supplant Funds provided to an eligible partnership under this section shall be used to supplement, and not supplant, funds that would otherwise be used for activities authorized under this section. (g) Application requirements (1) In general Each eligible partnership desiring a subgrant under this section shall submit an application to the State educational agency, at such time, in such manner, and accompanied by such information as the State educational agency may require. (2) Contents Each application submitted under paragraph (1) shall include— (A) a description of teacher professional development needs, with respect to the teaching and learning of environmental content; (B) an explanation of how the activities to be carried out by the eligible partnership are expected to improve student academic achievement and strengthen the quality of environmental instruction; (C) a description of how the activities to be carried out by the eligible partnership— (i) will be aligned with challenging State academic content standards and student academic achievement standards in environmental education, to the extent such standards exist, and with the State's environmental literacy plan; and (ii) will advance the teaching of interdisciplinary courses that integrate the study of natural, social, and economic systems and that include strong field components in which students have the opportunity to directly experience nature through outdoor environmental learning; (D) a description of how the activities to be carried out by the eligible partnership will ensure that teachers are trained in the use of field-based or service learning to enable the teachers— (i) to use the local environment and community as a resource; and (ii) to improve student understanding of the environment and increase academic achievement; (E) a description of— (i) how the eligible partnership will carry out the authorized activities described in subsection (h); and (ii) the eligible partnership's evaluation and accountability plan described in subsection (i); and (F) a description of how the eligible partnership will continue the activities funded under this section after the grant period has expired. (h) Authorized activities An eligible partnership shall use the subgrant funds provided under this section for 1 or more of the following activities related to elementary schools or secondary schools: (1) Providing targeted, job-embedded professional development opportunities for teachers that improve the environmental content knowledge and pedagogical skills in teaching about the environment of such teachers, including in the use of— (A) interdisciplinary, research-based, and field-based learning; and (B) technology in the classroom. (2) Establishing and operating environmental education summer workshops or institutes, including follow-up professional development, for elementary and secondary school teachers, and preschool teachers, as appropriate, to improve pedagogical skills and content knowledge for the teaching of environmental education. (3) Developing or redesigning more rigorous environmental education curricula that— (A) are aligned with challenging State academic content standards in environmental education, to the extent such standards exist, and with the State environmental literacy plan; and (B) advance the teaching of interdisciplinary courses that integrate the study of natural, social, and economic systems and that include strong field components. (4) Designing programs to prepare teachers at a school to provide mentoring and professional development to other teachers at such school to improve teacher environmental education content knowledge and pedagogical skills. (5) Establishing and operating programs to bring teachers and students into contact with working professionals in environmental fields to deepen such teachers' knowledge of environmental content and research practices. (6) Creating initiatives that seek to incorporate environmental education within teacher training programs or accreditation standards consistent with the State environmental literacy plan. (7) Promoting the integration of outdoor environmental education lessons into the regular school curriculum and schedule in order to further the knowledge and professional development of teachers and help students directly experience nature. (i) Evaluation and accountability plan (1) In general Each eligible partnership receiving a subgrant under this section shall develop an evaluation and accountability plan for activities assisted under this section that includes rigorous objectives that measure the impact of such activities. (2) Contents The plan developed under paragraph (1) shall include measurable objectives to increase the number of teachers who participate in environmental education content-based professional development activities. (j) Report by eligible partnerships Each eligible partnership receiving a subgrant under this section shall report annually, for each year of the subgrant, to the State educational agency regarding the eligible partnership's progress in meeting the objectives described in the accountability plan of the eligible partnership under subsection (i). 5623. Environmental education grant program to help build national capacity (a) Purposes The purposes of this section are— (1) to strengthen environmental education as an integral part of the elementary school and secondary school curriculum; and (2) to disseminate information about best practices and resources available to support environmental literacy programs. (b) Grant program authorized (1) In General The Secretary is authorized to award grants, on a competitive basis, to eligible partnerships to enable the eligible partnerships to pay the Federal share of the costs of activities under this section. (2) Duration Each grant under this section shall be for a period of not less than 1 year and not more than 3 years. (3) Priority In making grants under this section, the Secretary shall give priority to eligible partnerships that include a high-need local educational agency. (c) Applications Each eligible partnership desiring a grant under this section shall submit to the Secretary an application that contains— (1) a plan to initiate, expand, or improve environmental education programs in order to make progress toward meeting— (A) challenging State academic content standards and student academic achievement standards in environmental education, to the extent such standards exist; and (B) academic standards that are aligned with the State's environmental literacy plan; and (2) an evaluation and accountability plan for activities assisted under this section that includes rigorous objectives that measure the impact of activities funded under this section. (d) Use of funds Grant funds made available under this section shall be used for 1 or more of the following: (1) Developing and implementing State curriculum frameworks for environmental education that meet— (A) challenging State academic content standards and student academic achievement standards for environmental education, to the extent such standards exist; and (B) academic standards that are aligned with the State's environmental literacy plan under section 5622. (2) Replicating or disseminating information about proven and tested model environmental education programs that— (A) use the environment as an integrating theme or content throughout the curriculum; or (B) provide integrated, interdisciplinary instruction about natural, social, and economic systems along with field experience that provides students with opportunities to directly experience nature in ways designed to improve students' overall academic performance, personal health (including addressing child obesity issues), and understanding of nature. (3) Developing and implementing new approaches to advancing environmental education, and to advancing the adoption and use of environmental education content standards, at the State and local levels. (e) Eligible partnership report In order to continue receiving grant funds under this section after the first year of a multiyear grant under this section, the eligible partnership shall submit to the Secretary an annual report that— (1) describes the activities assisted under this section that were conducted during the preceding year; (2) demonstrates that progress has been made in helping schools to meet the State academic standards for environmental education described in subsection (d)(3); and (3) describes the results of the eligible partnership's evaluation and accountability plan. (f) Administrative provisions (1) Federal share The Federal share of a grant under this section shall not exceed— (A) 90 percent of the total costs of the activities assisted under the grant for the first year for which the program receives assistance under this section; and (B) 75 percent of such costs for each of the second and third years. (2) Administrative expenses Not more than 7.5 percent of the grant funds made available to an eligible partnership under this section for any fiscal year may be used for administrative expenses. (3) Availability of funds Amounts made available to the Secretary to carry out this section shall remain available until expended. (g) Supplement, not supplant Funds made available under this section shall be used to supplement, and not supplant, any other Federal, State, or local funds available for environmental education activities. 5624. Report to Congress Not later than 2 years after the date of enactment of the No Child Left Inside Act of 2013 (1) describes the programs assisted under this subpart; (2) documents the success of such programs in improving national and State environmental education capacity; and (3) makes such recommendations as the Secretary determines appropriate for the continuation and improvement of the programs assisted under this subpart. . II Promoting environmental literacy in education programs 201. Amendments to title II, part B (1) Section 2201(b)(1)(B) (20 U.S.C. 6661(b)(1)(B)) is amended— (A) in clause (iii) by striking or (B) in clause (iv) by striking the period at the end and inserting ; or (C) by adding at the end the following: (v) a Federal, State, regional, or local science, environmental, or natural resource management agency or a nonprofit environmental education organization that has demonstrated effectiveness in improving the quality of mathematics and science instruction. . (2) Section 2202 (20 U.S.C. 6662) is amended— (A) in subsection (b)(2)(B), by inserting , including any State environmental literacy plan described in section 5621, reform activities (B) in subsection (c), by adding at the end the following: (11) Professional development in the use of field-based or service learning to enable teachers— (A) to use the local environment and community as a resource; and (B) to enhance student understanding of mathematics and science through environmental education. . 202. Amendments to title IV, part B (1) Section 4201(b)(1)(A) ( 20 U.S.C. 7171(b)(1)(A) environmental literacy, technology (2) Section 4205(a) ( 20 U.S.C. 7175(a) (A) by inserting the following after paragraph (3): (4) environmental literacy activities; ; and (B) by redesignating paragraphs (4) through (12) as paragraphs (5) through (13), respectively. III National Activities 301. Availability of other environmental literacy information (a) Nondepartmental environmental literacy assistance programs The Secretary of Education shall request that all Federal departments and agencies provide information on any environmental literacy assistance program operated, sponsored, or supported by such Federal department or agency, including information about the application procedures, financial terms and conditions, and other relevant information for each program, and each Federal department or agency shall promptly respond to surveys or other requests from the Secretary of Education for the information described in this subsection. (b) Public Information The Secretary of Education shall ensure that not later than 90 days after the Secretary of Education receives the information required under subsection (a), the eligibility requirements, application procedures, financial terms and conditions, and other relevant information for each nondepartmental environmental literacy assistance program are searchable and accessible through the Department of Education’s website and cross-referenced with the United States Green Ribbon School application information, in a manner that is simple and understandable for school districts and communities. 302. Federal interagency coordination on environmental literacy (a) In General The Secretary of Education shall coordinate environmental literacy activities between the Department of Education, the Environmental Protection Agency, the Department of the Interior, and the Department of Commerce, including by carrying out the activities described in subsection (b). (b) Coordination activities In coordinating environmental literacy activities, the Secretary of Education shall— (1) assess current Federal environmental education programs, goals, and budget items across agencies; (2) assess environment-based science, technology, engineering, and mathematics (referred to as eSTEM STEM (3) produce adaptable environmental literacy plan guidelines and identify coordinated resources across Federal agencies that States and local educational agencies can follow as States and local educational agencies work to develop environmental literacy plans and programs of their own. (c) Advisory Panel The Secretary of Education shall appoint an advisory panel of stakeholders, including representatives from State educational agencies, local educational agencies, businesses, and nonprofit organizations that are engaged in local environmental literacy efforts representing the geographic, economic, and cultural diversity of the country, who shall meet quarterly to advise and support interagency planning and assessment regarding environmental literacy activities. (d) Report to Congress Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of Education, the Administrator of the Environmental Protection Agency, the Secretary of the Interior, and the Secretary of Commerce shall prepare and submit a joint report to Congress containing information about the coordination of environmental literacy activities between Federal agencies.

No Child Left Inside Act of 2013

Youth Prison Reduction through Opportunities, Mentoring, Intervention, Support, and Education Act or the Youth PROMISE Act - Provides that not more than 50% of the amount available for the Edward Byrne Memorial Criminal Justice Innovation Program shall be made available to carry out this Act. Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to establish a PROMISE Advisory Panel to assist the Office of Juvenile Justice and Delinquency Prevention in: (1) assessing and developing standards and evidence-based practices to prevent juvenile delinquency and criminal street gang activity, and (2) collecting data in designated geographic areas to assess the needs and existing resources for juvenile delinquency and criminal street gang activity prevention and intervention. Authorizes the Administrator of the Office of Juvenile Justice and Delinquency Prevention to award grants to local governments and Indian tribes to: (1) plan and assess evidence-based and promising practices for juvenile delinquency and criminal street gang activity prevention and intervention, especially for at-risk youth; and (2) implement PROMISE plans, developed by local PROMISE Coordinating Councils (PCCs), for coordinating and supporting the delivery of juvenile delinquency and gang prevention and intervention programs in local communities. Establishes a National Research Center for Proven Juvenile Justice Practices to provide PCCs and the public with research and other information about evidence-based practices related to juvenile delinquency and criminal street gang prevention or intervention. Directs the Administrator to award grants to institutions of higher education to serve as regional research partners with PCCs that are located in the same geographic region as the educational institution.

To provide for evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention to help build individual, family, and community strength and resiliency to ensure that youth lead productive, safe, healthy, gang-free, and law-abiding lives. 1. Short title This Act may be cited as the Youth Prison Reduction through Opportunities, Mentoring, Intervention, Support, and Education Act Youth PROMISE Act 2. Table of contents The table of contents for this Act are as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Definitions. Sec. 4. Findings. Sec. 5. Allotment for Youth PROMISE Programs. TITLE I—FEDERAL COORDINATION OF LOCAL AND TRIBAL JUVENILE JUSTICE INFORMATION AND EFFORTS Sec. 101. PROMISE Advisory Panel. Sec. 102. Geographic assessment of resource allocation. TITLE II—PROMISE GRANTS Sec. 201. Purposes. Subtitle A—PROMISE Assessment and Planning Grants Sec. 202. PROMISE Assessment and Planning grants authorized. Sec. 203. PROMISE Coordinating Councils. Sec. 204. Needs and strengths assessment. Sec. 205. PROMISE Plan components. Subtitle B—PROMISE Implementation Grants Sec. 211. PROMISE Implementation grants authorized. Sec. 212. PROMISE Implementation grant application requirements. Sec. 213. Grant award guidelines. Sec. 214. Reports. Subtitle C—General PROMISE Grant Provisions Sec. 221. Nonsupplanting clause. Sec. 222. Grant application review panel. Sec. 223. Evaluation of PROMISE grant programs. TITLE III—PROMISE RESEARCH CENTERS Sec. 301. Establishment of the National Research Center for Proven Juvenile Justice Practices. Sec. 302. Grants for regional research proven practices partnerships. 3. Definitions In this Act: (1) Administrator The term Administrator (2) Community The term community (3) Designated geographic area The term designated geographic area (4) Evidence-based The term evidence-based (A) causal evidence documents a relationship between the practice and its intended outcome, based on measures of the direction and size of a change, and the extent to which a change may be attributed to the practice; and (B) the use of scientific methods rules out, to the extent possible, alternative explanations for the documented change. (5) Intervention The term intervention (6) Juvenile delinquency and criminal street gang activity prevention The term juvenile delinquency and criminal street gang activity prevention (A) are designed to reduce potential juvenile delinquency and criminal street gang activity risks; and (B) are evidence-based or promising educational, health, mental health, school-based, community-based, faith-based, parenting, job training, social opportunities and experiences, or other programs, for youth and their families, that have been demonstrated to be effective in reducing juvenile delinquency and criminal street gang activity risks. (7) Promising The term promising (8) State The term State (9) Theory of change The term theory of change (10) Youth The term youth (A) an individual who is 18 years of age or younger; or (B) in any State in which the maximum age at which the juvenile justice system of such State has jurisdiction over individuals exceeds 18 years of age, an individual who is such maximum age or younger. 4. Findings The Congress finds as follows: (1) Youth gang crime has taken a toll on a number of urban communities, and senseless acts of gang-related violence have imposed economic, social, and human costs. (2) Drug- and alcohol-dependent youth, and youth dually diagnosed with addiction and mental health disorders, are more likely to become involved with the juvenile justice system than youth without such risk factors, absent appropriate prevention and intervention services. (3) Children of color are over-represented relative to the general population at every stage of the juvenile justice system. African-American youth are 17 percent of the United States population, but represent 38 percent of youth in secure placement juvenile facilities, and 58 percent of youth incarcerated in adult prisons. (4) Research funded by the Department of Justice indicates that gang-membership is short-lived among adolescents. With very few youth remaining gang-involved throughout their adolescent years, ongoing opportunities for intervention exist. (5) Criminal justice costs have become burdensome in many States and cities, requiring reductions in vital educational, social, welfare, mental health, and related services. (6) Direct expenditures for each of the major criminal justice functions, police, corrections, and judicial services, have increased steadily over the last 25 years. In fiscal year 2009, Federal, State, and local governments spent an estimated $258,000,000,000 for police protection, corrections, and judicial and legal services, nearly a 207-percent increase since 1982. (7) In 2009, State governments spent $5,700,000,000 to incarcerate youth. The average annual cost to incarcerate one youth is $88,000. (8) Coordinated efforts of stakeholders in the juvenile justice system in a local community, together with other organizations and community members concerned with the safety and welfare of children, have a strong record of demonstrated success in reducing the impact of youth and gang-related crime and violence, as demonstrated in Boston, Massachusetts, Chicago, Illinois, Richmond, Virginia, Los Angeles, California, and other communities. (9) Investment in prevention and intervention programs for children and youth, including quality early childhood programs, comprehensive evidence-based school, after school, and summer school programs, mentoring programs, mental health and treatment programs, evidence-based job training programs, and alternative intervention programs, has been shown to lead to decreased youth arrests, decreased delinquency, lower recidivism, and greater financial savings from an educational, economic, social, and criminal justice perspective. (10) Quality early childhood education programs have been demonstrated to help children start school ready to learn and to reduce delinquency and criminal street gang activity risks. (11) Evidence-based mentoring programs have been shown to prevent youth drug abuse and violence. (12) Evidence-based school-based comprehensive instructional programs that pair youth with responsible adult mentors have been shown to have a strong impact upon delinquency prevention. (13) After-school programs that connect children to caring adults and that provide constructive activities during the peak hours of juvenile delinquency and criminal street gang activity, between 3 p.m. and 6 p.m., have been shown to reduce delinquency and the attendant costs imposed on the juvenile and criminal justice systems. (14) States with higher levels of educational attainment have been shown to have crime rates lower than the national average. Researchers have found that a 5-percent increase in male high school graduation rates would produce an annual savings of almost $5,000,000,000 in crime-related expenses. (15) Therapeutic programs that engage and motivate high-risk youth and their families to change behaviors that often result in criminal activity have been shown to significantly reduce recidivism among juvenile offenders, and significantly reduce the attendant costs of crime and delinquency imposed upon the juvenile and criminal justice systems. (16) Comprehensive programs that target kids who are already serious juvenile offenders by addressing the multiple factors in peer, school, neighborhood, and family environments known to be related to delinquency can reduce recidivism among juvenile offenders and save the public significant economic costs. (17) There are many alternatives to incarceration of youth that have been proven to be more effective in reducing crime and violence at the Federal, State, local, and tribal levels, and the failure to provide for such effective alternatives is a pervasive problem that leads to increased youth, and later adult, crime and violence. (18) Savings achieved through early intervention and prevention are significant, especially when noncriminal justice social, educational, mental health, and economic outcomes are considered. (19) The prevention of child abuse and neglect can help stop a cycle of violence and save up to $5.00 for every $1.00 invested in preventing such abuse and neglect. (20) Targeting interventions at special youth risk groups and focusing upon relatively low-cost interventions increases the probability of fiscal benefit. (21) Evidence-based intervention treatment facilities have been shown to reduce youth delinquency and to be cost-effective. (22) States, including Wisconsin, Ohio, New York, Texas, and Pennsylvania, have seen a reduction in juvenile incarceration due to a reallocation of criminal justice funds towards prevention programs. (23) The rise in homicides in several cities in recent years followed declines in Federal funding provided for law enforcement, educational, health and mental health, social services, and other support to localities for youth, their families, and other community-oriented programs and approaches. 5. Allotment for Youth PROMISE Programs Not more than 50 percent of the total amount available for the Edward Byrne Memorial Criminal Justice Innovation Program for each fiscal year shall be made available to carry out this Act. I FEDERAL COORDINATION OF LOCAL AND TRIBAL JUVENILE JUSTICE INFORMATION AND EFFORTS 101. PROMISE Advisory Panel (a) Organization of State Advisory Group Member Representatives Section 223(f) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5633(f) (1) in paragraph (1), by striking an eligible organization composed of member representatives of the State advisory groups appointed under subsection (a)(3) a nonpartisan, nonprofit organization that is described in section 501(c)(3) (2) by amending paragraph (2) to read as follows: (2) Assistance To be eligible to receive such assistance, such organization shall— (A) be governed by individuals who— (i) have been appointed by a chief executive of a State to serve as a State advisory group member under subsection (a)(3); and (ii) are elected to serve as a governing officer of such organization by a majority of the Chairs (or Chair-designees) of all such State advisory groups; (B) include member representatives from a majority of such State advisory groups, who shall be representative of regionally and demographically diverse States and jurisdictions; (C) annually seek appointments by the chief executive of each State of one State advisory group member and one alternate State advisory group member from each such State to implement the advisory functions specified in clauses (iv) and (v) of subparagraph (D) (D) agree to carry out activities that include— (i) conducting an annual conference of such member representatives for purposes relating to the activities of such State advisory groups; (ii) disseminating information, data, standards, advanced techniques, and program models; (iii) reviewing Federal policies regarding juvenile justice and delinquency prevention; (iv) advising the Administrator with respect to particular functions or aspects of the work of the Office, and appointing a representative, diverse group of members of such organization under subparagraph (C) PROMISE Advisory Panel (v) advising the President and Congress with regard to State perspectives on the operation of the Office and Federal legislation pertaining to juvenile justice and delinquency prevention. . (b) PROMISE Advisory Panel Section 223 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5633 (g) PROMISE Advisory Panel (1) Functions The PROMISE Advisory Panel required under subsection (f)(2)(D) shall— (A) assess successful evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention carried out by PROMISE Coordinating Councils under the Youth PROMISE Act; (B) provide the Administrator with a list of individuals and organizations with experience in administering or evaluating practices that serve youth involved in, or at risk of involvement in, juvenile delinquency and criminal street gang activity, from which the Administrator shall select individuals who shall— (i) provide to the Administrator peer reviews of applications submitted by units of local government and Indian tribes pursuant to title II of the Youth PROMISE Act, to ensure that such applications demonstrate a clear plan to— (I) serve youth as part of an entire family unit; and (II) coordinate the delivery of service to youth among agencies; and (ii) advise the Administrator with respect to the award and allocation of PROMISE Planning grants to local and tribal governments that develop PROMISE Coordinating Councils, and of PROMISE Implementation grants to such PROMISE Coordinating Councils, pursuant to title II of the Youth PROMISE Act; and (C) develop performance standards to be used to evaluate programs and activities carried out with grants under title II of the Youth PROMISE Act, including the evaluation of changes achieved as a result of such programs and activities related to decreases in juvenile delinquency and criminal street gang activity, including— (i) prevention of involvement by at-risk youth in juvenile delinquency or criminal street gang activity; (ii) diversion of youth with a high risk of continuing involvement in juvenile delinquency or criminal street gang activity; and (iii) financial savings from deferred or eliminated costs, or other benefits, as a result of such programs and activities, and the reinvestment by the unit or tribe of any such savings. (2) Annual report Not later than 18 months after the date of the enactment of the Youth PROMISE Act, and annually thereafter, the PROMISE Advisory Panel shall prepare a report containing the findings and determinations under paragraph (1)(A) and shall submit such report to Congress, the President, the Attorney General, and the chief executive and chief law enforcement officer of each State, unit of local government, and Indian tribe. . (c) Authorization of appropriations Section 299(a)(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5671(a)(1) (1) There are authorized to be appropriated such sums as may be necessary to carry out this title for each of the fiscal years 2014 through 2016. . 102. Geographic assessment of resource allocation (a) Grant for collection of data To determine need The Administrator shall award a grant, on a competitive basis, to an organization to— (1) collect and analyze data related to the existing juvenile delinquency and criminal street gang activity prevention and intervention needs and resources in each designated geographic area; (2) use the data collected and analyzed under paragraph (1) (3) use the data collected and analyzed under paragraph (1) paragraph (2) (4) periodically update the list and rankings under paragraph (3) (b) Data sources In compiling such list and determining such rankings, the organization shall collect and analyze data relating to juvenile delinquency and criminal street gang activity prevention and intervention— (1) using the geographic information system and Web-based mapping application known as the Socioeconomic Mapping and Resource Topography (SMART) system; (2) from the Department of Health and Human Services, the Department of Labor, the Department of Housing and Urban Development, and the Department of Education; and (3) from the annual KIDS Count Data Book and other data made available by the KIDS Count initiative of the Annie E. Casey Foundation. (c) Use of data by the administrator The list and rankings required by this section shall be provided to the Administrator to be used to provide funds under this Act in the most strategic and effective manner to ensure that resources and services are provided to youth in the communities with the greatest need for such resources and services. (d) Limitation on use of collected data The information collected and analyzed under this section may not be used for any purpose other than to carry out the purposes of this Act. Such information may not be used for any purpose related to the investigation or prosecution of any person, or for profiling of individuals based on race, ethnicity, socio-economic status, or any other characteristic. (e) Limitation of allocation Of the amount made available for fiscal year 2014 to carry out this section and subtitle A of title II of this Act (as authorized under section 205), not more than 1 percent of such amount, or $1,000,000, whichever is less, shall be available to carry out this section. II PROMISE GRANTS 201. Purposes The purposes of the grant programs established under this title are to— (1) enable local and tribal communities to assess the unmet needs of youth who are involved in, or are at risk of involvement in, juvenile delinquency or criminal street gangs; (2) develop plans appropriate for a community to address those unmet needs with juvenile delinquency and gang prevention and intervention practices; and (3) implement and evaluate such plans in a manner consistent with this Act. A PROMISE Assessment and Planning Grants 202. PROMISE Assessment and Planning grants authorized (a) Grants authorized The Administrator is authorized to award grants to units of local government and Indian tribes to assist PROMISE Coordinating Councils with planning and assessing evidence-based and promising practices relating to juvenile delinquency and criminal street gang activity prevention and intervention, especially for youth who are involved in, or who are at risk of involvement in, juvenile delinquency and criminal street gang activity. Such PROMISE Coordinating Councils shall— (1) conduct an objective needs and strengths assessment in accordance with section 203; and (2) develop a PROMISE Plan in accordance with section 204, based on the assessment conducted in accordance with section 203. (b) Grant duration (1) Duration A grant awarded under this section shall be for a period not to exceed one year. (2) Maximum grant amount A grant awarded under this section shall not exceed $300,000. 203. PROMISE Coordinating Councils To be eligible to receive a grant under this subtitle, a unit of local government or an Indian tribe shall establish a PROMISE Coordinating Council for each community of such unit or tribe, respectively, for which such unit or tribe is applying for a grant under this subtitle. Each such community shall include one or more designated geographic areas identified on the list required under section 102(a)(2). The members of such a PROMISE Coordinating Council shall be representatives of public and private sector entities and individuals that— (1) should include at least one representative from each of the following: (A) the local chief executive’s office; (B) a local educational agency; (C) a local health agency or provider; (D) a local mental health agency or provider, unless the representative under subparagraph (C) also meets the requirements of this subparagraph; (E) a local public housing agency; (F) a local law enforcement agency; (G) a local child welfare agency; (H) a local juvenile court; (I) a local juvenile prosecutor’s office; (J) a private juvenile residential care entity; (K) a local juvenile public defender’s office; (L) a State juvenile correctional entity; (M) a local business community representative; and (N) a local faith-based community representative; (2) shall include two representatives from each of the following: (A) parents who have minor children, and who have an interest in the local juvenile or criminal justice systems; (B) youth between the ages of 15 and 24 who reside in the jurisdiction of the unit or tribe; and (C) members from nonprofit community-based organizations that provide effective delinquency prevention and intervention to youth in the jurisdiction of the unit or tribe; and (3) may include other members, as the unit or tribe determines to be appropriate. 204. Needs and strengths assessment (a) Assessment Each PROMISE Coordinating Council receiving funds from a unit of local government or Indian tribe under this subtitle shall conduct an objective strengths and needs assessment of the resources of the community for which such PROMISE Coordinating Council was established, to identify the unmet needs of youth in the community with respect to evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention. The PROMISE Coordinating Council shall consult with a research partner receiving a grant under section 302 for assistance with such assessment. Such assessment shall include, with respect to the community for which such PROMISE Coordinating Council was established— (1) the number of youth who are at-risk of involvement in juvenile delinquency or street gang activity; (2) the number of youth who are involved in juvenile delinquency or criminal street gang activity, including the number of such youth who are at high risk of continued involvement; (3) youth unemployment rates during the summer; (4) the number of individuals on public financial assistance (including a breakdown of the numbers of men, women, and children on such assistance); (5) the estimated number of youth who are chronically truant; (6) the number of youth who have dropped out of school in the previous year; (7) for the year before such assessment, the estimated total amount expended (by the community and other entities) for the incarceration of offenders who were convicted or adjudicated delinquent for an offense that was committed in such community, including amounts expended for the incarceration of offenders in prisons, jails, and juvenile facilities that are located in the United States but are not located in such community; (8) a comparison of the amount under paragraph (5) with an estimation of the amount that would be expended for the incarceration of offenders described in such paragraph if the number of offenders described in such paragraph was equal to the national average incarceration rate per 100,000 population; (9) a description of evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention available for youth in the community, including school-based programs, after school programs (particularly programs that have activities available for youth between 3 p.m. and 6 p.m. in the afternoon), weekend activities and programs, youth mentoring programs, faith and community-based programs, summer activities, and summer jobs, if any; and (10) a description of evidence-based and promising intervention practices available for youth in the community. (b) Limitation on use of assessment information Information gathered pursuant to this section may be used for the sole purpose of developing a PROMISE Plan in accordance with this subtitle. 205. PROMISE Plan components (a) In general Each PROMISE Coordinating Council receiving funds from a unit of local government or Indian tribe under this subtitle shall develop a PROMISE Plan to provide for the coordination of, and, as appropriate, to support the delivery of, evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention to youth and families who reside in the community for which such PROMISE Coordinating Council was established. Such a PROMISE Plan shall— (1) include the strategy by which the PROMISE Coordinating Council plans to prioritize and allocate resources and services toward the unmet needs of youth in the community, consistent with the needs and available resources of communities with the greatest need for assistance, as determined pursuant to section 102; (2) include a combination of evidence-based and promising prevention and intervention practices that are responsive to the needs of the community; and (3) ensure that cultural and linguistic needs of the community are met. (b) Mandatory components Each PROMISE Plan shall— (1) include a plan to connect youth identified in paragraphs (1) and (2) of section 203(a) to evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention; (2) identify the amount or percentage of local funds that are available to the PROMISE Coordinating Council to carry out the PROMISE Plan; (3) provide strategies to improve indigent defense delivery systems, with particular attention given to groups of children who are disproportionately represented in the State delinquency system and Federal criminal justice system, as compared to the representation of such groups in the general population of the State; (4) provide for training (which complies with the American Bar Association Juvenile Justice Standards for the representation and care of youth in the juvenile justice system) of prosecutors, defenders, probation officers, judges and other court personnel related to issues concerning the developmental needs, challenges, and potential of youth in the juvenile justice system, (including training related to adolescent development and mental health issues, and the expected impact of evidence-based practices and cost reduction strategies); (5) ensure that the number of youth involved in the juvenile delinquency and criminal justice systems does not increase as a result of the activities undertaken with the funds provided under this subtitle; (6) describe the coordinated strategy that will be used by the PROMISE Coordinating Council to provide at-risk youth with evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention; (7) propose the performance evaluation process to be used to carry out section 211(d), which shall include performance measures to assess efforts to address the unmet needs of youth in the community with evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention; and (8) identify the research partner the PROMISE Coordinating Council will use to obtain information on evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention, and for the evaluation under section 211(d) of the results of the activities carried out with funds under this subtitle. (c) Voluntary components In addition to the components under subsection (b), a PROMISE Plan may include evidence-based or promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention in the following categories: (1) Early childhood development services (such as pre-natal and neo-natal health services), early childhood prevention, voluntary home visiting programs, nurse-family partnership programs, parenting and healthy relationship skills training, child abuse prevention programs, Early Head Start, and Head Start. (2) Child protection and safety services (such as foster care and adoption assistance programs), family stabilization programs, child welfare services, and family violence intervention programs. (3) Youth and adolescent development services, including job training and apprenticeship programs, job placement and retention training, education and after school programs (such as school programs with shared governance by students, teachers, and parents, and activities for youth between the hours of 3 p.m. and 6 p.m. in the afternoon), mentoring programs, conflict resolution skills training, sports, arts, life skills, employment and recreation programs, summer jobs, and summer recreation programs, and alternative school resources for youth who have dropped out of school or demonstrate chronic truancy. (4) Health and mental health services, including cognitive behavioral therapy, play therapy, and peer mentoring and counseling. (5) Substance abuse counseling and treatment services, including harm-reduction strategies. (6) Emergency, transitional, and permanent housing assistance (such as safe shelter and housing for runaway and homeless youth). (7) Targeted gang prevention, intervention, and exit services such as tattoo removal, successful models of anti-gang crime outreach programs (such as street worker (8) Training and education programs for pregnant teens and teen parents. (9) Alternatives to detention and confinement programs (such as mandated participation in community service, restitution, counseling, and intensive individual and family therapeutic approaches). (10) Pre-release, post-release, and reentry services to assist detained and incarcerated youth with transitioning back into and reentering the community. B PROMISE Implementation Grants 211. PROMISE Implementation grants authorized (a) PROMISE Implementation grants authorized The Administrator of the Office of Juvenile Justice and Delinquency Prevention is authorized to award grants to units of local government and Indian tribes to assist PROMISE Coordinating Councils with implementing PROMISE Plans developed pursuant to subtitle A. (b) Grant duration A grant awarded under this subtitle shall be for a 3-year period. (c) Non-Federal funds required For each fiscal year during the 3-year grant period for a grant under this subtitle, each unit of local government or Indian tribe receiving such a grant for a PROMISE Coordinating Council shall provide, from non-Federal funds, in cash or in-kind, 25 percent of the costs of the activities carried out with such grant. (d) Evaluation Of any funds provided to a unit of local government or an Indian tribe for a grant under this subtitle, not more than $100,000 shall be used to provide a contract to a competitively selected organization to assess the progress of the unit or tribe in addressing the unmet needs of youth in the community, in accordance with the performance measures under section 204(a). 212. PROMISE Implementation grant application requirements (a) Application required To be eligible to receive a PROMISE Implementation grant under this subtitle, a unit of local government or Indian tribe that received a PROMISE Assessment and Planning grant under subtitle A shall submit an application to the Administrator of the Office of Juvenile Justice and Delinquency Prevention not later than one year after the date such unit of local government or Indian tribe was awarded such grant under subtitle A, in such manner, and accompanied by such information, as the Administrator, after consultation with the organization under section 223(f)(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5633(f)(1) (b) Contents of application Each application submitted under subsection (a) shall— (1) identify potential savings from criminal justice costs, public assistance costs, and other costs avoided by utilizing evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention; (2) document— (A) investment in evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention to be provided by the unit of local government or Indian tribe; (B) the activities to be undertaken with the grants funds; (C) any expected efficiencies in the juvenile justice or other local systems to be attained as a result of implementation of the programs funded by the grant; and (D) outcomes from such activities, in terms of the expected numbers related to reduced criminal activity; (3) describe how savings sustained from investment in prevention and intervention practices will be reinvested in the continuing implementation of the PROMISE Plan; and (4) provide an assurance that the local fiscal contribution with respect to evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention in the community for which the PROMISE Coordinating Council was established for each year of the grant period will not be less than the local fiscal contribution with respect to such practices in the community for the year preceding the first year of the grant period. 213. Grant award guidelines (a) Selection and distribution Grants awarded under this subtitle shall be awarded on a competitive basis. The Administrator shall— (1) take such steps as may be necessary to ensure that grants are awarded to units of local governments and Indian tribes in areas with the highest concentrations of youth who are— (A) at-risk of involvement in juvenile delinquency or criminal street gang activity; and (B) involved in juvenile delinquency or street gang activity and who are at high risk of continued involvement; and (2) give consideration to the need for grants to be awarded to units of local governments and Indian tribes in each region of the United States, and among urban, suburban, and rural areas. (b) Extension of grant award The Administrator may extend the grant period under section 211(b)(1) for a PROMISE Implementation grant to a unit of local government or an Indian tribe, in accordance with regulations issued by the Administrator. (c) Renewal of grant award The Administrator may renew a PROMISE Implementation grant to a unit of local government or an Indian tribe to provide such unit or tribe with additional funds to continue implementation of a PROMISE Plan. Such a renewal— (1) shall be initiated by an application for renewal from a unit of local government or an Indian tribe; (2) shall be carried out in accordance with regulations issued by the Administrator; and (3) shall not be granted unless the Administrator determines such a renewal to be appropriate based on the results of the evaluation conducted under section 223(a) with respect to the community of such unit or tribe for which a PROMISE Coordinating Council was established, and for which such unit or tribe is applying for renewal. 214. Reports Not later than one year after the end of the grant period for which a unit of local government or an Indian tribe receives a PROMISE Implementation grant, and annually thereafter for as long as such unit or tribe continues to receive Federal funding for a PROMISE Coordinating Council, such unit or tribe shall report to the Administrator regarding the use of Federal funds to implement the PROMISE Plan developed under subtitle A. C General PROMISE Grant Provisions 221. Nonsupplanting clause A unit of local government or Indian tribe receiving a grant under this title shall use such grant only to supplement, and not supplant, the amount of funds that, in the absence of such grant, would be available to address the needs of youth in the community with respect to evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention. 222. Grant application review panel The Administrator of the Office of Juvenile Justice and Delinquency Prevention, in conjunction with the PROMISE Advisory Panel, shall establish and utilize a transparent, reliable, and valid system for evaluating applications for PROMISE Assessment and Planning grants and for PROMISE Implementation grants, and shall determine which applicants meet the criteria for funding, based primarily on a determination of greatest need (in accordance with section 102), with due consideration to other enumerated factors and the indicated ability of the applicant to successfully implement the program described in the application. 223. Evaluation of PROMISE grant programs (a) Evaluation required The Administrator shall, in consultation with the organization provided assistance under section 223(f)(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5633(f)(1) (1) award grants to institutions of higher education (including institutions that are eligible to receive funds under part F of title III of the Higher Education Act of 1965 (20 U.S.C. 1067q et seq.), to facilitate the evaluation process and measurement of achieved outcomes; (2) identify evidence-based and promising practices used by PROMISE Coordinating Councils under PROMISE Implementation grants that have proven to be effective in preventing involvement in, or diverting further involvement in, juvenile delinquency or criminal street gang activity; and (3) ensure— (A) that such evaluation is based on the performance standards that are developed by the PROMISE Advisory Panel in accordance with section 223(g) of the Juvenile Justice and Delinquency Prevention Act of 1974 (as added by section 101(b) of this Act); (B) the development of longitudinal and clinical trial evaluation and performance measurements with regard to the evidence-based and promising practices funded under this title; and (C) the dissemination of the practices identified in paragraph (2) to the National Research Center for Proven Juvenile Justice Practices (established under section 301), units of local government, and Indian tribes to promote the use of such practices by such units and tribes to prevent involvement in, or to divert further involvement in, juvenile delinquency or criminal street gang activity. (b) Results to the national research center for proven juvenile justice practices The Administrator shall provide the results of the evaluation under subsection (a) to the National Research Center for Proven Juvenile Justice Practices established under section 301. III PROMISE RESEARCH CENTERS 301. Establishment of the National Research Center for Proven Juvenile Justice Practices The Administrator shall award a grant to a nonprofit organization with a national reputation for expertise in operating or evaluating effective, evidence-based practices related to juvenile delinquency and criminal street gang activity prevention or intervention to develop a National Research Center for Proven Juvenile Justice Practices. Such Center shall— (1) collaborate with institutions of higher education as regional partners to create a best practices juvenile justice information-sharing network to support the programs and activities carried out with grants under title II of this Act; (2) collect, and disseminate to PROMISE Coordinating Councils, research and other information about evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention to inform the efforts of PROMISE Coordinating Councils and regional research partners and to support the programs and activities carried out with grants under title II of this Act; (3) increase the public’s knowledge and understanding of effective juvenile justice practices to prevent crime and delinquency and reduce recidivism; and (4) develop, manage, and regularly update a site to disseminate proven practices for successful juvenile delinquency prevention and intervention. 302. Grants for regional research proven practices partnerships The Administrator shall establish a grant program to award grants to institutions of higher education to serve as regional research partners with PROMISE Coordinating Councils that are located in the same geographic region as an institution, in collaboration with the National Research Center for Proven Juvenile Justice Practices authorized under section 301. Regional research partners shall provide research support to such PROMISE Coordinating Councils, including— (1) assistance with preparing PROMISE grant applications under title II, including collection of baseline data for such applications; (2) assistance with the needs and strengths assessments conducted under section 204; and (3) provision of support services to PROMISE grant recipients for data collection and analysis to assess progress under the PROMISE grant.

Youth PROMISE Act

Energy Savings Through Public-Private Partnerships Act of 2013 - Amends the National Energy Conservation Policy Act to direct each federal facility energy manager to consider, not later than two years after completion of a comprehensive energy evaluation of a federal agency's facilities: (1) implementing any energy-saving or conservation measure that the agency identified in the evaluation that is life cycle cost-effective, and (2) bundling individual measures of varying paybacks together into combined projects. (Under current law, the energy manager is not required to consider such actions.) Requires the energy manager, as part of the Web-based compliance certification system, to provide reasons for not implementing life cycle cost-effective measures. Requires each agency to: (1) use the benchmarking systems selected or developed for the agency under the Act to track energy savings realized by the agency through the implementation of energy-saving or conservation measures and submit information regarding such savings for publication on a website of the Department of Energy (DOE), and (2) consider using energy savings performance or utility energy service contracts to implement such measures. Establishes a goal of entering into energy savings performance contracts or utility energy service contracts equal to $1 billion in each year during the 5-year period beginning on January 1, 2014. Requires each agency to report annually to DOE, and DOE to report to Congress, on progress towards achieving such goal.

To amend the National Energy Conservation Policy Act to encourage the increased use of performance contracting in Federal facilities. 1. Short title This Act may be cited as the Energy Savings Through Public-Private Partnerships Act of 2013 2. Findings Congress finds the following: (1) Private sector funding and expertise can help address the energy efficiency challenges facing the United States. (2) The Federal Government spends more than $6 billion annually in energy costs. (3) Reducing Federal energy costs can help save money, create jobs, and reduce waste. (4) Energy savings performance contracts and utility energy service contracts are tools for utilizing private sector investment to upgrade Federal facilities without any up-front cost to the taxpayer. (5) Performance contracting is a way to retrofit Federal buildings using private sector investment in the absence of appropriated dollars. Retrofits seek to reduce energy use, improve infrastructure, protect national security, and cut facility operations and maintenance costs. 3. Use of energy efficiency measures in Federal buildings (a) Implementation of identified energy efficiency measures Section 543(f)(4) of the National Energy Conservation Policy Act ( 42 U.S.C. 8253(f)(4) (4) Implementation of identified energy efficiency measures (A) In general Not later than 2 years after the completion of each evaluation under paragraph (3), each energy manager shall consider— (i) implementing any energy-saving or conservation measure that the Federal agency identified in the evaluation conducted under paragraph (3) that is life cycle cost-effective; and (ii) bundling individual measures of varying paybacks together into combined projects. (B) Measures not implemented The energy manager, as part of the certification system under paragraph (7) and using guidelines developed by the Secretary, shall provide reasons for not implementing any life cycle cost-effective measures under subparagraph (A). . (b) Annual contracting goal Section 543(f)(10)(C) of the National Energy Conservation Policy Act (42 U.S.C. 8253(f)(10)(C)) is amended— (1) by striking Each Federal agency (i) In general Each Federal agency ; and (2) by adding at the end the following new clauses: (ii) Tracking Each Federal agency shall use the benchmarking systems selected or developed for the agency under paragraph (8) to track energy savings realized by the agency through the implementation of energy-saving or conservation measures pursuant to paragraph (4), and shall submit information regarding such savings to the Secretary to be published on a public Web site of the Department of Energy. (iii) Consideration Each Federal agency shall consider using energy savings performance contracts or utility energy service contracts to implement energy-saving or conservation measures pursuant to paragraph (4). (iv) Contracting goal It shall be the goal of the Federal Government, in the implementation of energy-saving or conservation measures pursuant to paragraph (4), to enter into energy savings performance contracts or utility energy service contracts equal to $1,000,000,000 in each year during the 5-year period beginning on January 1, 2014. (v) Report to Congress Not later than September 30 of each year during the 5-year period referred to in clause (iv), each Federal agency shall submit to the Secretary information regarding progress made by the agency towards achieving the goal described in such clause. Not later than 60 days after each such September 30, the Secretary, acting through the Federal Energy Management Program, shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing the progress made by the Federal Government towards achieving such goal. .

Energy Savings Through Public-Private Partnerships Act of 2013

Military Land Withdrawals Act of 2014 - Title I: General Provisions - (Sec. 101) Makes the provisions of this title applicable to any of the withdrawals made by this Act. (Sec. 103) Allows the Secretary concerned (either the Secretary of the Army or the Navy) to take action as is necessary to implement and maintain the closure to the public of any road, trail, or other portion of withdrawn land as military operations, public safety, or national security require. (Sec. 104) Allows the Secretary concerned to authorize the use of withdrawn land for additional defense-related purposes, with notice to the Department of the Interior. (Sec. 105) Allows the use, occupancy, or development of the withdrawn land for non-defense-related purposes with the consent of Interior and the Secretary concerned. Permits Interior to lease withdrawn land to prevent drainage of oil or gas resources. Bars any surface occupancy without the consent of the Secretary concerned. (Sec. 106) Requires the Secretary concerned to take necessary precautions to prevent and suppress brush and range fires resulting from military activities on the withdrawn lands. Requires Interior, at the request of the Secretary concerned, to assist in the suppression of such fires, and be reimbursed by the Secretary concerned. (Sec. 107) Instructs the Secretary concerned to maintain a program of decontamination of contamination caused by defense-related uses on the withdrawn lands. (Sec. 108) Declares that nothing in this Act: (1) establishes a reservation of the United States with respect to any water or water right on withdrawn and reserved lands, or (2) authorizes the appropriation of water on such lands except in accordance with applicable state law. (Sec. 109) Subjects hunting, fishing, and trapping on withdrawn land to requirements for those activities on military installations or facilities. (Sec. 110) Bars the extension or renewal of the withdrawals and reservations established under this Act, except by a law enacted after enactment of this Act. (Sec. 111) Prescribes a procedure for application for renewal of a withdrawal and reservation. (Sec. 112) Declares that, upon termination of a withdrawal and reservation under this Act, the previously withdrawn lands shall not be open to any form of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws, until Interior publishes an appropriate order specifying when such lands shall be restored to the public domain and opened for appropriation under the public land laws. (Sec. 113) Prescribes a procedure for the Secretary concerned to relinquish any or all of the lands withdrawn. Requires the Secretary concerned to decontaminate any contaminated land if practicable and economically feasible. Absolves Interior of any obligation to accept: (1) contaminated lands if their decontamination is not practicable and economically feasible, or (2) any lands determined not suitable for return to the public domain. (Sec. 114) Grants immunity from liability to the United States and U.S. officers and employees for any injuries or damages to persons or property incurred as a result of any authorized nondefense-related activity conducted on withdrawn land. Title II: Military Land Withdrawals - (Sec. 201) Withdraws approximately 1.045 million acres of public lands and interests within the boundaries of the Naval Air Weapons Station China Lake in Inyo, Kern, and San Bernardino Counties in California. Terminates the withdrawal on March 31, 2039. Reserves the withdrawn land for use by the Navy for: (1) use as a research, development, test, and evaluation laboratory; (2) use as a range for air warfare weapons and weapon systems; (3) use as a high-hazard testing and training area for aerial gunnery, rocketry, electronic warfare and countermeasures, tactical maneuvering and air support, and directed energy and unmanned aerial systems; (4) geothermal leasing, development, and related power production activities; and (5) other defense-related purposes. Authorizes that the withdrawn land be managed in a manner that permits the following activities: (1) grazing, (2) protection of wildlife and wildlife habitat, (3) preservation of cultural properties, (4) control of predatory and other animals, (5) recreation and education, (6) prevention and appropriate suppression of brush and range fires resulting from non-military activities, and (7) geothermal leasing and development and related power production activities. Terminates prior withdrawals under the California Military Lands Withdrawal and Overflights Act of 1994. (Sec. 202) Withdraws 18,644 acres of public lands and interests in Broadwater County, Montana (Limestone Hills Training Area Land Withdrawal). Terminates the withdrawal on March 31, 2039. Reserves the withdrawn lands for the Army for: (1) training for active and reserve forces; (2) construction and operation of support and maintenance facilities for those forces; (3) training by the Montana Department of Military Affairs; (4) training by state and local law enforcement agencies, civil defense organizations, and public education institutions; and (5) other defense-related purposes. Declares that nothing in this Act alters any rights reserved for an Indian tribe for tribal use of the withdrawn public lands by treaty or federal law. Requires the Army to consult with any Indian tribes in the vicinity of the withdrawn public land before taking action affecting tribal rights or cultural resources protected by treaty or federal law. Subjects the withdrawn land to regulations related to locatable mineral activities and mining. Prohibits the Army from restricting mining on the land. Directs the Army to remove unexploded ordnance on land subject to mining. Directs the Army and Interior to enter into an agreement regarding coordination of defense-related uses and mining and the ongoing removal of unexploded ordnance. Gives Interior authority to issue grazing permits and leases on this land. (Sec. 203) Withdraws 228, 324 acres of public lands and interests in Imperial and Riverside Counties, California (Chocolate Mountain Aerial Gunnery Range). Terminates the withdrawal on March 31, 2039. Reserves the withdrawn land for the Navy for: (1) testing and training for aerial bombing, missile firing, tactical maneuvering, and air support; (2) small unit ground forces training, including artillery firing, demolition activities, and small arms field training; and (3) other defense-related purposes. Restricts public access to the withdrawn land (other than the land comprising the Bradshaw Trail) and any non-defense use. (Sec. 204) Withdraws 150,928 acres of public lands and interests in San Bernardino County, California ((Twentynine Palms Marine Corps Air Ground Combat Center), divided into exclusive use areas and a shared use area. Terminates the withdrawal and reservation made by this section on March 31, 2039. Reserves the exclusive military use areas for use by the Navy for: (1) sustained, combined arms, live-fire, and maneuver field training for large-scale Marine air ground task forces; (2) individual and unit live-fire training ranges; (3) equipment and tactics development; and (4) other defense-related purposes. Reserves the shared use area for the Navy for defense purposes and for Interior for public recreation and natural resources conservation. Directs the Navy and Interior to establish a Resource Management Group to: (1) implement a public outreach plan to inform the public of the land uses changes and safety restrictions affecting the land, and (2) advise Interior and the Navy on issues associated with the multiple uses of the shared use area. Designates approximately 45,000 acres of land, including the shared use area, as the Johnson Valley Off-Highway Vehicle Recreation Area. (Sec. 205) Withdraws 5,100 acres of land near White Sands Missile Range in New Mexico. Reserves the land for use by the Army for military purposes. Withdraws 37,600 acres of land near Fort Bliss in Texas and New Mexico. Allows the issuance of oil and gas pipeline rights of way on part of this land. Revokes the withdrawal of 2,050 acres of land (part of Fillmore Canyon located in New Mexico) that was reserved for the Army's use. Gives Interior authority for managing this land.

To withdraw and reserve certain public land under the jurisdiction of the Secretary of the Interior for military uses, and for other purposes. 1. Short title This Act may be cited as the Military Land Withdrawals Act 2. Military land withdrawals and codification of statutory provisions relating to China Lake, Limestone Hills, Chocolate Mountain, and Twentynine Palms (a) Military land withdrawals and creation of new chapter Subtitle A of title 10, United States Code, is amended by inserting after chapter 173 the following new chapter: 174 Land withdrawals Subchapter Sec. I. General Provisions 2931 II. China Lake, California 2955 III. Limestone Hills, Montana 2957 IV. Chocolate Mountain, California 2959 V. Twentynine Palms, California 2961 I General provisions Sec. 2931. General applicability; definition. 2932. Maps and legal descriptions. 2933. Access restrictions. 2934. Changes in use. 2935. Authorizations for nondefense-related uses. 2936. Brush and fire prevention and suppression. 2937. On-going decontamination. 2938. Water rights. 2939. Hunting, fishing, and trapping. 2940. Limitations on extensions and withdrawals. 2941. Application for renewal of a withdrawal and reservation. 2942. Limitation on subsequent availability of lands for appropriation. 2943. Relinquishment. 2944. Interchanges and transfers of Federal lands. 2945. Delegability by the Secretary of the Interior. 2946. Land withdrawals; immunity of United States. 2931. General applicability; definition (a) Applicability of subchapter The provisions of this subchapter apply to any withdrawal made by this chapter. (b) Rules of construction (1) Except as may be provided pursuant to section 2944 of this title, nothing in this chapter shall be construed as assigning management of real property under the administrative jurisdiction of the Secretary concerned to the Secretary of the Interior. (2) The terms manage management (c) Definition In this chapter, the term Indian tribe 25 U.S.C. 479a 2932. Maps and legal descriptions (a) Preparation of maps and legal descriptions As soon as practicable after the date of the enactment of a subchapter of this chapter, the Secretary of the Interior shall— (1) publish in the Federal Register a notice containing the legal description of the lands withdrawn and reserved by such subchapter; and (2) file a map or maps and legal description of the lands withdrawn and reserved by such subchapter with the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate and the Committee on Armed Services and the Committee on Natural Resources of the House of Representatives. (b) Legal effect Such maps and legal descriptions shall have the same force and effect as if they were included in this chapter, except that the Secretary of the Interior may correct clerical and typographical errors in such maps and legal descriptions. (c) Availability Copies of such maps and legal descriptions shall be available for public inspection— (1) in the appropriate offices of the Bureau of Land Management; (2) in the office of the commanding officer of the military installation at which the lands are withdrawn; and (3) if the military installation is under the management of the National Guard, in the office of the Adjutant General of the State in which the installation is located. (d) Costs The Secretary concerned shall reimburse the Secretary of the Interior for the costs incurred by the Secretary of the Interior in implementing this section. 2933. Access restrictions (a) In general If the Secretary concerned determines that military operations, public safety, or national security require the closure to the public of any road, trail, or other portion of the lands withdrawn and reserved by a subchapter of this chapter, the Secretary may take such action as the Secretary determines necessary or desirable to effect and maintain such closure. (b) Limitation Any closure under subsection (a) shall be limited to the minimum areas and periods that the Secretary concerned determines are required for the purposes specified in such subsection. (c) Consultation (1) Before a closure under this section is implemented, the Secretary concerned shall consult with the Secretary of the Interior. (2) In a case in which such a closure may affect access to or use of sacred sites or resources considered important by an Indian tribe, the Secretary concerned shall consult, at the earliest practicable time, with that tribe. (3) No consultation is required under paragraph (1) or (2)— (A) if the closure is already provided for in an integrated natural resources management plan, an installation cultural resources management plan, or a land use management plan; or (B) in the case of an emergency, as determined by the Secretary concerned. (d) Notice Immediately preceding and during any closure under subsection (a), the Secretary concerned shall post appropriate warning notices and take other steps, as necessary, to notify the public of the closure. 2934. Changes in use (a) Other uses authorized The Secretary concerned may authorize the use of lands withdrawn and reserved by a subchapter of this chapter for defense-related purposes in addition to the purposes specified in such subchapter. (b) Notice to secretary of the interior The Secretary concerned shall promptly notify the Secretary of the Interior in the event that the lands withdrawn and reserved by a subchapter of this chapter will be used for additional defense-related purposes. Such notification shall indicate— (1) the additional use or uses involved; (2) the planned duration of such additional uses; and (3) the extent to which such additional uses will require that additional or more stringent conditions or restrictions be imposed on otherwise-permitted non-defense-related uses of the withdrawn and reserved lands or portions thereof. 2935. Authorizations for nondefense-related uses (a) Authorizations by the secretary of the interior Subject to the applicable withdrawals contained in each subchapter of this chapter, with the consent of the Secretary concerned, the Secretary of the Interior may authorize the use, occupancy, or development of the lands withdrawn and reserved by this chapter. (b) Authorizations by the secretary concerned The Secretary concerned may authorize the use, occupancy, or development of the lands withdrawn and reserved by this chapter— (1) for a defense-related purpose; or (2) subject to the consent of the Secretary of the Interior, for a non-defense-related purpose. (c) Form of authorization An authorization under this section may be provided by lease, easement, right-of-way, permit, license, or other instrument authorized by law. (d) Prevention of drainage of oil or gas resources For the purpose of preventing drainage of oil or gas resources, the Secretary of the Interior may lease lands otherwise withdrawn from operation of the mineral leasing laws and reserved for defense-related purposes under this chapter, under such terms and conditions as the Secretary considers appropriate. No surface occupancy may be approved by the Secretary of the Interior without the consent of the Secretary concerned. The Secretary of the Interior may unitize or consent to communitization of such lands. The Secretary of the Interior may promulgate regulations to implement this subsection. 2936. Brush and range fire prevention and suppression (a) Required activities The Secretary concerned shall, consistent with any applicable land management plan, take necessary precautions to prevent, and actions to suppress, brush and range fires occurring as a result of military activities on the lands withdrawn and reserved by this chapter, including fires outside those lands that spread from the withdrawn and reserved lands and which occurred as a result of such activities. (b) Cooperation of secretary of the interior At the request of the Secretary concerned, the Secretary of the Interior shall provide assistance in the suppression of such fires and shall be reimbursed for such assistance by the Secretary concerned. Notwithstanding section 2215 of this title, the Secretary concerned may transfer to the Secretary of the Interior, in advance, funds to reimburse the costs of the Department of the Interior in providing such assistance. 2937. On-going decontamination Throughout the duration of a withdrawal and reservation of lands under this chapter, the Secretary concerned shall maintain, to the extent funds are available for such purpose, a program of decontamination of contamination caused by defense-related uses on such lands consistent with applicable Federal and State law. The Secretary of Defense shall include a description of such decontamination activities in the annual report required by section 2711 of this title. 2938. Water rights (a) No reservation created Nothing in this chapter shall be construed— (1) to establish a reservation in favor of the United States with respect to any water or water right on the lands withdrawn and reserved by this chapter; or (2) to authorize the appropriation of water on such lands except in accordance with applicable State law. (b) Effect on previously acquired or reserved water rights This section shall not be construed to affect any water rights acquired or reserved by the United States before the date of the enactment of the applicable subchapter of this chapter, and the Secretary concerned may exercise any such previously acquired or reserved water rights. 2939. Hunting, fishing, and trapping Section 2671 of this title shall apply to all hunting, fishing, and trapping on the lands withdrawn and reserved by this chapter and for which management has been assigned to the Secretary concerned. 2940. Limitation on extensions and renewals The withdrawals and reservations established by this chapter may not be extended or renewed except by a law enacted by Congress. 2941. Application for renewal of a withdrawal and reservation (a) Notice To the extent practicable, no later than five years before the termination of a withdrawal and reservation established by a subchapter of this chapter, the Secretary concerned shall notify the Secretary of the Interior as to whether or not the Secretary concerned will have a continuing defense-related need for any of the lands withdrawn and reserved by such subchapter after the termination date of such withdrawal and reservation. The Secretary concerned shall provide a copy of the notice to the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate and the Committee on Armed Services and the Committee on Natural Resources of the House of Representatives. (b) Filing for extension If the Secretary concerned concludes that there will be a continuing defense-related need for any of such lands after the termination date, the Secretary shall file an application for extension of the withdrawal and reservation of such needed lands in accordance with the regulations and procedures of the Department of the Interior applicable to the extension of withdrawals. 2942. Limitation on subsequent availability of lands for appropriation At the time of termination of a withdrawal and reservation made by a subchapter of this chapter, the previously withdrawn lands shall not be open to any form of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws, until the Secretary of the Interior publishes in the Federal Register an appropriate order specifying the date upon which such lands shall be restored to the public domain and opened for such purposes. 2943. Relinquishment (a) Notice of intention To relinquish If, during the period of withdrawal and reservation, the Secretary concerned decides to relinquish any or all of the lands withdrawn and reserved by a subchapter of this chapter, the Secretary concerned shall file a notice of intention to relinquish with the Secretary of the Interior. (b) Determination of contamination As a part of the notice under subsection (a), the Secretary concerned shall include a written determination concerning whether and to what extent the lands that are to be relinquished are contaminated with explosive materials or toxic or hazardous substances. (c) Public notice The Secretary of the Interior shall publish in the Federal Register the notice of intention to relinquish, including the determination concerning the contaminated state of the lands. (d) Decontamination of lands To be relinquished (1) Decontamination required If land subject of a notice of intention to relinquish pursuant to subsection (a) is contaminated, and the Secretary of the Interior, in consultation with the Secretary concerned, determines that decontamination is practicable and economically feasible (taking into consideration the potential future use and value of the land) and that, upon decontamination, the land could be opened to operation of some or all of the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws, the Secretary concerned shall decontaminate the land to the extent that funds are appropriated for such purpose. (2) Alternatives If the Secretary of the Interior, after consultation with the Secretary concerned, concludes that decontamination of land subject of a notice of intention to relinquish pursuant to subsection (a) is not practicable or economically feasible, or that the land cannot be decontaminated sufficiently to be opened to operation of some or all of the public land laws, or if Congress does not appropriate sufficient funds for the decontamination of such land, the Secretary of the Interior shall not be required to accept the land proposed for relinquishment. (3) Status of contaminated lands upon termination If, because of their contaminated state, the Secretary of the Interior declines to accept the lands withdrawn and reserved by a subchapter of this chapter which have been proposed for relinquishment, or if at the expiration of the withdrawal and reservation made by such subchapter the Secretary of the Interior determines that some of the lands withdrawn and reserved by such subchapter are contaminated to an extent which prevents opening such contaminated lands to operation of the public land laws— (A) the Secretary concerned shall take appropriate steps to warn the public of the contaminated state of such lands and any risks associated with entry onto such lands; (B) after the expiration of the withdrawal and reservation, the Secretary concerned shall undertake no activities on such lands except in connection with decontamination of such lands; and (C) the Secretary concerned shall report to the Secretary of the Interior and to the Congress concerning the status of such lands and all actions taken in furtherance of this paragraph. (e) Revocation authority Upon deciding that it is in the public interest to accept the lands proposed for relinquishment pursuant to subsection (a), the Secretary of the Interior may order the revocation of a withdrawal and reservation established by a subchapter of this chapter as it applies to such lands. The Secretary of the Interior shall publish in the Federal Register the revocation order, which shall— (1) terminate the withdrawal and reservation; (2) constitute official acceptance of the lands by the Secretary of the Interior; and (3) state the date upon which the lands will be opened to the operation of some or all of the public land laws, including the mining laws. (f) Acceptance by secretary of the interior Nothing in this section shall be construed to require the Secretary of the Interior to accept the lands proposed for relinquishment if the Secretary determines that such lands are not suitable for return to the public domain. If the Secretary makes such a determination, the Secretary shall provide notice of the determination to Congress. 2944. Interchanges and transfers of Federal lands (a) Authority The Secretary of the Interior and the Secretary concerned may interchange or transfer between each other parcels of Federal land under their jurisdiction. A parcel may include multiple non-contiguous pieces of Federal lands. (b) Conditions Any interchange or transfer of land under this section is subject to the following conditions: (1) The Secretary of the Interior and the Secretary concerned must each determine that the interchange or transfer is to the benefit of their respective department and in the public interest. (2) Both parcels of land to be interchanged must, before the interchange, be located on the same military installation. (3) Both parcels of land to be interchanged must be of approximately the same acreage. (4) The parcel to be transferred must be located on the military installation to which it is transferred. (5) The parcel interchanged or transferred by the Secretary of the Interior must be part of the lands withdrawn and reserved by this chapter. (6) The parcel interchanged or transferred by the Secretary concerned must be under the administrative jurisdiction of the Secretary concerned and excess to the needs of the Department of Defense. (7) During the term of a withdrawal, no more than 5,000 acres may be transferred under this section by one Secretary to the other on any one military installation. (c) Status of federal land after interchange Upon completion of an interchange or transfer under this section— (1) at the discretion of the Secretary of the Interior, a parcel received by the Secretary of the Interior may— (A) become withdrawn and reserved lands under the provisions of this chapter; or (B) be managed as public lands under the provisions of the Federal Land Policy and Management Act ( 43 U.S.C. 1701 et seq. (2) a parcel received by the Secretary concerned shall— (A) cease to be part of the public lands and lands withdrawn and reserved by this chapter; and (B) be treated as property under section 102(9) (d) Equalization payments Neither the Secretary of the Interior nor the Secretary concerned may make an equalization payment to further a land interchange or transfer under this section. 2945. Delegability by the Secretary of the Interior The Secretary of the Interior may delegate the Secretary’s functions under this chapter, except that an order pursuant to section 2942 of this title and a revocation order pursuant to section 2943(e) of this title may be approved and signed only by individuals in the Office of the Secretary who have been appointed by the President, by and with the advice and consent of the Senate. 2946. Land withdrawals; immunity of the United States The United States and all departments and agencies thereof, and their officers and employees, shall be held harmless and shall not be liable for any injuries or damages to persons or property suffered in the course of any mining or mineral or geothermal leasing activity or other authorized non-defense-related activity conducted on lands withdrawn and reserved by this chapter. II China lake, california Sec. 2955a. Withdrawal and reservation. 2955b. Management of withdrawn and reserved lands. 2955c. Duration of withdrawal and reservation. 2955a. Withdrawal and reservation (a) Withdrawal (1) Subject to valid existing rights and except as otherwise provided in this subchapter, the public lands and interests in lands described in subsection (c), and all other areas within the boundary of such lands as depicted on the map provided for by section 2932 of this title which may become subject to the operation of the public land laws, are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing laws. (b) Reservation The lands withdrawn by subsection (a) are reserved for use by the Secretary of the Navy for the following purposes: (1) Use as a research, development, test, and evaluation laboratory. (2) Use as a range for air warfare weapons and weapon systems. (3) Use as a high-hazard testing and training area for aerial gunnery, rocketry, electronic warfare and countermeasures, tactical maneuvering and air support, and directed energy and unmanned aerial systems. (4) Geothermal leasing, development, and related power production activities. (5) Other defense-related purposes consistent with the purposes specified in the preceding paragraphs and authorized pursuant to section 2934 of this title. (c) Land description The public lands and interests in lands referred to in subsection (a) are the Federal lands located within the boundaries of the Naval Air Weapons Station China Lake, comprising approximately 1,030,000 acres in Inyo, Kern, and San Bernardino Counties, California, as generally depicted on a map entitled Naval Air Weapons Station China Lake Withdrawal—Renewal 2955b. Management of withdrawn and reserved lands (a) Management by the secretary of the interior (1) Except as provided in subsection (b), during the period of the withdrawal and reservation of lands by this subchapter, the Secretary of the Interior shall manage the lands withdrawn and reserved by section 2955a of this title in accordance with this chapter, the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), and other applicable law. (2) To the extent consistent with applicable law and Executive orders, the lands withdrawn by section 2955a of this title may be managed in a manner permitting the following activities: (A) Grazing. (B) Protection of wildlife and wildlife habitat. (C) Preservation of cultural properties. (D) Control of predatory and other animals. (E) Recreation and education. (F) Prevention and appropriate suppression of brush and range fires resulting from non-military activities. (G) Geothermal leasing and development and related power production activities. (3) All non-defense-related uses of such lands, including the uses described in paragraph (2), shall be subject to such conditions and restrictions as may be necessary to permit the defense-related use of such lands for the purposes specified in or authorized pursuant to this chapter. (b) Assignment of management (1) The Secretary of the Interior may assign the management responsibility, in whole or in part, for the lands withdrawn and reserved by section 2955a of this title to the Secretary of the Navy who, if so assigned, shall manage such lands in accordance with this title, title I of the Sikes Act ( 16 U.S.C. 670a et seq. (2) The Secretary of the Interior shall be responsible for the issuance of any lease, easement, right-of-way, permit, license, or other instrument authorized by law with respect to any activity which involves both the lands withdrawn and reserved by section 2955a of this title and any other lands not under the administrative jurisdiction of the Secretary of the Navy. Any such authorization shall be issued only with the consent of the Secretary of the Navy and shall be subject to such conditions as the Secretary of the Navy may prescribe with regard to those lands withdrawn and reserved by section 2955a of this title. (3) Neither this chapter nor any other provision of law shall be construed to prohibit the Secretary of the Interior from issuing and administering any lease pursuant to the Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. (4) This chapter shall not affect the geothermal exploration and development authority of the Secretary of the Navy under section 2917 of this title with respect to the lands withdrawn and reserved by section 2955a, except that the Secretary of the Navy shall obtain the concurrence of the Secretary of the Interior before taking action under section 2917. (5) Upon the expiration of the withdrawal and reservation or upon the relinquishment of the lands withdrawn and reserved by section 2955a of this title, Navy contracts for the development of geothermal resources at Naval Air Weapons Station China Lake then in effect (as amended or renewed by the Navy after the date of the enactment of this subchapter) shall remain in effect, except that the Secretary of the Interior, with the consent of the Secretary of the Navy, may offer to substitute a standard geothermal lease for any such contract. (6) Any lease made pursuant to section 2935(d) of this title of lands withdrawn and reserved by section 2955a of this title shall require the concurrence of the Secretary of the Navy if the Secretary determines that the proposed lease may interfere with geothermal resources on those lands. (7) The Secretary of the Navy shall be responsible for the management of wild horses and burros located on the lands withdrawn and reserved by section 2955a of this title and may use helicopters and motorized vehicles for such purpose. Such management shall be conducted in accordance with laws applicable to such management on public lands. The Secretary of the Interior and the Secretary of the Navy shall enter into an agreement for implementation of such management. (c) Continuation of existing agreement The agreement between the Secretary of the Interior and the Secretary of the Navy entered into before the date of the enactment of this subchapter pursuant to section 805 of the California Military Lands Withdrawal and Overflights Act of 1994 shall continue in effect until the earlier of— (1) the date on which the Secretaries enter into a new agreement; or (2) the date that is one year after the date of the enactment of this subchapter. (d) Cooperation in development of management plan (1) The Secretary of the Navy and the Secretary of the Interior shall update and maintain cooperative arrangements concerning land resources and land uses on the lands withdrawn and reserved by section 2955a of this title. (2) Cooperative arrangements under paragraph (1) shall focus on and apply to sustainable management and protection of the natural and cultural resources and environmental values found on such withdrawn and reserved lands, consistent with the defense-related purposes for which those lands are withdrawn and reserved. (3) Each cooperative arrangement under paragraph (1) shall include a comprehensive land use management plan which shall integrate and be consistent with all applicable law, including the requirements of title I of the Sikes Act and the Federal Land Policy and Management Act of 1976. Each such management plan shall be reviewed annually and shall be updated, as needed, in response to evolving management requirements and to complement the updates of other applicable land use and resource management and planning. (e) Implementing agreement (1) The Secretary of the Interior and the Secretary of the Navy may enter into a written agreement to implement the comprehensive land use management plan developed under subsection (d). (2) An agreement under paragraph (1) shall include a provision for periodic review of the agreement for its adequacy, effectiveness, and need for revision. (3) The duration of an agreement under paragraph (1) shall be the same as the period of the withdrawal and reservation of lands under this subchapter, but may be amended from time to time. 2955c. Duration of withdrawal and reservation The withdrawal and reservation made by this subchapter shall terminate on March 31, 2039. III Limestone hills, montana Sec. 2957a. Withdrawal and reservation. 2957b. Management of withdrawn and reserved lands. 2957c. Duration of withdrawal and reservation. 2957d. Special rules governing minerals management. 2957e. Grazing. 2957a. Withdrawal and reservation (a) Withdrawal Subject to valid existing rights and except as otherwise provided in this subchapter, the public lands and interests in lands described in subsection (c), and all other areas within the boundary of such lands as depicted on the map provided for by section 2932 of this title which may become subject to the operation of the public land laws, are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws. (b) Reservation The lands withdrawn by subsection (a) are reserved for use by the Secretary of the Army for the following purposes: (1) The conduct of training for active and reserve components of the armed forces. (2) The conduct of training by the Montana Department of Military Affairs; any such use may not interfere with purposes specified in paragraphs (1) and (3). (3) The construction, operation, and maintenance of organizational support and maintenance facilities for component units conducting training. (4) Other defense-related purposes consistent with the purposes specified in the preceding paragraphs and authorized pursuant to section 2934 of this title. (5) The conduct of training by State and local law enforcement agencies, civil defense organizations, and public education institutions; any such use may not interfere with military training activities. (c) Land description The public lands and interests in lands referred to in subsection (a) are the Federal lands comprising approximately 18,644 acres in Broadwater County, Montana, as generally depicted as Proposed Land Withdrawal Limestone Hills Training Area Land Withdrawal (d) Indian tribes Nothing in this subchapter shall be construed as altering any rights reserved for an Indian tribe for tribal use by treaty or Federal law. Subject to section 2933 of this title, the Secretary of the Army shall consult with any Indian tribe in the vicinity of the lands withdrawn and reserved by this section before taking action affecting tribal rights or cultural resources protected by treaty or Federal law. 2957b. Management of withdrawn and reserved lands During the period of the withdrawal and reservation made by this subchapter, the Secretary of the Army shall manage the lands withdrawn and reserved by this subchapter for the purposes specified in section 2957a of this title. 2957c. Duration of withdrawal and reservation (a) Term The withdrawal and reservation made by this subchapter shall terminate on March 31, 2039. (b) Extension of term Notwithstanding section 2940 of this title, in accordance with section 2 of the Act of February 28, 1958, Public Law 85–337 Engle Act 43 U.S.C. 156 43 U.S.C. 1714 2957d. Special rules governing minerals management (a) Indian creek mine Locatable mineral activities in the approved Indian Creek Mine, plan of operations MTM–78300, shall be regulated pursuant to subparts 3715 and 3809 of title 43, Code of Federal Regulations. Notwithstanding section 2935 of this title, the Secretary of the Army shall make no determination that the disposition of or exploration for minerals as provided for in the approved plan of operations is inconsistent with the military uses of such lands. The coordination of such disposition of and exploration for minerals with military uses of such lands shall be determined pursuant to procedures in an agreement provided for under subsection (d). (b) Removal of unexploded ordnance on lands To be mined The Secretary of the Army shall request funding for and, subject to the availability of such funds, shall remove unexploded ordnance on lands withdrawn and reserved by this subchapter which are subject to mining under subsection (a), consistent with applicable Federal and State law. The Secretary of the Army may engage in such removal of unexploded ordnance in phases to accommodate the development of the Indian Creek Mine pursuant to subsection (a). (c) Report on removal activities The Secretary of the Army shall annually submit to the Secretary of the Interior a report regarding the unexploded ordnance removal activities for the previous fiscal year performed pursuant to subsection (b). The report shall include the amounts of funding expended for unexploded ordnance removal on such lands. (d) Implementation agreement for mining activities (1) The Secretary of the Interior and the Secretary of the Army shall enter into an agreement to implement this section with regard to coordination of defense-related uses and mining and the ongoing removal of unexploded ordnance. The agreement shall provide the following: (A) Procedures that will be used to facilitate day-to-day joint-use of the Limestone Hills Training Area. (B) Procedures for access through mining operations covered by this section to training areas within the boundaries of the Limestone Hills Training Area. (C) Procedures for scheduling of the removal of unexploded ordnance. (2) The Secretary of the Interior and the Secretary of the Army shall invite Graymont Western US, Inc., or any successor or assign of the approved Indian Creek Mine mining plan of operations, MTM–78300, to be a party to the agreement. 2957e. Grazing (a) Issuance and administration of permits and leases The issuance and administration of grazing permits and leases, including their renewal, on the lands withdrawn and reserved by this subchapter shall be managed by the Secretary of the Interior consistent with all applicable laws, regulations, and policies of the Secretary of the Interior relating to such permits and leases. (b) Safety requirements With respect to any grazing permit or lease issued after the date of enactment of this subchapter for lands withdrawn and reserved by this subchapter, the Secretary of the Interior and the Secretary of the Army shall jointly establish procedures that are consistent with Department of the Army explosive and range safety standards and that provide for the safe use of any such lands. (c) Assignment The Secretary of the Interior may, with the agreement of the Secretary of the Army, assign the authority to issue and to administer grazing permits and leases to the Secretary of the Army, except that such an assignment may not include the authority to discontinue grazing on the lands withdrawn and reserved by this subchapter. IV Chocolate mountain, california Sec. 2959a. Withdrawal and reservation. 2959b. Management of withdrawn and reserved lands. 2959c. Duration of withdrawal and reservation. 2959d. Access. 2959a. Withdrawal and reservation (a) Withdrawal Subject to valid existing rights and except as otherwise provided in this subchapter, the public lands and interests in lands described in subsection (c), and all other areas within the boundary of such lands as depicted on the map provided for by section 2932 of this title which may become subject to the operation of the public land laws, are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws. (b) Reservation The lands withdrawn by subsection (a) are reserved for use by the Secretary of the Navy for the following purposes: (1) Testing and training for aerial bombing, missile firing, tactical maneuvering, and air support. (2) Small unit ground forces training, including artillery firing, demolition activities, and small arms field training. (3) Other defense-related purposes consistent with the purposes specified in the preceding paragraphs and authorized pursuant to section 2934 of this title. (c) Land description The public lands and interests in lands referred to in subsection (a) are the Federal lands comprising approximately 228,325 acres in Imperial and Riverside Counties, California, as generally depicted on a map entitled Chocolate Mountain Aerial Gunnery Range Proposed—Withdrawal 2959b. Management of withdrawn and reserved lands (a) Management by the secretary of the interior Except as provided in subsection (b), during the period of the withdrawal and reservation of lands by this subchapter, the Secretary of the Interior shall manage the lands withdrawn and reserved by section 2959a of this title in accordance with this chapter, the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), and other applicable law. (b) Assignment of management to the secretary of the navy The Secretary of the Interior may assign the management responsibility, in whole or in part, for the lands withdrawn and reserved by section 2959a of this title to the Secretary of the Navy. If the Secretary of the Navy accepts such assignment, that Secretary shall manage such lands in accordance with this title, title I of the Sikes Act ( 16 U.S.C. 670a et seq. (c) Implementing agreement (1) The Secretary of the Interior and the Secretary of the Navy may enter into a written agreement to implement the assignment of management responsibility pursuant to subsection (b). (2) An agreement under paragraph (1) shall include a provision for periodic review of the agreement for its adequacy, effectiveness, and need for revision. (3) The duration of an agreement under paragraph (1) shall be the same as the period of the withdrawal and reservation of lands under this subchapter, but may be amended from time to time. (d) Access agreement The Secretary of the Interior and the Secretary of the Navy may enter into a written agreement to address access to and maintenance of Bureau of Reclamation facilities located within the boundary of the Chocolate Mountains Aerial Gunnery Range. 2959c. Duration of withdrawal and reservation The withdrawal and reservation made by this subchapter shall terminate on March 31, 2039. 2959d. Access Notwithstanding section 2933 of this title, the lands withdrawn and reserved by section 2959a of this title, other than those constituting the Bradshaw Trail, are closed to the public and all uses, other than those authorized by section 2959a(b) of this title or pursuant to section 2934 of this title, shall be subject to such conditions and restrictions as may be necessary to prevent any interference with the uses authorized by section 2959a(b) of this title or pursuant to section 2934 of this title. V Twentynine palms, california Sec. 2961a. Withdrawal and reservation. 2961b. Management of withdrawn and reserved lands. 2961c. Duration of withdrawal and reservation. 2961a. Withdrawal and reservation (a) Withdrawal Subject to valid existing rights and except as otherwise provided in this subchapter, the public lands and interests in lands described in subsection (d), and all other areas within the boundary of such lands as depicted on the map provided for by section 2932 of this title which may become subject to the operation of the public land laws, are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws. (b) Reservation for secretary of the navy The lands withdrawn by subsection (a) constituting the Exclusive Military Use Area are reserved for use by the Secretary of the Navy for the following purposes: (1) Sustained, combined arms, live-fire, and maneuver field training for large-scale Marine air ground task forces. (2) Individual and unit live-fire training ranges. (3) Equipment and tactics development. (4) Other defense-related purposes consistent with the purposes specified in the preceding paragraphs and authorized pursuant to section 2934 of this title. (c) Reservation for secretary of the interior The lands withdrawn by subsection (a) constituting the Shared Use Area are reserved for use by the Secretary of the Navy for the purposes specified in subsection (b) and for the Secretary of the Interior for the following purposes: (1) Public recreation when not used for military training and having been determined as suitable for public use. (2) Natural resources conservation. (d) Land description The public lands and interests in lands referred to in subsection (a) are the Federal lands comprising approximately 154,663 acres in San Bernardino County, California, as generally depicted on a map entitled ___, dated ___, and filed in accordance with section 2932 of this title. Such lands are divided into two areas, as follows: (1) The Exclusive Military Use Area, divided into four areas, consisting of one area to the west of the Marine Corps Air Ground Combat Center of approximately 103,618 acres, one area south of the Marine Corps Air Ground Combat Center of approximately 21,304 acres, and two other areas, each measuring approximately 300 meters square, located inside the boundaries of the Shared Use Area. (2) The Shared Use Area, consisting of approximately 36,755 acres. 2961b. Management of withdrawn and reserved lands (a) Management by the secretary of the navy During the period of withdrawal and reservation of lands by this subchapter, the Secretary of the Navy shall, subject to subsection (b), manage the lands withdrawn and reserved by section 2961a of this title for the purposes specified in such section pursuant to— (1) an integrated natural resources management plan prepared and implemented pursuant to title I of the Sikes Act ( 16 U.S.C. 670 et seq. (2) this title; and (3) a programmatic agreement between the United States Marine Corps and the California State Historic Preservation Officer regarding operation, maintenance, training, and construction at the United States Marine Air Ground Task Force Training Command, Marine Corps Air Ground Combat Center, Twentynine Palms, California. (b) Management by the secretary of the interior (1) During the period of withdrawal and reservation of lands by this subchapter, the Secretary of the Interior shall manage the Shared Use Area except for two 30-day periods each year when such lands are exclusively used by the Secretary of the Navy for military training purposes, during which time the Secretary of the Navy shall manage such lands. (2) The Secretary of the Interior, during the period of the Secretary’s management pursuant to paragraph (1), shall manage the Shared Use Area for the purposes specified in section 2961a(c) of this title in accordance with— (A) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. (B) any other applicable law and regulations. (3) The Secretary of the Navy, during the period of the Secretary’s management pursuant to paragraph (1), shall manage the Shared Use Area for the purposes specified in section 2961a(b) of this title in accordance with— (A) an integrated natural resources management plan prepared and implemented in accordance with title I of the Sikes Act ( 16 U.S.C. 670a et seq. (B) this title; and (C) the programmatic agreement referred to in subsection (a)(3). (c) Public access (1) Notwithstanding section 2933 of this title, the Exclusive Military Use Area shall be closed to all public access unless otherwise authorized by the Secretary of the Navy. (2) The Shared Use Area shall be open to public recreational use during the period it is under the management of the Secretary of the Interior, but only after being determined as suitable for public use by the Secretary of the Navy. Any such determination shall not be unreasonably withheld. (3) (A) The Secretary of the Navy and the Secretary of the Interior, by agreement, shall establish a Resource Management Group comprised of representatives of the Departments of the Interior and Navy. (B) The Group shall— (i) develop and implement a public outreach plan to inform the public of the land uses changes and safety restrictions affecting the withdrawn lands; and (ii) advise the Secretaries of the Interior and Navy as to all issues associated with the multiple uses of the Shared Use Area. (C) The Group shall meet at least once a year and shall seek information from relevant California State agencies, private off-highway vehicle interest groups, event managers, environmental advocacy groups, and others relating to the management and facilitation of recreational use within the Shared Use Area. (4) Military training within the Shared Use Area shall not be conditioned on, nor shall such training be precluded by— (A) the lack of a Department of the Interior developed and implemented recreation management plan or land use management plan for the Shared Use Area; or (B) any legal or administrative challenge to any such recreation management plan or land use plan document. (5) The Shared Use Area shall be managed so as not to compromise the ability of the Department of the Navy to conduct military training in the Area. (d) Implementation agreement The Secretary of the Interior and the Secretary of the Navy shall enter into a written agreement to implement the management responsibility relating to the Shared Use Area. The agreement— (1) shall include a provision for periodic review of the agreement for its adequacy, effectiveness, and need for revision; (2) shall have a duration which shall be the same as the period of the withdrawal and reservation of lands under this subchapter, but may be amended from time to time; (3) may provide for the integration of the management plans required of the Secretaries of the Interior and Navy by this chapter; (4) may provide for delegation to civilian law enforcement personnel of the Department of the Navy of the authority of the Secretary of the Interior to enforce the laws relating to protection of natural and cultural resources and of fish and wildlife; and (5) may provide for the Secretaries of the Interior and Navy to share resources in order to most efficiently and effectively manage the Shared Use Area. (e) Johnson valley off-Highway vehicle recreation area (1) Designation Approximately 45,000 acres (as depicted on the map referred to in section 2961a of this title) of the existing Bureau of Land Management-designated Johnson Valley Off-Highway Vehicle Area that are not withdrawn and reserved for defense-related uses by this subchapter, together with the Shared Use Area, are hereby designated as the Johnson Valley Off-Highway Vehicle Recreation Area (2) Authorized activities To the extent consistent with applicable Federal law and regulations and this chapter, any authorized recreation activities and use designation in effect on the date of the enactment of this subchapter and applicable to the Johnson Valley Off-Highway Vehicle Recreation Area may continue, including casual off-highway vehicular use, racing, competitive events, rock crawling, training, and other forms of off-highway recreation. (3) Administration The Secretary of the Interior shall administer the Johnson Valley Off-Highway Vehicle Recreation Area (other than that portion consisting of the Shared Use Area the management of which is addressed elsewhere in this section) in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and other applicable laws and regulations. (4) Transit In coordination with the Secretary of the Interior, the Secretary of the Navy may authorize transit through the Johnson Valley Off-Highway Vehicle Recreation Area for defense-related purposes supporting military training (including military range management and management of exercise activities) conducted on the lands withdrawn and reserved by this subchapter. 2961c. Duration of withdrawal and reservation The withdrawal and reservation made by this subchapter shall terminate on March 31, 2039. . (b) Compensation to Broadwater County, Montana The Secretary of the Army may pay Broadwater County, Montana, a one-time lump sum payment of $1,000,000 to offset the 25-year loss of payments in lieu of taxes provided to the County by the Federal Government for lands withdrawn and reserved by subchapter III of chapter 174 (c) Termination of prior withdrawals The withdrawal and reservation contained in section 803(a) of the California Military Lands Withdrawal and Overflights Act of 1994 is hereby terminated. Notwithstanding such termination, all rules, regulations, orders, permits, and other privileges issued or granted by the Secretary of the Interior or a Secretary concerned with respect to the lands withdrawn and reserved under such section, unless inconsistent with the provisions of chapter 174 (d) Clerical amendment The table of chapters at the beginning of subtitle A of such title and at the beginning of part IV of such subtitle are each amended by inserting after the item relating to chapter 173 the following new item: 174. Land Withdrawals 2931 . 1. Short title; table of contents (a) Short title This Act may be cited as the Military Land Withdrawals Act of 2014 (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—General Provisions Sec. 101. General applicability; definitions. Sec. 102. Maps and legal descriptions. Sec. 103. Access restrictions. Sec. 104. Changes in use. Sec. 105. Authorizations for nondefense-related uses. Sec. 106. Brush and range fire prevention and suppression. Sec. 107. Ongoing decontamination. Sec. 108. Water rights. Sec. 109. Hunting, fishing, and trapping. Sec. 110. Limitation on extensions and renewals. Sec. 111. Application for renewal of a withdrawal and reservation. Sec. 112. Limitation on subsequent availability of land for appropriation. Sec. 113. Relinquishment. Sec. 114. Land withdrawals; immunity of the United States. TITLE II—Military land withdrawals Sec. 201. China Lake, California. Sec. 202. Limestone Hills, Montana. Sec. 203. Chocolate Mountain, California. Sec. 204. Twentynine Palms, California. Sec. 205. White Sands Missile Range and Fort Bliss. 2. Definitions In this Act: (1) Indian tribe The term Indian tribe 25 U.S.C. 479a (2) Manage; management (A) Inclusions The terms manage management (B) Exclusions The terms manage management (3) Secretary concerned The term Secretary concerned section 101(a) I General Provisions 101. General applicability; definitions (a) Applicability of title The provisions of this title apply to any withdrawal made by this Act. (b) Rules of construction Nothing in this title assigns management of real property under the administrative jurisdiction of the Secretary concerned to the Secretary of the Interior. 102. Maps and legal descriptions (a) Preparation of maps and legal descriptions As soon as practicable after the date of enactment of this Act, the Secretary of the Interior shall— (1) publish in the Federal Register a notice containing the legal description of the land withdrawn and reserved by title II; and (2) file maps and legal descriptions of the land withdrawn and reserved by title II with— (A) the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Armed Services and the Committee on Natural Resources of the House of Representatives. (b) Legal effect The maps and legal descriptions filed under subsection (a)(2) shall have the same force and effect as if the maps and legal descriptions were included in this Act, except that the Secretary of the Interior may correct any clerical and typographical errors in the maps and legal descriptions. (c) Availability Copies of the maps and legal descriptions filed under subsection (a)(2) shall be available for public inspection— (1) in the appropriate offices of the Bureau of Land Management; (2) in the office of the commanding officer of the military installation for which the land is withdrawn; and (3) if the military installation is under the management of the National Guard, in the office of the Adjutant General of the State in which the military installation is located. (d) Costs The Secretary concerned shall reimburse the Secretary of the Interior for the costs incurred by the Secretary of the Interior in implementing this section. 103. Access restrictions (a) In general If the Secretary concerned determines that military operations, public safety, or national security require the closure to the public of any road, trail, or other portion of land withdrawn and reserved by this Act, the Secretary may take such action as the Secretary determines to be necessary to implement and maintain the closure. (b) Limitation Any closure under subsection (a) shall be limited to the minimum area and duration that the Secretary concerned determines are required for the purposes of the closure. (c) Consultation required (1) In general Subject to paragraph (3), before a closure is implemented under this section, the Secretary concerned shall consult with the Secretary of the Interior. (2) Indian tribe Subject to paragraph (3), if a closure proposed under this section may affect access to or use of sacred sites or resources considered to be important by an Indian tribe, the Secretary concerned shall consult, at the earliest practicable date, with the affected Indian tribe. (3) Limitation No consultation shall be required under paragraph (1) or (2)— (A) if the closure is provided for in an integrated natural resources management plan, an installation cultural resources management plan, or a land use management plan; or (B) in the case of an emergency, as determined by the Secretary concerned. (d) Notice Immediately preceding and during any closure implemented under subsection (a), the Secretary concerned shall post appropriate warning notices and take other appropriate actions to notify the public of the closure. 104. Changes in use (a) Other uses authorized In addition to the purposes described in title II, the Secretary concerned may authorize the use of land withdrawn and reserved by this Act for defense-related purposes. (b) Notice to secretary of the interior (1) In general The Secretary concerned shall promptly notify the Secretary of the Interior if the land withdrawn and reserved by this Act is used for additional defense-related purposes. (2) Requirements A notification under paragraph (1) shall specify— (A) each additional use; (B) the planned duration of each additional use; and (C) the extent to which each additional use would require that additional or more stringent conditions or restrictions be imposed on otherwise-permitted nondefense-related uses of the withdrawn and reserved land or portions of withdrawn and reserved land. 105. Authorizations for nondefense-related uses (a) Authorizations by the secretary of the interior Subject to the applicable withdrawals under title II, with the consent of the Secretary concerned, the Secretary of the Interior may authorize the use, occupancy, or development of the land withdrawn and reserved by this Act. (b) Authorizations by the secretary concerned The Secretary concerned may authorize the use, occupancy, or development of the land withdrawn and reserved by this Act— (1) for a defense-related purpose; or (2) subject to the consent of the Secretary of the Interior, for a non-defense-related purpose. (c) Form of authorization An authorization under this section may be provided by lease, easement, right-of-way, permit, license, or other instrument authorized by law. (d) Prevention of drainage of oil or gas resources (1) In general For the purpose of preventing drainage of oil or gas resources, the Secretary of the Interior may lease land otherwise withdrawn from operation of the mineral leasing laws and reserved for defense-related purposes under this Act, under such terms and conditions as the Secretary determines to be appropriate. (2) Consent required No surface occupancy may be approved by the Secretary of the Interior under this Act without the consent of the Secretary concerned. (3) Communitization The Secretary of the Interior may unitize or consent to communitization of land leased under paragraph (1). (4) Regulations The Secretary of the Interior may promulgate regulations to implement this subsection. 106. Brush and range fire prevention and suppression (a) Required activities The Secretary concerned shall, consistent with any applicable land management plan, take necessary precautions to prevent, and actions to suppress, brush and range fires occurring as a result of military activities on the land withdrawn and reserved by this Act, including fires that occur on other land that spread from the withdrawn and reserved land. (b) Cooperation of secretary of the interior (1) In general At the request of the Secretary concerned, the Secretary of the Interior shall— (A) provide assistance in the suppression of fires under subsection (a); and (B) be reimbursed by the Secretary concerned for the costs of the Secretary of the Interior in providing the assistance. (2) Transfer of funds Notwithstanding section 2215 107. Ongoing decontamination (a) In general During the period of a withdrawal and reservation of land under this Act, the Secretary concerned shall maintain a program of decontamination of contamination caused by defense-related uses on the withdrawn land— (1) to the extent funds are available to carry out this subsection; and (2) consistent with applicable Federal and State law. (b) Annual report The Secretary of Defense shall include in the annual report required by section 2711 of title 10, United States Code, a description of decontamination activities conducted under subsection (a) 108. Water rights (a) No reservation of water rights Nothing in this Act— (1) establishes a reservation of the United States with respect to any water or water right on the land withdrawn and reserved by this Act; or (2) authorizes the appropriation of water on the land withdrawn and reserved by this Act, except in accordance with applicable State law. (b) Effect on previously acquired or reserved water rights (1) In general Nothing in this section affects any water rights acquired or reserved by the United States before the date of enactment of this Act. (2) Authority of Secretary concerned The Secretary concerned may exercise any water rights described in paragraph (1). 109. Hunting, fishing, and trapping Section 2671 of title 10, United States Code, shall apply to all hunting, fishing, and trapping on the land— (1) that is withdrawn and reserved by this Act; and (2) for which management of the land has been assigned to the Secretary concerned. 110. Limitation on extensions and renewals The withdrawals and reservations established under this Act may not be extended or renewed except by a law enacted after the date of enactment of this Act. 111. Application for renewal of a withdrawal and reservation To the extent practicable, not later than 5 years before the date of termination of a withdrawal and reservation established by this Act, the Secretary concerned shall— (1) notify the Secretary of the Interior as to whether the Secretary concerned will have a continuing defense-related need for any of the land withdrawn and reserved by this Act after the termination date of the withdrawal and reservation; and (2) transmit a copy of the notice submitted under paragraph (1) to— (A) the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Armed Services and the Committee on Natural Resources of the House of Representatives. 112. Limitation on subsequent availability of land for appropriation On the termination of a withdrawal and reservation by this Act, the previously withdrawn land shall not be open to any form of appropriation under the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws, unless the Secretary of the Interior publishes in the Federal Register an appropriate order specifying the date on which the land shall be— (1) restored to the public domain; and (2) opened for appropriation under the public land laws. 113. Relinquishment (a) Notice of intention To relinquish If, during the period of withdrawal and reservation under this Act, the Secretary concerned decides to relinquish any or all of the land withdrawn and reserved by this Act, the Secretary concerned shall submit to the Secretary of the Interior notice of the intention to relinquish the land. (b) Determination of contamination The Secretary concerned shall include in the notice submitted under subsection (a) a written determination concerning whether and to what extent the land that is to be relinquished is contaminated with explosive materials or toxic or hazardous substances. (c) Public notice The Secretary of the Interior shall publish in the Federal Register the notice of intention to relinquish the land under this section, including the determination concerning the contaminated state of the land. (d) Decontamination of land To be relinquished (1) Decontamination required The Secretary concerned shall decontaminate land subject to a notice of intention under subsection (a) to the extent that funds are appropriated for that purpose, if— (A) the land subject to the notice of intention is contaminated, as determined by the Secretary concerned; and (B) the Secretary of the Interior, in consultation with the Secretary concerned, determines that— (i) decontamination is practicable and economically feasible, after taking into consideration the potential future use and value of the contaminated land; and (ii) on decontamination of the land, the land could be opened to operation of some or all of the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws. (2) Alternatives to relinquishment The Secretary of the Interior shall not be required to accept the land proposed for relinquishment under subsection (a), if— (A) the Secretary of the Interior, after consultation with the Secretary concerned, determines that— (i) decontamination of the land is not practicable or economically feasible; or (ii) the land cannot be decontaminated sufficiently to be opened to operation of some or all of the public land laws; or (B) sufficient funds are not appropriated for the decontamination of the land. (3) Status of contaminated land on termination If, because of the contaminated state of the land, the Secretary of the Interior declines to accept land withdrawn and reserved by this Act that has been proposed for relinquishment, or if at the expiration of the withdrawal and reservation made by this Act, the Secretary of the Interior determines that a portion of the land withdrawn and reserved by this Act is contaminated to an extent that prevents opening the contaminated land to operation of the public land laws— (A) the Secretary concerned shall take appropriate steps to warn the public of— (i) the contaminated state of the land; and (ii) any risks associated with entry onto the land; (B) after the expiration of the withdrawal and reservation under this Act, the Secretary concerned shall undertake no activities on the contaminated land, except for activities relating to the decontamination of the land; and (C) the Secretary concerned shall submit to the Secretary of the Interior and Congress a report describing— (i) the status of the land; and (ii) any actions taken under this paragraph. (e) Revocation authority (1) In general If the Secretary of the Interior determines that it is in the public interest to accept the land proposed for relinquishment under subsection (a), the Secretary of the Interior may order the revocation of a withdrawal and reservation established by this Act. (2) Revocation order To carry out a revocation under paragraph (1), the Secretary of the Interior shall publish in the Federal Register a revocation order that— (A) terminates the withdrawal and reservation; (B) constitutes official acceptance of the land by the Secretary of the Interior; and (C) specifies the date on which the land will be opened to the operation of some or all of the public land laws, including the mining laws. (f) Acceptance by secretary of the interior (1) In general Nothing in this section requires the Secretary of the Interior to accept the land proposed for relinquishment if the Secretary determines that the land is not suitable for return to the public domain. (2) Notice If the Secretary makes a determination that the land is not suitable for return to the public domain, the Secretary shall provide notice of the determination to Congress. 114. Land withdrawals; immunity of the United States The United States and officers and employees of the United States shall be held harmless and shall not be liable for any injuries or damages to persons or property incurred as a result of any mining or mineral or geothermal leasing activity or other authorized nondefense-related activity conducted on land withdrawn and reserved by this Act. II Military land withdrawals 201. China Lake, California (a) Withdrawal and reservation (1) Withdrawal Subject to valid existing rights and except as otherwise provided in this section, the public land (including the interests in land) described in paragraph (2), and all other areas within the boundary of the land depicted on the map described in that paragraph that may become subject to the operation of the public land laws, is withdrawn from all forms of appropriation under the public land laws (including the mining laws and the mineral leasing laws). (2) Description of land The public land (including interests in land) referred to in paragraph (1) is the Federal land located within the boundaries of the Naval Air Weapons Station China Lake, comprising approximately 1,045,000 acres in Inyo, Kern, and San Bernardino Counties, California, as generally depicted on the maps entitled Naval Air Weapons Station China Lake Withdrawal—Renewal North Range South Range (3) Reservation The land withdrawn by paragraph (1) is reserved for use by the Secretary of the Navy for the following purposes: (A) Use as a research, development, test, and evaluation laboratory. (B) Use as a range for air warfare weapons and weapon systems. (C) Use as a high-hazard testing and training area for aerial gunnery, rocketry, electronic warfare and countermeasures, tactical maneuvering and air support, and directed energy and unmanned aerial systems. (D) Geothermal leasing, development, and related power production activities. (E) Other defense-related purposes consistent with the purposes described in subparagraphs (A) through (D) and authorized under section 104. (b) Management of withdrawn and reserved land (1) Management by the secretary of the interior (A) In general Except as provided in paragraph (2), during the period of the withdrawal and reservation of land by this section, the Secretary of the Interior shall manage the land withdrawn and reserved by this section in accordance with— (i) this Act; (ii) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. (iii) any other applicable law. (B) Authorized activities To the extent consistent with applicable law and Executive orders, the land withdrawn by this section may be managed in a manner that permits the following activities: (i) Grazing. (ii) Protection of wildlife and wildlife habitat. (iii) Preservation of cultural properties. (iv) Control of predatory and other animals. (v) Recreation and education. (vi) Prevention and appropriate suppression of brush and range fires resulting from non-military activities. (vii) Geothermal leasing and development and related power production activities. (C) Nondefense uses All nondefense-related uses of the land withdrawn by this section (including the uses described in subparagraph (B)), shall be subject to any conditions and restrictions that the Secretary of the Interior and the Secretary of the Navy jointly determine to be necessary to permit the defense-related use of the land for the purposes described in this section. (D) Issuance of Leases (i) In general The Secretary of the Interior shall be responsible for the issuance of any lease, easement, right-of-way, permit, license, or other instrument authorized by law with respect to any activity that involves geothermal resources on— (I) the land withdrawn and reserved by this section; and (II) any other land not under the administrative jurisdiction of the Secretary of the Navy. (ii) Consent required Any authorization issued under clause (i) shall— (I) only be issued with the consent of the Secretary of the Navy; and (II) be subject to such conditions as the Secretary of the Navy may require with respect to the land withdrawn and reserved by this section. (2) Assignment to the Secretary of the navy (A) In general The Secretary of the Interior may assign the management responsibility, in whole or in part, for the land withdrawn and reserved by this section to the Secretary of the Navy. (B) Applicable law On assignment of the management responsibility under subparagraph (A), the Secretary of the Navy shall manage the land in accordance with— (i) this Act; (ii) title I of the Sikes Act ( 16 U.S.C. 670a et seq. (iii) the Federal Land Policy and Management Act of 1976 43 U.S.C. 1701 et seq. (iv) cooperative management arrangements entered into by the Secretary of the Interior and the Secretary of the Navy; and (v) any other applicable law. (3) Geothermal resources (A) In general Nothing in this section or section 105 affects— (i) geothermal leases issued by the Secretary of the Interior before the date of enactment of this Act; or (ii) the responsibility of the Secretary of the Interior to administer and manage the leases described in clause (i), consistent with the provisions of this section. (B) Authority of the Secretary of the Interior Nothing in this section or any other provision of law prohibits the Secretary of the Interior from issuing, subject to the concurrence of the Secretary of the Navy, and administering any lease under the Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. (C) Applicable law Nothing in this section affects the geothermal exploration and development authority of the Secretary of the Navy under section 2917 of title 10, United States Code, with respect to the land withdrawn and reserved by this section, except that the Secretary of the Navy shall be required to obtain the concurrence of the Secretary of the Interior before taking action under section 2917 (D) Navy contracts On the expiration of the withdrawal and reservation of land under this section or the relinquishment of the land, any Navy contract for the development of geothermal resources at Naval Air Weapons Station, China Lake, in effect on the date of the expiration or relinquishment shall remain in effect, except that the Secretary of the Interior, with the consent of the Secretary of the Navy, may offer to substitute a standard geothermal lease for the contract. (E) Concurrence of Secretary of the navy required Any lease issued under section 105(d) with respect to land withdrawn and reserved by this section shall require the concurrence of the Secretary of the Navy, if— (i) the Secretary of the Interior anticipates the surface occupancy of the withdrawn land; or (ii) the Secretary of the Interior determines that the proposed lease may interfere with geothermal resources on the land. (4) Wild horses and burros (A) In general The Secretary of the Navy— (i) shall be responsible for the management of wild horses and burros located on the land withdrawn and reserved by this section; and (ii) may use helicopters and motorized vehicles for the management of the wild horses and burros. (B) Requirements The activities authorized under subparagraph (A) shall be conducted in accordance with laws applicable to the management of wild horses and burros on public land. (C) Agreement The Secretary of the Interior and the Secretary of the Navy shall enter into an agreement for the implementation of the management of wild horses and burros under this paragraph. (5) Continuation of existing agreement The agreement between the Secretary of the Interior and the Secretary of the Navy entered into before the date of enactment of this Act under section 805 of the California Military Lands Withdrawal and Overflights Act of 1994 ( Public Law 103–433 (A) the date on which the Secretary of the Interior and the Secretary of the Navy enter into a new agreement; or (B) the date that is 1 year after the date of enactment of this Act. (6) Cooperation in development of management plan (A) In general The Secretary of the Navy and the Secretary of the Interior shall update and maintain cooperative arrangements concerning land resources and land uses on the land withdrawn and reserved by this section. (B) Requirements A cooperative arrangement entered into under subparagraph (A) shall— (i) focus on and apply to sustainable management and protection of the natural and cultural resources and environmental values found on the withdrawn and reserved land, consistent with the defense-related purposes for which the land is withdrawn and reserved; and (ii) include a comprehensive land use management plan that— (I) integrates and is consistent with any applicable law, including— (aa) title I of the Sikes Act ( 16 U.S.C. 670a et seq. (bb) the Federal Land Policy and Management Act of 1976 43 U.S.C. 1701 et seq. (II) shall be— (aa) annually reviewed by the Secretary of the Navy and the Secretary of the Interior; and (bb) updated, as the Secretary of the Navy and the Secretary of the Interior determine to be necessary— (AA) to respond to evolving management requirements; and (BB) to complement the updates of other applicable land use and resource management and planning. (7) Implementing agreement (A) In general The Secretary of the Interior and the Secretary of the Navy may enter into a written agreement to implement the comprehensive land use management plan developed under paragraph (6)(B)(ii). (B) Components An agreement entered into under subparagraph (A)— (i) shall be for a duration that is equal to the period of the withdrawal and reservation of land under this section; and (ii) may be amended from time to time. (c) Termination of prior withdrawals (1) In general Subject to paragraph (2), the withdrawal and reservation under section 803(a) of the California Military Lands Withdrawal and Overflights Act of 1994 ( Public Law 103–433 (2) Limitation Notwithstanding the termination under paragraph (1), all rules, regulations, orders, permits, and other privileges issued or granted by the Secretary of the Interior or the Secretary of the Navy with respect to the land withdrawn and reserved under that section, unless inconsistent with the provisions of this section, shall remain in force until modified, suspended, overruled, or otherwise changed by— (A) the Secretary of the Interior or the Secretary of the Navy (as applicable); (B) a court of competent jurisdiction; or (C) operation of law. (d) Duration of withdrawal and reservation The withdrawal and reservation made by this section terminate on March 31, 2039. 202. Limestone Hills, Montana (a) Withdrawal and reservation of public land for Limestone Hills Training Area, Montana (1) Withdrawal Subject to valid existing rights and except as otherwise provided in this section, the public land (including the interests in land) described in paragraph (3), and all other areas within the boundaries of the land as depicted on the map provided for by paragraph (4) that may become subject to the operation of the public land laws, is withdrawn from all forms of appropriation under the public land laws (including the mining laws, the mineral leasing laws, and the geothermal leasing laws). (2) Reservation; purpose Subject to the limitations and restrictions contained in subsection (c), the public land withdrawn by paragraph (1) is reserved for use by the Secretary of the Army for the following purposes: (A) The conduct of training for active and reserve components of the Armed Forces. (B) The construction, operation, and maintenance of organizational support and maintenance facilities for component units conducting training. (C) The conduct of training by the Montana Department of Military Affairs, provided that the training does not interfere with the purposes specified in subparagraphs (A) and (B). (D) The conduct of training by State and local law enforcement agencies, civil defense organizations, and public education institutions, provided that the training does not interfere with the purposes specified in subparagraphs (A) and (B). (E) Other defense-related purposes consistent with the purposes specified in subparagraphs (A) through (D). (3) Description of land The public land (including the interests in land) referred to in paragraph (1) comprises approximately 18,644 acres in Broadwater County, Montana, generally depicted as Proposed Land Withdrawal Limestone Hills Training Area Land Withdrawal (4) Indian tribes (A) In general Nothing in this Act alters any rights reserved for an Indian tribe for tribal use of the public land withdrawn by paragraph (1) by treaty or Federal law. (B) Consultation required The Secretary of the Army shall consult with any Indian tribes in the vicinity of the public land withdrawn by paragraph (1) before taking any action within the public land affecting tribal rights or cultural resources protected by treaty or Federal law. (b) Management of withdrawn and reserved land During the period of the withdrawal and reservation specified in subsection (e), the Secretary of the Army shall manage the public land withdrawn by paragraph (1) of subsection (a) for the purposes specified in paragraph (2) of that subsection, subject to the limitations and restrictions contained in subsection (c). (c) Special rules governing minerals management (1) Indian Creek Mine (A) In general Of the land withdrawn by subsection (a)(1), locatable mineral activities in the approved Indian Creek Mine plan of operations, MTM–78300, shall be regulated in accordance with subparts 3715 and 3809 of title 43, Code of Federal Regulations. (B) Restrictions on Secretary of the Army (i) In general The Secretary of the Army shall make no determination that the disposition of, or exploration for, minerals as provided for in the approved plan of operations described in subparagraph (A) is inconsistent with the defense-related uses of the land withdrawn under this section. (ii) Coordination The coordination of the disposition of and exploration for minerals with defense-related uses of the land shall be determined in accordance with procedures in an agreement provided for under paragraph (3). (2) Removal of unexploded ordnance on land to be mined (A) Removal activities (i) In general Subject to the availability of funds appropriated for such purpose, the Secretary of the Army shall remove unexploded ordnance on land withdrawn by subsection (a)(1) that is subject to mining under paragraph (1), consistent with applicable Federal and State law. (ii) Phases The Secretary of the Army may provide for the removal of unexploded ordnance in phases to accommodate the development of the Indian Creek Mine under paragraph (1). (B) Report on removal activities (i) In general The Secretary of the Army shall annually submit to the Secretary of the Interior a report regarding any unexploded ordnance removal activities conducted during the previous fiscal year in accordance with this paragraph. (ii) Inclusions The report under clause (i) shall include— (I) a description of the amounts expended for unexploded ordnance removal on the land withdrawn by subsection (a)(1) during the period covered by the report; and (II) the identification of the land cleared of unexploded ordnance and approved for mining activities by the Secretary of the Interior under this paragraph. (3) Implementation agreement for mining activities (A) In general The Secretary of the Interior and the Secretary of the Army shall enter into an agreement to implement this subsection with respect to the coordination of defense-related uses and mining and the ongoing removal of unexploded ordnance. (B) Duration The duration of an agreement entered into under subparagraph (A) shall be equal to the period of the withdrawal under subsection (a)(1), but may be amended from time to time. (C) Requirements The agreement shall provide the following: (i) That Graymont Western US, Inc., or any successor or assign of the approved Indian Creek Mine mining plan of operations, MTM–78300, shall be invited to be a party to the agreement. (ii) Provisions regarding the day-to-day joint-use of the Limestone Hills Training Area. (iii) Provisions addressing periods during which military and other authorized uses of the withdrawn land will occur. (iv) Provisions regarding when and where military use or training with explosive material will occur. (v) Provisions regarding the scheduling of training activities conducted within the withdrawn land that restrict mining activities. (vi) Procedures for deconfliction with mining operations, including parameters for notification and resolution of anticipated changes to the schedule. (vii) Procedures for access through mining operations covered by this section to training areas within the boundaries of the Limestone Hills Training Area. (viii) Procedures for scheduling of the removal of unexploded ordnance. (4) Existing memorandum of agreement Until the date on which the agreement under paragraph (3) becomes effective, the compatible joint use of the land withdrawn and reserved by subsection (a)(1) shall be governed, to the extent compatible, by the terms of the 2005 Memorandum of Agreement among the Montana Army National Guard, Graymont Western US, Inc., and the Bureau of Land Management. (d) Grazing (1) Issuance and administration of permits and leases The Secretary of the Interior shall manage the issuance and administration of grazing permits and leases, including the renewal of permits and leases, on the public land withdrawn by subsection (a)(1), consistent with all applicable laws (including regulations) and policies of the Secretary of the Interior relating to the permits and leases. (2) Safety requirements With respect to any grazing permit or lease issued after the date of enactment of this Act for land withdrawn by subsection (a)(1), the Secretary of the Interior and the Secretary of the Army shall jointly establish procedures that— (A) are consistent with Department of the Army explosive and range safety standards; and (B) provide for the safe use of the withdrawn land. (3) Assignment The Secretary of the Interior may, with the agreement of the Secretary of the Army, assign the authority to issue and to administer grazing permits and leases to the Secretary of the Army, except that the assignment may not include the authority to discontinue grazing on the land withdrawn by subsection (a)(1). (e) Duration of withdrawal and reservation The withdrawal of public land by subsection (a)(1) shall terminate on March 31, 2039. 203. Chocolate Mountain, California (a) Withdrawal and reservation (1) Withdrawal Subject to valid existing rights and except as otherwise provided in this section, the public land (including the interests in land) described in paragraph (2), and all other areas within the boundary of the land depicted on the map described in that paragraph that become subject to the operation of the public land laws, is withdrawn from all forms of appropriation under the public land laws (including the mining laws, the mineral leasing laws, and the geothermal leasing laws). (2) Description of land The public land (including the interests in land) referred to in paragraph (1) is the Federal land comprising approximately 228,324 acres in Imperial and Riverside Counties, California, generally depicted on the map entitled Chocolate Mountain Aerial Gunnery Range—Administration's Land Withdrawal Legislative Proposal Map (3) Reservation The land withdrawn by paragraph (1) is reserved for use by the Secretary of the Navy for the following purposes: (A) Testing and training for aerial bombing, missile firing, tactical maneuvering, and air support. (B) Small unit ground forces training, including artillery firing, demolition activities, and small arms field training. (C) Other defense-related purposes consistent with the purposes that are— (i) described in subparagraphs (A) and (B); and (ii) authorized under section 104. (b) Management of withdrawn and reserved land (1) Management by the secretary of the interior Except as provided in paragraph (2), during the period of the withdrawal and reservation of land by this section, the Secretary of the Interior shall manage the land withdrawn and reserved by this section in accordance with— (A) this Act; (B) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. (C) any other applicable law. (2) Assignment of management to the secretary of the navy (A) In general The Secretary of the Interior may assign the management responsibility, in whole or in part, for the land withdrawn and reserved by this section to the Secretary of the Navy. (B) Acceptance If the Secretary of the Navy accepts the assignment of responsibility under subparagraph (A), the Secretary of the Navy shall manage the land in accordance with— (i) this Act; (ii) title I of the Sikes Act ( 16 U.S.C. 670a et seq. (iii) any other applicable law. (3) Implementing agreement The Secretary of the Interior and the Secretary of the Navy may enter into a written agreement— (A) that implements the assignment of management responsibility under paragraph (2); (B) the duration of which shall be equal to the period of the withdrawal and reservation of the land under this section; and (C) that may be amended from time to time. (4) Access agreement The Secretary of the Interior and the Secretary of the Navy may enter into a written agreement to address access to and maintenance of Bureau of Reclamation facilities located within the boundary of the Chocolate Mountain Aerial Gunnery Range. (c) Access Notwithstanding section 103, the land withdrawn and reserved by this section (other than the land comprising the Bradshaw Trail) shall be— (1) closed to the public and all uses (other than the uses authorized by subsection (a)(3) or under section 104); and (2) subject to any conditions and restrictions that the Secretary of the Navy determines to be necessary to prevent any interference with the uses authorized by subsection (a)(3) or under section 104. (d) Duration of withdrawal and reservation The withdrawal and reservation made by this section terminates on March 31, 2039. 204. Twentynine Palms, California (a) Withdrawal and reservation (1) Withdrawal Subject to valid existing rights and except as otherwise provided in this section, the public land (including the interests in land) described in paragraph (2), and all other areas within the boundary of the land depicted on the map described in that paragraph that may become subject to the operation of the public land laws, is withdrawn from all forms of appropriation under the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws. (2) Description of land The public land (including the interests in land) referred to in paragraph (1) is the Federal land comprising approximately 150,928 acres in San Bernardino County, California, generally depicted on the map entitled MCAGCC 29 Palms Expansion Map (A) The Exclusive Military Use Area, divided into 4 areas, consisting of— (i) 1 area to the west of the Marine Corps Air Ground Combat Center, consisting of approximately 91,293 acres; (ii) 1 area south of the Marine Corps Air Ground Combat Center, consisting of approximately 19,704 acres; and (iii) 2 other areas, each measuring approximately 300 meters square (approximately 22 acres), located inside the boundaries of the Shared Use Area described in subparagraph (B), totaling approximately 44 acres. (B) The Shared Use Area, consisting of approximately 40,931 acres. (3) Reservation for Secretary of the Navy The land withdrawn by paragraph (2)(A) is reserved for use by the Secretary of the Navy for the following purposes: (A) Sustained, combined arms, live-fire, and maneuver field training for large-scale Marine air ground task forces. (B) Individual and unit live-fire training ranges. (C) Equipment and tactics development. (D) Other defense-related purposes that are— (i) consistent with the purposes described in subparagraphs (A) through (C); and (ii) authorized under section 104. (4) Reservation for secretary of the interior The land withdrawn by paragraph (2)(B) is reserved— (A) for use by the Secretary of the Navy for the purposes described in paragraph (3); and (B) for use by the Secretary of the Interior for the following purposes: (i) Public recreation— (I) during any period in which the land is not being used for military training; and (II) as determined to be suitable for public use. (ii) Natural resources conservation. (b) Management of withdrawn and reserved land (1) Management by the secretary of the navy Except as provided in paragraph (2), during the period of withdrawal and reservation of land by this section, the Secretary of the Navy shall manage the land withdrawn and reserved by this section for the purposes described in subsection (a)(3), in accordance with— (A) an integrated natural resources management plan prepared and implemented under title I of the Sikes Act ( 16 U.S.C. 670a et seq. (B) this Act; (C) a programmatic agreement between the Marine Corps and the California State Historic Preservation Officer regarding operation, maintenance, training, and construction at the United States Marine Air Ground Task Force Training Command, Marine Corps Air Ground Combat Center, Twentynine Palms, California; and (D) any other applicable law. (2) Management by the secretary of the interior (A) In general Except as provided in subparagraph (B), during the period of withdrawal and reservation of land by this section, the Secretary of the Interior shall manage the area described in subsection (a)(2)(B). (B) Exception Twice a year during the period of withdrawal and reservation of land by this section, there shall be a 30-day period during which the Secretary of the Navy shall— (i) manage the area described in subsection (a)(2)(B); and (ii) exclusively use the area described in subsection (a)(2)(B) for military training purposes. (C) Applicable law The Secretary of the Interior, during the period of the management by the Secretary of the Interior under subparagraph (A), shall manage the area described in subsection (a)(2)(B) for the purposes described in subsection (a)(4), in accordance with— (i) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. (ii) any other applicable law. (D) Secretary of the Navy (i) In general The Secretary of the Navy, during the period of the management by the Secretary of the Navy under subparagraph (A), shall manage the area described in subsection (a)(2)(B) for the purposes described in subsection (a)(3), in accordance with— (I) an integrated natural resources management plan prepared and implemented in accordance with title I of the Sikes Act ( 16 U.S.C. 670a et seq. (II) this Act; (III) the programmatic agreement described in paragraph (1)(C); and (IV) any other applicable law. (ii) Limitation The Department of the Navy shall not fire dud-producing ordnance onto the land withdrawn by subsection (a)(2)(B). (3) Public access (A) In general Notwithstanding section 103, the area described in subsection (a)(2)(A) shall be closed to all public access unless otherwise authorized by the Secretary of the Navy. (B) Public recreational use (i) In general The area described in subsection (a)(2)(B) shall be open to public recreational use during the period in which the area is under the management of the Secretary of the Interior, if there is a determination by the Secretary of the Navy that the area is suitable for public use. (ii) Determination A determination of suitability under clause (i) shall not be withheld without a specified reason. (C) Resource management group (i) In general The Secretary of the Navy and the Secretary of the Interior, by agreement, shall establish a Resource Management Group comprised of representatives of the Departments of the Interior and Navy. (ii) Duties The Resource Management Group established under clause (i) shall— (I) develop and implement a public outreach plan to inform the public of the land uses changes and safety restrictions affecting the land; and (II) advise the Secretary of the Interior and the Secretary of the Navy with respect to the issues associated with the multiple uses of the area described in subsection (a)(2)(B). (iii) Meetings The Resource Management Group established under clause (i) shall— (I) meet at least once a year; and (II) solicit input from relevant State agencies, private off-highway vehicle interest groups, event managers, environmental advocacy groups, and others relating to the management and facilitation of recreational use within the area described in subsection (a)(2)(B). (D) Military training (i) Not conditional Military training within the area described in subsection (a)(2)(B) shall not be conditioned on, or precluded by— (I) the lack of a recreation management plan or land use management plan for the area described in subsection (a)(2)(B) developed and implemented by the Secretary of the Interior; or (II) any legal or administrative challenge to a recreation management plan or land use plan developed under subclause (I). (ii) Management The area described in subsection (a)(2)(B) shall be managed in a manner that does not compromise the ability of the Department of the Navy to conduct military training in the area. (4) Implementation agreement (A) In general The Secretary of the Interior and the Secretary of the Navy shall enter into a written agreement to implement the management responsibilities of the respective Secretaries with respect to the area described in subsection (a)(2)(B). (B) Components The agreement entered into under subparagraph (A)— (i) shall be of a duration that is equal to the period of the withdrawal and reservation of land under this section; (ii) may be amended from time to time; (iii) may provide for the integration of the management plans required of the Secretary of the Interior and the Secretary of the Navy by this section; (iv) may provide for delegation to civilian law enforcement personnel of the Department of the Navy of the authority of the Secretary of the Interior to enforce the laws relating to protection of natural and cultural resources and fish and wildlife; and (v) may provide for the Secretary of the Interior and the Secretary of the Navy to share resources so as to most efficiently and effectively manage the area described in subsection (a)(2)(B). (5) Johnson valley off-Highway vehicle recreation area (A) Designation The following areas are designated as the Johnson Valley Off-Highway Vehicle Recreation Area (i) Approximately 45,000 acres (as depicted on the map referred to in subsection (a)(2)) of the existing Bureau of Land Management-designated Johnson Valley Off-Highway Vehicle Area that is not withdrawn and reserved for defense-related uses by this section. (ii) The area described in subsection (a)(2)(B). (B) Authorized activities To the extent consistent with applicable Federal law (including regulations) and this section, any authorized recreation activities and use designation in effect on the date of enactment of this Act and applicable to the Johnson Valley Off-Highway Vehicle Recreation Area may continue, including casual off-highway vehicular use and recreation. (C) Administration The Secretary of the Interior shall administer the Johnson Valley Off-Highway Vehicle Recreation Area (other than the portion of the area described in subsection (a)(2)(B) that is being managed in accordance with the other provisions of this section), in accordance with— (i) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. (ii) any other applicable law. (D) Transit In coordination with the Secretary of the Interior, the Secretary of the Navy may authorize transit through the Johnson Valley Off-Highway Vehicle Recreation Area for defense-related purposes supporting military training (including military range management and management of exercise activities) conducted on the land withdrawn and reserved by this section. (c) Duration of withdrawal and reservation The withdrawal and reservation made by this section terminate on March 31, 2039. 205. White Sands Missile Range and Fort Bliss (a) Withdrawal (1) In general Subject to valid existing rights and paragraph (3), the Federal land described in paragraph (2) is withdrawn from— (A) entry, appropriation, and disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (2) Description of Federal land The Federal land referred to in paragraph (1) consists of— (A) the approximately 5,100 acres of land depicted as Parcel 1 White Sands Missile Range/Fort Bliss/BLM Land Transfer and Withdrawal map (B) the approximately 37,600 acres of land depicted as Parcel 2 Parcel 3 Parcel 4 (C) any land or interest in land that is acquired by the United States within the boundaries of the parcels described in subparagraph (B). (3) Limitation Notwithstanding paragraph (1), the land depicted as Parcel 4 (b) Reservation The Federal land described in subsection (a)(2)(A) is reserved for use by the Secretary of the Army for military purposes in accordance with Public Land Order 833, dated May 27, 1952 (17 Fed. Reg. 4822). (c) Revocation of withdrawal Effective on the date of enactment of this Act— (1) Public Land Order 833, dated May 21, 1952 (17 Fed. Reg. 4822), is revoked with respect to the approximately 2,050 acres of land generally depicted as Parcel 2 (2) the land described in paragraph (1) shall be managed by the Secretary of the Interior as public land, in accordance with— (A) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. (B) any other applicable laws. May 14, 2014 Reported with an amendment

Military Land Withdrawals Act of 2014

Women Veterans and Other Health Care Improvements Act of 2013 - (Sec. 2) Includes fertility counseling and treatment within authorized Department of Veterans Affairs (VA) medical services. (Sec. 3) Directs the Secretary of Veterans Affairs (Secretary) to furnish such counseling and treatment, including the use of assisted reproductive technology, to a spouse or surrogate of a severely wounded, ill, or injured veteran who has an infertility condition incurred or aggravated in the line of duty and who is enrolled in the VA health care system, as long as the spouse and veteran apply jointly for such counseling and treatment. (Sec. 4) Authorizes the Secretary to pay to any such veteran an amount to assist in the adoption of one or more children. Provides cost limits. (Sec. 5) Directs the Secretary to prescribe regulations on the furnishing of such counseling, treatment, and adoption assistance. (Sec. 6) Requires the Secretary and the Secretary of Defense (DOD) to share best practices and facilitate referrals on the furnishing of such counseling and treatment. (Sec. 7) Directs the Secretary to facilitate research conducted collaboratively by the Secretaries of Defense and Health and Human Services (HHS) in order to improve VA's ability to meet the long-term reproductive health care needs of veterans who have a service-connected genitourinary disability or a condition that was incurred or aggravated in the line of duty, such as a spinal cord injury, that affects the veterans' ability to reproduce. Requires the Secretary to report to Congress on such research. (Sec. 8) Directs the Secretary to report annually to the congressional veterans committees on the counseling and treatment provided under this Act. (Sec. 9) Directs the Secretary to carry out a program of providing assistance to veterans to obtain child care during the period they are receiving mental health services. Requires the program to be carried out in at least three Veterans Integrated Service Networks selected by the Secretary. Directs the Secretary to carry out a similar program to provide assistance to the primary caretaker of a child or children who is receiving or in need of readjustment counseling and related mental health services from the VA. Requires the latter program to be carried out in at least three Readjustment Counseling Service Regions selected by the Secretary. (Sec. 10) Directs the Secretary to provide, through the Readjustment Counseling Service of the Veterans Health Administration, reintegration and readjustment services in group retreat settings to women veterans who are recently separated from service after a prolonged deployment. Requires the receipt of services to be at the election of the veteran. Repeals superseded pilot program authority under the Caregivers and Veterans Omnibus Health Services Act of 2010.

To amend title 38, United States Code, to improve the reproductive assistance provided by the Department of Veterans Affairs to severely wounded, ill, or injured veterans and their spouses, and for other purposes. 1. Short title This Act may be cited as the Women Veterans and Other Health Care Improvements Act of 2013 2. Clarification that fertility counseling and treatment are medical services which the Secretary may furnish to veterans like other medical services Section 1701(6) of title 38, United States Code, is amended by adding at the end the following new subparagraph: (H) Fertility counseling and treatment, including treatment using assisted reproductive technology. . 3. Reproductive treatment and care for spouses and surrogates of veterans (a) In general Subchapter VIII of chapter 17 1788. Reproductive treatment and care for spouses and surrogates of veterans (a) In general The Secretary shall furnish fertility counseling and treatment, including through the use of assisted reproductive technology, to a spouse or surrogate of a severely wounded, ill, or injured veteran who has an infertility condition incurred or aggravated in line of duty in the active military, naval, or air service and who is enrolled in the system of annual patient enrollment established under section 1705(a) of this title if the spouse or surrogate and the veteran apply jointly for such counseling and treatment through a process prescribed by the Secretary. (b) Coordination of care for other spouses and surrogates In the case of a spouse or surrogate of a veteran not described in subsection (a) who is seeking fertility counseling and treatment, the Secretary may coordinate fertility counseling and treatment for such spouse or surrogate. (c) Construction Nothing in this section shall be construed to require the Secretary— (1) to find or certify a surrogate for a veteran or to connect a surrogate with a veteran; or (2) to furnish maternity care to a spouse or surrogate of a veteran. (d) Assisted reproductive technology defined In this section, the term assisted reproductive technology . (b) Clerical amendment The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1787 the following new item: 1788. Reproductive treatment and care for spouses and surrogates of veterans. . 4. Adoption assistance for severely wounded veterans (a) In general Subchapter VIII of chapter 17 1789. Adoption assistance (a) In general The Secretary may pay an amount, not to exceed the limitation amount, to assist a covered veteran in the adoption of one or more children. (b) Covered veteran For purposes of this section, a covered veteran is any severely wounded, ill, or injured veteran who— (1) has an infertility condition incurred or aggravated in line of duty in the active military, naval, or air service; and (2) is enrolled in the system of annual patient enrollment established under section 1705(a) of this title. (c) Limitation amount For purposes of this section, the limitation amount is the amount equal to the lesser of— (1) the cost the Department would incur if the Secretary were to provide a covered veteran with one cycle of in vitro fertilization, as determined by the Secretary; and (2) the cost the Department would incur by paying the expenses of three adoptions by covered veterans, as determined by the Secretary. . (b) Clerical amendment The table of sections at the beginning of chapter 17 of such title, as amended by section 3, is further amended by inserting after the item relating to section 1788 the following new item: 1789. Adoption assistance. . 5. Annual report on provision of fertility counseling and treatment furnished by Department of Veterans Affairs (a) In general Not later than one year after the date of the enactment of this Act and not less frequently than once each year thereafter, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the fertility counseling and treatment furnished by the Department of Veterans Affairs during the year preceding the submittal of the report. (b) Elements Each report submitted under subsection (a) shall include, for the period covered by the report, the following: (1) The number of veterans who received fertility counseling or treatment furnished by the Department of Veterans Affairs, disaggregated by era of military service of such veterans. (2) The number of spouses and surrogates of veterans who received fertility counseling or treatment furnished by the Department. (3) The cost to the Department of furnishing fertility counseling and treatment, disaggregated by cost of services and administration. (4) The average cost to the Department per recipient of such counseling and treatment. (5) In cases in which the Department furnished fertility treatment through the use of assisted reproductive technology, the average number of cycles per person furnished. (6) A description of how fertility counseling and treatment services of the Department are coordinated with similar services of the Department of Defense. 6. Regulations on furnishing of fertility counseling and treatment and adoption assistance by Department of Veterans Affairs (a) In general Not later than 540 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe regulations— (1) on the furnishing of fertility treatment to veterans using assisted reproductive technology; (2) to carry out section 1788 (3) to carry out section 1789 of such title, as added by section 4. (b) Limitation Notwithstanding any other provision of law, during the period beginning on the date of the enactment of this Act and ending on the date on which the Secretary prescribes regulations under subsection (a), the Secretary may not furnish— (1) to a veteran any fertility treatment that uses an assisted reproductive technology that the Secretary has not used in the provision of a fertility treatment to a veteran before the date of the enactment of this Act; (2) any fertility counseling or treatment under section 1788 (3) any assistance under section 1789 of such title, as added by section 4. (c) Assisted reproductive technology defined In this section, the term assisted reproductive technology 7. Coordination between Department of Veterans Affairs and Department of Defense on furnishing of fertility counseling and treatment The Secretary of Veterans Affairs and the Secretary of Defense shall share best practices and facilitate referrals, as they consider appropriate, on the furnishing of fertility counseling and treatment. 8. Facilitation of reproduction and infertility research (a) In general Subchapter II of chapter 73 7330B. Facilitation of reproduction and infertility research (a) Facilitation of research required The Secretary shall facilitate research conducted collaboratively by the Secretary of Defense and the Secretary of Health and Human Services to improve the ability of the Department of Veterans Affairs to meet the long-term reproductive health care needs of veterans who have a genitourinary service-connected disability or a condition that was incurred or aggravated in line of duty in the active military, naval, or air service, such as spinal cord injury, that affects the veterans' ability to reproduce. (b) Dissemination of information The Secretary shall ensure that information produced by the research facilitated under this section that may be useful for other activities of the Veterans Health Administration is disseminated throughout the Veterans Health Administration. . (b) Clerical amendment The table of sections at the beginning of chapter 73 of such title is amended by inserting after the item relating to section 7330A the following new item: 7330B. Facilitation of reproduction and infertility research. . (c) Report Not later than three years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the research activities conducted by the Secretary under section 7330B 9. Requirement to improve Department of Veterans Affairs women veterans contact center The Secretary of Veterans Affairs shall enhance the capabilities of the Department of Veterans Affairs women veterans contact center— (1) to respond to requests by women veterans for assistance with accessing health care and benefits furnished under laws administered by the Secretary; and (2) for referral of such veterans to community resources to obtain assistance with services not furnished by the Department. 10. Modification of pilot program on counseling in retreat settings for women veterans newly separated from service in the Armed Forces (a) Increase in number of locations Subsection (c) of section 203 of the Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law 111–163; 38 U.S.C. 1712A three locations 14 locations (b) Extension of duration Subsection (d) of such section is amended by striking 2-year four-year (c) Authorization of appropriations Subsection (f) of such section is amended— (1) by striking Secretary of Veterans Affairs for each (1) for each ; (2) in paragraph (1), as designated by paragraph (1), by striking the period at the end and inserting ; and (3) by adding at the end the following new paragraph: (2) for each of fiscal years 2013 and 2014, $400,000 to carry out the pilot program. . 11. Program on assistance for child care for certain veterans (a) Assistance for child care for certain veterans receiving health care (1) In general Subchapter I of chapter 17 1709B. Assistance for child care for certain veterans receiving health care (a) Program required The Secretary shall carry out a program to provide, subject to subsection (b), assistance to qualified veterans described in subsection (c) to obtain child care so that such veterans can receive health care services described in subsection (c). (b) Limitation on period of payments Assistance may only be provided to a qualified veteran under this section for receipt of child care during the period that the qualified veteran— (1) receives the types of health care services described in subsection (c) at a facility of the Department; and (2) requires travel to and return from such facility for the receipt of such health care services. (c) Qualified veterans For purposes of this section, a qualified veteran is a veteran who is— (1) the primary caretaker of a child or children; and (2) (A) receiving from the Department— (i) regular mental health care services; (ii) intensive mental health care services; or (iii) such other intensive health care services that the Secretary determines that provision of assistance to the veteran to obtain child care would improve access to such health care services by the veteran; or (B) in need of regular or intensive mental health care services from the Department, and but for lack of child care services, would receive such health care services from the Department. (d) Locations The Secretary shall carry out the program in no fewer than three Veterans Integrated Service Networks selected by the Secretary for purposes of the program. (e) Forms of child care assistance (1) Child care assistance under this section may include the following: (A) Stipends for the payment of child care offered by licensed child care centers (either directly or through a voucher program) which shall be, to the extent practicable, modeled after the Department of Veterans Affairs Child Care Subsidy Program established pursuant to section 630 of the Treasury and General Government Appropriations Act, 2002 ( Public Law 107–67 (B) Direct provision of child care at an on-site facility of the Department of Veterans Affairs. (C) Payments to private child care agencies. (D) Collaboration with facilities or programs of other Federal departments or agencies. (E) Such other forms of assistance as the Secretary considers appropriate. (2) In the case that child care assistance under this section is provided as a stipend under paragraph (1)(A), such stipend shall cover the full cost of such child care. . (2) Conforming amendment Section 205(e) of the Caregivers and Veterans Omnibus Health Services Act of 2010 ( Public Law 111–163 38 U.S.C. 1710 but not after the date of the enactment of the Women Veterans and Other Health Care Improvements Act of 2013 (3) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1709A the following new item: 1709B. Assistance for child care for certain veterans receiving health care. . (b) Assistance for child care for certain veterans receiving readjustment counseling and related mental health services (1) In general Subchapter I of chapter 17 of such title, as amended by subsection (a)(1), is further amended by adding at the end the following new section: 1709C. Assistance for child care for certain veterans receiving readjustment counseling and related mental health services (a) Program required The Secretary shall carry out a program to provide, subject to subsection (b), assistance to qualified veterans described in subsection (c) to obtain child care so that such veterans can receive readjustment counseling and related mental health services. (b) Limitation on period of payments Assistance may only be provided to a qualified veteran under this section for receipt of child care during the period that the qualified veteran receives readjustment counseling and related health care services at a Vet Center. (c) Qualified veterans For purposes of this section, a qualified veteran is a veteran who is— (1) the primary caretaker of a child; and (2) (A) receiving from the Department regular readjustment counseling and related mental health services; or (B) in need of readjustment counseling and related mental health services from the Department, and but for lack of child care services, would receive such counseling and services from the Department. (d) Locations The Secretary shall carry out the program under this section in no fewer than three Readjustment Counseling Service Regions selected by the Secretary for purposes of the program. (e) Forms of child care assistance (1) Child care assistance under this section may include the following: (A) Stipends for the payment of child care offered by licensed child care centers (either directly or through a voucher program) which shall be, to the extent practicable, modeled after the Department of Veterans Affairs Child Care Subsidy Program established pursuant to section 630 of the Treasury and General Government Appropriations Act, 2002 ( Public Law 107–67 (B) Payments to private child care agencies. (C) Collaboration with facilities or programs of other Federal departments or agencies. (D) Such other forms of assistance as the Secretary considers appropriate. (2) In the case that child care assistance under this subsection is provided as a stipend under paragraph (1)(A), such stipend shall cover the full cost of such child care. (f) Vet Center defined In this section, the term Vet Center . (2) Clerical amendment The table of sections at the beginning of such chapter, as amended by subsection (a)(3), is further amended by inserting after the item relating to section 1709B the following new item: 1709C. Assistance for child care for certain veterans receiving readjustment counseling and related mental health services. . 12. Contractor user fees (a) In general Chapter 3 of title 38, United States Code, is amended by adding at the end the following new section: 323. Contractor user fees (a) Fee requirement Except as provided in subsection (c) and subject to subsection (d), the Secretary shall impose a fee upon each person with whom the Secretary engages in a contract for a good or service as a condition of the contract. (b) Fee amount (1) The amount of a fee imposed upon a person under subsection (a) with respect to a contract shall be equal to the lesser of— (A) the amount which is equal to seven percent of the total value of the contract; and (B) the amount which is equal to the total value of the contract multiplied by the applicable percentage for such fiscal year. (2) The applicable percentage for a fiscal year shall be equal to the percentage by which— (A) the annual estimate of the total value of contracts for such fiscal year, exceeds (B) the annual estimate of the total cost of fertility counseling and treatment for such fiscal year. (3) Before each fiscal year, the Secretary shall establish, for purposes of this section, the annual estimate of the total value of contracts for the next fiscal year, which shall be the Secretary's estimate of what the aggregate value will be of all contracts in which the Secretary will engage in the next fiscal year. (4) Before each fiscal year, the Secretary shall establish, for purposes of this section, the annual estimate of the total cost of fertility counseling and treatment for the next fiscal year, which shall be the Secretary's estimate of what the total cost to the Department will be in the next fiscal year of— (A) furnishing fertility counseling and treatment, including through the use of assisted reproductive technology, to individuals under laws administered by the Secretary in the next fiscal year; and (B) making payments under section 1789 of this title in the next fiscal year. (c) Waiver The Secretary may waive the fee required by subsection (a) for a person as the Secretary considers appropriate if the person is an individual or a small business concern. (d) Limitation on collection No fee may be collected under subsection (a) except to the extent that the expenditure of the fee to pay the costs of activities and services for which the fee is imposed is provided for in advance in an appropriations Act. (e) Department of Veterans Affairs Fertility Counseling and Treatment Fund (1) There is in the Treasury a fund to be known as the Department of Veterans Affairs Fertility Counseling and Treatment Fund. (2) All amounts received by the Secretary under subsection (a) shall be deposited in the fund. (3) (A) Subject to the provisions of appropriations Acts, amounts in the fund shall be available, without fiscal year limitation, to the Secretary for the following purposes: (i) To furnish fertility counseling and treatment, including through the use of assisted reproductive technology, to individuals under laws administered by the Secretary. (ii) To make payments under section 1789 of this title. (B) Amounts available under subparagraph (A) may not be used for any purposes other than a purpose set forth in clause (i) or (ii) of that subparagraph. (4) Amounts received by the Secretary under subsection (a) shall be treated for the purposes of sections 251 and 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901 (f) Small business concern defined In this section, the term small business concern . (b) Clerical amendment The table of sections at the beginning of chapter 3 of such title is amended by adding after the item relating to section 322 the following new item: 323. Contractor user fees. . 1. Short title; References to title 38, United States Code (a) Short title This Act may be cited as the Women Veterans and Other Health Care Improvements Act of 2013 (b) References to title 38, United States 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 title 38, United States Code. 2. Clarification that fertility counseling and treatment are medical services which the Secretary may furnish to veterans like other medical services Section 1701(6) is amended by adding at the end the following new subparagraph: (H) Fertility counseling and treatment, including treatment using assisted reproductive technology. . 3. Reproductive treatment and care for spouses and surrogates of veterans (a) In general Subchapter VIII of chapter 17 is amended by adding at the end the following new section: 1788. Reproductive treatment and care for spouses and surrogates of veterans (a) In general The Secretary shall furnish fertility counseling and treatment, including through the use of assisted reproductive technology, to a spouse or surrogate of a severely wounded, ill, or injured veteran who has an infertility condition incurred or aggravated in line of duty in the active military, naval, or air service and who is enrolled in the system of annual patient enrollment established under section 1705(a) of this title if the spouse or surrogate and the veteran apply jointly for such counseling and treatment through a process prescribed by the Secretary. (b) Coordination of care for other spouses and surrogates In the case of a spouse or surrogate of a veteran not described in subsection (a) who is seeking fertility counseling and treatment, the Secretary may coordinate fertility counseling and treatment for such spouse or surrogate. (c) Construction Nothing in this section shall be construed to require the Secretary— (1) to find or certify a surrogate for a veteran or to connect a surrogate with a veteran; or (2) to furnish maternity care to a spouse or surrogate of a veteran. (d) Assisted reproductive technology defined In this section, the term assisted reproductive technology . (b) Clerical amendment The table of sections at the beginning of chapter 17 is amended by inserting after the item relating to section 1787 the following new item: 1788. Reproductive treatment and care for spouses and surrogates of veterans. . 4. Adoption assistance for severely wounded veterans (a) In general Subchapter VIII of chapter 17, as amended by section 3 of this Act, is further amended by adding at the end the following new section: 1789. Adoption assistance (a) In general The Secretary may pay an amount, not to exceed the limitation amount, to assist a covered veteran in the adoption of one or more children. (b) Covered veteran For purposes of this section, a covered veteran is any severely wounded, ill, or injured veteran who— (1) has an infertility condition incurred or aggravated in line of duty in the active military, naval, or air service; and (2) is enrolled in the system of annual patient enrollment established under section 1705(a) of this title. (c) Limitation amount For purposes of this section, the limitation amount is the amount equal to the lesser of— (1) the cost the Department would incur if the Secretary were to provide a covered veteran with one cycle of fertility treatment through the use of assisted reproductive technology under section 1788 of this title, as determined by the Secretary; or (2) the cost the Department would incur by paying the expenses of three adoptions by covered veterans, as determined by the Secretary. (d) Assisted reproductive technology defined In this section, the term assisted reproductive technology . (b) Clerical amendment The table of sections at the beginning of chapter 17, as amended by section 3(b) of this Act, is further amended by inserting after the item relating to section 1788 the following new item: 1789. Adoption assistance. . 5. Regulations on furnishing of fertility counseling and treatment and adoption assistance by Department of Veterans Affairs (a) In general Not later than 540 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe regulations— (1) on the furnishing of fertility treatment to veterans using assisted reproductive technology; (2) to carry out section 1788 (3) to carry out section 1789 of such title, as added by section 4 of this Act. (b) Limitation Notwithstanding any other provision of law, during the period beginning on the date of the enactment of this Act and ending on the date on which the Secretary prescribes regulations under subsection (a), the Secretary may not furnish— (1) to a veteran any fertility treatment that uses an assisted reproductive technology that the Secretary has not used in the provision of a fertility treatment to a veteran before the date of the enactment of this Act; (2) any fertility counseling or treatment under section 1788 of such title, as added by section 3 of this Act; or (3) any assistance under section 1789 of such title, as added by section 4 of this Act. (c) Assisted reproductive technology defined In this section, the term assisted reproductive technology 6. Coordination between Department of Veterans Affairs and Department of Defense on furnishing of fertility counseling and treatment The Secretary of Veterans Affairs and the Secretary of Defense shall share best practices and facilitate referrals, as they consider appropriate, on the furnishing of fertility counseling and treatment. 7. Facilitation of reproduction and infertility research (a) In general Subchapter II of chapter 73 is amended by adding at the end the following new section: 7330B. Facilitation of reproduction and infertility research (a) Facilitation of research required The Secretary shall facilitate research conducted collaboratively by the Secretary of Defense and the Secretary of Health and Human Services to improve the ability of the Department of Veterans Affairs to meet the long-term reproductive health care needs of veterans who have a genitourinary service-connected disability or a condition that was incurred or aggravated in line of duty in the active military, naval, or air service, such as a spinal cord injury, that affects the veterans' ability to reproduce. (b) Dissemination of information The Secretary shall ensure that information produced by the research facilitated under this section that may be useful for other activities of the Veterans Health Administration is disseminated throughout the Veterans Health Administration. . (b) Clerical amendment The table of sections at the beginning of chapter 73 is amended by inserting after the item relating to section 7330A the following new item: 7330B. Facilitation of reproduction and infertility research. . (c) Report Not later than three years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the research activities conducted by the Secretary under section 7330B 8. Annual report on provision of fertility counseling and treatment furnished by Department of Veterans Affairs (a) In general Not later than one year after the date of the enactment of this Act and not less frequently than annually thereafter, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the fertility counseling and treatment furnished by the Department of Veterans Affairs during the year preceding the submittal of the report. (b) Elements Each report submitted under subsection (a) shall include, for the period covered by the report, the following: (1) The number of veterans who received fertility counseling or treatment furnished by the Department of Veterans Affairs, disaggregated by era of military service of such veterans. (2) The number of spouses and surrogates of veterans who received fertility counseling or treatment furnished by the Department. (3) The cost to the Department of furnishing fertility counseling and treatment, disaggregated by cost of services and administration. (4) The average cost to the Department per recipient of such counseling and treatment. (5) In cases in which the Department furnished fertility treatment through the use of assisted reproductive technology, the average number of cycles per person furnished. (6) A description of how fertility counseling and treatment services of the Department are coordinated with similar services of the Department of Defense. 9. Program on assistance for child care for certain veterans (a) Assistance for child care for certain veterans receiving health care (1) In general Subchapter I of chapter 17 is amended by adding at the end the following new section: 1709B. Assistance for child care for certain veterans receiving health care (a) Program required The Secretary shall carry out a program to provide, subject to subsection (b), assistance to qualified veterans described in subsection (c) to obtain child care so that such veterans can receive health care services described in subsection (c). (b) Limitation on period of payments Assistance may only be provided to a qualified veteran under this section for receipt of child care during the period that the qualified veteran— (1) receives health care services described in subsection (c) at a facility of the Department; and (2) requires travel to and from such facility for the receipt of such health care services. (c) Qualified veterans For purposes of this section, a qualified veteran is a veteran who is— (1) the primary caretaker of a child or children; and (2) (A) receiving from the Department— (i) regular mental health care services; (ii) intensive mental health care services; or (iii) such other intensive health care services that the Secretary determines that provision of assistance to the veteran to obtain child care would improve access to such health care services by the veteran; or (B) in need of regular or intensive mental health care services from the Department, and but for lack of child care services, would receive such health care services from the Department. (d) Locations The Secretary shall carry out the program in no fewer than three Veterans Integrated Service Networks selected by the Secretary for purposes of the program. (e) Forms of child care assistance (1) Child care assistance under this section may include the following: (A) Stipends for the payment of child care offered by licensed child care centers (either directly or through a voucher program) which shall be, to the extent practicable, modeled after the Department of Veterans Affairs Child Care Subsidy Program established pursuant to section 630 of the Treasury and General Government Appropriations Act, 2002 ( Public Law 107–67 (B) Direct provision of child care at an on-site facility of the Department. (C) Payments to private child care agencies. (D) Collaboration with facilities or programs of other Federal departments or agencies. (E) Such other forms of assistance as the Secretary considers appropriate. (2) In the case that child care assistance under this section is provided as a stipend under paragraph (1)(A), such stipend shall cover the full cost of such child care. . (2) Clerical amendment The table of sections at the beginning of chapter 17 is amended by inserting after the item relating to section 1709A the following new item: 1709B. Assistance for child care for certain veterans receiving health care. . (3) Conforming amendment Section 205(e) of the Caregivers and Veterans Omnibus Health Services Act of 2010 ( Public Law 111–163 38 U.S.C. 1710 but not after the date of the enactment of the Women Veterans and Other Health Care Improvements Act of 2013 (b) Assistance for child care for individuals receiving readjustment counseling and related mental health services (1) In general Subchapter I of chapter 17, as amended by subsection (a)(1) of this section, is further amended by adding at the end the following new section: 1709C. Assistance for child care for individuals receiving readjustment counseling and related mental health services (a) Program required The Secretary shall carry out a program to provide, subject to subsection (b), assistance to qualified individuals described in subsection (c) to obtain child care so that such individuals can receive readjustment counseling and related mental health services. (b) Limitation on period of payments Assistance may only be provided to a qualified individual under this section for receipt of child care during the period that the qualified individual receives readjustment counseling and related health care services at a Vet Center. (c) Qualified individuals For purposes of this section, a qualified individual is an individual who is— (1) the primary caretaker of a child or children; and (2) (A) receiving from the Department regular readjustment counseling and related mental health services; or (B) in need of readjustment counseling and related mental health services from the Department, and but for lack of child care services, would receive such counseling and services from the Department. (d) Locations The Secretary shall carry out the program under this section in no fewer than three Readjustment Counseling Service Regions selected by the Secretary for purposes of the program. (e) Forms of child care assistance (1) Child care assistance under this section may include the following: (A) Stipends for the payment of child care offered by licensed child care centers (either directly or through a voucher program) which shall be, to the extent practicable, modeled after the Department of Veterans Affairs Child Care Subsidy Program established pursuant to section 630 of the Treasury and General Government Appropriations Act, 2002 ( Public Law 107–67 (B) Payments to private child care agencies. (C) Collaboration with facilities or programs of other Federal departments or agencies. (D) Such other forms of assistance as the Secretary considers appropriate. (2) In the case that child care assistance under this subsection is provided as a stipend under paragraph (1)(A), such stipend shall cover the full cost of such child care. (f) Vet Center defined In this section, the term Vet Center . (2) Clerical amendment The table of sections at the beginning of chapter 17, as amended by subsection (a)(2) of this section, is further amended by inserting after the item relating to section 1709B the following new item: 1709C. Assistance for child care for individuals receiving readjustment counseling and related mental health services. . 10. Counseling in retreat settings for women veterans newly separated from service in the Armed Forces (a) Counseling in retreat settings (1) In general Subchapter II of chapter 17 is amended by adding at the end the following new section: 1720H. Counseling in retreat settings for women veterans newly separated from service in the Armed Forces (a) In general The Secretary shall provide, through the Readjustment Counseling Service of the Veterans Health Administration, reintegration and readjustment services described in subsection (c) in group retreat settings to women veterans who are recently separated from service in the Armed Forces after a prolonged deployment. (b) Election of veteran The receipt of services under this section by a woman veteran shall be at the election of the veteran. (c) Covered services The services provided to a woman veteran under this section shall include the following: (1) Information on reintegration into the veteran’s family, employment, and community. (2) Financial counseling. (3) Occupational counseling. (4) Information and counseling on stress reduction. (5) Information and counseling on conflict resolution. (6) Such other information and counseling as the Secretary considers appropriate to assist the veteran in reintegration into the veteran’s family, employment, and community. . (2) Clerical amendment The table of sections at the beginning of chapter 17 is amended by inserting after the item relating to section 1720G the following new item: 1720H. Counseling in retreat settings for women veterans newly separated from service in the Armed Forces. . (b) Repeal of superseded pilot program authority Section 203 of the Caregivers and Veterans Omnibus Health Services Act of 2010 ( Public Law 111–163 September 17, 2013 Reported with an amendment

Women Veterans and Other Health Care Improvements Act of 2013

Bureau of Consumer Financial Protection-Inspector General Reform Act of 2013 or CFPB-IG Act of 2013 - Amends the Inspector General Act of 1978 to repeal the authority of the Chairman of the Board of Governors of the Federal Reserve System to appoint the Inspector General of the Consumer Financial Protection Bureau (CFPB). Requires the CFPB Inspector General to be appointed by the President, by and with the advice and consent of the Senate.

To require Senate confirmation of Inspector General of the Bureau of Consumer Financial Protection, and for other purposes. 1. Short title This Act may be cited as the Bureau of Consumer Financial Protection-Inspector General Reform Act of 2013 CFPB-IG Act of 2013 2. Appointment of Inspector General The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in section 8G— (A) in subsection (a)(2), by striking and the Bureau of Consumer Financial Protection (B) in subsection (c), by striking For the purposes of implementing this section (C) in subsection (g)(3), by striking and the Bureau of Consumer Financial Protection (2) in section 12— (A) in paragraph (1), by inserting the Director of the Bureau of Consumer Financial Protection; the President of the Import-Export Bank; (B) in paragraph (2), by inserting the Bureau of Consumer Financial Protection, the Import-Export Bank,

CFPB-IG Act of 2013

Expedited Disability Insurance Payments for Terminally Ill Individuals Act of 2013 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to prescribe formulae for payment of Social Security Disability Insurance (SSDI) benefits over a period of 24 consecutive calendar months for individuals determined to be under a disability upon submission of a diagnosis of a terminal illness.

To provide for phased-in payment of Social Security Disability Insurance payments during the waiting period for individuals with a terminal illness. 1. Short title This Act may be cited as the Expedited Disability Insurance Payments for Terminally Ill Individuals Act of 2013 2. Phased-in payment of SSDI benefits during the waiting period for the terminally ill (a) In general Section 223 of the Social Security Act ( 42 U.S.C. 423 (1) in subsection (a)— (A) in paragraph (1), in the matter following subparagraph (E), by striking or (ii) (ii) subject to paragraph (2)(B), for each month beginning with the first month during all of which the individual is determined under subparagraph (D) of subsection (d)(2) to be under a disability and in which he becomes so entitled to such insurance benefits, or (iii) (B) in paragraph (2)— (i) in subparagraph (A), by striking or (ii) by redesignating subparagraph (B) as subparagraph (C); (iii) in subparagraph (C), as so redesignated, by striking (ii) (iii) (iv) by inserting after subparagraph (A) the following new subparagraph: (B) in any case in which clause (ii) of paragraph (1) of this subsection is applicable, the first month for which the individual becomes entitled to such disability insurance benefits, subject to the phase-in percentage period described in paragraph (3)(A), or ; and (C) by adding at the end the following new paragraph: (3) (A) For purposes of paragraph (2)(B), in any case in which clause (ii) of paragraph (1) of this subsection is applicable, an individual's disability insurance benefit for the earliest period of 2 consecutive calendar months throughout which the individual has been entitled to such insurance benefits shall be equal to the product of the benefit amount determined under paragraph (2)(B) (as determined before application of this paragraph) and— (i) for the first calendar month, 50 percent; and (ii) for the second calendar month, 75 percent. (B) If an individual who has been determined under subparagraph (D) of subsection (d)(2) to be under a disability has been entitled to a disability insurance benefit on such basis for 12 consecutive calendar months, the individual's disability insurance benefit for any month during the subsequent period of 12 consecutive calendar months shall be equal to— (i) the benefit amount determined under paragraph (2)(B) (as determined before application of subparagraph (A)); minus (ii) the quotient obtained by dividing the total amount of disability insurance benefits provided to the individual during the earliest period of five consecutive calendar months for which the individual was entitled to such benefits on such basis by 12. (C) If an individual who has been determined under subparagraph (D) of subsection (d)(2) to be under a disability has been entitled to a disability insurance benefit on such basis for 24 consecutive calendar months, the individual's disability insurance benefit for any subsequent month shall be equal to 95 percent of the benefit amount determined under paragraph (2)(B) (as determined before application of subparagraphs (A) and (B)). ; and (2) in subsection (d)(2), by adding at the end the following: (D) For purposes of clause (ii) of paragraph (1) of subsection (a), an individual shall be determined to be under a disability upon submission of a diagnosis of a terminal illness (as defined in section 1861(dd)(3)(A)) that has been certified by not less than 2 physicians (as defined in section 1861(r)(1)) who are not related (as defined in section 267(c)(4) of the Internal Revenue Code) and are not in the same physician group practice. . (b) Report to Congress Not later than 12 months after the date of the enactment of this Act, and each year thereafter, the Commissioner of the Social Security Administration, in coordination with the Inspector General of the Social Security Administration, shall submit to the relevant committees of Congress a report that evaluates the provision of disability insurance benefits to terminally ill individuals, including— (1) the total number of individuals who— (A) filed applications for disability insurance benefits (as determined under section 223(a)(3) of the Social Security Act) based on a diagnosis of a terminal illness; (B) receive such benefits; (C) die within 6 months of first receiving such benefits; (D) die within 12 months of first receiving such benefits; (E) receive such benefits during the period described in section 223(a)(3)(B) of the Social Security Act; and (F) receive such benefits during the period described in section 223(a)(3)(C) of the Social Security Act; (2) the total amount expended, including related administrative expenses, for the provision of disability insurance benefits under section 223(a)(3) of the Social Security Act to individuals diagnosed with a terminal illness; and (3) recommendations for such legislation and administrative actions as are determined appropriate for preventing fraud, waste, and abuse related to such benefits. (c) Effective date The amendments made by this section shall apply to benefits payable for months beginning after December 31, 2013.

Expedited Disability Insurance Payments for Terminally Ill Individuals Act of 2013

Federal Employee Accountability Act of 2013 - Repeals provisions: (1) authorizing a federal employee representing an exclusive representative in the negotiation of a collective bargaining agreement official time for such purpose during the time such employee otherwise would be in a duty status; and (2) requiring the Federal Labor Relations Authority (FLRA) to determine whether any employee participating for, or on behalf of, a labor organization in any phase of proceedings before it shall be authorized official time for that purpose.

To amend title 5, United States Code, to limit the circumstances in which official time may be used by a Federal employee. 1. Short title This Act may be cited as the Federal Employee Accountability Act of 2013 2. Repeal of certain provisions relating to official time Section 7131 (1) by striking subsections (a) and (c); (2) by redesignating subsections (b) and (d) as subsections (a) and (b), respectively; and (3) in subsection (b) (as so redesignated by paragraph (2)), by striking Except as provided in the preceding subsections of this section— Except as provided in subsection (a)—

Federal Employee Accountability Act of 2013

United Nations Transparency, Accountability, and Reform Act of 2013 - Requires the President's annual congressional budget justification to include a detailed itemized request in support of the U.S. contribution to the regular budget of the United Nations (U.N.). Directs the President to use U.S. influence at the U.N. on a variety of issues, including: (1) shifting the funding mechanism for the regular budget of the U.N. from an assessed to a voluntary basis, (2) terrorism, (3) anti-Semitism, (4) maintaining U.S. influence in the U.N. Security Council, and (5) human rights violators. Withholds from U.S. contributions to the regular U.N. budget amounts that are proportional to the percentage of such budget expended for a U.N. human rights treaty monitoring body or committee that was established by a convention or an international covenant to which the United States is not party. Establishes the Office of the United States Inspector General for Contributions to the United Nations System. Sets forth requirements for the Office with respect to audits and investigations of U.S. contributions to the U.N. and such contributions' use by U.N. entities. Prohibits the obligation or expenditure of a U.S. contribution to any U.N. entity unless it has provided the Office with a transparency certification and is in compliance with it. Withholds U.S. contributions from any U.N. entity that recognizes a Palestinian state or grants full membership to the Palestinian observer mission at the U.N., the Palestine Liberation Organization (PLO), the Palestinian Authority (PA), or any other Palestinian administrative organization or governing entity before the achievement of a final peace agreement with Israel. Declares that until the Secretary makes a specified certification to Congress: (1) the Secretary shall withhold from a U.S. contribution to a regular U.N. budget an amount equal to the amount that would be allocated for the United Nations Human Rights Council (UNHRC), (2) the Secretary shall not make a voluntary contribution to UNHRC, and (3) the United States shall not run for a UNHRC seat. Withholds from the U.S. contribution to the regular U.N. budget an amount equal to the percentage of such contribution that would be or has been expended by the United Nations pursuant to: (1) the Goldstone Report, and (2) the Durban process. Prohibits the use of funds for U.S. participation in any further part of the Durban process. Withholds U.S. contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) or to any successor or related entity unless the Secretary makes specified certifications to Congress. Prohibits any U.S. contribution to the International Atomic Energy Agency (IAEA) from being used to support Technical Cooperation program assistance to any country, including North Korea, that: (1) has repeatedly supported acts of international terrorism; or (2) is in breach of, or under investigation for breach of, obligations regarding its safeguards agreement with the IAEA, the Nuclear Non-Proliferation Treaty, or any relevant Security Council resolution. Sets forth U.S. policy regarding reform of U.N. peacekeeping operations. Directs the President to use U.S. influence at the U.N. to oppose the creation of new, or expansion of existing, U.N. peacekeeping operations until the Secretary certifies to Congress that specified peacekeeping reforms have been adopted by the U.N. Department of Peacekeeping Operations or the General Assembly. Sets forth reporting requirements regarding: (1) U.N. reform, (2) U.S. contributions to the United Nations, and (3) U.N. voting practices.

To promote transparency, accountability, and reform within the United Nations system, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the United Nations Transparency, Accountability, and Reform Act of 2013 (b) Table of contents The table of contents is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—United States policy at the United Nations Sec. 101. United States contributions to the United Nations system. Sec. 102. Budget justification for United States contributions to the regular budget of the United Nations. Sec. 103. Annual publication. Sec. 104. Annual financial disclosure. Sec. 105. Policy with respect to expansion of the United Nations Security Council. Sec. 106. Access to reports and audits. Sec. 107. Waiver of immunity. Sec. 108. Terrorism and the United Nations. Sec. 109. United Nations treaty bodies. Sec. 110. Anti-semitism and the United Nations. Sec. 111. United States policy on tier 3 human rights violators. TITLE II—Transparency and accountability for United States contributions to the United Nations Sec. 201. Definitions. Sec. 202. Establishment and management of the Office of the United States Inspector General for Contributions to the United Nations System. Sec. 203. Transparency for United States contributions. Sec. 204. Authorization of appropriations. TITLE III—Status of Palestinian entities at the United Nations Sec. 301. Statement of policy. Sec. 302. Implementation. TITLE IV—United Nations Human Rights Council Sec. 401. United Nations Human Rights Council. TITLE V—Goldstone Report Sec. 501. Goldstone Report. TITLE VI—Durban process Sec. 601. Non-participation in the Durban process. Sec. 602. Withholding of funds; refund of United States taxpayer dollars. TITLE VII—United Nations Relief and Works Agency for Palestine Refugees in the Middle East Sec. 701. United States contributions to UNRWA. Sec. 702. Sense of Congress. TITLE VIII—International Atomic Energy Agency Sec. 801. Technical Cooperation Program. Sec. 802. United States policy at the IAEA. Sec. 803. Sense of Congress regarding the Nuclear Security Action Plan of the IAEA. TITLE IX—Peacekeeping Sec. 901. Policy relating to reform of United Nations peacekeeping operations. Sec. 902. Certification. TITLE X—Reporting requirements Sec. 1001. Report on United Nations reform. Sec. 1002. Report on United States contributions to the United Nations. Sec. 1003. Report to Congress on voting practices in the United Nations. 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committees on Foreign Relations, Appropriations, and Homeland Security and Governmental Affairs of the Senate; and (B) the Committees on Foreign Affairs, Appropriations, and Oversight and Government Reform of the House of Representatives. (2) Employee The term employee (3) General Assembly The term General Assembly (4) Member State The term Member State country (5) Secretary The term Secretary (6) Secretary-General The term Secretary-General (7) Security Council The term Security Council (8) UN The term UN (9) United Nations entity The term United Nations entity Public Law 109–364 (10) United Nations system The term United Nations system (11) United States contribution The term United States contribution Public Law 109–364 I United States policy at the United Nations 101. United States contributions to the United Nations system (a) Statement of policy It shall be the policy of the United States— (1) to pursue the goal of zero nominal growth of the regular budget of the United Nations above the 2012–2013 regular budget; (2) to maintain the 22-percent cap on assessed contributions to the United Nations regular budget, and to establish similar maximum assessments for other United Nations entities; (3) to establish a 25-percent cap on United States contributions to the United Nations Peacekeeping Operations budget; and (4) to shift funding for the regular budget of the United Nations from assessed to voluntary contributions. (b) Requirement To seek change The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to shift the funding mechanism for the regular budget of the United Nations to a voluntary basis, and to make it a priority to build support for such a transformational change among Member States, particularly key United Nations donors. 102. Budget justification for United States contributions to the regular budget of the United Nations (a) Detailed itemization The President shall include in the budget justification documents submitted to Congress pursuant to section 1105(a) of title 31, United States Code, a detailed itemized request in support of the contribution of the United States to the regular budget of the United Nations. (b) Contents of detailed itemization The detailed itemization required under subsection (a) shall— (1) contain information relating to the amounts requested in support of each of the various sections and programs of the regular budget of the United Nations; and (2) compare the amounts requested for the current year with the actual or estimated amounts contributed by the United States in previous fiscal years for the same sections and titles. (c) Adjustments and notification If the United Nations proposes an adjustment to its regular assessed budget, the Secretary shall, at the time such adjustment is presented to the Advisory Committee on Administrative and Budgetary Questions (ACABQ), notify and consult with the appropriate congressional committees. 103. Annual publication The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to ensure the United Nations publishes annually, including on a publicly searchable internet website, a list of all United Nations subsidiary bodies and their functions, budgets, staff, and contributions, both voluntary and assessed, sorted by donor. 104. Annual financial disclosure The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to adopt and implement a system wide requirement at the United Nations for the filing of individual annual financial disclosure forms by each employee of the United Nations and its specialized agencies, programs, and funds at the D–1 level and above, which shall be made available to the Office of Internal Oversight Services, to Member States, and to the public at a similar level of detail as that required of United States Government officials under title I of the Ethics in Government Act of 1978 (5 U.S.C. App. 4 101 et seq.). 105. Policy with respect to expansion of the United Nations Security Council It is the policy of the United States to use the voice, vote, and influence of the United States at the United Nations to oppose any proposals on expansion of the Security Council if such expansion would— (1) diminish the influence of the United States on the Security Council; (2) include new members without a record and ongoing commitment to fully share the responsibilities and burdens as full members of the United Nations, including financial support for the regular budget and peacekeeping operations of the United Nations; (3) include new members that are unable or unwilling to fully enforce United Nations Security Council judgments and sanctions; or (4) include veto rights for any new members of the Security Council. 106. Access to reports and audits The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to ensure that Member States may, upon request, have access to all reports and audits completed by the Board of External Auditors. 107. Waiver of immunity The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to ensure that the Secretary-General exercises the right and duty of the Secretary-General under section 20 of the Convention on the Privileges and Immunities of the United Nations to waive the immunity of any United Nations official in any case in which such immunity would impede the course of justice. In exercising such waiver, the Secretary-General is urged to interpret the interests of the United Nations as favoring the investigation or prosecution of a United Nations official who is credibly under investigation for having committed a serious criminal offense or who is credibly charged with a serious criminal offense. 108. Terrorism and the United Nations The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to work toward adoption by the General Assembly of— (1) a definition of terrorism that— (A) builds upon the recommendations of the December 2004 report of the High-Level Panel on Threats, Challenges, and Change; (B) includes as an essential component of such definition any action that is intended to cause death or serious bodily harm to civilians with the purpose of intimidating a population or compelling a government or an international organization to do, or abstain from doing, any act; and (C) does not propose a legal or moral equivalence between an action described in subparagraph (B) and measures taken by a government or international organization in self-defense against an action described in subparagraph (B); and (2) a comprehensive convention on terrorism that includes the definition described in paragraph (1). 109. United Nations treaty bodies The United States shall withhold from United States contributions to the regular assessed budget of the United Nations for a biennial period amounts that are proportional to the percentage of such budget that are expended with respect to a United Nations human rights treaty monitoring body or committee that was established by— (1) a convention (without any protocols) or an international covenant (without any protocols) to which the United States is not party; or (2) a convention, with a subsequent protocol, if the United States is a party to neither. 110. Anti-semitism and the United Nations (a) In general The President shall direct the United States permanent representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to make every effort to— (1) ensure the issuance and implementation of a directive by the Secretary-General or the Secretariat, as appropriate, that— (A) requires all employees of the United Nations and its specialized agencies to officially and publicly condemn anti-Semitic statements made at any session of the United Nations or its specialized agencies, or at any other session sponsored by the United Nations; (B) requires employees of the United Nations and its specialized agencies, programs, and funds to be subject to punitive action, including immediate dismissal, for making anti-Semitic statements or references; (C) proposes specific recommendations to the General Assembly for the establishment of mechanisms to hold accountable employees and officials of the United Nations and its specialized agencies, programs, and funds, or Member States, that make such anti-Semitic statements or references in any forum of the United Nations or of its specialized agencies; (D) continues to develop and implements education awareness programs about the Holocaust and anti-Semitism throughout the world, as part of an effort to combat intolerance and hatred; and (E) requires the Office of the United Nations High Commissioner for Human Rights (OHCHR) to develop programming and other measures that address anti-Semitism; (2) secure the adoption of a resolution by the General Assembly that establishes the mechanisms described in paragraph (1)(C); and (3) continue working toward further reduction of anti-Semitism in the United Nations and its specialized agencies, programs, and funds. (b) Withholding of funds Notwithstanding any other provision of law, of the amounts appropriated or otherwise made available for the United Nations and its affiliated agencies under the heading Contributions for International Organizations 111. United States policy on tier 3 human rights violators The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to ensure that no representative of a country designated by the Department of State pursuant to section 110 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107 II Transparency and accountability for United States contributions to the United Nations 201. Definitions In this title: (1) Transparency certification The term transparency certification (2) Oversight information The term oversight information (A) internally and externally commissioned audits, investigatory reports, program reviews, performance reports, and evaluations; (B) financial statements, records, and billing systems; (C) program budgets and program budget implications, including revised estimates and reports on budget related matters; (D) operational plans, budgets, and budgetary analyses for peacekeeping operations; (E) analyses and reports regarding the scale of assessments; (F) databases and other data systems containing financial or programmatic information; (G) documents or other records alleging or involving improper use of resources, misconduct, mismanagement, or other violations of rules and regulations applicable to a United Nations entity; and (H) other documentation relevant to the audit and investigative work of the Inspector General with respect to United States contributions to the United Nations system. 202. Establishment and management of the Office of the United States Inspector General for Contributions to the United Nations System (a) Purpose The purpose of this section is to make possible the independent and objective conduct of audits and investigations relating to United States contributions to the United Nations system and the use of those contributions by United Nations entities, in an effort to eliminate and deter waste, fraud, and abuse in the use of those contributions, and thereby to contribute to the development of greater transparency, accountability, and internal controls throughout the United Nations system. (b) Establishment There is hereby established the Office of the United States Inspector General for Contributions to the United Nations System. (c) Inspector General (1) Appointment The head of the Office of the United States Inspector General for Contributions to the United Nations System is the Inspector General for Contributions to the United Nations System, who shall be appointed by the President, by and with the advice and consent of the Senate, on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. (2) Nomination The nomination of an individual as Inspector General shall be made not later than 30 days after the enactment of this Act. (3) Removal The Inspector General may be removed from office by the President. The President shall communicate the reasons for any such removal to both Houses of Congress. (4) Compensation The annual rate of basic pay of the Inspector General shall be the annual rate of basic pay provided for positions at level IV of the Executive Schedule under section 5315 (5) Relationship to board (A) Except as provided in subparagraph (B), the Inspector General shall report directly to and be under the general supervision of, the Board of Directors established under subsection (d). (B) Neither the Board, any officer of the Board, nor any officer of a Federal department or agency shall prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation. (6) Duties The Inspector General shall carry out the following duties: (A) In accordance with section 4(b)(1) (i) the treatment, handling, expenditure, and use of United States contributions by and to United Nations entities; and (ii) the adequacy of accounting, oversight, and internal control mechanisms at United Nations entities that receive United States contributions. (B) In accordance with section 4(b)(1) (C) Collecting and maintaining current records regarding transparency certifications by all United Nations entities that receive United States contributions. (D) Keeping the Board of Directors and Congress fully and promptly informed of how United Nations entities are spending United States contributions by means of reports, testimony, and briefings. (E) Promptly reporting to the United States Attorney General when Inspector General has reasonable grounds to believe a United States Federal criminal law has been violated by a United Nations entity or one of its employees, contractors, or representatives. (F) Promptly reporting, when appropriate, to the Secretary-General or the head of the appropriate United Nations entity cases where the Inspector General reasonably believes that mismanagement, misfeasance, or malfeasance is likely to have taken place within a United Nations entity and disciplinary proceedings are likely justified. (7) Personnel, facilities, and other resources (A) Officers and employees The Inspector General may select, appoint, and employ such officers and employees as may be necessary for carrying out the duties of the Inspector General. (B) Services The Inspector General may obtain services as authorized by section 3109 (C) Property The Inspector General may lease, purchase, or otherwise acquire, improve, and use such real property wherever situated, as may be necessary for carrying out this section. (D) Contract authority To the extent and in such amounts as may be provided in advance by appropriations Acts, the Inspector General my enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and make such payments as may be necessary to carry out the duties of the Inspector General. (E) Details Upon request by the Inspector General, the head of a Federal agency may detail any employee of such agency to the Office of the United States Inspector General for Contributions to the United Nations System on a reimbursable basis. Any employee so detailed remains, for the purpose of preserving such employee's allowances, privileges, rights, seniority, and other benefits, an employee of the agency from which detailed. (8) Cooperation by United States Government entities (A) In general In carrying out the duties, responsibilities, and authorities of the Inspector General under this section, the Inspector General shall receive the cooperation of inspectors general of other Federal Government agencies. (B) Information sharing Upon request of the Inspector General for information or assistance from any department, agency, or other entity of the Federal Government, the head of such entity shall, insofar as is practicable and not in contravention of any existing law, furnish such information or assistance to the Inspector General, or an authorized designee. (C) Reporting of noncooperation Whenever information or assistance requested by the Inspector General is, in the judgment of the Inspector General, unreasonably refused or not provided, the Inspector General shall report the circumstances to the Board of Directors and to the appropriate congressional committees without delay. (9) Confirmation of transparency by United Nations entities (A) Prompt notice by inspector general Whenever information or assistance requested from a United Nations entity by the Inspector General pursuant to a transparency certification is, in the opinion of the Inspector General, unreasonably refused or not provided in a timely manner, the Inspector General shall notify the Board of Directors, the head of that particular United Nations entity, and the United Nations Secretary-General of the circumstances in writing, without delay. (B) Notice of compliance If and when the information or assistance being sought by the Inspector General in connection with a notification pursuant to subparagraph (A) is provided to the satisfaction of the Inspector General, the Inspector General shall so notify in writing the United Nations entity, the Board of Directors, and the appropriate congressional committees. (C) Noncompliance If the information or assistance being sought by the Inspector General in connection with a notification pursuant to subparagraph (A) is not provided to the satisfaction of the Inspector General within 90 days of that notification, then the United Nations entity that is the subject of the notification is deemed to be noncompliant with its transparency certification, and the Inspector General shall provide prompt, written notification of that fact to the Board of Directors, the appropriate congressional committees, the head of that United Nations entity, the United Nations Secretary-General, and any office or agency of the Federal Government that has provided that United Nations entity with any United States contribution during the prior two years. (D) Restoration of compliance A finding of transparency certification noncompliance pursuant to subparagraph (C) may be reversed by an affirmative vote of at least 5 of the 7 members of the Board of Directors if the Board finds that the entity has satisfactorily resolved the noncompliance issue. The Board shall promptly provide notification of such restoration, along with a description of the basis for the Board's decision, to the Inspector General, the appropriate congressional committees, the head of the affected United Nations entity, the United Nations Secretary-General, and the head of any office or agency of the Federal Government that has provided that United Nations entity with any United States contribution during the prior two years. (E) Cost reimbursement The Inspector General may reimburse United Nations entities for the reasonable cost of providing to the Inspector General information or assistance sought pursuant to a transparency certification. (10) Reports (A) Audit and investigation reports Promptly upon completion, the Inspector General shall provide copies of each audit and investigation report completed pursuant to paragraph (6) to the Board of Directors, the appropriate congressional committees, and, to the extent permissible under United States law, the head of each United Nations entity that is the subject of that particular report. (B) Semiannual reports Not later than May 30, 2014, and semiannually thereafter, the Inspector General shall submit to the appropriate congressional committees a report that, among other things— (i) meets the requirements of section 5 of the Inspector General Act of 1978; and (ii) includes a list of and detailed description of the circumstances surrounding any notification of noncompliance issued pursuant to paragraph (9)(C) during the covered timeframe, and whether and when the Board of Directors has reversed such finding of noncompliance. (C) Prohibited disclosures Nothing in this subsection shall be construed to authorize the public disclosure of information that is— (i) specifically prohibited from disclosure by any other provision of law; (ii) specifically required by Executive order to be protected from disclosure in the interest of national defense or national security or in the conduct of foreign affairs; or (iii) a part of an ongoing criminal investigation. (D) Privacy protections The Inspector General shall exempt from public disclosure information received from a United Nations entity or developed during an audit or investigation that the Inspector General believes— (i) constitutes a trade secret or privileged and confidential personal financial information; (ii) accuses a particular person of a crime; (iii) would, if publicly disclosed, constitute a clearly unwarranted invasion of personal privacy; or (iv) would compromise an ongoing law enforcement investigation or judicial trial in the United States. (E) Publication Subject only to the exceptions detailed in subparagraphs (C) and (D), the Inspector General shall promptly publish each report under this subsection on a publicly available and searchable Internet website. (d) Board of directors (1) Establishment The Office of the United States Inspector General for Contributions to the United Nations System shall have a Board of Directors. (2) Duties The Board shall receive information and reports of audits and investigations from the Office and the Inspector General, provide general direction and supervision to the Office and the Inspector General, and determine the restoration of compliance by any United Nations entity with a transparency certification pursuant to subsection (c)(9)(D). (3) Membership The Board shall consist of the Secretary of State (or the Secretary's designee), the Secretary of Labor (or the Secretary's designee), the Secretary of Agriculture (or the Secretary's designee), the Secretary of Defense (or the Secretary's designee), the Administrator of the Environmental Protection Agency (or the Administrator's designee), the Secretary of the Treasury (or the Secretary's designee), and the Director of the Office of Management and Budget (or the Director's designee). (4) Chairmanship The Board shall be chaired by a board member, and the chairmanship shall rotate among the member departments and agencies on an annual basis. The first chair shall be the Director of the Office of Management and Budget (or such designee of the Director serving on the Board). 203. Transparency for United States contributions (a) Funding prerequisites Notwithstanding any other provision of law, no funds made available for use as a United States contribution to any United Nations entity may be obligated or expended if— (1) the intended United Nations entity recipient has not provided to the Inspector General within the preceding year a transparency certification; or (2) the intended United Nations entity recipient is noncompliant with its transparency certification as described in section 202(c)(9)(C). (b) Treatment of funds withheld for noncompliance At the conclusion of each fiscal year, any funds that had been appropriated for use as a United States contribution to a United Nations entity during that fiscal year, but could not be obligated or expended because of the restrictions of subsection (a), shall be returned to the United States Treasury, and are not subject to reprogramming for any other use. Any such funds returned to the Treasury shall not be considered arrears to be repaid to any United Nations entity. (c) Presidential waiver The President may waive the limitations of this section with respect to a particular United States contribution to a particular United Nations entity within a single fiscal year if the President determines that it is necessary for the national security interests of the United States and provides notification and explanation of that determination to the appropriate congressional committees. 204. Authorization of appropriations There are authorized to be appropriated out of funds available to the Department of State for International Organizations such sums as are necessary to carry out the activities of this title, provided that such sums are not less than one half of 1 percent of the total amount of all assessed and voluntary contributions of the United States Government to the United Nations and United Nations affiliated agencies and related bodies during the prior fiscal year. III Status of Palestinian entities at the United Nations 301. Statement of policy It is the policy of the United States to oppose the recognition of a Palestinian state by any United Nations entity, or the granting of full membership to the Palestinian observer mission at the United Nations, the Palestine Liberation Organization, the Palestinian Authority, or any other Palestinian administrative organization or governing entity, at any United Nations entity, prior to the achievement of a final peace agreement negotiated between and agreed to by Israel and the Palestinians. 302. Implementation (a) In general The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to advance the policy stated in section 301. (b) Withholding of funds The Secretary shall withhold United States contributions from any United Nations entity that recognizes a Palestinian state or grants full membership to the Palestinian observer mission at the United Nations, the Palestine Liberation Organization, the Palestinian Authority, or any other Palestinian administrative organization or governing entity, at that United Nations entity, prior to the achievement of complete and final peace agreement negotiated between and agreed to by Israel and the Palestinians. Funds appropriated for use as a United States contribution to the United Nations but withheld from obligation and expenditure pursuant to this section shall immediately revert to the United States Treasury and shall not be considered arrears to be repaid to any United Nations entity. IV United Nations Human Rights Council 401. United Nations Human Rights Council (a) In general For each fiscal year beginning after the effective date of this Act, until the Secretary submits to Congress a certification that the requirements described in subsection (b) have been satisfied— (1) the Secretary shall withhold from the United States contribution each fiscal year to the regular budget of the United Nations an amount that is equal to the percentage of such contribution that the Secretary determines would be allocated by the United Nations to support the United Nations Human Rights Council or any of its Special Procedures; (2) the Secretary shall not make a voluntary contribution to the United Nations Human Rights Council; or (3) the United States shall not run for a seat on the United Nations Human Rights Council. (b) Certification The annual certification referred to in subsection (a) is a certification made by the Secretary to Congress that— (1) the United Nations Human Rights Council’s mandate from the United Nations General Assembly explicitly and effectively prohibits candidacy for Human Rights Council membership of a United Nations Member State— (A) subject to sanctions by the Security Council; and (B) under a Security Council-mandated investigation for human rights abuses; (2) the United Nations Human Rights Council does not include a United Nations Member State— (A) subject to sanctions by the Security Council; (B) under a Security Council-mandated investigation for human rights abuses; (C) that the Secretary has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act; 50 U.S.C. 1701 et seq. 22 U.S.C. 2780 22 U.S.C. 2371 (D) designated by the Department of State pursuant to section 110 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107 (E) that the President has designated as a country of particular concern for religious freedom under section 402(b) of the International Religious Freedom Act of 1998 (22 U.S.C. 6442(b)); and (3) the United Nations Human Rights Council’s agenda or programme of work does not include a permanent item with regard to the State of Israel. (c) Reversion of funds Funds appropriated for use as a United States contribution to the United Nations but withheld from obligation and expenditure pursuant to this section shall immediately revert to the United States Treasury and shall not be considered arrears to be repaid to any United Nations entity. V Goldstone Report 501. Goldstone Report (a) Withholding of Funds The Secretary shall withhold from the United States contribution to the regular budget of the United Nations an amount that is equal to the percentage of such contribution that the Secretary determines would be or has been expended by the United Nations for any part of the Goldstone Report or its preparatory or follow-on activities. (b) Refund of United States Taxpayer Dollars Funds appropriated for use as a United States contribution to the regular budget of the United Nations but withheld from obligation and expenditure pursuant to subsection (a) shall immediately revert to the United States Treasury and shall not be considered arrears to be repaid to any United Nations entity. VI Durban process 601. Non-participation in the Durban process None of the funds made available in any provision of law may be used for United States participation in any further part of the Durban process. 602. Withholding of funds; refund of United States taxpayer dollars (a) Withholding of funds for the durban process The Secretary shall withhold from the United States contribution to the regular budget of the United Nations an amount that is equal to the percentage of such contribution that the Secretary determines would be or has been expended by the United Nations for any part of the Durban process, including— (1) any public information campaign for the commemoration of the Durban Declaration and Programme of Action (2) the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action; (3) the group of independent eminent experts on the implementation of the Durban Declaration and Programme of Action (4) the Ad Hoc Committee on the Elaboration of Complementary Standards. (b) Withholding of funds for other biased and compromised activities Until the Secretary submits to the appropriate congressional committees a certification, on a case-by-case basis, that the requirements described in subsection (d) have been satisfied, the United States shall withhold from the United States contribution to the regular budget of the United Nations an amount that is equal to the percentage of such contribution that the Secretary determines has been allocated by the United Nations for any conference, meeting, or other multilateral forum, or the preparatory or follow-on activities of any conference, meeting, or other multilateral forum, that is organized under the aegis or jurisdiction of the United Nations or of any United Nations entity. (c) Refund of united states taxpayer dollars (1) Contributions to regular budget of united nations Funds appropriated for use as a United States contribution to the regular budget of the United Nations but withheld from obligation and expenditure pursuant to subsection (a) shall immediately revert to the United States Treasury and shall not be considered arrears to be repaid to any United Nations entity. (2) Contributions to biennial budget of united nations Funds appropriated for use as a United States contribution to the regularly assessed biennial budget of the United Nations but withheld from obligation and expenditure pursuant to subsection (b) may be obligated and expended for that purpose upon the certification described in subsection (d). Such funds shall revert to the United States Treasury if no such certification is made by the date that is one year after such appropriation, and shall not be considered arrears to be repaid to any United Nations entity. (d) Certification The certification referred to in subsection (b) is a certification made by the Secretary to the appropriate congressional committees concerning the following: (1) The specified conference, meeting, or other multilateral forum did not reaffirm, call for the implementation of, or otherwise support the Durban Declaration and Programme of Action (2001) or the outcome document of the Durban II conference (2009) or the Durban III meeting (2011). (2) The specified conference or forum was not used to propagate racism, racial discrimination, anti-Semitism, denial of the Holocaust, incitement to violence or genocide, xenophobia, or related intolerance. (3) The specified conference or forum was not used to advocate for restrictions on the freedoms of speech, expression, religion, the press, assembly, or petition, or for restrictions on other fundamental human rights and freedoms. (4) The leadership of the specified conference or forum does not include a Member State, or a representative from a Member State— (A) subject to sanctions by the Security Council; (B) under a Security Council-mandated investigation for human rights abuses; or (C) the government of which the Secretary has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or other provision of law, is a government that has repeatedly provided support for acts of international terrorism. VII United Nations Relief and Works Agency for Palestine Refugees in the Middle East 701. United States contributions to UNRWA Section 301 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2221 (c) (1) Contributions by the United States to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), to any successor or related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity (through staff positions provided by the United Nations Secretariat, or otherwise), may be provided only after the Secretary has submitted the annual report described in paragraph (2) to the appropriate congressional committees. (2) A written report by the Secretary of State, based on all information available after diligent inquiry, and transmitted to the appropriate congressional committees along with a detailed description of the factual basis therefor, that— (A) no official, employee, consultant, contractor, subcontractor, representative, or affiliate of UNRWA— (i) is a member of a foreign terrorist organization; (ii) has propagated, disseminated, or incited anti-American, anti-Israel, or anti-Semitic rhetoric or propaganda; or (iii) has used any UNRWA resources, including publications or Internet websites, to propagate or disseminate political materials, including political rhetoric regarding the Israeli-Palestinian conflict; (B) no UNRWA school, hospital, clinic, other facility, or other infrastructure or resource is being used by a foreign terrorist organization for operations, planning, training, recruitment, fundraising, indoctrination, communications, sanctuary, storage of weapons or other materials, or any other purposes; (C) UNRWA is subject to comprehensive financial audits by an internationally recognized third party independent auditing firm and has implemented an effective system of vetting and oversight to prevent the use, receipt, or diversion of any UNRWA resources by any foreign terrorist organization or members thereof; (D) no UNRWA-funded school or educational institution uses textbooks or other educational materials that propagate or disseminate anti-American, anti-Israel, or anti-Semitic rhetoric, propaganda or incitement; (E) no recipient of UNRWA funds or loans is a member of a foreign terrorist organization; and (F) UNRWA holds no accounts or other affiliations with financial institutions that the United States deems or believes to be complicit in money laundering and terror financing. (3) Definitions In this section: (A) Appropriate congressional committees The term appropriate congressional committees (i) the Committees on Foreign Relations, Appropriations, and Homeland Security and Governmental Affairs of the Senate; and (ii) the Committees on Foreign Affairs, Appropriations, and Oversight and Government Reform of the House of Representatives. (B) Foreign terrorist organization The term foreign terrorist organization 8 U.S.C. 1189(a) (4) Limitation The United States may not contribute to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) or a successor entity an annual amount— (A) greater than the highest annual contribution to UNRWA made by a member country of the League of Arab States; (B) that, as a proportion of the total UNRWA budget, exceeds the proportion of the total budget for the United Nations High Commissioner for Refugees (UNHCR) paid by the United States; or (C) that exceeds 22 percent of the total budget of UNRWA. . 702. Sense of Congress It is the sense of Congress that— (1) the President and the Secretary should lead a high-level diplomatic effort to encourage other responsible nations to withhold contributions to UNRWA, to any successor or related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity (through staff positions provided by the United Nations Secretariat, or otherwise) until UNRWA has met the conditions listed in subparagraphs (A) through (F) of section 301(c)(2) of the Foreign Assistance Act of 1961 (as added by section 701); (2) citizens of recognized states should be removed from UNRWA’s jurisdiction; (3) UNRWA’s definition of a Palestine refugee (4) it should be the goal of the United States to eliminate UNRWA and give the Office of the United Nations High Commissioner for Refugees full responsibility for Palestinian refugees as defined under paragraph (3). VIII International Atomic Energy Agency 801. Technical Cooperation Program (a) In general No funds from any United States assessed or voluntary contribution to the IAEA may be used to support any assistance provided by the IAEA through its Technical Cooperation Program to any country, including North Korea, that— (1) is a country the government of which has been determined by the Secretary, for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or other provision of law, is a government that has repeatedly provided support for acts of international terrorism; (2) is in breach of or noncompliance with its obligations regarding— (A) its safeguards agreement with the IAEA; (B) the Additional Protocol; (C) the Nuclear Non-Proliferation Treaty; (D) any relevant United Nations Security Council Resolution; or (E) the Charter of the United Nations; or (3) is under investigation for a breach of or noncompliance with the obligations specified in paragraph (2). (b) Withholding of voluntary contributions Not later than 30 days after the date of the enactment of this Act, the Secretary shall withhold from the United States voluntary contribution to the IAEA an amount proportional to that spent by the IAEA in the period from 2007 to 2008 on assistance through its Technical Cooperation Program to countries described in subsection (a). (c) Withholding of assessed contributions If, not later than 30 days of the date of the enactment of this Act, the amount specified in subsection (c) has not been withheld and the IAEA has not suspended all assistance provided through its Technical Cooperation Program to the countries described in subsection (a), an amount equal to that specified in subsection (b) shall be withheld from the United States assessed contribution to the IAEA. (d) Waiver The provisions in subsections (b) and (c) may be waived if— (1) the IAEA has suspended all assistance provided through its Technical Cooperation Program to the countries described in subsection (a); or (2) the President certifies that the countries described in subsection (a) no longer pose a threat to the national security, interests, and allies of the United States. (e) United States actions at IAEA The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to block the allocation of funds for any assistance provided by the IAEA through its Technical Cooperation Program to any country described in subsection (a). (f) Report Not later than 180 days after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees a report on the implementation of this section. 802. United States policy at the IAEA (a) Enforcement and compliance (1) Office of compliance (A) Establishment The President shall direct the United States Permanent Representative to the International Atomic Energy Agency (IAEA) to use the voice, vote, and influence of the United States at the IAEA to establish an Office of Compliance in the Secretariat of the IAEA. (B) Operation The Office of Compliance shall— (i) function as an independent body composed of technical experts who shall work in consultation with IAEA inspectors to assess compliance by IAEA Member States with the Statute of the IAEA and the Treaty on the Non-Proliferation of Nuclear Weapons (21 UST 483) (commonly referred to as the Nuclear Nonproliferation Treaty NPT (ii) base its assessments and recommendations on IAEA inspection reports; and (iii) take into consideration information provided by IAEA Board Members that are 1 of the 5 nuclear weapons states recognized by the Nuclear Nonproliferation Treaty. (C) Staffing The Office of Compliance shall be staffed from existing personnel in the Department of Safeguards of the IAEA or the Department of Nuclear Safety and Security of the IAEA. (2) Committee on safeguards and verification The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to ensure that the Committee on Safeguards and Verification established in 2005 shall develop and seek to put into force a workplan of concrete measures that will— (A) improve the ability of the IAEA to monitor and enforce compliance by Member States of the IAEA with the Nuclear Nonproliferation Treaty and the Statute of the International Atomic Energy Agency; and (B) enhance the ability of the IAEA, beyond the verification mechanisms and authorities contained in the Additional Protocol to the Safeguards Agreements between the IAEA and Member States of the IAEA, to detect with a high degree of confidence undeclared nuclear activities by a Member State. (3) Penalties with respect to the IAEA (A) In general The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to ensure that a Member State of the IAEA that is under investigation for a breach of or noncompliance with its IAEA obligations or the purposes and principles of the Charter of the United Nations has its privileges suspended, including— (i) limiting its ability to vote on its case; (ii) being prevented from receiving any technical assistance; and (iii) being prevented from hosting meetings. (B) Termination of penalties The penalties specified under subparagraph (A) shall be terminated when such investigation is concluded and such Member State is no longer in such breach or noncompliance. (4) Penalties with respect to the nuclear nonproliferation treaty The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to ensure that a Member State of the IAEA that is found to be in breach of, in noncompliance with, or has withdrawn from the Nuclear Nonproliferation Treaty shall return to the IAEA all nuclear materials and technology received from the IAEA, any Member State of the IAEA, or any Member State of the Nuclear Nonproliferation Treaty. (b) United States contributions (1) Voluntary contributions Voluntary contributions of the United States to the IAEA should primarily be used to fund activities relating to nuclear safety and security or activities relating to nuclear verification. (2) Limitation on use of funds The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to— (A) ensure that funds for safeguards inspections are prioritized for countries that have newly established nuclear programs or are initiating nuclear programs; and (B) block the allocation of funds for any other IAEA development, environmental, or nuclear science assistance or activity to a country— (i) the government of which the Secretary has determined, for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or other provision of law, is a government that has repeatedly provided support for acts of international terrorism and which the Secretary has determined has not dismantled its weapons of mass destruction programs and surrendered all related materials under international verification; (ii) that is under investigation for a breach of or noncompliance with its IAEA obligations or the purposes and principles of the Charter of the United Nations; or (iii) that is in violation of its IAEA obligations or the purposes and principles of the Charter of the United Nations. (3) Detail of expenditures The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to secure, as part of the regular budget presentation of the IAEA to Member States of the IAEA, a detailed breakdown by country of expenditures of the IAEA for safeguards inspections and nuclear security activities. (c) Membership (1) In general The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to block the membership on the Board of Governors of the IAEA of a Member State of the IAEA that has not signed and ratified the Additional Protocol and— (A) is under investigation for a breach of or noncompliance with its IAEA obligations or the purposes and principles of the Charter of the United Nations; or (B) that is in violation of its IAEA obligations or the purposes and principles of the Charter of the United Nations. (2) Criteria The United States Permanent Representative to the IAEA shall make every effort to modify the criteria for Board membership to reflect the principles described in paragraph (1). (d) Small quantities protocol The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to make every effort to ensure that the IAEA changes the policy regarding the Small Quantities Protocol in order to— (1) rescind and eliminate the Small Quantities Protocol; (2) require that any IAEA Member State that has previously signed a Small Quantities Protocol to sign, ratify, and implement the Additional Protocol, provide immediate access for IAEA inspectors to its nuclear-related facilities, and agree to the strongest inspections regime of its nuclear efforts; and (3) require that any IAEA Member State that does not comply with paragraph (2) to be ineligible to receive nuclear material, technology, equipment, or assistance from any IAEA Member State and subject to the penalties described in subsection (a)(3). (e) Nuclear program of Iran (1) United states action The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to make every effort to ensure the adoption of a resolution by the IAEA Board of Governors that, in addition to the restrictions already imposed, makes Iran ineligible to receive any nuclear material, technology, equipment, or assistance from any IAEA Member State and ineligible for any IAEA assistance not related to safeguards inspections or nuclear security until the IAEA Board of Governors determines that Iran— (A) is providing full access to IAEA inspectors to its nuclear-related facilities; (B) has fully implemented and is in compliance with the Additional Protocol; and (C) has permanently ceased and dismantled all activities and programs related to nuclear-enrichment and reprocessing. (2) Penalties If an IAEA Member State is determined to have violated the prohibition on assistance to Iran described in paragraph (1) before the IAEA Board of Governors determines that Iran has satisfied the conditions described in subparagraphs (A) through (C) of such paragraph, such Member State shall be subject to the penalties described in subsection (a)(3), shall be ineligible to receive nuclear material, technology, equipment, or assistance from any IAEA Member State, and shall be ineligible to receive any IAEA assistance not related to safeguards inspections or nuclear security until such time as the IAEA Board of Governors makes such determination with respect to Iran. (f) Report Not later than 180 days after the date of the enactment of this Act, and annually for 2 years thereafter, the President shall submit to the appropriate congressional committees a report on the implementation of this section. 803. Sense of Congress regarding the Nuclear Security Action Plan of the IAEA It is the sense of Congress that the national security interests of the United States are enhanced by the Nuclear Security Action Plan of the IAEA and that the Board of Governors should recommend, and the General Conference should adopt, a resolution incorporating the Nuclear Security Action Plan into the regular budget of the IAEA. IX Peacekeeping 901. Policy relating to reform of United Nations peacekeeping operations It shall be the policy of the United States to pursue reform of United Nations peacekeeping operations in the following areas: (1) Planning and management (A) Global audit As the size, cost, and number of United Nations peacekeeping operations have increased substantially over the past decade, independent audits of each such operation should be conducted annually, with a view toward right-sizing (B) Procurement and transparency The logistics established within the United Nations Department of Field Support should be streamlined and strengthened to ensure that all peacekeeping missions are resourced appropriately, transparently, and in a timely fashion while individual accountability for waste, fraud, and abuse within United Nations peacekeeping missions is uniformly enforced. (C) Review of mandates and closing operations In conjunction with the audit described in subparagraph (A), the United Nations Department of Peacekeeping Operations should conduct a comprehensive review of all United Nations peacekeeping operation mandates, with a view toward identifying objectives that are practical and achievable, and report its findings to the Security Council. In particular, the review should consider the following: (i) Except in extraordinary cases, including genocide, the United Nations Department of Peacekeeping Operations should not be tasked with activities that are impractical or unachievable without the cooperation of the Member State(s) hosting a United Nations peacekeeping operation, or which amount to de-facto trusteeship outside of the procedures established for such under Chapter XII of the United Nations Charter, thereby creating unrealistic expectations and obfuscating the primary responsibility of the Member States themselves for creating and maintaining conditions for peace. (ii) Long-standing operations that are static and cannot fulfill their mandate should be downsized or closed. (iii) Where there is legitimate concern that the withdrawal from a country of an otherwise static United Nations peacekeeping operation would result in the resumption of major conflict, a burden-sharing arrangement that reduces the level of assessed contributions, similar to that currently supporting the United Nations Peacekeeping Force in Cyprus, should be explored and instituted. (D) Leadership As peacekeeping operations become larger and increasingly complex, the Secretariat should adopt a minimum standard of qualifications for senior leaders and managers, with particular emphasis on specific skills and experience, and current senior leaders and managers who do not meet those standards should be removed. (E) Pre-deployment training Pre-deployment training on interpretation of the mandate of the operation, specifically in the areas of use of force, civilian protection and field conditions, the Code of Conduct, HIV/AIDS, and human rights should be mandatory, and all personnel, regardless of category or rank, should be required to sign an oath that each has received and understands such training as a condition of participation in the operation. (F) Gratis military personnel The General Assembly should seek to strengthen the capacity the United Nations Department of Peacekeeping Operations and ease the extraordinary burden currently placed upon the limited number of headquarters staff by lifting restrictions on the utilization of gratis military personnel by the Department so that the Department may accept secondments from Member States of military personnel with expertise in mission planning, logistics, and other operational specialties. (2) Conduct and discipline (A) Adoption of a uniform code of conduct A single, uniform Code of Conduct that has the status of a binding rule and applies equally to all personnel serving in United Nations peacekeeping operations, regardless of category or rank, including military personnel, should be adopted and incorporated into legal documents governing participation in such an operation, including all contracts and Memorandums of Understanding, promulgated and effectively enforced. (B) Understanding the code of conduct All personnel, regardless of category or rank, should receive training on the Code of Conduct prior to deployment with a peacekeeping operation, in addition to periodic follow-on training. In particular— (i) all personnel, regardless of category or rank, should be provided with a personal copy of the Code of Conduct that has been translated into the national language of such personnel, regardless of whether such language is an official language of the United Nations; (ii) all personnel, regardless of category or rank, should sign an oath that each has received a copy of the Code of Conduct, that each pledges to abide by the Code of Conduct, and that each understands the consequences of violating the Code of Conduct, including immediate termination of participation in and permanent exclusion from all current and future peacekeeping operations, as well as the assumption of personal liability and victims compensation, where appropriate, as a condition of appointment to any such operation; and (iii) peacekeeping operations should continue and enhance educational outreach programs to reach local communities where peacekeeping personnel of such operations are based, including explaining prohibited acts on the part of United Nations peacekeeping personnel and identifying the individual to whom the local population may direct complaints or file allegations of exploitation, abuse, or other acts of misconduct. (C) Monitoring mechanisms Dedicated monitoring mechanisms, such as the Conduct and Discipline Teams already deployed to support most United Nations peacekeeping operations, should be present in each operation to monitor compliance with the Code of Conduct, and should report simultaneously to the Head of Mission, the United Nations Department of Field Support, the United Nations Department of Peacekeeping Operations, and the Associate Director of the Office of Internal Oversight Services for Peacekeeping Operations. (D) Investigations A permanent, professional, and independent investigative body should be established and introduced into United Nations peacekeeping operations. In particular: (i) The investigative body should include professionals with experience in investigating sex crimes and the illegal exploitation of resources, as appropriate, as well as experts who can provide guidance on standards of proof and evidentiary requirements necessary for any subsequent legal action. (ii) Provisions should be included in all Memorandums of Understanding, including a Model Memorandum of Understanding, that obligate Member States that contribute troops to a peacekeeping operation to designate a military prosecutor who will participate in any investigation into credible allegations of misconduct brought against an individual of such Member State, so that evidence is collected and preserved in a manner consistent with the military law of such Member State. (iii) The investigative body should be regionally based to ensure rapid deployment and should be equipped with modern forensics equipment for the purpose of positively identifying perpetrators and, where necessary, for determining paternity. (iv) The investigative body should report directly to the Associate Director of the Office of Internal Oversight Services for Peacekeeping Operations, while providing copies of any reports to the Department of Field Support, the Department of Peacekeeping Operations, the Head of Mission, and the Member State concerned. (E) Follow-up The Conduct and Discipline Unit in the headquarters of the United Nations Department of Field Support should be appropriately staffed, resourced, and tasked with— (i) promulgating measures to prevent misconduct; (ii) receiving reports by field personnel and coordinating the Department’s response to allegations of misconduct; (iii) gathering follow-up information on completed investigations, particularly by focusing on disciplinary actions against the individual concerned that have been taken by the United Nations or by the individual's Member State, and sharing such information with the Security Council, the Department of Peacekeeping Operations, the Head of Mission, and the community hosting the peacekeeping operation; and (iv) contributing pertinent data on conduct and discipline to the database required pursuant to subparagraph (H). (F) Financial liability and victims assistance Although peacekeeping operations should provide immediate medical assistance to victims of sexual abuse or exploitation, the responsibility for providing longer-term treatment, care, or restitution lies solely with the individual found guilty of the misconduct. In particular: (i) The United Nations should not assume responsibility for providing long-term treatment or compensation under the Sexual Exploitation and Abuse Victim Assistance Mechanism by utilizing assessed contributions to United Nations peacekeeping operations, thereby shielding individuals from personal liability and reinforcing an atmosphere of impunity. (ii) If an individual responsible for misconduct has been repatriated, reassigned, redeployed, or is otherwise unable to provide assistance, responsibility for providing assistance to a victim should be assigned to the Member State that contributed the contingent to which such individual belonged or to the manager concerned. (iii) In the case of misconduct by a member of a military contingent, appropriate funds shall be withheld from the troop contributing country concerned. (iv) In the case of misconduct by a civilian employee or contractor of the United Nations, appropriate wages shall be garnished from such individual or fines shall be imposed against such individual, consistent with existing United Nations Staff Rules, and retirement funds shall not be shielded from liability. (G) Managers and commanders The manner in which managers and commanders handle cases of misconduct by those serving under them should be included in their individual performance evaluations, so that managers and commanders who take decisive action to deter and address misconduct are rewarded, while those who create a permissive environment or impede investigations are penalized or relieved of duty, as appropriate. (H) Database A centralized database, including personnel photos, fingerprints, and biometric data, should be created and maintained within the United Nations Department of Peacekeeping Operations, the Department of Field Support, and other relevant United Nations bodies without further delay to track cases of misconduct, including the outcome of investigations and subsequent prosecutions, to ensure that personnel who have engaged in misconduct or other criminal activities, regardless of category or rank, are permanently barred from participation in future peacekeeping operations. (I) Cooperation of member states If a Member State routinely refuses to cooperate with the directives contained herein or acts to shield its nationals from personal liability, that Member State should be barred from contributing troops or personnel to future peacekeeping operations. (J) Welfare Peacekeeping operations should continue to seek to maintain a minimum standard of welfare for mission personnel to ameliorate conditions of service, while adjustments are made to the discretionary welfare payments currently provided to Member States that contribute troops to offset the cost of operation-provided recreational facilities, as necessary and appropriate. 902. Certification (a) New or expanded peacekeeping operations contingent upon presidential certification of peacekeeping operations reforms (1) No new or expanded peacekeeping operations (A) Certification Except as provided in subparagraph (B), until the Secretary certifies that the requirements described in paragraph (2) have been satisfied, the President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to oppose the creation of new, or the expansion of existing, United Nations peacekeeping operations. (B) Exception and notification The requirements described under paragraph (2) may be waived with respect to a particular peacekeeping operation if the President determines that failure to deploy new or additional peacekeepers in such situation will significantly contribute to the widespread loss of human life, genocide, or the endangerment of a vital national security interest of the United States. If the President makes such a determination, the President shall, not later than 15 days before the exercise of such waiver, notify the appropriate congressional committees of such determination and resulting waiver. (2) Certification of peacekeeping operations reforms The certification referred to in paragraph (1) is a certification made by the Secretary to the appropriate congressional committees that the following reforms, or an equivalent set of reforms, related to peacekeeping operations have been adopted by the United Nations Department of Peacekeeping Operations or the General Assembly, as appropriate: (A) A single, uniform Code of Conduct that has the status of a binding rule and applies equally to all personnel serving in United Nations peacekeeping operations, regardless of category or rank, has been adopted by the General Assembly and duly incorporated into all contracts and a Model Memorandum of Understanding, and mechanisms have been established for training such personnel concerning the requirements of the Code and enforcement of the Code. (B) All personnel, regardless of category or rank, serving in a peacekeeping operation have been trained concerning the requirements of the Code of Conduct and each has been given a personal copy of the Code, translated into the national language of such personnel. (C) All personnel, regardless of category or rank, are required to sign an oath that each has received a copy of the Code of Conduct, that each pledges to abide by the Code, and that each understands the consequences of violating the Code, including immediate termination of participation in and permanent exclusion from all current and future peacekeeping operations, as well as the assumption of personal liability for victims compensation as a condition of the appointment to such operation. (D) All peacekeeping operations have designed and implemented educational outreach programs to reach local communities where peacekeeping personnel of such operations are based to explain prohibited acts on the part of United Nations peacekeeping personnel and to identify the individual to whom the local population may direct complaints or file allegations of exploitation, abuse, or other acts of misconduct. (E) The creation of a centralized database, including personnel photos, fingerprints, and biometric data, has been completed and is being maintained in the United Nations Department of Peacekeeping Operations that tracks cases of misconduct, including the outcomes of investigations and subsequent prosecutions, to ensure that personnel, regardless of category or rank, who have engaged in misconduct or other criminal activities are permanently barred from participation in future peacekeeping operations. (F) A Model Memorandum of Understanding between the United Nations and each Member State that contributes troops to a peacekeeping operation has been adopted by the United Nations Department of Peacekeeping Operations that specifically obligates each such Member State to— (i) uphold the uniform Code of Conduct which shall apply equally to all personnel serving in United Nations peacekeeping operations, regardless of category or rank; (ii) designate a competent legal authority, preferably a prosecutor with expertise in the area of sexual exploitation and abuse where appropriate, to participate in any investigation into an allegation of misconduct brought against an individual of such Member State; (iii) refer to its competent national or military authority for possible prosecution, if warranted, any investigation of a violation of the Code of Conduct or other criminal activity by an individual of such Member State; (iv) report to the Department of Field Support and the Department of Peacekeeping Operations on the outcome of any such investigation; (v) undertake to conduct on-site court martial proceedings, where practical and appropriate, relating to allegations of misconduct alleged against an individual of such Member State; and (vi) assume responsibility for the provision of appropriate assistance to a victim of misconduct committed by an individual of such Member State. (G) A professional and independent investigative and audit function has been established within the United Nations Department of Peacekeeping Operations and the Office of Internal Oversight Services to monitor United Nations peacekeeping operations. X Reporting requirements 1001. Report on United Nations reform Section 4 of the United Nations Participation Act of 1945 ( 22 U.S.C. 287b(c)(3) (1) by redesignating subparagraph (C) as subparagraph (R); and (2) by inserting after subparagraph (B) the following new subparagraphs: (C) A description of progress toward the goal of shifting funding for the regular budget of the United Nations to voluntary funding as described in section 101 of the United Nations Transparency, Accountability, and Reform Act of 2013 (D) A description of progress toward each of the policy goals identified in title I of the United Nations Transparency, Accountability, and Reform Act of 2013, and a detailed, goal-specific description of efforts and activities by United States diplomats and officials toward those ends. (E) A description of the status of the implementation of management reforms within the United Nations and its specialized entities. (F) An accounting of the number of outputs, reports, or other mandates generated by General Assembly and Security Council resolutions, a description of the status of the review by the General Assembly of all mandates older than 5 years and how resources have been redirected to new challenges, and the number of mandates that have been eliminated since the date of the enactment of the United Nations Transparency, Accountability, and Reform Act of 2013. (G) A description of the progress of the General Assembly to modernize and streamline the committee structure and its specific recommendations on oversight and committee outputs, consistent with the March 2005 report of the Secretary-General entitled In Larger Freedom: Towards Development, Security and Human Rights for All (H) An assessment of the continued utility and relevance of the Economic and Financial Committee and the Social, Humanitarian, and Cultural Committee, in light of the duplicative agendas of those committees and the Economic and Social Council. (I) An examination of whether the United Nations or any of its specialized agencies has contracted with any party included on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs. (J) A description of progress made by the General Assembly in modernizing human resource practices, consistent with the report described in subparagraph (G). (K) A comprehensive evaluation of human resources reforms at the United Nations, including an evaluation of— (i) tenure; (ii) performance reviews; (iii) the promotion system; (iv) a merit-based hiring system and enhanced regulations concerning termination of employment; and (v) the adoption and implementation of a United Nations systemwide code of conduct and ethics training. (L) A description of the implementation at the United Nations of a system of procedures for filing complaints and protective measures for workplace harassment, including sexual harassment. (M) Policy recommendations relating to the establishment at the United Nations of a rotation requirement for nonadministrative positions. (N) Policy recommendations relating to the establishment of limitations on the transfer of personnel and officials assigned to the mission of a member state to the United Nations to positions within the United Nations Secretariat that are compensated at the P–5 level and above. (O) Policy recommendations relating to a reduction in travel allowances for United Nations personnel and attendant oversight with respect to accommodations and airline flights. (P) An evaluation of the recommendations of the Secretary-General relating to greater flexibility for the Secretary-General in staffing decisions to accommodate changing priorities. . 1002. Report on United States contributions to the United Nations (a) In general Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Director of the Office of Management and Budget shall submit to Congress a report on all assessed and voluntary contributions, including in-kind, of the United States Government to the United Nations and its affiliated agencies and related bodies during the previous fiscal year. (b) Content The report required under subsection (a) shall include the following elements: (1) The total amount of all assessed and voluntary contributions, including in-kind, of the United States Government to the United Nations and United Nations affiliated agencies and related bodies. (2) The approximate percentage of United States Government contributions to each United Nations affiliated agency or body in such fiscal year when compared with all contributions to such agency or body from any source in such fiscal year. (3) For each such contribution— (A) the amount of the contribution; (B) a description of the contribution (including whether assessed or voluntary); (C) the department or agency of the United States Government responsible for the contribution; (D) the purpose of the contribution; and (E) the United Nations or United Nations affiliated agency or related body receiving the contribution. (c) Public availability of information Not later than 14 days after submitting a report required under subsection (a), the Director of the Office of Management and Budget shall post a public version of the report on a text-based, searchable, and publicly available Internet website. 1003. Report to Congress on voting practices in the United Nations Section 406(b) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 ( 22 U.S.C. 2414a(b) (1) in paragraph (5), by striking ; and (2) in paragraph (6), by striking the period at the end and inserting ; and (3) by adding at the end the following new paragraph: (7) a table detailing the amount of direct United States foreign assistance provided to each member country alongside a voting comparison as described in paragraph (5). .

United Nations Transparency, Accountability, and Reform Act of 2013

Requires the President's budget submission to Congress to: (1) list each program, and its proposed funding level, that will be a one-time expense for the fiscal year for which the budget is submitted; and, in addition to the performance standards required, (2) a proposal, by budget function and agency, for reductions in spending for each of the four ensuing fiscal years. Requires the President, for each budget item being conducted in the current fiscal year, to provide: (1) the amount appropriated or otherwise made available for the item in that year, and (2) the amount of any proposed adjustment in the funding level for the item and its justification. Requires the President, if he proposes an adjustment resulting in a funding increase for a budget item, to include with the proposal the amount of the adjustment that is a result of inflation and the amount that is a result of an increase in employees' salaries or benefits. Requires the President to provide for each major program in a budget function specified in the required estimated budget outlays and proposed budget authority: (1) the amount appropriated or otherwise made available for it in the current fiscal year; and (2) a separate amount (if any) of its expected increase in the following fiscal year owing to inflation, pay increases, or benefit increases.

To amend title 31, United States Code, to provide that the President’s annual budget submission to Congress list the current fiscal year spending level for each proposed program and a separate amount for any proposed spending increases, and for other purposes. 1. Current service level budgeting amendments (a) President’s budget submission Section 1105 of title 31, United States Code, is amended as follows: (1) In subsection (a)— (A) by striking (37) the list (39) the list (B) by adding at the end the following: (40) a list of each program, and the proposed funding level for such program, that will be a one-time expense for the fiscal year for which the budget is submitted. (41) in addition to the performance standards requirements of paragraph (28), a proposal, by budget function and agency, for spending reductions in spending for each of the 4 fiscal years after the fiscal year for which the budget is submitted. . (2) By adding at the end the following: (i) (1) Notwithstanding any other provision of this chapter, with respect to each item in the budget submitted under this section that is being conducted in the current fiscal year, the President shall provide the following: (A) The amount appropriated or otherwise made available for such item in such year. (B) The amount (if any) of a proposed adjustment in the funding level for such item and the justification for such change. (2) If the President proposes an adjustment under paragraph (1)(B) that will result in an increase in funding with respect to an item in the budget, the President shall include with such proposal the following: (A) The amount of such adjustment which is a result of inflation. (B) The amount of such adjustment that is a result of an increase in salaries or benefits for employees. . (b) Current programs and activities estimates Section 1109 (1) In subsection (a)— (A) in the first sentence, by striking were carried change in policy received the same amount of budget authority as provided in the current fiscal year (B) in the third sentence, by striking The President Consistent with the requirements of subsection (c), the President (2) By adding at the end the following: (c) With respect to each program listed under subsection (a), the President shall provide— (1) the amount appropriated or otherwise made available for such program in the current fiscal year; and (2) a separate amount (if any) of the expected increase in the following fiscal year for such program due to inflation, pay increases, or benefit increases. .

A bill to amend title 31, United States Code, to provide that the President's annual budget submission to Congress list the current fiscal year spending level for each proposed program and a separate amount for any proposed spending increases, and for other purposes.

Keep the IRS Off Your Health Care Act of 2013 - Prohibits the Secretary of the Treasury, or any delegate of the Secretary, from implementing or enforcing any provisions of or amendments made by the Patient Protection and Affordable Care Act or the Health Care and Education Reconciliation Act of 2010.

To prohibit the Secretary of the Treasury from enforcing the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010. 1. Short title This Act may be cited as the Keep the IRS Off Your Health Care Act of 2013 2. Findings Congress finds the following: (1) On May 10, 2013, the Internal Revenue Service admitted that it singled out advocacy groups, based on ideology, seeking tax-exempt status. (2) This action raises pertinent questions about the agency’s ability to implement and oversee the Patient Protection and Affordable Care Act ( Public Law 111–148 Public Law 111–152 (3) This action could be an indication of future Internal Revenue Service abuses in relation to the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010, given that it is their responsibility to enforce a key provision, the individual mandate. (4) Americans accept the principle that patients, families, and doctors should be making medical decisions, not the Federal Government. 3. Prohibiting enforcement of PPACA and HCERA The Secretary of the Treasury, or any delegate of the Secretary, shall not implement or enforce any provisions of or amendments made by the Patient Protection and Affordable Care Act (Public Law 111–148) or the Health Care and Education Reconciliation Act of 2010 (Public Law 111–152). July 18, 2013 Read the second time and placed on the calendar

Keep the IRS Off Your Health Care Act of 2013

Protecting Seniors' Access to Medicare Act of 2013 - Repeals sections of the Patient Protection and Affordable Care (PPACA) (and restores provisions of law amended by such sections) related to the establishment of an Independent Payment Advisory Board to develop and submit detailed proposals to reduce the per capita rate of growth in Medicare spending to the President for Congress to consider.

To repeal the provisions of the Patient Protection and Affordable Care Act providing for the Independent Payment Advisory Board. 1. Short title This Act may be cited as the Protecting Seniors’ Access to Medicare Act of 2013 2. Repeal of the Independent Payment Advisory Board Effective as of the enactment of the Patient Protection and Affordable Care Act ( Public Law 111–148 July 18, 2013 Read the second time and placed on the calendar

Protecting Seniors' Access to Medicare Act of 2013

National Aeronautics and Space Administration Authorization Act of 2013 - Title I : Authorization of Appropriations - (Sec. 101) Authorizes appropriations for FY2014-FY2016 to the National Aeronautics and Space Administration (NASA) for: (1) exploration, (2) space operations, (3) science, (4) aeronautics, (5) space technology, (6) education, (7) cross-agency support programs, (8) construction and environmental compliance and restoration, and (9) the Inspector General. Title II: Human Space Flight Exploration and Operations - Subtitle A: Exploration - (Sec. 201) Reaffirms that the long-term goal of the human space flight and exploration efforts of NASA shall be to expand permanent human presence beyond low-Earth orbit and to do so, where practical, in a manner involving international partners. Amends the National Aeronautics and Space Administration Authorization Act of 2010 to make it a key objective of the United States to achieve human exploration of Mars, including the establishment of a capability for human habitation on the surface of Mars. Directs NASA to submit to Congress a strategy to achieve such objective through a series of successive, free-standing, but complementary missions making robust use of cis-lunar space and employing the Space Launch System, Orion (multi-purpose vehicle), and other capabilities under titles III, IV, V, and IX of such Act. Requires NASA, in developing the strategy, to include the utility of an expanded human presence in cis-lunar space toward enabling missions to various lunar orbits, the lunar surface, asteroids, the Mars system, and other destinations of interest for future human exploration and development; the utility of an expanded human presence in cis-lunar space for economic, scientific, and technological advances; the opportunities for collaboration with international partners, private industry, and other federal agencies, including missions relevant to national security or scientific needs; a range of exploration mission architectures and approaches for the missions identified in this paragraph; and standards for ensuring crew health and safety, including limits regarding radiation exposure and countermeasures necessary to meet those limits, means and methods for addressing urgent medical conditions or injuries, and other such safety, health, and medical issues that can be anticipated in the conduct of those missions. Requires the Administrator of NASA, in identifying opportunities for collaboration with other federal agencies, in collaboration with the Secretary of Defense (DOD) and the Director of National Intelligence, to include a discussion of the work, cost, and schedule required to enable and utilize a cargo variant of the Space Launch System, including the 70-, 105-, and 130-metric ton configurations, with both a 5-meter or 8-meter faring. Requires the strategy to include: (1) technical information as needed to identify interest from the scientific and national security communities, and (2) an assessment of the Space Launch System to enable and sustain near-Earth object surveillance of potentially Earth-threatening objects for the purpose of planetary protection. (Sec. 202) Declares that it is U.S. policy that the exploration ground systems to process and launch the Space Launch System, Orion, and related exploration elements, and the 21st Century Space Launch Complex to enable and facilitate civil, defense, and private launches are complimentary efforts to modernize infrastructure, reduce costs, and maintain capabilities for current and future missions. Specifies that NASA, in executing such programs: (1) may not exclude the ability of exploration ground systems to support efforts with respect to the elements to be included in the NASA launch support and infrastructure modernization program; (2) shall allow for cost-sharing opportunities by providing multi-use systems and capabilities to current and future users of the 21st Century Space Launch Complex through modernization, refurbishment, or development of infrastructure; and (3) shall pursue, in collaboration with specified entities, capabilities and investments that support multiple entities to advance NASA's current and future missions and benefit NASA by creating new partnerships. Instructs NASA to continue to improve launch infrastructure at U.S. facilities launching vehicles to resupply the International Space Station (ISS) in order to ensure continuous, timely, redundant, and efficient access to the ISS. Requires the budget materials for NASA in each budget submitted by the President for a fiscal year to specify the amount required for NASA for that fiscal year for such purposes. (Sec. 203) Directs NASA to submit to Congress a plan to engage the public, including science students in elementary and secondary education programs, throughout the United States in naming: (1) NASA's overall deep space human exploration program, and (2) the Space Launch System. (Sec. 204) Requires NASA to submit a report that updates Congress on the Constellation Space Suit System. Requires such report to include justification as to whether another competition to award contracts for the design, development, certification, production, and sustaining engineering of such space suit system is required to meet the needs of NASA's human exploration program. Subtitle B: Maximizing ISS Utilization - (Sec. 221) Reaffirms the policy that it shall be the policy of the United States, in consultation with its international partners in the ISS program, to support full and complete utilization of the ISS through at least 2020. Instructs NASA to ensure that the ISS as a designated national laboratory: (1) remains viable as an element of overall exploration and partnership strategies and approaches; (2) is considered for use by all NASA mission directorates, as appropriate, for technically appropriate scientific data gathering or technology risk reduction demonstrations; and (3) remains an effective, functional vehicle that provides research and test bed capabilities for the United States through 2020, up to 2028, and possibly beyond. Directs NASA, to determine through analyses and discussions with ISS partners, the feasible and preferred service life of the ISS as a unique scientific, commercial, and exploration-related facility. Requires NASA to submit a report and subsequent reports triennially thereafter, to Congress that include: (1) an assessment of whether ISS operations can be extended to at least 2028; (2) an evaluation of the potential for expanding the use of ISS facilities to accommodate the needs of researchers and other users; and (3) such other information as may be necessary to fully describe the justification for, and feasibility of, extending the service life of the ISS. (Sec. 222) Amends the National Aeronautics and Space Administration Authorization Act of 2010 to instruct the Administrator to ensure that the liaison function with regard to the management of the ISS national laboratory is implemented in a manner that precludes any conflict of interest between the objectives and activities of the organization with which the Administrator has entered into a cooperative agreement for the management of the laboratory (the ISS management entity) and the NASA organizational entity responsible for the management of the NASA research plan onboard the ISS. Considers such entities to be separate and equal partners. Requires NASA to report to Congress on: (1) options for expanding NASA's collaboration with its ISS partners, including providing U.S. personnel expanded access to international partner research facilities and coordinating research efforts to minimize the duplication of effort; (2) the potential for increasing ISS crew size to maximize use and applications; and (3) efforts undertaken by NASA and the ISS management entity to enhance collaborative research between NASA and other federal science agencies, such as the National Institutes of Health (NIH) and the National Science Foundation (NSF), and to expand the use of ISS national laboratory capabilities by federal science agencies. (Sec. 223) Allows NASA to waive the license reserved by NASA with respect to any invention made by a person in the performance of any non-NASA scientific utilization of the ISS national laboratory, if reservation of the license would substantially inhibit the commercialization of the invention (Sec. 224) Expresses the sense of Congress that NASA: (1) should continue the development of safe, reliable, and cost effective commercial launch capabilities for the primary purpose of securing domestic access to the ISS as quickly and safely as possible; and (2) should encourage a viable commercial market for those capabilities. Declares that it is U.S. policy that, to foster the competitive development, operation, and improvement of private space transportation services, service for federal government access to and return from the ISS, whenever feasible, shall be procured via fair and open competition for well-defined, milestone-based, Federal Acquisition Regulation-based contracts under section 201 of the National Aeronautics and Space Administration Authorization Act of 2010. Requires NASA, in evaluating commercial space transportation service providers: (1) to aim to minimize the life-cycle costs of obtaining transportation services; (2) to assure compliance with all safety and mission assurance requirements; (3) to consider contractor financial investment into the development of transportation capabilities; and (4) for commercial crew transport services, to consider flexibility in design, including sample return capabilities, and to provide a written notification and justification to Congress if the price per seat exceeds the cost negotiated by NASA for crew transport in April 2013. Requires NASA, in implementing the the U.S. policy stated in this section, to submit to Congress a strategy for transitioning from Space Act Agreements to Federal Acquisition Regulation-based contracts for the procurement of crew transportation services to and from the ISS. Subtitle C: Other Matters - (Sec. 232) Extends through December 31, 2016, the application deadline for licenses with respect to which the Secretary of Transportation (DOT) is required to pay third-party claims in excess of a commercial space launcher's required insurance coverage. Allows any contract between NASA and a provider to provide that the United States will indemnify a provider against claims (including reasonable expenses of litigation or settlement) by third parties for death, bodily injury, or loss or damage to property resulting from activities that the contract defines as unusually hazardous or nuclear in nature, but only to the extent that: (1) such claims are not compensated by the provider's liability insurance; and (2) they arise out of the direct performance of the contract. Require such a contract that provides indemnification to also provide for: (1) notice to the United States of any claim or suit against the provider for death, bodily injury, or loss of or damage to property; and (2) control of or assistance in the defense by the United States, at its election, of that suit or claim. Requires each provider that is a party to a contract made under this section to have and maintain liability insurance in such amounts as NASA shall require to cover liability to third parties and loss of or damage to property. Bars the Administrator from indemnifying a provider unless there is a cross-waiver between NASA and the provider as described in the following. Allows the Administrator, on behalf of the United States, and its departments, agencies, and instrumentalities, to reciprocally waive claims with a provider under which each party to the waiver agrees to be responsible, and agrees to ensure that its own related entities are responsible, for damage or loss to its property for which it is responsible, or for losses resulting from any injury or death sustained by its own employees or agents, as a result of activities arising out of the performance of the contract. Prohibits any payment from being made under this section until the Administrator or the Administrator's designee certifies that the amount is just and reasonable. Allows, upon approval by the Administrator, payments to be made, at the Administrator's election, from: (1) funds obligated for the performance of the contract concerned; (2) funds available for research and development not otherwise obligated; or (3) funds appropriated for such payments. Prohibits NASA from providing indemnification under this section for an activity that requires a license or permit under title 51 U.S. Code Chapter 509 (relating to commercial space launch activities). (Sec. 233) Requires NASA to deliver to Congress a review of its current termination liability practices and the benefits of potential alternatives. Requires such report to include: (1) an accounting of the total budget currently held in reserve, by either NASA or a contractor, to cover termination liability for the Space Launch System and Orion programs; and (2) an accounting of the current cost risk of termination liability for such programs. Requires: (1) NASA to submit such report for review by Congress and the Government Accountability Office (GAO), and (2) GAO to deliver to Congress an assessment of the potential for continued improvement by NASA relative to the previous GAO review of NASA termination liability conducted in 2011. Title III: Science - Subtitle A: Earth Science - (Sec. 301) Expresses the sense of Congress that, given the importance of Earth science and Earth observation data, NASA Earth science efforts: (1) should be conducted in coordination with other federal agencies and should be cognizant of international efforts and the needs of the scientific and businesses communities; and (2) whenever feasible, NASA and other federal agencies should consider the potential for reducing costs by purchasing commercially available Earth science data and services while maintaining free and open data policies. Instructs the Office of Science and Technology Policy (OSTP), in implementing its National Strategy for Earth Observation and in developing a National Plan for Civil Earth Observations, to prioritize federal Earth science and observation investments based on: (1) its assessment of Earth science and observation data requirements; (2) the capability requirements as identified by the National Academies decadal surveys; (3) the projected costs of Earth science missions and data gathering activities; and (4) the projected and available budgets. Instructs NASA, in prioritizing future Earth science and Earth observation missions and technology development, under the National Plan for Civil Earth Observations and title 51 U.S. Code chapter 201 (provisions relating to the National Aeronautics and Space Program), to consider potential cost-reduction opportunities, including: (1) if feasible, co-locating Earth science sensors on other satellites; and (2) purchasing commercially available services, such as launch access to orbital and sub-orbital space, and Earth science data with free and open data policies. Requires NASA to continue to develop and integrate the National Institute of Standards and Technology Advanced Radiometer, the Earth Polychromatic Imaging Camera, and related hardware and software onto the Deep Space Climate Observatory. (Sec. 302) Reaffirms the finding in the Land Remote Sensing Policy Act of 1992, namely, that the continuous collection and utilization of land remote sensing data from space are of major benefit in studying and understanding human impacts on the global environment, in managing the Earth's natural resources, in carrying out national security functions, and in planning and conducting many other activities of scientific, economic, and social importance. Directs NASA to use existing studies and data to initiate system definition and procurement of the next global land-imaging system consistent with continuing Earth remote sensing data collection over multi-decades. Instructs the Administrator to seek partnerships with institutions of higher education and other federal agencies to support education of the next generation of remote sensing engineers, scientists, and analysts. Subtitle B: Space Science - (Sec. 321) Instructs the Administrator to ensure that the Science Mission Directorate and the Human Exploration and Operations Mission Directorate coordinate in researching and reducing the risks that space exploration beyond low-Earth orbit pose to astronaut health. Requires NASA to provide a report to Congress detailing the results of previous research in this area and in identifying opportunities for future science missions to contribute to the understanding of these risks. (Sec. 322) Amends the National Aeronautics and Space Administration Authorization Act of 2010 to reaffirm that a balanced and adequately funded set of activities, consisting of research and analysis grants programs, technology development, small, medium, and large space missions, and suborbital research activities, contributes to a robust and productive science program and serves as a catalysis for innovation (currently) and discovery. Urges NASA to set science priorities by following the guidance provided by the scientific community through the National Academies' decadal surveys. (Sec. 323) Requires NASA, in carrying out biennial reviews within each of the Science divisions to assess the cost and benefits of extending the date of the termination of data collection for those missions that have exceeded their planned mission lifetime. the Instructs the Administrator, in conducting such assessments, to consider: (1) the potential continued benefit of instruments on such missions; and (2) the cost and schedule impacts, if any, of mission extension on other NASA activities and science missions. Requires NASA, when deciding to extend science missions with an operational component, to consult with the National Oceanic and Atmospheric Administration (NOAA) and any other affected federal agency (and under current law, the potential benefits of instruments on missions that are beyond their planned mission lifetime taken into account). (Sec. 324) Instructs NASA, in accordance with the priorities established in the most recent decadal survey for planetary science, to ensure the completion of a balanced set of Discovery, New Frontiers, and flagship missions. Authorizes NASA, consistent with this balanced mix of missions and maintaining the continuity of scientific data and steady development of capabilities and technologies, to seek, if necessary, adjustments to mission priorities, schedule, and scope in light of changing budget projections. Directs NASA, to support its science mission priorities, to invest in a sustained program to develop or mature scientific instrument capabilities, as delineated in the NASA Science Instruments, Observatories, and Sensor Systems Roadmap. (Sec. 325) Requires the OSTP, in coordination with NASA, the NOAA, and other relevant federal agencies, to deliver to Congress a roadmap for developing and deploying space weather forecasting technologies. Requires such roadmap, at a minimum, to: (1) aim to relieve capability gaps identified by the National Space Weather Program Council review of space weather observing systems, as requested by the National Aeronautics and Space Administration Authorization Act of 2010; and (2) consider ongoing and future requirements for space weather modeling, monitoring, and prediction. Instructs NASA to update and further develop its technology roadmaps as required to address mitigating a wide range of space weather effects on both satellites and spacecraft. Directs OSTP to coordinate with relevant federal agencies to propose protocols for communicating and responding to space weather forecasts. Requires such assessment to consider the needs of both government and private sector entities. Requires OSTP to report to Congress on the proposed protocols. (Sec. 326) Expresses the sense of Congress regarding the James Webb Space Telescope. (Sec. 327) Directs the Administrator, in collaboration with the Director of the NSF, to arrange with the National Academy of Sciences for a review of suborbital and small orbital science missions, including CubeSat, University Explorer (UNEX), Small Explorer (SMEX), and Venture class missions. Requires NASA and the NSF to report to Congress on such review. Title IV: Aeronautics - (Sec. 401) Directs NASA to carry out an Advanced Composites Project to accelerate the use of advanced composite materials in aircraft. Requires the Administrator to enter into a public-private partnership between NASA and appropriate private sector entities, to be called the Advanced Composite Consortium, to implement the Project. Specifies that the partnership to implement the project: (1) may include other federal agencies if the Administrator determines that such agencies' participation will further the purpose of the partnership, and (2) shall coordinate with the Joint Advanced Materials and Structures Center of Excellence of the Federal Aviation Administration (FAA). States that the purpose of the Project shall be to accelerate the development and certification of advanced composite materials and structures for use in commercial and military aircraft. Requires such partnership to foster collaboration with the private sector and with other federal agencies in order to accomplish the Project's purpose. Title V: Space Technology - (Sec. 501) Requires NASA, to advance NASA's space exploration and space research goals, to continue a program with responsibility for NASA investments in space technologies and capabilities. Instructs the Administrator to synergize all NASA space technology investments, encourage collaboration in space technology development with academia and industry, and minimize duplication of space technology development efforts across NASA and the private sector unless duplication is required to maintain mission safety, security, or backup capability. Requires NASA to submit to Congress a progress report on the development, testing, and demonstration of the 14 technological areas of the Space Technology Roadmaps. Directs NASA, in order to do necessary research, to continue and, as appropriate, expand the development of technology payloads that investigate improved capabilities and scientific research. Requires NASA to provide flight opportunities for such payloads to microgravity environments and suborbital altitudes as authorized by the National Aeronautics and Space Administration Authorization Act of 2010. Prohibits NASA from being required to compile or submit annual reports on the Innovative Partnerships Program. Title VI: Education - (Sec. 601) Directs NASA to: (1) continue to execute its educational and outreach programs, including providing a wide range of academic research opportunities and engaging the public interest in science, technology, engineering, and mathematics (STEM); (2) continue to collaborate with minority institutions to increase student participation in STEM; and (3) seek partnerships with industry, academia, and with other communities to best respond to the nation's aerospace-related educational and workforce needs. Directs NASA, to enhance the U.S. STEM education and workforce, to continue to operate the National Space Grant College and Fellowship program through a national network consisting of a state-based consortium in each state. Requires such program to provide hands-on research, training, and education programs, use measurable outcomes to gauge success, and allow states flexibility in its execution. Title VII: Other Matters - (Sec. 702) Directs NASA to prepare an updated plan for NASA's near-Earth, space, and deep space communications network and infrastructure. Requires such plan to: (1) identify steps to sustain the existing network and infrastructure; (2) assess the capabilities, including any upgrades, needed to support NASA's programs; (3) identify priorities for how resources should be used to implement the plan; and (4) assess the impact on missions if resources are not secured at the level needed. Requires such plan to be transmitted to Congress. (Sec. 703) Authorizes NASA, as the Administrator considers necessary, to provide for the medical monitoring, diagnosis, and treatment of a crewmember for conditions that NASA considers associated with human space flight, including scientific and medical tests for psychological and medical conditions. Defines "crewmember" as: (1) a former NASA astronaut/payload specialist who has flown on at least one space mission; (2) a management NASA astronaut who has flown at least one space mission and is currently employed by the U.S. government; or (3) an active NASA astronaut/payload specialist assigned, waiting assignment, or training for an assignment to a NASA human space flight. (Sec. 704) Requires NASA to submit to Congress an agency-wide plan to recover and recycle helium, whenever possible, that NASA uses or will use in current, planned, and future, experimentation, tests, launches, and operations. Instructs NASA to consider how modifications, updates, or new lifecycle designs for engines, balloons, airships, or other future programs can be designed or operated to recover and recycle helium. (Sec. 705) Directs NASA to: (1) ensure the Agency Chief Information Officer has the resources and visibility to oversee agency-wide information technology operations and investments, (2) establish a direct line of report between such Officer and the Administrator, (3) establish a minimum monetary threshold for all agency information technology investments over which such Officer shall have final approval, and (4) consider revisions to the charters of information technology boards and councils that inform information technology investment and operation decisions. (Sec. 706) Requires NASA, when there is a reasonable cause to believe that the development cost for a major program is likely to exceed the estimate provided in the Baseline Report of the program by 15% or more or a milestone of the program is likely to be delayed by 6 months or more from the date provided for it in the Report, to transmit to Congress the written notification of such cause (currently) and a timeline by which NASA intends to make the determination, report, and analysis concerning such cost or delay. Requires the determination, report, and analysis to be made in accordance with such timeline instead of in accordance with their respective deadlines under current law. Prohibits NASA from expending funds on a program 18 months after submission of an annual budget request showing that the program's development costs exceed 30% of the estimate provided unless Congress specifically authorizes or appropriates funds for the program. Excludes termination costs. Requires if the development cost of a program will exceed the estimate provided for the program by more than 30%, then beginning 18 months after NASA transmits the report (currently) or an annual budget request that reflects this growth, NASA shall not expend any additional funds on the program, other than termination costs, unless Congress has subsequently authorized continuation of the program by law. (Sec. 707) Requires NASA to submit to Congress a plan for retaining, acquiring, or disposing, of the facilities, laboratories, equipment, test capabilities, and other infrastructure necessary to meet NASA's mandates and its current and future missions. Directs NASA to establish a capital fund at each of NASA's field centers for the modernization of facilities, laboratories, equipment, and other infrastructure in accordance with the plan. Instructs the Administrator to ensure that any financial savings achieved by closing an outdated or surplus facility at a NASA field center is made available to such field center's capital fund to modernize its facilities, laboratories, equipment, and other infrastructure. (Sec. 708) Authorizes the Administrator to: (1) enter into an agreement with a covered entity to provide such entity with support and services related to space transportation infrastructure of NASA; and (2) at such entity's request, to include such support and services in the launch and reentry range support requirements of NASA if certain conditions are met. Authorizes the Administrator to enter into an agreement with a covered entity on a cooperative and voluntary basis to accept contributions of funds, services, and equipment to carry out this section. Allows any accepted funds, services, or equipment to: (1) be used only for the objectives specified in this section in accordance with the terms of use set forth in the agreement; and (2) requires them to be managed by the Administrator in accordance with NASA regulations. Requires such an agreement to: (1) address the terms of use, ownership, and disposition of the funds, services, or equipment contributed pursuant to the agreement; and (2) include a provision that the covered entity will not recover the costs of its contribution through any other agreement with the United States. Requires NASA to submit to Congress annual reports on the funds, services, and equipment accepted and used by NASA under this section. Defines "covered entity" as a non-federal entity that is organized under U.S. law or of any jurisdiction within the United States and is engaged in commercial space activities. (Sec. 709) Directs NASA to establish a NASA-wide knowledge management system and to implement industry-standard best practices for capturing, archiving, and retrieving heritage and future information. Makes such information accessible to all NASA employees unless otherwise prohibited because of its classified or sensitive nature. Requires NASA to submit to Congress a certain knowledge management system report. Amends the National Aeronautics and Space Administration Authorization Act of 2010 to extend, until September 30, 2016, the prohibition on the implementation of any reduction-in-force or other involuntary separations by NASA of permanent, non-Senior-Executive-Service, civil servant employees. (Sec. 710) Authorizes NASA to withhold from public disclosure any technical data with aeronautical or space application in the possession of, or under the control of, NASA, if the data may not be exported lawfully outside the United States without an approval, authorization, or license under the Export Administration Act of 1979. Prohibits NASA from being required to compile or submit the annual audit on export controls compliance under section 126 of the National Aeronautics and Space Administration Authorization Act of 2000.

To authorize the programs of the National Aeronautics and Space Administration for fiscal years 2014 through 2016 and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the National Aeronautics and Space Administration Authorization 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. Findings. Sec. 3. Definitions. TITLE I—Authorization of appropriations Sec. 101. Fiscal year 2014. Sec. 102. Fiscal year 2015. Sec. 103. Fiscal year 2016. TITLE II—Human space flight exploration and operations Subtitle A—Exploration Sec. 201. Missions and destinations. Sec. 202. NASA processing and launch infrastructure. Sec. 203. Naming of the space launch system. Sec. 204. Report; space suit system. Subtitle B—Maximizing ISS utilization Sec. 221. Operation and utilization of the ISS. Sec. 222. Research roles and responsibilities. Sec. 223. ISS national laboratory; property rights in inventions. Sec. 224. Commercial cargo and crew capabilities. Subtitle C—Other matters Sec. 231. Safety and mission assurance in human space flight. Sec. 232. Launch liability provisions. TITLE III—Science Subtitle A—Earth Science Sec. 301. Earth science. Subtitle B—Space Science Sec. 321. Human exploration and science collaboration. Sec. 322. Maintaining a balanced space science portfolio. Sec. 323. Science mission extensions. Sec. 324. Planetary science. Sec. 325. Space weather. Sec. 326. James Webb space telescope. Sec. 327. University class science missions. TITLE IV—Aeronautics Sec. 401. Sense of Congress on NASA aeronautics. TITLE V—Space technology Sec. 501. Space technology. TITLE VI—Education Sec. 601. Education and outreach activities. TITLE VII—Other matters Sec. 701. Sense of Congress on NASA's cross agency support. Sec. 702. Space communications network. Sec. 703. Astronaut occupational healthcare. Sec. 704. Helium capture and recovery. Sec. 705. Information technology governance. Sec. 706. Improvements to baselines and cost controls breach reporting process. Sec. 707. Infrastructure. Sec. 708. Knowledge management. 2. Findings Congress makes the following findings: (1) A robust and balanced space program enhances the United States long-term national and economic security by— (A) stimulating development of advanced technologies with widespread applications; (B) increasing the United States technological competitiveness; (C) enhancing global prosperity and security through cooperation in shared interests, such as advancement of science, understanding of Earth and the universe, and protection from space borne threats, such as asteroids; (D) opening the solar system to the full range of peaceful human activity; and (E) inspiring students to pursue disciplines in science, technology, engineering, and mathematics. (2) The Nation’s space program should include— (A) national security and civil space activities; (B) robotic and human exploration; (C) advancement of scientific knowledge and engagement of the general public; (D) U.S. Government led launch capability development, including the Space Launch System and the Orion multi-purpose crew vehicle, and partnerships with commercial and international entities; (E) advancement of the space frontier and stimulation of commerce; and (F) searching outward to further our understanding of the universe and observing Earth to expand knowledge of our home planet. 3. Definitions In this Act: (1) Administration The term Administration (2) Administrator The term Administrator (3) Appropriate committees of Congress The term appropriate committees of Congress (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Science, Space, and Technology of the House of Representatives. (4) ISS The term ISS (5) NASA The term NASA (6) Orion The term Orion 42 U.S.C. 18323 (7) Space Launch System The term Space Launch System 42 U.S.C. 18302 I Authorization of appropriations 101. Fiscal year 2014 There are authorized to be appropriated to NASA for fiscal year 2014, $18,100,000,000, as follows: (1) For Exploration, $4,275,000,000, of which— (A) $1,600,000,000 shall be for Space Launch System; (B) $1,200,000,000 shall be for the Orion multi-purpose crew vehicle; (C) $350,000,000 shall be for Exploration Ground Systems; (D) $325,000,000 shall be for Exploration Research and Development; and (E) $800,000,000 shall be for Commercial Space Flight. (2) For Space Operations, $3,832,000,000, of which— (A) $3,000,000,000 shall be for the ISS program; and (B) $832,000,000 for Space and Flight Support. (3) For Science, $5,154,000,000, of which— (A) $1,800,000,000 shall be for Earth Sciences; (B) $1,400,000,000 shall be for Planetary Science; (C) $642,000,000 shall be for Astrophysics; (D) $658,000,000 shall be for the James Webb Space Telescope; and (E) $654,000,000 shall be for Heliophysics. (4) For Aeronautics, $570,000,000. (5) For Space Technology, $635,000,000. (6) For Education, $136,000,000. (7) For Cross-Agency Support Programs, $2,850,000,000. (8) For Construction and Environmental Compliance and Restoration, $610,000,000. (9) For Inspector General, $38,000,000. 102. Fiscal year 2015 There are authorized to be appropriated to NASA for fiscal year 2015, $18,462,000,000, as follows (1) For Exploration, $4,522,000,000, of which— (A) $1,725,000,000 shall be for Space Launch System; (B) $1,225,000,000 shall be for the Orion multi-purpose crew vehicle; (C) $425,000,000 shall be for Exploration Ground Systems; (D) $332,000,000 shall be for Exploration Research and Development; and (E) $815,000,000 shall be for Commercial Space Flight. (2) For Space Operations, $3,948,000,000, of which— (A) $3,103,000,000 shall be for the ISS program; and (B) $845,000,000 for Space and Flight Support. (3) For Science, $5,234,400,000, of which— (A) $1,836,000,000 shall be for Earth Sciences; (B) $1,450,000,000 shall be for Planetary Science; (C) $670,000,000 shall be for Astrophysics; (D) $645,400,000 shall be for the James Webb Space Telescope; and (E) $633,000,000 shall be for Heliophysics. (4) For Aeronautics, $581,000,000. (5) For Space Technology, $650,000,000. (6) For Education, $139,800,000. (7) For Cross-Agency Support Programs, $2,907,000,000. (8) For Construction and Environmental Compliance and Restoration, $441,000,000. (9) For Inspector General, $38,800,000. 103. Fiscal year 2016 There are authorized to be appropriated to NASA for fiscal year 2016, $18,831,000,000, as follows: (1) For Exploration, $4,660,000,000, of which— (A) $1,800,000,000 shall be for Space Launch System; (B) $1,250,000,000 shall be for the Orion multi-purpose crew vehicle; (C) $435,000,000 shall be for Exploration Ground Systems; (D) $350,000,000 shall be for Exploration Research and Development; and (E) $825,000,000 shall be for Commercial Space Flight. (2) For Space Operations, $4,010,000,000, of which— (A) $3,196,000,000 shall be for the ISS program; and (B) $814,000,000 for Space and Flight Support. (3) For Science, $5,315,800,000, of which— (A) $1,872,000,000 shall be for Earth Sciences; (B) $1,500,000,000 shall be for Planetary Science; (C) $686,800,000 shall be for Astrophysics; (D) $620,000,000 shall be for the James Webb Space Telescope; and (E) $637,000,000 shall be for Heliophysics. (4) For Aeronautics, $593,000,000. (5) For Space Technology, $665,000,000. (6) For Education, $142,000,000. (7) For Cross-Agency Support Programs, $2,965,000,000. (8) For Construction and Environmental Compliance and Restoration, $441,000,000. (9) For Inspector General, $39,200,000. II Human space flight exploration and operations A Exploration 201. Missions and destinations (a) In general Congress reaffirms that the long-term goal of the human space flight and exploration efforts of NASA shall be to expand permanent human presence beyond low-Earth orbit and to do so, where practical, in a manner involving international partners, as stated in section 202(a) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18312(a)). (b) Human exploration of Mars Section 202(b) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18312(b) (1) by striking and (2) by striking the period at the end of paragraph (4) and inserting ; and (3) by adding at the end the following: (5) to achieve human exploration of Mars, including the establishment of a capability for human habitation on the surface of Mars. . (c) Development of exploration strategy (1) In general Not later than 270 days after the date of enactment of this Act, and biennially thereafter, the Administrator shall submit to the appropriate committees of Congress a strategy to achieve the objective under section 202(b)(5) of the National Aeronautics and Space Administration Authorization Act of 2010, as amended ( 42 U.S.C. 18312(b)(5) (2) Strategy requirements In developing the strategy under paragraph (1), the Administrator shall include— (A) the utility of an expanded human presence in cis-lunar space toward enabling missions to various lunar orbits, the lunar surface, asteroids, the Mars system, and other destinations of interest for future human exploration and development; (B) the utility of an expanded human presence in cis-lunar space for economic, scientific, and technological advances; (C) the opportunities for collaboration with— (i) international partners; (ii) private industry; and (iii) other Federal agencies, including missions relevant to national security or scientific needs; (D) the opportunities specifically afforded by the ISS to support high priority scientific and technological developments useful in expanding and sustaining a human presence in cis-lunar space and beyond; (E) a range of exploration mission architectures and approaches for the missions identified under paragraph (1); and (F) standards for ensuring crew health and safety, including limits regarding radiation exposure and countermeasures necessary to meet those limits, means and methods for addressing urgent medical conditions or injuries, and other such safety, health, and medical issues that can be anticipated in the conduct of the missions identified under paragraph (1). (3) Comparison of mission architectures and approaches (A) In general The strategy shall include a comparison of mission architectures and approaches identified under paragraph (2)(E) with a primary objective of identifying the architectures and approaches that— (i) best support the long-term goal under section 202(a) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18312(a) (ii) are enabled by the Space Launch System, Orion, and other transportation capabilities and technologies provided under titles III, IV, V, and IX of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18301 et seq.) and by other capabilities that may be available commercially or internationally. (B) Factors The comparison of mission architectures and approaches under subparagraph (A) shall include options that assess cost, schedule, safety, sustainability, opportunities for international collaboration, the enabling of new markets and opportunities for U.S. private industry, compelling scientific opportunities or national security considerations and requirements, the flexibility of the architecture to adjust to evolving technologies, leadership, and priorities, and contributions made to U.S. technological excellence, competitiveness, and leadership. (C) National security collaboration In identifying opportunities for collaboration under paragraph (2)(C)(iii), the Administrator, in collaboration with the Secretary of Defense and Director of National Intelligence, shall include a discussion of the work, cost, and schedule required to enable and utilize a cargo variant of the Space Launch System, including the 70-, 105-, and 130-metric ton configurations, with both a 5-meter or 8-meter faring. (4) Additional requirements The strategy shall include— (A) technical information as needed to identify interest from the scientific and national security communities; and (B) an assessment of the Space Launch System to enable and sustain near-Earth object surveillance of potentially Earth-threatening objects for the purpose of planetary protection. 202. NASA processing and launch infrastructure (a) Policy It is the policy of the United States that the Exploration Ground Systems to process and launch the Space Launch System, Orion, and related exploration elements, and the 21st Century Space Launch Complex to enable and facilitate civil, defense, and private launches are complementary efforts to modernize infrastructure, reduce costs, and maintain capabilities for current and future missions. (b) Development of the processing and launch support infrastructure In executing the programs described under subsection (a), the Administrator, to the extent practicable— (1) may not exclude the ability of Exploration Ground Systems to support efforts under section 305(b) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18325(b) (2) shall allow for cost-sharing opportunities by providing multi-use systems and capabilities to current and future users of the 21st Century Space Launch Complex through modernization, refurbishment, or development of infrastructure; and (3) shall pursue, in collaboration with local, State, or Federal agencies, or private industry, capabilities and investments that support multiple entities to advance NASA's current and future missions and benefit NASA by creating new partnerships. 203. Naming of the space launch system (a) Findings Congress finds that education and outreach to encourage the next generation of scientists and engineers to become involved in science and space exploration is one of the Administration's most important missions. (b) Report Not later than 30 days after the date of enactment of this Act, the Administration shall submit to the appropriate committees of Congress a plan to engage the public, including science students in elementary and secondary education programs, throughout the United States in naming the Space Launch System. 204. Report; space suit system Not later than 90 days after the date of enactment of this Act, the Administration shall submit to the appropriate committees of Congress a report updating Congress on the Constellation Space Suit System. The report shall include justification as to whether another competition to award contracts for the design, development, certification, production, and sustaining engineering of this space suit system is required to meet the needs of NASA's human exploration program. B Maximizing ISS utilization 221. Operation and utilization of the ISS (a) Sense of Congress It is the sense of Congress that— (1) maximum utilization of partnerships, scientific research, commercial applications, and exploration test bed capabilities of the ISS is essential to ensuring the greatest return on investments made by the United States and its international partners in the development, assembly, and operations of that unique facility; and (2) every effort should be made to ensure that decisions regarding the service life of the ISS are made on the basis of its projected capability to continue providing effective and productive research and exploration test bed capabilities. (b) Continuation of the international space station Congress reaffirms the policy stated in section 501(a) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18351(a) (c) NASA actions In furtherance of the policy under subsection (b), the Administrator shall ensure, to the extent practicable, that the ISS, as a designated national laboratory— (1) remains viable as an element of overall exploration and partnership strategies and approaches; and (2) remains an effective, functional vehicle providing research and test bed capabilities for the United States through 2020, up to 2028, and possibly beyond. (d) Report The Administrator, in consultation with the Office of Science and Technology Policy, shall determine, through analyses and discussions with ISS partners, the feasible and preferred service life of the ISS as a unique scientific, commercial, and exploration-related facility. Not later than 120 days after the date of enactment of this Act, and triennially thereafter, the Administrator shall submit to the appropriate committees of Congress a report that, at a minimum, includes— (1) an assessment of whether ISS operations can be extended to at least 2028, including— (A) a description of any activities that would be required of the international partnership to ensure that safety requirements are met; (B) a general discussion of international partner capabilities and interest in extension, to include the potential for participation by additional countries; (C) a review of essential systems or equipment upgrades that would be necessary for ISS extension and utilization to at least 2028; (D) an evaluation of the cost and schedule requirements associated with the development and delivery of essential systems or equipment upgrades identified under subparagraph (C); and (E) an identification of possible partner contributions and program transitions to provide the upgrades identified under subparagraph (C); (2) an evaluation of the potential for expanding the use of ISS facilities to accommodate the needs of researchers and other users, including changes to policies, regulations, and laws that would stimulate greater private and public involvement on the ISS; and (3) such other information as may be necessary to fully describe the justification for and feasibility of extending the service life of the ISS, including the potential scientific or technological benefits to the Federal Government or public, or to academic or commercial entities that, within the United States-owned modules of the ISS or in partner-owned facilities of the ISS allocated for United States utilization by international agreement, are or may become engaged in research and testing activities sponsored, conducted, and managed by the Administration or by the ISS management entity. (e) Definition of ISS management entity In this section, the term ISS management entity 222. Research roles and responsibilities (a) Sense of Congress It is the sense of Congress that— (1) expansion of the non-NASA utilization of the ISS is critical to maximizing the research potential of the ISS national laboratory and to facilitating expanded commercial activity in low-Earth orbit; and (2) in order to expand the non-NASA scientific utilization of ISS research capabilities and facilities, it is essential to clarify the roles and responsibilities of the entities managing research within the U.S. Segment of the ISS. (b) Management of the ISS national laboratory Section 504 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18354) is amended— (1) in subsection (b), by adding at the end the following: (3) Conflicts of interest The Administrator shall ensure that the liaison function under this subsection is implemented in a manner that precludes any conflict of interest between the objectives and activities of the entities identified under subsection (e). ; (2) in subsection (d)(2)— (A) by inserting (A) In general If any NASA research plan (B) by inserting and subject to subparagraph (B) Until September 30, 2020 (C) by adding at the end the following: (B) Mutual agreement An exception under subparagraph (A) may only be granted if there is mutual agreement between the entities identified under subsection (e). ; and (3) by adding at the end the following: (e) Clarification of roles The organization with which the Administrator enters into a cooperative agreement under subsection (a) for management of the ISS national laboratory shall be considered a separate and equal partner of any NASA organizational entity responsible for management of the NASA research plan onboard the ISS. . (c) Report (1) In general Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on the following: (A) Options for expanding the Administration’s collaboration with its ISS partners, including— (i) providing U.S. personnel expanded access to international partner research facilities; and (ii) coordinating research efforts to minimize the duplication of effort, unless duplication is a justified element of the scientific process or essential for backup or redundant capability. (B) The potential for increasing ISS crew size to maximize utilization and applications. (C) Efforts undertaken by the Administration and the ISS management entity— (i) to enhance collaborative research between the Administration and other Federal science agencies, such as the National Institutes of Health and the National Science Foundation; and (ii) to expand the use of the ISS national laboratory capabilities by Federal science agencies. (2) Definition of ISS management entity In this subsection, the term ISS management entity 223. ISS national laboratory; property rights in inventions Section 20135 (1) in subsection (g), by striking Each such waiver Except as provided under subsection (l), each such waiver (2) by adding at the end the following: (l) Waiver of rights to inventions; commercial microgravity research (1) In general With respect to any invention or class of inventions made or which may be made by any person or class of persons in the performance of any non-NASA scientific utilization of the ISS national laboratory, the Administrator may waive the license reserved by the Administrator under subsection (g), in whole or in part and according to negotiated terms and conditions, including the terms and conditions under paragraphs (1), (2), (3), and (5) of section 202(c) (2) Construction Nothing in this subsection shall be construed to affect the rights of the Federal Government under any other procurement contract, grant, understanding, arrangement, agreement, or transaction. . 224. Commercial cargo and crew capabilities (a) Findings Congress finds that— (1) NASA’s Commercial Orbital Transportation Services, Cargo Resupply Services, and Commercial Crew Program demonstrate the potential for procuring routine, commercially provided access to the ISS and to low-Earth orbit using innovative and cost-effective development and procurement strategies; (2) Federal investments in the U.S. private space industry have the ability to provide for lower cost access to space for researchers and for commercial ventures; (3) commercially provided space transportation is critical to maximizing utilization of the ISS; (4) encouraging competition among launch service providers and maintaining multiple space transportation options helps to reduce long-term costs to the Federal Government and to induce continual improvement in available private-sector services; and (5) consistent with section 201(b) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18311(b)), maintaining multiple launch service providers helps ensure uninterrupted access to the space environment should a particular provider’s services become unavailable. (b) Sense of Congress It is the sense of Congress that the Administration— (1) should continue to support the development of safe, reliable, and cost effective commercial launch capabilities for the primary purpose of securing domestic access to the ISS as quickly and safely as possible; and (2) should encourage a viable commercial market for the capabilities under paragraph (1). (c) United States policy It is the policy of the United States that, to foster the competitive development, operation, and improvement of private space transportation services, services for Federal Government access to and return from the ISS, whenever feasible, shall be procured via fair and open competition for well-defined, milestone-based, Federal Acquisition Regulation-based contracts under section 201(a) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18311(a)). (d) Selection of commercial providers In evaluating commercial space transportation service providers, the Administrator— (1) shall aim to minimize the life-cycle costs of obtaining transportation services; (2) shall assure compliance with all safety and mission assurance requirements; (3) shall consider contractor financial investment into the development of transportation capabilities; and (4) for commercial crew transport services— (A) shall consider flexibility in design, including sample return capabilities; and (B) shall provide a written notification and justification to the appropriate committees of Congress if the price per seat exceeds the cost negotiated by NASA for crew transport in April 2013. (5) Strategy for procuring commercial services In implementing the policy under subsection (c), the Administrator shall submit to the appropriate committees of Congress, not later than 120 days after the date of enactment of this Act, a strategy for transitioning from Space Act Agreements to Federal Acquisition Regulation-based contracts for the procurement of crew transportation services to and from the ISS. The strategy shall include— (A) a comparison of potential procurement strategies based on— (i) maximizing safety and mission assurance; (ii) the total projected costs to the Federal Government through 2020, given multiple projections of Government demand for launch services; (iii) the feasibility of the procurement strategy and timeline, given projected funding availabilities; (iv) the potential for supporting the research and exploration test bed needs of the Federal Government and of the independent entity responsible for ISS national laboratory activities for the purposes described under section 504(d) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18354(d) (v) the projected impacts on developing a viable market for commercial launch services; (B) an evaluation of the costs and benefits of ensuring the availability of at least 2 U.S.-based launch service providers, considering— (i) the potential need for diversified cargo and sample return capabilities, including a soft-landing capability as described under section 404 of the National Aeronautics and Space Administration Authorization Act of 2010 (124 Stat. 2822); and (ii) the ability of multiple cargo or crew launch service providers to meet private or non-NASA Government mission requirements and the subsequent benefit to the United States of such ability; (C) justification for the procurement strategy selected from among those considered; and (D) for the selected procurement strategy, identification of additional or modified authorities, regulations, or guidelines that are necessary for successful implementation. C Other matters 231. Safety and mission assurance in human space flight (a) Findings Congress makes the following findings: (1) In the early part of the space race, the United States took over 3 years from the launch of the first American satellite, Explorer I, to the launch of the first American to space, Alan B. Shepard, Jr. (2) It was known then, as it is now, that the exploration of space by humans is an inherently dangerous endeavor. (3) Access to space requires complex propulsion systems, such as the now retired Space Shuttle, which generated over 7,000,000 pounds of thrust. (4) Adding humans to the complex systems required to reach space requires additional safeguards, life support systems, and other measures to protect from the harsh environment of space in order to minimize risk to human life. (b) Sense of Congress It is the sense of Congress that— (1) meticulousness and attention to detail helps ensure that all humans are safe and protected to the best of the abilities of all those involved in helping achieve the reaches of space; (2) those who strive to send humans into space should make every effort to ensure the success of missions and programs through independent safety and mission assurance analyses; (3) diligent oversight efforts ensure adherence to safety, reliability, and quality assurance policies and procedures for missions and programs; and (4) lessons learned from mishaps and near misses should be implemented into designs, decisions, policy, and procedures to reduce the risk of future incidents that could jeopardize crew safety or mission success. 232. Launch liability provisions (a) Liability extension Section 50915(f) December 31, 2013 December 31, 2016 (b) Protection for launch activities Subchapter III of chapter 201 20148. Indemnification; NASA launch services (a) In general Under such regulations in conformity with this section as the Administrator shall prescribe taking into account the availability, cost, and terms of liability insurance, any contract between the Administration and a provider may provide that the United States will indemnify a provider against claims (including reasonable expenses of litigation or settlement) by third parties for death, bodily injury, or loss of or damage to property resulting from activities that the contract defines as unusually hazardous or nuclear in nature, but— (1) only to the extent that such claims are not compensated by liability insurance of the provider; and (2) only to the extent that such claims arise out of the direct performance of the contract. (b) Limitation Indemnification under subsection (a) may be limited to claims resulting from other than the actual negligence or willful misconduct of the provider. (c) Terms of indemnification A contract made under subsection (a) that provides indemnification shall also provide for— (1) notice to the United States of any claim or suit against the provider for death, bodily injury, or loss of or damage to property; and (2) control of or assistance in the defense by the United States, at its election, of that suit or claim. (d) Liability insurance of the provider Each provider that is a party to a contract made under subsection (a) shall have and maintain liability insurance in such amounts as the Administrator shall require to cover liability to third parties and loss of or damage to property. (e) No indemnification without cross-Waiver Notwithstanding subsection (a), the Administrator may not indemnify a provider under this section unless there is a cross-waiver between the Administration and the provider as described in subsection (f). (f) Cross-Waivers The Administrator, on behalf of the United States, and its departments, agencies, and instrumentalities, may reciprocally waive claims with a provider under which each party to the waiver agrees to be responsible, and agrees to ensure that its own related entities are responsible, for damage or loss to its property for which it is responsible, or for losses resulting from any injury or death sustained by its own employees or agents, as a result of activities connected to the contract. (g) Certification of just and reasonable amount No payment may be made under subsection (a) unless the Administrator or the Administrator's designee certifies that the amount is just and reasonable. (h) Payments Upon the approval by the Administrator, payments under subsection (a) may be made, at the Administrator's election, either from— (1) funds obligated for the performance of the agreement concerned; (2) funds available for research and development not otherwise obligated; or (3) funds appropriated for such payments. (i) Relationship to other laws The Administrator may not provide indemnification under this section for an activity that requires a license or permit under chapter 509. (j) Construction The authority to indemnify under this section shall not create any rights in third persons that would not otherwise exist by law. (k) Definitions In this section: (1) Launch services The term launch services (2) Provider The term provider . (c) Conforming amendment The table of contents for subchapter III of chapter 201 20148. Indemnification; NASA launch services. . III Science A Earth Science 301. Earth science (a) Findings Congress finds that— (1) continuous, long-term Earth observation data supports the preparation for and management of natural and human-induced disasters, benefits resource management and agricultural forecasting, improves our understanding of climate, and encourages environmental and economic sustainability; (2) due to the scope of activities required, Earth science research and Earth observation are multi-agency endeavors requiring significant cooperation and information sharing among government, international, and scientific community partners; (3) in developing Earth observation technologies, conducting Earth science satellite missions, and providing research products to the scientific community, NASA plays a crucial role in advancing Earth science; and (4) the loss of observational capabilities in Earth science, as predicted by the National Research Council’s midterm update to its Earth Science Decadal Survey, risks reversing gains in weather forecast accuracy, reducing disaster response capabilities, and creating an irreversible gap in Earth science data. (b) Sense of Congress It is the sense of Congress that— (1) given the importance of Earth science and Earth observation data, NASA Earth science efforts— (A) should be conducted in coordination with other Federal agencies; and (B) should be cognizant of international efforts and the needs of the scientific and businesses communities; and (2) whenever feasible, NASA and other Federal agencies should consider the potential for reducing costs by purchasing commercially available Earth science data and services. (c) Mission prioritization (1) National strategy for Earth observation The Office of Science and Technology Policy, in implementing its National Strategy for Earth Observation and in developing a National Plan for Civil Earth Observations, shall prioritize Federal Earth science and observation investments based on— (A) its assessment of Earth science and observation data requirements; (B) the capability requirements as identified by the National Academies decadal surveys; (C) the projected costs of Earth science missions and data gathering activities; and (D) the projected and available budgets. (2) National plan for civil Earth observations The Administration, in prioritizing future Earth science and Earth observation missions and technology development under the National Plan for Civil Earth Observations and chapter 201 of title 51, United States Code, shall consider potential cost-reduction opportunities, including— (A) if feasible, co-locating Earth science sensors on other satellites; and (B) purchasing commercially available Earth science data and services, including launch access to orbital and sub-orbital space. B Space Science 321. Human exploration and science collaboration The Administrator shall ensure that the Science Mission Directorate and the Human Exploration and Operations Mission Directorate coordinate in researching and reducing the risks that space exploration beyond low-Earth orbit pose to astronaut health. Not later than 90 days after the date of enactment of this Act, the Administrator shall provide to the appropriate committees of Congress a report detailing the results of previous research in this area and identifying opportunities for future science missions to contribute to the understanding of these risks. 322. Maintaining a balanced space science portfolio (a) In general Section 803 of the National Aeronautics and Space Administration Authorization Act of 2010 (124 Stat. 2832) is amended to read as follows: 803. Overall science portfolio; sense of Congress Congress reaffirms its sense that a balanced and adequately funded set of activities, consisting of research and analysis grants programs, technology development, small, medium, and large space missions, and suborbital research activities, contributes to a robust and productive science program and serves as a catalysis for innovation and discovery. The Administrator should set science priorities by following the guidance provided by the scientific community through the National Academies’ decadal surveys. . (b) Conforming amendment The item relating to section 803 in the table of contents in section 1(b) of the National Aeronautics and Space Administration Authorization Act of 2010 (124 Stat. 2806) is amended by striking Overall science portfolio-sense of the Congress Overall science portfolio; sense of Congress 323. Science mission extensions Section 30504 of title 51, United States Code is amended to read as follows: 30504. Assessment of science mission extensions (a) Assessment The Administrator shall carry out biennial reviews within each of the Science divisions to assess the cost and benefits of extending the date of the termination of data collection for those missions that have exceeded their planned mission lifetime. In conducting these assessments, the Administrator shall consider— (1) the potential continued benefit of instruments on missions that are beyond their planned mission lifetime; and (2) the cost and schedule impacts, if any, of mission extension on other NASA activities and science missions. (b) Consultation requirement When deciding whether to extend science missions with an operational component, the Administrator shall consult with the National Oceanic and Atmospheric Administration and any other affected Federal agency. . 324. Planetary science (a) Findings Congress finds that— (1) Administration support for planetary science is critical to enabling greater understanding of the solar system and its origin; (2) the United States leads the world in planetary science and can augment its success with appropriate international partnerships; (3) a mix of small-, medium-, and large-planetary science missions is required to sustain a steady cadence of planetary exploration; and (4) robotic planetary exploration is a key component of preparing for future human exploration. (b) Mission priorities In accordance with the priorities established in the most recent decadal survey for planetary science, the Administrator shall ensure, to the greatest extent practicable, the completion of a balanced set of Discovery, New Frontiers, and flagship missions. The Administrator may seek, if necessary, adjustments to mission priorities, schedule, and scope in light of changing budget projections. (c) Instrumentation To support its science mission priorities, the Administration shall invest in a sustained program to develop or mature scientific instrument capabilities, as delineated in the NASA Science Instruments, Observatories, and Sensor Systems Roadmap. 325. Space weather (a) OSTP roadmap In coordination with NASA, the National Oceanic and Atmospheric Administration, and other relevant Federal agencies, the Director of the Office of Science and Technology Policy, not later than 24 months after the date of enactment of this Act, shall deliver to the appropriate committees of Congress a roadmap for developing and deploying space weather forecasting technologies. The roadmap shall, at a minimum— (1) aim to relieve capability gaps identified by the National Space Weather Program Council review of space weather observing systems, as requested by the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18301 et seq.); and (2) consider ongoing and future requirements for space weather modeling, monitoring, and prediction. (b) NASA technology roadmaps The Administration shall update and further develop its technology roadmaps as required to address mitigating a wide range of space weather effects on both satellites and spacecraft. (c) Alert protocol The Director of the Office of Science and Technology Policy shall coordinate relevant Federal agencies to propose protocols for communicating and responding to space weather forecasts. Protocol assessment shall consider the needs of both government and private sector entities. The Director of the Office of Science and Technology Policy shall deliver a report on proposed protocols to Congress not later than 24 months after the date of enactment of this Act. 326. James Webb space telescope It is the sense of Congress that— (1) the James Webb Space Telescope will significantly advance our understanding of star and planet formation, improve our knowledge of the early universe, and support U.S. leadership in astrophysics; (2) significant progress has been made with regard to overcoming the James Webb Space Telescope’s technical challenges and in improving NASA management oversight; (3) the on-time and on-budget completion of the James Webb Space Telescope should remain a top NASA priority; and (4) consistent with annual Government Accountability Office reviews of the James Webb Space Telescope program, the Administrator should continue to improve the James Webb Space Telescope's cost and schedule estimates and oversight procedures in order to enhance NASA’s ability to successfully deliver the James Webb Space Telescope on time and on budget. 327. University class science missions (a) Sense of Congress It is the sense of Congress that principal investigator-led small orbital science missions, including CubeSat, University Explorer (UNEX), Small Explorer (SMEX), and Venture class missions, offer valuable, lower-cost opportunities to advance science, train the next generation of scientists and engineers, and provide opportunities for program participants to acquire skills in systems engineering and systems integration that are critical to maintaining the Nation’s leadership in space. (b) Review of principal investigator led small orbital science missions (1) In general Not later than 120 days after the date of enactment of this Act, the Administrator shall enter into an arrangement with the National Academy of Sciences to conduct a review of the small orbital science missions described under subsection (a). (2) Requirements The review under paragraph (1) shall include the following: (A) The status, capability, and availability of existing small orbital science mission programs in which the missions are led by principal investigators and enable significant participation by university scientists and students. (B) The opportunities that the small orbital science missions described under subsection (a) provide for scientific research, training, and education, including scientific and engineering workforce development. (C) The use of commercial applications, such as hosted payloads, free flyers, and data buys, as vehicles to further the goals of small orbital science missions, while preserving the principle of independent peer review as the basis for mission selection. (c) Report (1) In general Not later than 15 months after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on the review required by this section. (2) Contents The report shall include— (A) a summary of the review under subsection (b); (B) the findings of the Administrator with respect to that review; and (C) recommendations regarding principal investigator led small orbital science missions conducted by the Administration. IV Aeronautics 401. Sense of Congress on NASA aeronautics (a) Findings Congress finds that— (1) aviation is vital to the United States economy, with the industry supporting nearly 1,000,000 jobs, conducting nearly 10,000,000 commercial flights per year within the United States alone, and contributing to the aerospace industry’s positive trade balance in 2012; (2) in helping test and mature new technologies for quiet and efficient air transportation, NASA’s Aeronautics Research Mission Directorate addresses major aviation trends, such as the rapid growth in passengers, increasing fuel costs, and the demand for faster vehicles; (3) the Directorate works closely with industry and academia to address long-term challenges to the air transportation system that require improving aviation safety, increasing the capacity of the increasingly crowded national airspace system, and reducing environmental impacts; (4) through its Aeronautics Test Program, the Directorate manages the flight operations and test infrastructure at 4 NASA centers, providing both NASA and its industry partners with access to critical facilities; (5) NASA’s contribution to aeronautics is evidenced in the use of its technologies in almost every modern aircraft; and (6) the Directorate has identified otherwise unknown safety issues and helped optimize aircraft routes, yielding millions of dollars in potential savings to airlines and benefitting passengers. (b) Sense of Congress It is the sense of Congress that— (1) the Aeronautics Research Mission Directorate builds on the successful legacy of NASA’s predecessor, the National Advisory Committee for Aeronautics, which worked closely with industry partners to advance both military and civil aviation until its dissolution in 1958; (2) NASA aeronautics research, development, and test activities, including investments into composite structures, new fuels, and innovative aircraft concepts, must continue in order to support U.S. leadership in aviation; (3) the Directorate’s efforts to collaborate with the aviation industry to gather and analyze data and to prototype and test algorithms that optimize flight routes, manage air traffic, and account for weather impacts are critical to supporting the safe use of the national airspace; and (4) continued cooperation between NASA’s Aeronautics Research Mission Directorate and the Federal Aviation Administration is vital to providing the data and tools necessary to best regulate the national airspace and to ensure that new technologies are effectively tested and acquire timely regulatory approval. V Space technology 501. Space technology (a) Sense of Congress It is the sense of the Congress that— (1) previous investments in space technologies have not only enabled space exploration and research missions, but also have improved the quality of life on Earth; (2) by improving affordability, reliability, and operational capability, continued space technology developments will enable NASA missions that otherwise would be unachievable; (3) investments in space technology engage the talent of the Administration and of the Nation’s academic and business enterprises; and (4) space technology roadmaps serve as a useful framework for NASA, academic, and industry development efforts. (b) Space technology directive To advance NASA’s space exploration and space research goals, the Administrator shall continue a program with responsibility for NASA investments in space technologies and capabilities. To the greatest extent possible, the Administrator shall synergize all NASA space technology investments, encourage collaboration in space technology development with academia and industry, and minimize duplication of space technology development efforts across the Administration and the private sector unless duplication is required to maintain mission safety, security, or backup capability. (c) Space technology roadmap report In carrying out the policy under subsection (b), the Administrator shall submit to the appropriate committees of Congress, not later than 24 months after the date of enactment of this Act, a progress report on the development, testing, and demonstration of the 14 technological areas of the Space Technology Roadmaps. VI Education 601. Education and outreach activities (a) Sense of Congress It is the sense of Congress that— (1) the Administration is uniquely recognized in the educational and global communities for its aerospace knowledge, passionate workforce, and unique capabilities and facilities; (2) U.S. competitiveness in aerospace requires engaging the science, technology, engineering, and mathematics (STEM) talent in all States and jurisdictions; (3) the Administration’s education and outreach programs, including the Experimental Program to Stimulate Competitive Research (EPSCoR) and the Space Grant College and Fellowship Program, reflect the Administration’s successful commitment to growing and diversifying the national science and engineering workforce; (4) the Administration’s outreach efforts to underrepresented and underserved communities, by helping minorities to pursue higher education in STEM fields and to attain STEM careers, benefit the overall national workforce; and (5) the Administration’s efforts to improve the management and execution of its education portfolio and to evaluate program success using evidence-based approaches should continue. (b) In general The Administration shall— (1) continue to execute its educational and outreach programs, including providing a wide range of academic research opportunities and engaging the public interest in science, technology, engineering and mathematics; (2) continue to collaborate with minority institutions to increase student participation in science, technology, engineering, and mathematics; and (3) seek partnerships with industry, academia, and with other communities to best respond to the Nation’s aerospace-related educational and workforce needs. (c) Space grant To enhance the United States STEM education and workforce, the Administrator shall continue to operate the National Space Grant College and Fellowship program through a national network of regional consortia. The program shall provide hands-on research, training, and education programs, use measurable outcomes to gauge success, and allow States flexibility in its execution. VII Other matters 701. Sense of Congress on NASA's cross agency support (a) Findings Congress makes the following findings: (1) Cross Agency Support operates and maintains the Administration’s centers and facilities, including headquarters, enabling the accomplishment of the Administration’s missions while protecting human health and the environment. (2) Cross Agency Support provides for the unique facilities, skilled personnel, and administrative support that NASA programs, research, and development activities require at the centers. (3) Cross Agency Support provides the Administration with the capability to improve mission success by supplying safety and mission assurance, engineering technical authority, and health and medical oversight across all of NASA's programs, research, and operations. (4) The Orbital Debris Program Office is located in Cross Agency Support and leads the Administration’s effort in addressing the orbital debris issue, which is an issue resulting from over 50 years of spaceflight. (5) Cross Agency Support delivers the information technology services used throughout the Administration that allow its workforce to work and communicate efficiently and effectively, not only internal to the Administration, but with the citizens of the world which provides them the opportunity to be included and participate in the Administration’s accomplishments. (6) The Administration’s public affairs, located in Cross Agency Support, provided worldwide live coverage of the Curiosity Rover’s landing on Mars, the largest rover ever sent to Mars, in August of 2012. (7) The authority and execution of the Administration’s offices responsible for finance, budget, acquisition, external relations, legislative affairs, training, security, and human capital management are performed under Cross Agency Support. (b) Sense of Congress It is the sense of Congress that— (1) Cross Agency Support represents a variety of functions vital to the strength and success of the Administration and is essential to the Administration’s vision; (2) the centers and facilities in the Administration are a vital part of the many advances in science and technology the Administration has provided and continues to provide to this Nation and the world since the Administration was created in 1958; (3) at the Administration’s core is safety and mission success that, through Cross Agency Support, is carried out by the highly talented and dedicated workforce at the Administration’s centers and facilities; (4) as the Administration looks to continue international, interagency, and industry cooperation and partnerships, Cross Agency Support will continue to provide the overseeing and execution of these efforts; and (5) Cross Agency Support be given the necessary resources to keep the Administration capable of meeting the goals set forth by Congress and continue to be a global leader in space and aeronautics. 702. Space communications network (a) Plan The Administrator shall prepare an updated plan for NASA’s near-Earth, space, and deep space communications network and infrastructure. The plan shall— (1) identify steps to sustain the existing network and infrastructure; (2) assess the capabilities, including any upgrades, needed to support NASA’s programs; (3) identify priorities for how resources should be used to implement the plan; and (4) assess the impact on missions if resources are not secured at the level needed. (b) Transmittal Not later than 270 days after the date of enactment of this Act, the Administrator shall transmit the plan to the appropriate committees of Congress. 703. Astronaut occupational healthcare (a) In general Chapter 313 of title 51, United States Code, is amended by adding at the end the following: 31303. Astronaut occupational healthcare (a) In general Notwithstanding any other provision of law, the Administrator, as the Administrator considers necessary, may provide for the medical monitoring, diagnosis, and treatment of a crewmember for conditions that the Administrator considers associated with human space flight, including scientific and medical tests for psychological and medical conditions. (b) Records Consistent with applicable Federal privacy laws, the Administration shall retain access to all medical records and other health data from the provision of healthcare under subsection (a). (c) Definition of crewmember In this section, the term crewmember (1) a former NASA astronaut/payload specialist who has flown on at least 1 space mission; (2) a management NASA astronaut who has flown at least 1 space mission and is currently employed by the U.S. Government; or (3) an active NASA astronaut/payload specialist assigned, waiting assignment, or training for an assignment to a NASA human space flight. . (b) Conforming amendment The table of contents for chapter 313 31303. Astronaut occupational healthcare. . 704. Helium capture and recovery (a) In general Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress an agency-wide plan to recover and recycle helium, whenever possible, that the Administration uses or will use in current, planned, and future experimentation, tests, launches, and operations. (b) Considerations In developing the plan under subsection (a), the Administrator shall consider how modifications, updates, or new lifecycle designs for engines, balloons, airships, or other future programs can be designed or operated to recover and recycle helium. 705. Information technology governance (a) Sense of Congress It is the sense of Congress that effective information technology governance is critical to ensuring information security, decreased costs, and overall mission assurance. The June 5, 2013, NASA Office of Inspector General audit, NASA’s Information Technology Governance, (b) Information technology governance The Administrator shall, in consultation with Mission Directorate and NASA Center Chief Information Officers— (1) ensure the Agency Chief Information Officer has the appropriate resources and visibility to oversee agency-wide information technology operations and investments; (2) establish a direct line of report between the Agency Chief Information Officer and the Administrator; (3) establish a minimum monetary threshold for all agency information technology investments over which the Agency Chief Information Officer shall have final approval; and (4) consider appropriate revisions to the charters of information technology boards and councils that inform information technology investment and operation decisions. 706. Improvements to baselines and cost controls breach reporting process Section 30104 (1) in subsection (d)(3)— (A) by striking the notification (B) by inserting the notification and a timeline by which the Administrator intends to make the determination, report, and analysis under subsection (e) (2) in subsection (e)(1), by striking Not later than 30 days after receiving a written notification under subsection (d)(2) In accordance with the timeline under subsection (d)(3) (3) in subsection (e)(1)(A), by striking not later than 15 days after making the determination in accordance with the timeline under subsection (d)(3) (4) in subsection (e)(2), by striking not later than 6 months after the Administrator makes a determination under this subsection in accordance with the timeline under subsection (d)(3) (5) in subsection (f), by inserting or an annual budget request that reflects this growth a report under subsection (e)(1)(A) 707. Infrastructure (a) Sense of Congress It is the sense of Congress that— (1) the Administration has a role in providing access to unique or specialized laboratory capabilities that are not economically viable for purchase by commercial entities and therefore are not available outside of NASA; (2) the deteriorating condition of the Administration's facilities and other infrastructure is hampering the research effectiveness and efficiency performed at those facilities by both the Administration and industry participants; (3) the Administration must improve the condition of its facilities and infrastructure to maintain the competitiveness of the U.S. aerospace industry; (4) to ensure continued researcher access to reliable and efficient world-class facilities, the Administration should seek to establish strategic partnerships with other Federal agencies, academic institutions, and industry, as appropriate; and (5) decisions regarding whether to dispose of, maintain, or modernize existing facilities and other infrastructure must be made in the context of meeting the future laboratory needs of the Administration and other Federal agencies. (b) Plan Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a plan for retaining or acquiring the facilities, laboratories, equipment, test capabilities, and other infrastructure necessary to meet the Administration's mandates and its current and future missions. The plan shall— (1) identify the Administration's future infrastructure needs, including facilities, laboratories, equipment, and test capabilities; (2) include a strategy for identifying and removing unnecessary or duplicative infrastructure consistent with the national strategic direction under the National Space Policy, the National Aeronautics Research, Development, Test and Evaluation Infrastructure Plan, the National Aeronautics and Space Administration Authorization Act of 2010, title 51 of the United States Code, and other Administration-related law; (3) include a strategy for the maintenance, repair, upgrading, and modernization of the Administration’s facilities, laboratories, equipment, and other infrastructure; (4) recommend criteria for prioritizing deferred maintenance tasks and for upgrading or modernizing facilities, laboratories, equipment, and other infrastructure; (5) include an assessment of modifications needed to maximize the use of facilities, laboratories, equipment, and other infrastructure that offer unique and highly specialized benefits to the aerospace industry and the public; and (6) include recommendations for implementation, including a timeline, milestones, and an estimate of the resources required for carrying out the plan. (c) Establishment of capital funds The Administrator shall establish a capital fund at each of NASA’s field centers for the modernization of facilities, laboratories, equipment, and other infrastructure in accordance with the plan under subsection (b). The Administrator shall ensure, to the greatest extent practicable, that any financial savings achieved by closing an outdated or surplus facility at a NASA field center is made available to that field center’s capital fund for the purpose of modernizing that field center’s facilities, laboratories, equipment, and other infrastructure in accordance with the plan under subsection (b). 708. Knowledge management (a) Sense of Congress It is the sense of the Congress that— (1) the Administration's success relies heavily on the accumulated technical knowledge of its skilled civil servant and contractor workforce; (2) in light of an aging workforce, it is imperative that the Administration preserve, to the maximum extent possible, both critical technical skills and all knowledge valuable to future mission planning and operation; and (3) exercising best practice knowledge management systems within the Administration will benefit the future NASA workforce and help ensure future mission successes. (b) Knowledge management system The Administrator shall establish an Administration-wide knowledge management system and implement industry-standard best practices for capturing, archiving, and retrieving heritage and future information. The information under this subsection shall be accessible to all Administration employees unless otherwise prohibited because of the classified or sensitive nature of the information. (c) Report Not later than 12 months after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report that, at a minimum, includes— (1) a description of any actions necessary to create or modify an Administration-wide knowledge management system; (2) a plan for implementing the knowledge management system, including employee training and the provision of secure access to information, as required for all personnel working on Administration programs, projects, and research; (3) a summary of implementation costs for the knowledge management system; and (4) a timeline and progress report for implementation. (d) Workforce stabilization and critical skills preservation Section 1105 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18431) is amended by striking 2013 2016 1. Short title; table of contents (a) Short title This Act may be cited as the National Aeronautics and Space Administration Authorization Act of 2013 (b) Table of contents The table of contents of this Act is as follows: TITLE I—Authorization of appropriations Sec. 101. Fiscal year 2014. Sec. 102. Fiscal year 2015. Sec. 103. Fiscal year 2016. TITLE II—Human space flight exploration and operations Subtitle A—Exploration Sec. 201. Missions and destinations. Sec. 202. NASA processing and launch infrastructure. Sec. 203. Naming of the space launch system. Sec. 204. Report; space suit system. Subtitle B—Maximizing ISS utilization Sec. 221. Operation and utilization of the ISS. Sec. 222. Research roles and responsibilities. Sec. 223. ISS national laboratory; property rights in inventions. Sec. 224. Commercial cargo and crew capabilities. Subtitle C—Other matters Sec. 231. Safety and mission assurance in human space flight. Sec. 232. Launch liability provisions. Sec. 233. Termination liability. TITLE III—Science Subtitle A—Earth Science Sec. 301. Earth science. Sec. 302. Subtitle B—Space Science Sec. 321. Human exploration and science collaboration. Sec. 322. Maintaining a balanced space science portfolio. Sec. 323. Science mission extensions. Sec. 324. Planetary science. Sec. 325. Space weather. Sec. 326. James Webb space telescope. Sec. 327. University class science missions. TITLE IV—Aeronautics Sec. 401. NASA aeronautics. TITLE V—Space technology Sec. 501. Space technology. TITLE VI—Education Sec. 601. Education and outreach activities. TITLE VII—Other matters Sec. 701. Sense of Congress on NASA's cross agency support. Sec. 702. Space communications network. Sec. 703. Astronaut occupational healthcare. Sec. 704. Helium capture and recovery. Sec. 705. Information technology governance. Sec. 706. Improvements to baselines and cost controls breach reporting process. Sec. 707. Infrastructure. Sec. 708. Commercial launch cooperation. Sec. 709. Knowledge management. Sec. 710. Authority to protect certain technical data from public disclosure. 2. Findings Congress makes the following findings: (1) A robust and balanced space program enhances the United States long-term national and economic security by— (A) stimulating development of advanced technologies with widespread applications; (B) increasing the United States technological competitiveness; (C) enhancing global prosperity and security through cooperation in shared interests, such as advancement of science, understanding of Earth and the universe, and protection from space borne threats, such as asteroids; (D) opening the solar system to the full range of peaceful human activity; and (E) inspiring students to pursue disciplines in science, technology, engineering, and mathematics. (2) The Nation’s space program should include— (A) national security and civil space activities; (B) robotic and human exploration; (C) advancement of scientific knowledge and engagement of the general public; (D) U.S. Government led launch capability development, including the Space Launch System and the Orion multi-purpose crew vehicle, and partnerships with commercial and international entities; (E) advancement of the space frontier and stimulation of commerce; and (F) searching outward to further our understanding of the universe and observing Earth to expand knowledge of our home planet. 3. Definitions In this Act: (1) Administration The term Administration (2) Administrator The term Administrator (3) Appropriate committees of Congress The term appropriate committees of Congress (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Science, Space, and Technology of the House of Representatives. (4) ISS The term ISS (5) NASA The term NASA (6) Orion The term Orion 42 U.S.C. 18323 (7) Space Launch System The term Space Launch System 42 U.S.C. 18302 I Authorization of appropriations 101. Fiscal year 2014 There are authorized to be appropriated to NASA for fiscal year 2014, $18,100,000,000, as follows: (1) For Exploration, $4,275,000,000, of which— (A) $1,600,000,000 shall be for Space Launch System; (B) $1,200,000,000 shall be for the Orion multi-purpose crew vehicle; (C) $350,000,000 shall be for Exploration Ground Systems; (D) $325,000,000 shall be for Exploration Research and Development; and (E) $800,000,000 shall be for Commercial Space Flight. (2) For Space Operations, $3,832,000,000, of which— (A) $3,000,000,000 shall be for the ISS program; and (B) $832,000,000 for Space and Flight Support. (3) For Science, $5,154,000,000, of which— (A) $1,800,000,000 shall be for Earth Sciences; (B) $1,400,000,000 shall be for Planetary Science; (C) $642,000,000 shall be for Astrophysics; (D) $658,000,000 shall be for the James Webb Space Telescope; and (E) $654,000,000 shall be for Heliophysics. (4) For Aeronautics, $570,000,000. (5) For Space Technology, $635,000,000. (6) For Education, $136,000,000. (7) For Cross-Agency Support Programs, $2,850,000,000. (8) For Construction and Environmental Compliance and Restoration, $610,000,000. (9) For Inspector General, $38,000,000. 102. Fiscal year 2015 There are authorized to be appropriated to NASA for fiscal year 2015, $18,462,000,000, as follows (1) For Exploration, $4,522,000,000, of which— (A) $1,725,000,000 shall be for Space Launch System; (B) $1,225,000,000 shall be for the Orion multi-purpose crew vehicle; (C) $425,000,000 shall be for Exploration Ground Systems; (D) $332,000,000 shall be for Exploration Research and Development; and (E) $815,000,000 shall be for Commercial Space Flight. (2) For Space Operations, $3,948,000,000, of which— (A) $3,103,000,000 shall be for the ISS program; and (B) $845,000,000 for Space and Flight Support. (3) For Science, $5,234,400,000, of which— (A) $1,836,000,000 shall be for Earth Sciences; (B) $1,450,000,000 shall be for Planetary Science; (C) $670,000,000 shall be for Astrophysics; (D) $645,400,000 shall be for the James Webb Space Telescope; and (E) $633,000,000 shall be for Heliophysics. (4) For Aeronautics, $581,000,000. (5) For Space Technology, $650,000,000. (6) For Education, $139,800,000. (7) For Cross-Agency Support Programs, $2,907,000,000. (8) For Construction and Environmental Compliance and Restoration, $441,000,000. (9) For Inspector General, $38,800,000. 103. Fiscal year 2016 There are authorized to be appropriated to NASA for fiscal year 2016, $18,831,000,000, as follows: (1) For Exploration, $4,660,000,000, of which— (A) $1,800,000,000 shall be for Space Launch System; (B) $1,250,000,000 shall be for the Orion multi-purpose crew vehicle; (C) $435,000,000 shall be for Exploration Ground Systems; (D) $350,000,000 shall be for Exploration Research and Development; and (E) $825,000,000 shall be for Commercial Space Flight. (2) For Space Operations, $4,010,000,000, of which— (A) $3,196,000,000 shall be for the ISS program; and (B) $814,000,000 for Space and Flight Support. (3) For Science, $5,315,800,000, of which— (A) $1,872,000,000 shall be for Earth Sciences; (B) $1,500,000,000 shall be for Planetary Science; (C) $686,800,000 shall be for Astrophysics; (D) $620,000,000 shall be for the James Webb Space Telescope; and (E) $637,000,000 shall be for Heliophysics. (4) For Aeronautics, $593,000,000. (5) For Space Technology, $665,000,000. (6) For Education, $142,000,000. (7) For Cross-Agency Support Programs, $2,965,000,000. (8) For Construction and Environmental Compliance and Restoration, $441,000,000. (9) For Inspector General, $39,200,000. II Human space flight exploration and operations A Exploration 201. Missions and destinations (a) In general Congress reaffirms that the long-term goal of the human space flight and exploration efforts of NASA shall be to expand permanent human presence beyond low-Earth orbit and to do so, where practical, in a manner involving international partners, as stated in section 202(a) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18312(a)). (b) Human exploration of Mars Section 202(b) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18312(b) (1) by striking and (2) by striking the period at the end of paragraph (4) and inserting ; and (3) by adding at the end the following: (5) to achieve human exploration of Mars, including the establishment of a capability for human habitation on the surface of Mars. . (c) Development of exploration strategy (1) In general Not later than 90 days after the date of enactment of this Act, and biennially thereafter, the Administrator shall submit to the appropriate committees of Congress a strategy to achieve the objective under section 202(b)(5) of the National Aeronautics and Space Administration Authorization Act of 2010, as amended ( 42 U.S.C. 18312(b)(5) (2) Strategy requirements In developing the strategy under paragraph (1), the Administrator shall include— (A) the utility of an expanded human presence in cis-lunar space toward enabling missions to various lunar orbits, the lunar surface, asteroids, the Mars system, and other destinations of interest for future human exploration and development; (B) the utility of an expanded human presence in cis-lunar space for economic, scientific, and technological advances; (C) the opportunities for collaboration with— (i) international partners; (ii) private industry; and (iii) other Federal agencies, including missions relevant to national security or scientific needs; (D) the opportunities specifically afforded by the ISS to support high priority scientific and technological developments useful in expanding and sustaining a human presence in cis-lunar space and beyond; (E) a range of exploration mission architectures and approaches for the missions identified under paragraph (1); and (F) standards for ensuring crew health and safety, including limits regarding radiation exposure and countermeasures necessary to meet those limits, means and methods for addressing urgent medical conditions or injuries, and other such safety, health, and medical issues that can be anticipated in the conduct of the missions identified under paragraph (1). (3) Comparison of mission architectures and approaches (A) In general The strategy shall include a comparison of mission architectures and approaches identified under paragraph (2)(E) with a primary objective of identifying the architectures and approaches that— (i) best support the long-term goal under section 202(a) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18312(a) (ii) are enabled by the Space Launch System, Orion, and other transportation capabilities and technologies provided under titles III, IV, V, and IX of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18301 et seq. (B) Factors The comparison of mission architectures and approaches under subparagraph (A) shall include options that assess cost, schedule, safety, sustainability, opportunities for international collaboration, the enabling of new markets and opportunities for U.S. private industry, compelling scientific opportunities or national security considerations and requirements, the flexibility of the architecture to adjust to evolving technologies, leadership, and priorities, and contributions made to U.S. technological excellence, competitiveness, and leadership. (C) National security collaboration In identifying opportunities for collaboration under paragraph (2)(C)(iii), the Administrator, in collaboration with the Secretary of Defense and Director of National Intelligence, shall include a discussion of the work, cost, and schedule required to enable and utilize a cargo variant of the Space Launch System, including the 70-, 105-, and 130-metric ton configurations, with both a 5-meter or 8-meter faring. (4) Additional requirements The strategy shall include— (A) technical information as needed to identify interest from the scientific and national security communities; and (B) an assessment of the Space Launch System to enable and sustain near-Earth object surveillance of potentially Earth-threatening objects for the purpose of planetary protection. 202. NASA processing and launch infrastructure (a) Policy It is the policy of the United States that the Exploration Ground Systems to process and launch the Space Launch System, Orion, and related exploration elements, and the 21st Century Space Launch Complex to enable and facilitate civil, defense, and private launches are complementary efforts to modernize infrastructure, reduce costs, and maintain capabilities for current and future missions. (b) Development of the processing and launch support infrastructure In executing the programs described under subsection (a), the Administrator, to the extent practicable— (1) may not exclude the ability of Exploration Ground Systems to support efforts under section 305(b) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18325(b) (2) shall allow for cost-sharing opportunities by providing multi-use systems and capabilities to current and future users of the 21st Century Space Launch Complex through modernization, refurbishment, or development of infrastructure; and (3) shall pursue, in collaboration with local, State, or Federal agencies, or private industry, capabilities and investments that support multiple entities to advance NASA's current and future missions and benefit NASA by creating new partnerships. (c) Improvement of launch infrastructure for access to ISS (1) In general The Administrator shall continue to improve launch infrastructure at United States facilities launching vehicles to resupply the ISS in order to ensure continuous, timely, redundant, and efficient access to the ISS. (2) Funding The budget materials for the Administration in each budget of the President for a fiscal year (as submitted to Congress pursuant to section 1105(a) of title 31, United States Code) shall specify the amount required for the Administration for such fiscal year for purposes of paragraph (1). 203. Naming of the space launch system (a) Findings Congress finds that education and outreach to encourage the next generation of scientists and engineers to become involved in science and space exploration is one of the Administration's most important missions. (b) Report Not later than 30 days after the date of enactment of this Act, the Administration shall submit to the appropriate committees of Congress a plan to engage the public, including science students in elementary and secondary education programs, throughout the United States in naming— (1) NASA's overall deep space human exploration program; and (2) the Space Launch System. 204. Report; space suit system Not later than 90 days after the date of enactment of this Act, the Administration shall submit to the appropriate committees of Congress a report updating Congress on the Constellation Space Suit System. The report shall include justification as to whether another competition to award contracts for the design, development, certification, production, and sustaining engineering of this space suit system is required to meet the needs of NASA's human exploration program. B Maximizing ISS utilization 221. Operation and utilization of the ISS (a) Sense of Congress It is the sense of Congress that— (1) maximum utilization of partnerships, scientific research, commercial applications, and exploration test bed capabilities of the ISS is essential to ensuring the greatest return on investments made by the United States and its international partners in the development, assembly, and operations of that unique facility; and (2) every effort should be made to ensure that decisions regarding the service life of the ISS are made on the basis of its projected capability to continue providing effective and productive research and exploration test bed capabilities. (b) Continuation of the international space station Congress reaffirms the policy stated in section 501(a) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18351(a) (c) NASA actions In furtherance of the policy under subsection (b), the Administrator shall ensure, to the extent practicable, that the ISS, as a designated national laboratory— (1) remains viable as an element of overall exploration and partnership strategies and approaches; (2) is considered for use by all NASA mission directorates, as appropriate, for technically appropriate scientific data gathering or technology risk reduction demonstrations; and (3) remains an effective, functional vehicle providing research and test bed capabilities for the United States through 2020, up to 2028, and possibly beyond. (d) Report The Administrator, in consultation with the Office of Science and Technology Policy, shall determine, through analyses and discussions with ISS partners, the feasible and preferred service life of the ISS as a unique scientific, commercial, and exploration-related facility. Not later than 120 days after the date of enactment of this Act, and triennially thereafter, the Administrator shall submit to the appropriate committees of Congress a report that, at a minimum, includes— (1) an assessment of whether ISS operations can be extended to at least 2028, including— (A) a description of any activities that would be required of the international partnership to ensure that safety requirements are met; (B) a general discussion of international partner capabilities and interest in extension, to include the potential for participation by additional countries; (C) a review of essential systems or equipment upgrades that would be necessary for ISS extension and utilization to at least 2028; (D) an evaluation of the cost and schedule requirements associated with the development and delivery of essential systems or equipment upgrades identified under subparagraph (C); and (E) an identification of possible partner contributions and program transitions to provide the upgrades identified under subparagraph (C); (2) an evaluation of the potential for expanding the use of ISS facilities to accommodate the needs of researchers and other users, including changes to policies, regulations, and laws that would stimulate greater private and public involvement on the ISS; and (3) such other information as may be necessary to fully describe the justification for and feasibility of extending the service life of the ISS, including the potential scientific or technological benefits to the Federal Government or public, or to academic or commercial entities that, within the United States-owned modules of the ISS or in partner-owned facilities of the ISS allocated for United States utilization by international agreement, are or may become engaged in research and testing activities sponsored, conducted, and managed by the Administration or by the ISS management entity. (e) Definition of ISS management entity In this section, the term ISS management entity 42 U.S.C. 18354(a) 222. Research roles and responsibilities (a) Sense of Congress It is the sense of Congress that— (1) expansion of the non-NASA utilization of the ISS is critical to maximizing the research potential of the ISS national laboratory and to facilitating expanded commercial activity in low-Earth orbit; and (2) in order to expand the non-NASA scientific utilization of ISS research capabilities and facilities, it is essential to clarify the roles and responsibilities of the entities managing research within the U.S. Segment of the ISS. (b) Management of the ISS national laboratory Section 504 of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18354 (1) in subsection (b), by adding at the end the following: (3) Conflicts of interest The Administrator shall ensure that the liaison function under this subsection is implemented in a manner that precludes any conflict of interest between the objectives and activities of the entities identified under subsection (e). ; (2) in subsection (d)(2)— (A) by inserting (A) In general If any NASA research plan (B) by inserting and subject to subparagraph (B) Until September 30, 2020 (C) by adding at the end the following: (B) Mutual agreement An exception under subparagraph (A) may only be granted if there is mutual agreement between the entities identified under subsection (e). ; and (3) by adding at the end the following: (e) Clarification of roles The organization with which the Administrator enters into a cooperative agreement under subsection (a) for management of the ISS national laboratory shall be considered a separate and equal partner of any NASA organizational entity responsible for management of the NASA research plan onboard the ISS. . (c) Report (1) In general Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on the following: (A) Options for expanding the Administration’s collaboration with its ISS partners, including— (i) providing U.S. personnel expanded access to international partner research facilities; and (ii) coordinating research efforts to minimize the duplication of effort, unless duplication is a justified element of the scientific process or essential for backup or redundant capability. (B) The potential for increasing ISS crew size to maximize utilization and applications. (C) Efforts undertaken by the Administration and the ISS management entity— (i) to enhance collaborative research between the Administration and other Federal science agencies, such as the National Institutes of Health and the National Science Foundation; and (ii) to expand the use of the ISS national laboratory capabilities by Federal science agencies. (2) Definition of ISS management entity In this subsection, the term ISS management entity 223. ISS national laboratory; property rights in inventions Section 20135 (1) in subsection (g), by striking Each such waiver Except as provided under subsection (l), each such waiver (2) by adding at the end the following: (l) Waiver of rights to inventions; commercial microgravity research (1) In general With respect to any invention or class of inventions made or which may be made by any person or class of persons in the performance of any non-NASA scientific utilization of the ISS national laboratory, the Administrator may waive the license reserved by the Administrator under subsection (g), in whole or in part and according to negotiated terms and conditions, including the terms and conditions under paragraphs (1), (2), (3), and (5) of section 202(c) (2) Construction Nothing in this subsection shall be construed to affect the rights of the Federal Government under any other procurement contract, grant, understanding, arrangement, agreement, or transaction. . 224. Commercial cargo and crew capabilities (a) Findings Congress finds that— (1) NASA’s Commercial Orbital Transportation Services, Cargo Resupply Services, and Commercial Crew Program demonstrate the potential for procuring routine, commercially provided access to the ISS and to low-Earth orbit using innovative and cost-effective development and procurement strategies; (2) Federal investments in the U.S. private space industry have the ability to provide for lower cost access to space for researchers and for commercial ventures; (3) commercially provided space transportation is critical to maximizing utilization of the ISS; (4) encouraging competition among launch service providers and maintaining multiple space transportation options helps to reduce long-term costs to the Federal Government and to induce continual improvement in available private-sector services; and (5) consistent with section 201(b) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18311(b)), maintaining multiple launch service providers helps ensure uninterrupted access to the space environment should a particular provider’s services become unavailable. (b) Sense of Congress It is the sense of Congress that the Administration— (1) should continue to support the development of safe, reliable, and cost effective commercial launch capabilities for the primary purpose of securing domestic access to the ISS as quickly and safely as possible; and (2) should encourage a viable commercial market for the capabilities under paragraph (1). (c) United States policy It is the policy of the United States that, to foster the competitive development, operation, and improvement of private space transportation services, services for Federal Government access to and return from the ISS, whenever feasible, shall be procured via fair and open competition for well-defined, milestone-based, Federal Acquisition Regulation-based contracts under section 201(a) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18311(a)). (d) Selection of commercial providers In evaluating commercial space transportation service providers, the Administrator— (1) shall aim to minimize the life-cycle costs of obtaining transportation services; (2) shall assure compliance with all safety and mission assurance requirements; (3) shall consider contractor financial investment into the development of transportation capabilities; and (4) for commercial crew transport services— (A) shall consider flexibility in design, including sample return capabilities; and (B) shall provide a written notification and justification to the appropriate committees of Congress if the price per seat exceeds the cost negotiated by NASA for crew transport in April 2013. (5) Strategy for procuring commercial services In implementing the policy under subsection (c), the Administrator shall submit to the appropriate committees of Congress, not later than 120 days after the date of enactment of this Act, a strategy for transitioning from Space Act Agreements to Federal Acquisition Regulation-based contracts for the procurement of crew transportation services to and from the ISS. The strategy shall include— (A) a comparison of potential procurement strategies based on— (i) maximizing safety and mission assurance; (ii) the total projected costs to the Federal Government through 2020, given multiple projections of Government demand for launch services; (iii) the feasibility of the procurement strategy and timeline, given projected funding availabilities; (iv) the potential for supporting the research and exploration test bed needs of the Federal Government and of the independent entity responsible for ISS national laboratory activities for the purposes described under section 504(d) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18354(d) (v) the projected impacts on developing a viable market for commercial launch services; (B) an evaluation of the costs and benefits of ensuring the availability of at least 2 U.S.-based launch service providers, considering— (i) the potential need for diversified cargo and sample return capabilities, including a soft-landing capability as described under section 404 of the National Aeronautics and Space Administration Authorization Act of 2010 (124 Stat. 2822); and (ii) the ability of multiple cargo or crew launch service providers to meet private or non-NASA Government mission requirements and the subsequent benefit to the United States of such ability; (C) justification for the procurement strategy selected from among those considered; and (D) for the selected procurement strategy, identification of additional or modified authorities, regulations, or guidelines that are necessary for successful implementation. C Other matters 231. Safety and mission assurance in human space flight (a) Findings Congress makes the following findings: (1) In the early part of the space race, the United States took over 3 years from the launch of the first American satellite, Explorer I, to the launch of the first American to space, Alan B. Shepard, Jr. (2) It was known then, as it is now, that the exploration of space by humans is an inherently dangerous endeavor. (3) Access to space requires complex propulsion systems, such as the now retired Space Shuttle, which generated over 7,000,000 pounds of thrust. (4) Adding humans to the complex systems required to reach space requires additional safeguards, life support systems, and other measures to protect from the harsh environment of space in order to minimize risk to human life. (b) Sense of Congress It is the sense of Congress that— (1) meticulousness and attention to detail helps ensure that all humans are safe and protected to the best of the abilities of all those involved in helping achieve the reaches of space; (2) those who strive to send humans into space should make every effort to ensure the success of missions and programs through independent safety and mission assurance analyses; (3) diligent oversight efforts ensure adherence to safety, reliability, and quality assurance policies and procedures for missions and programs; and (4) lessons learned from mishaps and near misses should be implemented into designs, decisions, policy, and procedures to reduce the risk of future incidents that could jeopardize crew safety or mission success. 232. Launch liability provisions (a) Liability extension Section 50915(f) December 31, 2013 December 31, 2016 (b) Protection for launch activities Subchapter III of chapter 201 20148. Indemnification; NASA launch services (a) In general Under such regulations in conformity with this section as the Administrator shall prescribe taking into account the availability, cost, and terms of liability insurance, any contract between the Administration and a provider may provide that the United States will indemnify a provider against claims (including reasonable expenses of litigation or settlement) by third parties for death, bodily injury, or loss of or damage to property resulting from activities that the contract defines as unusually hazardous or nuclear in nature, but— (1) only to the extent that such claims are not compensated by liability insurance of the provider; and (2) only to the extent that such claims arise out of the direct performance of the contract. (b) Limitation Indemnification under subsection (a) may be limited to claims resulting from other than the actual negligence or willful misconduct of the provider. (c) Terms of indemnification A contract made under subsection (a) that provides indemnification shall also provide for— (1) notice to the United States of any claim or suit against the provider for death, bodily injury, or loss of or damage to property; and (2) control of or assistance in the defense by the United States, at its election, of that suit or claim. (d) Liability insurance of the provider Each provider that is a party to a contract made under subsection (a) shall have and maintain liability insurance in such amounts as the Administrator shall require to cover liability to third parties and loss of or damage to property. (e) No indemnification without cross-Waiver Notwithstanding subsection (a), the Administrator may not indemnify a provider under this section unless there is a cross-waiver between the Administration and the provider as described in subsection (f). (f) Cross-Waivers The Administrator, on behalf of the United States, and its departments, agencies, and instrumentalities, may reciprocally waive claims with a provider under which each party to the waiver agrees to be responsible, and agrees to ensure that its own related entities are responsible, for damage or loss to its property for which it is responsible, or for losses resulting from any injury or death sustained by its own employees or agents, as a result of activities arising out of the performance of the contract. (g) Certification of just and reasonable amount No payment may be made under subsection (a) unless the Administrator or the Administrator's designee certifies that the amount is just and reasonable. (h) Payments Upon the approval by the Administrator, payments under subsection (a) may be made, at the Administrator's election, either from— (1) funds obligated for the performance of the contract concerned; (2) funds available for research and development not otherwise obligated; or (3) funds appropriated for such payments. (i) Application of certain provisions If the Administrator requests additional appropriations to make payments under this section, then the request for those appropriations shall be made in accordance with the procedures established under section 50915. The Administrator shall not authorize payments under subsection (h) of this section, except to the extent provided in an appropriation law or to the extent additional legislative authority is enacted providing for such payments. Notwithstanding any other provision of this section, all obligations under this section are subject to the availability of funds, and nothing in this section shall be interpreted to require obligation or payment of funds in violation of the Anti-Deficiency Act (31 U.S.C. 1341). (j) Relationship to other laws The Administrator may not provide indemnification under this section for an activity that requires a license or permit under chapter 509. (k) Construction The authority to indemnify under this section shall not create any rights in third persons that would not otherwise exist by law. (l) Definitions In this section: (1) Launch services The term launch services (2) Provider The term provider (3) Related entity The term related entity . (c) Conforming amendment The table of contents for subchapter III of chapter 201 20148. Indemnification; NASA launch services. . 233. Termination liability (a) Sense of Congress It is the sense of Congress that— (1) while NASA’s rate of contract termination is relatively low, the proper management of termination liability is essential to minimizing the government’s cost risk and to ensuring that taxpayer funding properly supports meeting NASA contract performance goals; (2) maintaining the Administration’s flexibility in executing termination liability provisions helps NASA to effectively manage its cost risks, given the circumstances relevant to individual contracts; (3) current statute provides the Administration with broad leeway in determining the amount of and managing its termination liability reserves; and (4) the concerns noted in 2011 by the Comptroller General, who found that NASA had not successfully monitored potential termination liability costs or enforced related procedures, must be addressed in order to ensure the best use of taxpayer funds. (b) Report Not later than 90 days after the date of enactment of this Act, the Administrator shall deliver to the appropriate committees of Congress a review of its current termination liability practices and the benefits of potential alternatives. The report shall include – (1) an accounting of the total budget currently held in reserve, by either the Administration or a contractor, to cover termination liability for the Space Launch System and Orion programs; (2) an accounting of the current cost risk of termination liability for the Space Launch System and Orion programs; (3) a description of the guidelines by which the Administration determines the appropriate level of termination liability and monitors potential termination liability costs over the lifetime of a contract; (4) a descriptive list of alternative frameworks for managing termination liability, including frameworks wherein neither NASA nor the contractor holds funds in reserve to cover termination liability; (5) a comparison demonstrating the benefits and drawbacks of the current and alternative termination liability frameworks; and (6) a description of any statutory changes that may be required to implement alternative termination liability frameworks, which may include permitting the Administration to pool reserves across programs or to apply current year appropriations towards liability payments. (c) GAO review Concurrent with the delivery of the report to the appropriate committees of Congress, the Administration shall submit the report for review by the Comptroller General. Not later than 30 days after the date that NASA receives the report, the Comptroller General shall deliver to Congress an assessment of the potential for continued improvement relative to the previous GAO review of NASA termination liability, conducted in 2011. III Science A Earth Science 301. Earth science (a) Findings Congress finds that— (1) continuous, long-term Earth observation data supports the preparation for and management of natural and human-induced disasters, benefits resource management and agricultural forecasting, improves our understanding of climate, and encourages environmental and economic sustainability; (2) due to the scope of activities required, Earth science research and Earth observation are multi-agency endeavors requiring significant cooperation and information sharing among government, international, and scientific community partners; (3) in developing Earth observation technologies, conducting Earth science satellite missions, and providing research products to the scientific community, NASA plays a crucial role in advancing Earth science; and (4) the loss of observational capabilities in Earth science, as predicted by the National Research Council’s midterm update to its Earth Science Decadal Survey, risks reversing gains in weather forecast accuracy, reducing disaster response capabilities, and creating an irreversible gap in Earth science data. (b) Sense of Congress It is the sense of Congress that— (1) given the importance of Earth science and Earth observation data, NASA Earth science efforts— (A) should be conducted in coordination with other Federal agencies; and (B) should be cognizant of international efforts and the needs of the scientific and businesses communities; and (2) whenever feasible, NASA and other Federal agencies should consider the potential for reducing costs by purchasing commercially available Earth science data and services while maintaining free and open data policies. (c) Mission prioritization (1) National strategy for Earth observation The Office of Science and Technology Policy, in implementing its National Strategy for Earth Observation and in developing a National Plan for Civil Earth Observations, shall prioritize Federal Earth science and observation investments based on— (A) its assessment of Earth science and observation data requirements; (B) the capability requirements as identified by the National Academies decadal surveys; (C) the projected costs of Earth science missions and data gathering activities; and (D) the projected and available budgets. (2) National plan for civil Earth observations The Administration, in prioritizing future Earth science and Earth observation missions and technology development under the National Plan for Civil Earth Observations and chapter 201 of title 51, United States Code, shall consider potential cost-reduction opportunities, including— (A) if feasible, co-locating Earth science sensors on other satellites; and (B) purchasing commercially available services, such as launch access to orbital and sub-orbital space, and Earth science data with free and open data policies. (d) Deep space climate observatory The Administrator shall continue to develop and integrate the National Institute of Standards and Technology Advanced Radiometer, the Earth Polychromatic Imaging Camera, and related hardware and software onto the Deep Space Climate Observatory. 302. Land remote sensing (a) Reaffirmation of finding Congress reaffirms the finding in section 2(1) of the Land Remote Sensing Policy Act of 1992 ( Public Law 102–555 [t]he continuous collection and utilization of land remote sensing data from space are of major benefit in studying and understanding human impacts on the global environment, in managing the Earth's natural resources, in carrying out national security functions, and in planning and conducting many other activities of scientific, economic, and social importance (b) Findings Congress makes the following findings: (1) Since 1972, the Landsat program has provided standardized scientific data, the continuity of which is essential to ensuring the value of Landsat in monitoring the environment, modeling and detecting changes in the global supply of natural resources, and updating maps relevant to national security. (2) Landsat data engages and benefits a broad group of national stakeholders, from Landsat data processors in South Dakota to coastal restoration planners in Louisiana, forest managers in Colorado, Texas, and West Virginia, fire risk assessors in California, and beyond. (3) The May 2013 operationalization of Landsat 8 is especially notable given the dramatic increase in the usage and economic value of Landsat data which has occurred since the 2008 adoption of free and open data policies. (4) Rapidly proceeding with the definition and construction of the next global land-imaging system, Landsat 9 offers the potential for cost savings by taking advantage of the standing infrastructure and flight hardware used to construct Landsat 8 to sustain the highly successful Landsat partnership between the Administration and the United States Geological Survey. (5) According to the report of the National Academies of Sciences entitled Future U.S. Workforce on Geospatial Intelligence (c) System definition and procurement of next global land-imaging system The Administrator shall use existing studies and data to initiate system definition and procurement of the next global land-imaging system in a manner consistent with continuing Earth remote sensing data collection over multi-decade time periods. (d) Support for education in remote sensing disciplines The Administrator shall, to the extent practicable within funds available to the Administration, seek partnerships with institutions of higher education, and other Federal agencies, to support education of the next generation of remote sensing engineers, scientists, and analysts. B Space Science 321. Human exploration and science collaboration The Administrator shall ensure that the Science Mission Directorate and the Human Exploration and Operations Mission Directorate coordinate in researching and reducing the risks that space exploration beyond low-Earth orbit pose to astronaut health. Not later than 90 days after the date of enactment of this Act, the Administrator shall provide to the appropriate committees of Congress a report detailing the results of previous research in this area and identifying opportunities for future science missions to contribute to the understanding of these risks. 322. Maintaining a balanced space science portfolio (a) In general Section 803 of the National Aeronautics and Space Administration Authorization Act of 2010 (124 Stat. 2832) is amended to read as follows: 803. Overall science portfolio; sense of Congress Congress reaffirms its sense that a balanced and adequately funded set of activities, consisting of research and analysis grants programs, technology development, small, medium, and large space missions, and suborbital research activities, contributes to a robust and productive science program and serves as a catalysis for innovation and discovery. The Administrator should set science priorities by following the guidance provided by the scientific community through the National Academies’ decadal surveys. . (b) Conforming amendment The item relating to section 803 in the table of contents in section 1(b) of the National Aeronautics and Space Administration Authorization Act of 2010 (124 Stat. 2806) is amended by striking Overall science portfolio-sense of the Congress Overall science portfolio; sense of Congress 323. Science mission extensions Section 30504 of title 51, United States Code is amended to read as follows: 30504. Assessment of science mission extensions (a) Assessment The Administrator shall carry out biennial reviews within each of the Science divisions to assess the cost and benefits of extending the date of the termination of data collection for those missions that have exceeded their planned mission lifetime. In conducting these assessments, the Administrator shall consider— (1) the potential continued benefit of instruments on missions that are beyond their planned mission lifetime; and (2) the cost and schedule impacts, if any, of mission extension on other NASA activities and science missions. (b) Consultation requirement When deciding whether to extend science missions with an operational component, the Administrator shall consult with the National Oceanic and Atmospheric Administration and any other affected Federal agency. . 324. Planetary science (a) Findings Congress finds that— (1) Administration support for planetary science is critical to enabling greater understanding of the solar system and its origin; (2) the United States leads the world in planetary science and can augment its success with appropriate international partnerships; (3) a mix of small-, medium-, and large-planetary science missions is required to sustain a steady cadence of planetary exploration; and (4) robotic planetary exploration is a key component of preparing for future human exploration. (b) Mission priorities In accordance with the priorities established in the most recent decadal survey for planetary science, the Administrator shall ensure, to the greatest extent practicable, the completion of a balanced set of Discovery, New Frontiers, and flagship missions. Consistent with this balanced mix of missions and maintaining the continuity of scientific data and steady development of capabilities and technologies, the Administrator may seek, if necessary, adjustments to mission priorities, schedule, and scope in light of changing budget projections. (c) Instrumentation To support its science mission priorities, the Administration shall invest in a sustained program to develop or mature scientific instrument capabilities, as delineated in the NASA Science Instruments, Observatories, and Sensor Systems Roadmap. 325. Space weather (a) OSTP roadmap In coordination with NASA, the National Oceanic and Atmospheric Administration, and other relevant Federal agencies, the Director of the Office of Science and Technology Policy, not later than 24 months after the date of enactment of this Act, shall deliver to the appropriate committees of Congress a roadmap for developing and deploying space weather forecasting technologies. The roadmap shall, at a minimum— (1) aim to relieve capability gaps identified by the National Space Weather Program Council review of space weather observing systems, as requested by the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18301 et seq. (2) consider ongoing and future requirements for space weather modeling, monitoring, and prediction. (b) NASA technology roadmaps The Administration shall update and further develop its technology roadmaps as required to address mitigating a wide range of space weather effects on both satellites and spacecraft. (c) Alert protocol The Director of the Office of Science and Technology Policy shall coordinate relevant Federal agencies to propose protocols for communicating and responding to space weather forecasts. Protocol assessment shall consider the needs of both government and private sector entities. The Director of the Office of Science and Technology Policy shall deliver a report on proposed protocols to Congress not later than 24 months after the date of enactment of this Act. 326. James Webb space telescope It is the sense of Congress that— (1) the James Webb Space Telescope will significantly advance our understanding of star and planet formation, improve our knowledge of the early universe, and support U.S. leadership in astrophysics; (2) significant progress has been made with regard to overcoming the James Webb Space Telescope’s technical challenges and in improving NASA management oversight; (3) the on-time and on-budget completion of the James Webb Space Telescope should remain a top NASA priority; and (4) consistent with annual Government Accountability Office reviews of the James Webb Space Telescope program, the Administrator should continue to improve the James Webb Space Telescope's cost and schedule estimates and oversight procedures in order to enhance NASA’s ability to successfully deliver the James Webb Space Telescope on time and on budget. 327. University class science missions (a) Sense of Congress It is the sense of Congress that principal investigator-led suborbital and small orbital science missions, including CubeSat, University Explorer (UNEX), Small Explorer (SMEX), and Venture class missions, offer valuable, lower-cost opportunities to advance science, train the next generation of scientists and engineers, and provide opportunities for program participants to acquire skills in systems engineering and systems integration that are critical to maintaining the Nation’s leadership in space. The use of public-private partnerships and commercial contracting are important means for sustaining lower costs. (b) Review of principal investigator led suborbital and small orbital science missions (1) In general Not later than 120 days after the date of enactment of this Act, the Administrator, in collaboration with the Director of the National Science Foundation, shall enter into an arrangement with the National Academy of Sciences to conduct a review of suborbital and small orbital science missions, including those described under subsection (a). (2) Requirements The review under paragraph (1) shall include the following: (A) The status, capability, and availability of existing suborbital and small orbital science mission programs in which the missions are led by principal investigators and enable significant participation by university scientists and students. (B) The opportunities that suborbital and small orbital science missions provide for scientific research, training, and education, including scientific and engineering workforce development. (C) The use of commercial applications, such as hosted payloads, free flyers, data buys, secondary payloads, and commercial launches further the goals of suborbital and small orbital science missions, while preserving the principle of independent peer review as the basis for mission selection. (c) Report (1) In general Not later than 15 months after the date of enactment of this Act, the Administrator and the Director of the National Science Foundation shall submit to the appropriate committees of Congress a report on the review required by this section. (2) Contents The report shall include— (A) a summary of the review under subsection (b); (B) the findings of the Administrator and the Director of the National Science Foundation with respect to that review; and (C) recommendations regarding principal investigator led suborbital and small orbital science missions conducted by the Administration and the National Science Foundation. IV Aeronautics 401. NASA aeronautics (a) Findings Congress finds that— (1) aviation is vital to the United States economy, with the industry supporting nearly 1,000,000 jobs, conducting nearly 10,000,000 commercial flights per year within the United States alone, and contributing to the aerospace industry’s positive trade balance in 2012; (2) in helping test and mature new technologies for quiet and efficient air transportation, NASA’s Aeronautics Research Mission Directorate addresses major aviation trends, such as the rapid growth in passengers, increasing fuel costs, and the demand for faster vehicles; (3) the Directorate works closely with industry and academia to address long-term challenges to the air transportation system that require improving aviation safety, increasing the capacity of the increasingly crowded national airspace system, and reducing environmental impacts; (4) through its Aeronautics Test Program, the Directorate manages the flight operations and test infrastructure at 4 NASA centers, providing both NASA and its industry partners with access to critical facilities; (5) NASA’s contribution to aeronautics is evidenced in the use of its technologies in almost every modern aircraft; and (6) the Directorate has identified otherwise unknown safety issues and helped optimize aircraft routes, yielding millions of dollars in potential savings to airlines and benefitting passengers. (b) Sense of Congress It is the sense of Congress that— (1) the Aeronautics Research Mission Directorate builds on the successful legacy of NASA’s predecessor, the National Advisory Committee for Aeronautics, which worked closely with industry partners to advance both military and civil aviation until its dissolution in 1958; (2) NASA aeronautics research, development, and test activities, including investments into composite structures, new fuels, and innovative aircraft concepts, must continue in order to support U.S. leadership in aviation; (3) the Directorate’s efforts to collaborate with the aviation industry to gather and analyze data and to prototype and test algorithms that optimize flight routes, manage air traffic, and account for weather impacts are critical to supporting the safe use of the national airspace; (4) continued cooperation between NASA’s Aeronautics Research Mission Directorate and the Federal Aviation Administration is vital to providing the data and tools necessary to best regulate the national airspace and to ensure that new technologies are effectively tested and acquire timely regulatory approval; and (5) continued cooperation between NASA’s Aeronautics Research Mission Directorate and the Department of Defense is vital to providing technical expertise, research, and experimental and test facilities for a broad range of aeronautics research and development, including hypersonics and rotorcraft. (c) Advanced Composites Project (1) In general The Administrator shall carry out an Advanced Composites Project to accelerate the use of advanced composite materials in aircraft. To implement the project, the Administrator shall enter into a public-private partnership between the Administration and appropriate private sector entities. The partnership shall be called the Advanced Composites Consortium (2) Participation and coordination with other Federal agencies The partnership to implement the project— (A) may include other Federal agencies if the Administrator determines that the participation of such agencies in the partnership will further the purpose of the partnership; and (B) shall coordinate with the Joint Advanced Materials and Structures Center of Excellence of the Federal Aviation Administration. (3) Purpose The purpose of the Advanced Composites Project shall be to accelerate the development and certification of advanced composite materials and structures for use in commercial and military aircraft. The partnership shall foster collaboration with the private sector, and with other Federal agencies, in order to accomplish the purpose of the project. V Space technology 501. Space technology (a) Sense of Congress It is the sense of the Congress that— (1) previous investments in space technologies have not only enabled space exploration and research missions, but also have improved the quality of life on Earth; (2) by improving affordability, reliability, and operational capability, continued space technology developments will enable NASA missions that otherwise would be unachievable; (3) investments in space technology engage the talent of the Administration and of the Nation’s academic and business enterprises; and (4) space technology roadmaps serve as a useful framework for NASA, academic, and industry development efforts. (b) Space technology directive To advance NASA’s space exploration and space research goals, the Administrator shall continue a program with responsibility for NASA investments in space technologies and capabilities. To the greatest extent possible, the Administrator shall synergize all NASA space technology investments, encourage collaboration in space technology development with academia and industry, and minimize duplication of space technology development efforts across the Administration and the private sector unless duplication is required to maintain mission safety, security, or backup capability. (c) Space technology roadmap report In carrying out the policy under subsection (b), the Administrator shall submit to the appropriate committees of Congress, not later than 24 months after the date of enactment of this Act, a progress report on the development, testing, and demonstration of the 14 technological areas of the Space Technology Roadmaps. (d) Flight opportunities (1) Development of payloads In order to do necessary research, the Administrator shall continue and, as appropriate, expand the development of technology payloads that investigate improved capabilities and scientific research. (2) Flight opportunities for payloads The Administrator shall provide flight opportunities for such payloads to microgravity environments and suborbital altitudes as authorized by section 907 of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18405 (e) Report repeal Notwithstanding any other provision of law, the Administration is not required to compile or submit the annual report on the Innovative Partnerships Program under section 1107(c) of the National Aeronautics and Space Administration Authorization Act of 2008 (122 Stat. 4779). VI Education 601. Education and outreach activities (a) Sense of Congress It is the sense of Congress that— (1) the Administration is uniquely recognized in the educational and global communities for its aerospace knowledge, passionate workforce, and unique capabilities and facilities; (2) U.S. competitiveness in aerospace requires engaging the science, technology, engineering, and mathematics (STEM) talent in all States and jurisdictions; (3) the Administration’s education and outreach programs, including the Experimental Program to Stimulate Competitive Research (EPSCoR) and the Space Grant College and Fellowship Program, reflect the Administration’s successful commitment to growing and diversifying the national science and engineering workforce; (4) the Administration’s outreach efforts to underrepresented and underserved communities, by helping minorities to pursue higher education in STEM fields and to attain STEM careers, benefit the overall national workforce; and (5) the Administration’s efforts to improve the management and execution of its education portfolio and to evaluate program success using evidence-based approaches should continue. (b) In general The Administration shall— (1) continue to execute its educational and outreach programs, including providing a wide range of academic research opportunities and engaging the public interest in science, technology, engineering and mathematics; (2) continue to collaborate with minority institutions (as defined in section 365 of title III of the Higher Education Act of 1965 ( 20 U.S.C. 1067k (3) seek partnerships with industry, academia, and with other communities to best respond to the Nation’s aerospace-related educational and workforce needs. (c) Space grant To enhance the United States STEM education and workforce, the Administrator shall continue to operate the National Space Grant College and Fellowship program through a national network consisting of a state-based consortium in each State (as defined under section 40302 VII Other matters 701. Sense of Congress on NASA's cross agency support (a) Findings Congress makes the following findings: (1) Cross Agency Support operates and maintains the Administration’s centers and facilities, including headquarters, enabling the accomplishment of the Administration’s missions while protecting human health and the environment. (2) Cross Agency Support provides for the unique facilities, skilled personnel, and administrative support that NASA programs, research, and development activities require at the centers. (3) Cross Agency Support provides the Administration with the capability to improve mission success by supplying safety and mission assurance, engineering technical authority, and health and medical oversight across all of NASA's programs, research, and operations. (4) The Orbital Debris Program Office is located in Cross Agency Support and leads the Administration’s effort in addressing the orbital debris issue, which is an issue resulting from over 50 years of spaceflight. (5) Cross Agency Support delivers the information technology services used throughout the Administration that allow its workforce to work and communicate efficiently and effectively, not only internal to the Administration, but with the citizens of the world which provides them the opportunity to be included and participate in the Administration’s accomplishments. (6) The Administration’s public affairs, located in Cross Agency Support, provided worldwide live coverage of the Curiosity Rover’s landing on Mars, the largest rover ever sent to Mars, in August of 2012. (7) The authority and execution of the Administration’s offices responsible for finance, budget, acquisition, external relations, legislative affairs, training, security, and human capital management are performed under Cross Agency Support. (b) Sense of Congress It is the sense of Congress that— (1) Cross Agency Support represents a variety of functions vital to the strength and success of the Administration and is essential to the Administration’s vision; (2) the centers and facilities in the Administration are a vital part of the many advances in science and technology the Administration has provided and continues to provide to this Nation and the world since the Administration was created in 1958; (3) at the Administration’s core is safety and mission success that, through Cross Agency Support, is carried out by the highly talented and dedicated workforce at the Administration’s centers and facilities; (4) as the Administration looks to continue international, interagency, and industry cooperation and partnerships, Cross Agency Support will continue to provide the overseeing and execution of these efforts; and (5) Cross Agency Support be given the necessary resources to keep the Administration capable of meeting the goals set forth by Congress and continue to be a global leader in space and aeronautics. 702. Space communications network (a) Plan The Administrator shall prepare an updated plan for NASA’s near-Earth, space, and deep space communications network and infrastructure. The plan shall— (1) identify steps to sustain the existing network and infrastructure; (2) assess the capabilities, including any upgrades, needed to support NASA’s programs; (3) identify priorities for how resources should be used to implement the plan; and (4) assess the impact on missions if resources are not secured at the level needed. (b) Transmittal Not later than 270 days after the date of enactment of this Act, the Administrator shall transmit the plan to the appropriate committees of Congress. 703. Astronaut occupational healthcare (a) In general Chapter 313 of title 51, United States Code, is amended by adding at the end the following: 31303. Astronaut occupational healthcare (a) In general Notwithstanding any other provision of law, the Administrator, as the Administrator considers necessary, may provide for the medical monitoring, diagnosis, and treatment of a crewmember for conditions that the Administrator considers associated with human space flight, including scientific and medical tests for psychological and medical conditions. (b) Records Consistent with applicable Federal privacy laws, the Administration shall retain access to all medical records and other health data from the provision of healthcare under subsection (a). (c) Definition of crewmember In this section, the term crewmember (1) a former NASA astronaut/payload specialist who has flown on at least 1 space mission; (2) a management NASA astronaut who has flown at least 1 space mission and is currently employed by the U.S. Government; or (3) an active NASA astronaut/payload specialist assigned, waiting assignment, or training for an assignment to a NASA human space flight. . (b) Conforming amendment The table of contents for chapter 313 31303. Astronaut occupational healthcare. . 704. Helium capture and recovery (a) In general Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress an agency-wide plan to recover and recycle helium, whenever possible, that the Administration uses or will use in current, planned, and future experimentation, tests, launches, and operations. (b) Considerations In developing the plan under subsection (a), the Administrator shall consider how modifications, updates, or new lifecycle designs for engines, balloons, airships, or other future programs can be designed or operated to recover and recycle helium. 705. Information technology governance (a) Sense of Congress It is the sense of Congress that effective information technology governance is critical to ensuring information security, decreased costs, and overall mission assurance. The June 5, 2013, NASA Office of Inspector General audit, NASA’s Information Technology Governance, (b) Information technology governance The Administrator shall, in consultation with Mission Directorate and NASA Center Chief Information Officers— (1) ensure the Agency Chief Information Officer has the appropriate resources and visibility to oversee agency-wide information technology operations and investments; (2) establish a direct line of report between the Agency Chief Information Officer and the Administrator; (3) establish a minimum monetary threshold for all agency information technology investments over which the Agency Chief Information Officer shall have final approval; and (4) consider appropriate revisions to the charters of information technology boards and councils that inform information technology investment and operation decisions. 706. Improvements to baselines and cost controls breach reporting process Section 30104 (1) in subsection (d)(3)— (A) by striking the notification (B) by inserting the notification and a timeline by which the Administrator intends to make the determination, report, and analysis under subsection (e) (2) in subsection (e)(1), by striking Not later than 30 days after receiving a written notification under subsection (d)(2) In accordance with the timeline under subsection (d)(3) (3) in subsection (e)(1)(A), by striking not later than 15 days after making the determination in accordance with the timeline under subsection (d)(3) (4) in subsection (e)(2), by striking not later than 6 months after the Administrator makes a determination under this subsection in accordance with the timeline under subsection (d)(3) (5) in subsection (f), by inserting or an annual budget request that reflects this growth a report under subsection (e)(1)(A) 707. Infrastructure (a) Sense of Congress It is the sense of Congress that— (1) the Administration has a role in providing access to unique or specialized laboratory capabilities that are not yet economically viable for purchase by commercial entities and therefore are not available outside of NASA; (2) the Administration must improve the condition of its relevant facilities and infrastructure to maintain the competitiveness of the U.S. aerospace industry; (3) to ensure continued researcher access to reliable and efficient world-class facilities, the Administration should continue to seek to establish strategic partnerships with other Federal agencies, academic institutions, and industry, as appropriate; and (4) decisions regarding whether to dispose of, maintain, or modernize existing facilities and other infrastructure must be made in the context of meeting the future needs of the Administration. (b) Plan Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a plan for retaining, acquiring, or disposing of the facilities, laboratories, equipment, test capabilities, and other infrastructure necessary to meet the Administration's mandates and its current and future missions. The plan shall— (1) identify the Administration's future infrastructure needs, including facilities, laboratories, equipment, and test capabilities; (2) include a strategy for identifying and removing unnecessary or duplicative infrastructure consistent with the national strategic direction under the National Space Policy, the National Aeronautics Research, Development, Test and Evaluation Infrastructure Plan, the National Aeronautics and Space Administration Authorization Act of 2010, title 51 of the United States Code, and other Administration-related law; (3) include a strategy for the maintenance, repair, upgrading, and modernization of the Administration’s facilities, laboratories, equipment, and other infrastructure not being excessed or disposed of; (4) recommend criteria for prioritizing deferred maintenance tasks and for upgrading or modernizing facilities, laboratories, equipment, and other infrastructure; (5) include an assessment , including cost-effectiveness, of any modifications needed to maximize the use of facilities, laboratories, equipment, and other infrastructure that offer unique and highly specialized benefits to the aerospace industry and the public; and (6) include recommendations for implementation, including a timeline, milestones, and an estimate of the resources required for carrying out the plan. (c) Establishment of capital funds The Administrator shall establish a capital fund at each of NASA’s field centers for the modernization of facilities, laboratories, equipment, and other infrastructure in accordance with the plan under subsection (b). The Administrator shall ensure, to the greatest extent practicable, that any financial savings achieved by closing an outdated or surplus facility at a NASA field center is made available to that field center’s capital fund for the purpose of modernizing that field center’s facilities, laboratories, equipment, and other infrastructure in accordance with the plan under subsection (b). 708. Commercial launch cooperation (a) In general Chapter 505 50507. Commercial launch cooperation (a) Authority for agreements relating to space transportation infrastructure Notwithstanding section 50504, the Administrator— (1) may enter into an agreement with a covered entity to provide the covered entity with support and services related to the space transportation infrastructure of the Administration; and (2) at the request of the covered entity, may include that support and services in the launch and reentry range support requirements of the Administration if— (A) the Administrator determines that including that support and services in the requirements— (i) is in the best interest of the Federal Government; (ii) does not interfere with the requirements of the Administration; and (iii) does not compete with the commercial space activities of other covered entities, unless that competition is in the national security interests of the United States; and (B) any commercial requirement included in the agreement has full non-Federal funding before the execution of the agreement. (b) Contributions (1) In general The Administrator may enter into an agreement with a covered entity on a cooperative and voluntary basis to accept contributions of funds, services, and equipment to carry out this section. (2) Use of contributions Any funds, services, or equipment accepted by the Administrator under this subsection— (A) may be used only for the objectives specified in this section in accordance with terms of use set forth in the agreement entered into under this subsection; and (B) shall be managed by the Administrator in accordance with regulations of the Administration. (3) Requirements with respect to agreements An agreement entered into with a covered entity under this subsection shall— (A) address the terms of use, ownership, and disposition of the funds, services, or equipment contributed pursuant to the agreement; and (B) include a provision that the covered entity will not recover the costs of its contribution through any other agreement with the United States. (c) Annual report Not later than January 31 of each year, the Administrator shall submit to its congressional oversight committees a report on the funds, services, and equipment accepted and used by the Administrator under this section during the preceding fiscal year. (d) Regulations The Administrator shall prescribe regulations to carry out this section. (e) Definition of covered entity In this section, the term covered entity (1) is organized under the laws of the United States or of any jurisdiction within the United States; and (2) is engaged in commercial space activities. . (b) Clerical amendment The table of contents for chapter 505 50507. Commercial launch cooperation. . 709. Knowledge management (a) Sense of Congress It is the sense of the Congress that— (1) the Administration's success relies heavily on the accumulated technical knowledge of its skilled civil servant and contractor workforce; (2) in light of an aging workforce, it is imperative that the Administration preserve, to the maximum extent possible, both critical technical skills and all knowledge valuable to future mission planning and operation; and (3) exercising best practice knowledge management systems within the Administration will benefit the future NASA workforce and help ensure future mission successes. (b) Knowledge management system The Administrator shall establish an Administration-wide knowledge management system and implement industry-standard best practices for capturing, archiving, and retrieving heritage and future information. The information under this subsection shall be accessible to all Administration employees unless otherwise prohibited because of the classified or sensitive nature of the information. (c) Report Not later than 12 months after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report that, at a minimum, includes— (1) a description of any actions necessary to create or modify an Administration-wide knowledge management system; (2) a plan for implementing the knowledge management system, including employee training and the provision of secure access to information, as required for all personnel working on Administration programs, projects, and research; (3) a summary of implementation costs for the knowledge management system; and (4) a timeline and progress report for implementation. (d) Workforce stabilization and critical skills preservation Section 1105 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18431) is amended by striking 2013 2016 710. Authority to protect certain technical data from public disclosure Section 20131 (1) in subsection (a)(3), by striking subsection (b) subsection (b) or (c) (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following: (c) Authority to withhold from public disclosure certain technical data (1) In general Notwithstanding any other provision of law, the Administrator may withhold from public disclosure any technical data with aeronautical or space application in the possession of, or under the control of, the Administration, if the data may not be exported lawfully outside the United States without an approval, authorization, or license under the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) or the Arms Export Control Act ( 22 U.S.C. 2751 et seq. (2) Definition of technical data In this subsection, the term technical data (3) FOIA exemption 3 This subsection shall be considered a statute described in section 552(b)(3) (4) Report repeal Notwithstanding any other provision of law, the Administration is not required to compile or submit the annual audit on export controls compliance under section 126 of the National Aeronautics and Space Administration Authorization Act of 2000 (114 Stat. 1585). . December 10, 2014 Reported with an amendment

National Aeronautics and Space Administration Authorization Act of 2013

Helping Ensure Life- and Limb-Saving Access to Podiatric Physicians Act or HELLPP Act - Amends title XIX (Medicaid) of the Social Security Act (SSA) to include podiatrists as physicians in order to cover their services under the Medicaid program. Amends SSA title XVIII (Medicare) to revise requirements for coverage of therapeutic shoes for individuals with diabetes regarding the processes of: (1) documentation by a physician of, and certification of a comprehensive plan of care related to, the diabetic condition; (2) prescription by a podiatrist or other qualified physician upon a finding of the medical necessity for the therapeutic shoes, including findings communicated to a certifying doctor of medicine or osteopathy of certain related foot conditions; and (3) fitting and supplying the shoes. Amends the Internal Revenue Code to subject to the continuing levy upon property and property rights, for collection of unpaid taxes, any payments made to a Medicaid provider or supplier.

To amend title XIX of the Social Security Act to cover physician services delivered by podiatric physicians to ensure access by Medicaid beneficiaries to appropriate quality foot and ankle care, to amend title XVIII of such Act to modify the requirements for diabetic shoes to be included under Medicare, and for other purposes. 1. Short title This Act may be cited as the Helping Ensure Life- and Limb-Saving Access to Podiatric Physicians Act HELLPP Act 2. Including podiatrists as physicians under the Medicaid program (a) In general Section 1905(a)(5)(A) of the Social Security Act ( 42 U.S.C. 1396d(a)(5)(A) section 1861(r)(1) paragraphs (1) and (3) of section 1861(r) (b) Effective date (1) In general Except as provided in paragraph (2), the amendment made by subsection (a) shall apply to services furnished on or after January 1, 2014. (2) Extension of effective date for State law amendment In the case of a State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. 3. Modifications to requirements for diabetic shoes to be included under medical and other health services under Medicare (a) In general Section 1861(s)(12) of the Social Security Act ( 42 U.S.C. 1395x(s)(12) (12) subject to section 4072(e) of the Omnibus Budget Reconciliation Act of 1987, extra-depth shoes with inserts or custom molded shoes (in this paragraph referred to as therapeutic shoes (A) the physician who is managing the individual’s diabetic condition— (i) documents that the individual has diabetes; (ii) certifies that the individual is under a comprehensive plan of care related to the individual’s diabetic condition; and (iii) documents agreement with the prescribing podiatrist or other qualified physician (as established by the Secretary) that it is medically necessary for the individual to have such extra-depth shoes with inserts of custom molded shoes with inserts; (B) the therapeutic shoes are prescribed by a podiatrist or other qualified physician (as established by the Secretary) who— (i) examines the individual and determines the medical necessity for the individual to receive the therapeutic shoes; and (ii) communicates in writing the medical necessity to a certifying doctor of medicine or osteopathy for the individual to have therapeutic shoes along with findings that the individual has peripheral neuropathy with evidence of callus formation, a history of pre-ulcerative calluses, a history of previous ulceration, foot deformity, previous amputation, or poor circulation; and (C) the therapeutic shoes are fitted and furnished by a podiatrist or other qualified supplier individual (as established by the Secretary), such as a pedorthist or orthotist, who is not the physician described in subparagraph (A) (unless the Secretary finds that the physician is the only such qualified individual in the area); . (b) Effective date The amendment made by subsection (a) shall apply with respect to items and services furnished on or after January 1, 2014. 4. Budget savings: strengthening Medicaid program integrity through continuous levy on payments to Medicaid providers and suppliers (a) In general Section 6331(h)(2) and , and (D) any payment to any Medicaid provider or supplier under a State plan under title XIX of the Social Security Act. . (b) Effective date The amendments made by this section shall apply to levies issued after the date of the enactment of this Act.

HELLPP Act

Gas Accessibility and Stabilization Act of 2013 - Amends the Clean Air Act to revise procedures for waiver by the Administrator of the Environmental Protection Agency (EPA) of a control or prohibition regarding the use of a fuel or fuel additive by: (1) allowing waiver if the Administrator determines that extreme and unusual fuel or fuel additive supply circumstances are the result of a problem with distribution or delivery equipment necessary for the transportation or delivery of such fuel or additives, (2) allowing extension of a waiver for more than 20 days if it is determined that the waiver conditions will exist beyond 20 days, and (3) deeming a request for a waiver that is not approved or denied within 3 days to be approved for the period requested. Amends the Energy Policy Act of 2005 to modify a fuel system requirements harmonization study to: (1) include consideration of biofuels, (2) add consideration of the projected effects of EPA Tier III requirements on air quality and motor fuel prices, and (3) extend to June 1, 2014, the date for submission to Congress of a report on the results of the study.

To require the Administrator of the Environmental Protection Agency and the Secretary of Energy to conduct a fuel system requirements harmonization study, and for other purposes. 1. Short title This Act may be cited as the Gas Accessibility and Stabilization Act of 2013 2. Expansion of waiver authority Section 211(c)(4)(C) of the Clean Air Act ( 42 U.S.C. 7545(c)(4)(C) (1) in clause (ii)(II), by inserting a problem with distribution or delivery equipment that is necessary for the transportation or delivery of fuel or fuel additives, equipment failure, (2) in clause (iii)(II), by inserting (except that the Administrator may extend the effectiveness of a waiver for more than 20 days if the Administrator determines that the conditions under clause (ii) supporting a waiver determination will exist for more than 20 days) (3) by redesignating the second clause (v) (relating to the authority of the Administrator to approve certain State implementation plans) as clause (vi); and (4) by adding at the end the following: (vii) Presumptive approval Notwithstanding any other provision of this subparagraph, if the Administrator does not approve or deny a request for a waiver under this subparagraph within 3 days after receipt of the request, the request shall be considered to be approved as received by the Administrator and the applicable fuel standards shall be waived for the period of time requested. . 3. Fuel system requirements harmonization study Section 1509 of the Energy Policy Act of 2005 ( Public Law 109–58 (1) in subsection (a)— (A) in paragraph (1)(A), by inserting biofuels, oxygenated fuel, (B) in paragraph (2)(G), by striking Tier II Tier III (2) in subsection (b)(1), by striking 2008 2014

Gas Accessibility and Stabilization Act of 2013

New Columbia Admission Act - Sets forth procedures for admission into the United States of the state of New Columbia. Requires the Mayor of the District of Columbia to: (1) submit to the eligible voters propositions for statehood and adoption of a State Constitution, and (2) issue a proclamation for the first elections to Congress of two Senators and one Representative of New Columbia. Requires the President, upon adoption of such propositions and certification of such elections, to issue a proclamation announcing the results and admitting New Columbia into the Union. Provides for conversion of District government offices to state offices. Provides that New Columbia shall consist of all territory of the District as of the enactment of this Act, excluding land within specified metes and bounds that shall remain the District of Columbia and that shall include the principal federal monuments, the White House, the Capitol Building, the Supreme Court Building, the federal executive, legislative, and judicial office buildings located adjacent to the Mall and the Capitol Building, and certain military property. Prohibits New Columbia from imposing taxes on federal property except as provided by Congress. Maintains the applicability to New Columbia of current District laws and continues pending judicial proceedings. Maintains: (1) the District of Columbia as the seat of the federal government, and (2) the federal government's authority over military lands and specified other property. Requires each state that is the last place an individual resided before residing in the District of Columbia to permit such individual to vote in federal elections by absentee ballot. Sets forth a rule for expedited consideration of a joint resolution proposing an amendment to the Constitution to repeal the 23rd amendment (which provides for the appointment of electors for President and Vice President for the District).

To provide for the admission of the State of New Columbia into the Union. 1. Short title; table of contents (a) Short title This Act may be cited as the New Columbia Admission Act (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—State of New Columbia Subtitle A—Procedures for Admission Sec. 101. Admission into the Union. Sec. 102. Process for admission. Sec. 103. Election of officials of State. Sec. 104. Issuance of Presidential proclamation. Subtitle B—Description of New Columbia Territory Sec. 111. Territories and boundaries of New Columbia. Sec. 112. Description of District of Columbia after admission of State. Sec. 113. Continuation of title to lands and property. Subtitle C—General Provisions Relating to Laws of New Columbia Sec. 121. Limitation on authority of State to tax Federal property. Sec. 122. Effect of admission of State on current laws. Sec. 123. Continuation of judicial proceedings. Sec. 124. United States nationality. TITLE II—Responsibilities and Interests of Federal Government Sec. 201. Continuation of revised District of Columbia as seat of Federal Government. Sec. 202. Treatment of military lands. Sec. 203. Waiver of claims to Federal lands and property. Sec. 204. Permitting individuals residing in new seat of government to vote in Federal elections in State of most recent domicile. Sec. 205. Repeal of law providing for participation of District of Columbia in election of President and Vice President. Sec. 206. Expedited consideration of constitutional amendment. TITLE III—General Provisions Sec. 301. General definitions. Sec. 302. Certification of enactment by President. I State of New Columbia A Procedures for Admission 101. Admission into the Union (a) In general Subject to the provisions of this Act, upon issuance of the proclamation required by section 104(b), the State of New Columbia is declared to be a State of the United States of America, and is declared admitted into the Union on an equal footing with the other States in all respects whatever. (b) Constitution of state The State Constitution shall always be republican in form and shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence. 102. Process for admission (a) Approval of admission by voters of District of Columbia (1) Election procedures At an election designated by proclamation of the Mayor, which may be the primary or the general election held pursuant to section 103(a), a general election, or a special election, there shall be submitted to the electors qualified to vote in such election the following propositions for adoption or rejection: (A) New Columbia shall immediately be admitted into the Union as a State. (B) The proposed Constitution for the State of New Columbia, as adopted by the Council of the District of Columbia pursuant to the Constitution for the State of New Columbia Approval Act of 1987 (D.C. Law 7–8), shall be deemed ratified and shall replace the Constitution for the State of New Columbia ratified on November 2, 1982. (C) The boundaries of the State of New Columbia shall be as prescribed in the New Columbia Admission Act. (D) All provisions of the New Columbia Admission Act, including provisions reserving rights or powers to the United States and provisions prescribing the terms or conditions of the grants of lands or other property made to the State of New Columbia, are consented to fully by the State and its people. . (2) Responsibilities of mayor The Mayor of the District of Columbia is authorized and directed to take such action as may be necessary or appropriate to ensure the submission of such propositions to the people. The return of the votes cast on such propositions shall be made by the election officers directly to the Board of Elections of the District of Columbia, which shall certify the results of the submission to the Mayor. The Mayor shall certify the results of such submission to the President of the United States. (b) Effect of vote (1) Adoption of propositions In the event the propositions described in subsection (a) are adopted in an election under such subsection by a majority of the legal votes cast on such submission— (A) the State Constitution shall be deemed ratified; and (B) the President shall issue a proclamation pursuant to section 104. (2) Rejection of proposition In the event any one of the propositions described in subsection (a) is not adopted in an election under such subsection by a majority of the legal votes cast on such submission, the provisions of this Act shall cease to be effective. 103. Election of officials of State (a) Issuance of proclamation (1) In general Not more than 30 days after receiving certification of the enactment of this Act from the President pursuant to section 302, the Mayor of the District of Columbia shall issue a proclamation for the first elections, subject to the provisions of this section, for two Senators and one Representative in Congress. (2) Special rule for election of senators In the election of Senators from the State pursuant to paragraph (1), the 2 Senate offices shall be separately identified and designated, and no person may be a candidate for both offices. No such identification or designation of either of the offices shall refer to or be taken to refer to the terms of such offices, or in any way impair the privilege of the Senate to determine the class to which each of the Senators elected shall be assigned. (b) Rules for conducting election (1) In general The proclamation of the Mayor issued under subsection (a) shall provide for the holding of a primary election and a general election and at such elections the officers required to be elected as provided in subsection (a) shall be chosen by the qualified electors of the District of Columbia in the manner required by law. (2) Certification of returns Election returns shall be made and certified in the manner required by law, except that the Mayor shall also certify the results of such elections to the President of the United States. (c) Assumption of duties Upon the admission of the State into the Union, the Senators and Representative elected at the election described in subsection (a) shall be entitled to be admitted to seats in Congress and to all the rights and privileges of Senators and Representatives of other States in the Congress of the United States. (d) Transfer of offices of mayor and members and chair of council Upon the admission of the State into the Union, the Mayor, members of the Council, and the Chair of the Council at the time of admission shall be deemed the Governor, members of the House of Delegates, and the President of the House of Delegates of the State, respectively, as provided by the State Constitution and the laws of the State. (e) Continuation of authority and duties and judicial and executive officers Upon the admission of the State into the Union, members of executive and judicial offices of the District of Columbia shall be deemed members of the respective executive and judicial offices of the State, as provided by the State Constitution and the laws of the State. (f) Special rule for house of representatives membership The State upon its admission into the Union shall be entitled to one Representative until the taking effect of the next reapportionment, and such Representative shall be in addition to the membership of the House of Representatives as now prescribed by law, except that such temporary increase in the membership shall not operate to either increase or decrease the permanent membership of the House of Representatives or affect the basis of apportionment for the Congress. 104. Issuance of Presidential proclamation (a) In general If the President finds that the propositions set forth in section 102(a) have been duly adopted by the people of the State, the President, upon certification of the returns of the election of the officers required to be elected as provided in section 103(a), shall, not later than 90 days after receiving such certification, issue a proclamation announcing the results of such elections as so ascertained. (b) Admission of state upon issuance of proclamation Upon the issuance of the proclamation by the President under subsection (a), the State shall be deemed admitted into the Union as provided in section 101. B Description of New Columbia Territory 111. Territories and boundaries of New Columbia (a) In general Except as provided in subsection (b), the State shall consist of all of the territory of the District of Columbia as of the date of the enactment of this Act, subject to the results of the technical survey conducted under subsection (c). (b) Exclusion of portion of district of columbia remaining as national capital The territory of the State shall not include the area described in section 112, which shall remain as the District of Columbia for purposes of serving as the seat of the government of the United States. (c) Technical survey Not later than 6 months after the date of the enactment of this Act, the President (in consultation with the Chair of the National Capital Planning Commission) shall conduct a technical survey of the metes and bounds of the District of Columbia and of the territory described in section 112(b). 112. Description of District of Columbia after admission of State (a) In general Subject to the succeeding provisions of this section, after the admission of the State into the Union, the District of Columbia shall consist of the property described in subsection (b) and shall include the principal Federal monuments, the White House, the Capitol Building, the United States Supreme Court Building, and the Federal executive, legislative, and judicial office buildings located adjacent to the Mall and the Capitol Building. (b) Specific description of metes and bounds After the admission of the State into the Union, the specific metes and bounds of the District of Columbia shall be as follows: Beginning at the point on the present Virginia-District of Columbia boundary due west of the northernmost point of Theodore Roosevelt Island and running due east of the eastern shore of the Potomac River; thence generally south along the shore at the mean high water mark to the northwest corner of the Kennedy Center; thence east along the north side of the Kennedy Center to a point where it reaches the E Street Expressway; thence east on the expressway to E Street Northwest and thence east on E Street Northwest to Eighteenth Street Northwest; thence south on Eighteenth Street Northwest to Constitution Avenue Northwest; thence east on Constitution Avenue to Seventeenth Street Northwest; thence north on Seventeenth Street Northwest to Pennsylvania Avenue Northwest; thence east on Pennsylvania Avenue to Jackson Place Northwest; thence north on Jackson Place to H Street Northwest; thence east on H Street Northwest to Madison Place Northwest; thence south on Madison Place Northwest to Pennsylvania Avenue Northwest; thence east on Pennsylvania Avenue Northwest to Fifteenth Street Northwest; thence south on Fifteenth Street Northwest to Pennsylvania Avenue Northwest; thence southeast on Pennsylvania Avenue Northwest to John Marshall Place Northwest; thence north on John Marshall Place Northwest to C Street Northwest; thence east on C Street Northwest to Third Street Northwest; thence north on Third Street Northwest to D Street Northwest; thence east on D Street Northwest to Second Street Northwest; thence south on Second Street Northwest to the intersection of Constitution Avenue Northwest and Louisiana Avenue Northwest; thence northeast on Louisiana Avenue Northwest to North Capitol Street; thence north on North Capitol Street to Massachusetts Avenue Northwest; thence southeast on Massachusetts Avenue Northwest so as to encompass Union Square; thence following Union Square to F Street Northeast; thence east on F Street Northeast to Second Street Northeast; thence south on Second Street Northeast to D Street Northeast; thence west on D Street Northeast to First Street Northeast; thence south on First Street Northeast to Maryland Avenue Northeast; thence generally north and east on Maryland Avenue to Second Street Northeast; thence south on Second Street Northeast to C Street Southeast; thence west on C Street Southeast to New Jersey Avenue Southeast; thence south on New Jersey Avenue Southeast to D Street Southeast; thence west on D Street Southeast to Washington Avenue Southwest; thence southeast on Washington Avenue Southwest to E Street Southeast; thence west on E Street Southeast to the intersection of Washington Avenue Southwest and South Capitol Street; thence northwest on Washington Avenue Southwest to Second Street Southwest; thence south on Second Street Southwest to Virginia Avenue Southwest; thence generally west on Virginia Avenue to Third Street Southwest; thence north on Third Street Southwest to C Street Southwest; thence west on C Street Southwest to Sixth Street Southwest; thence north on Sixth Street Southwest to Independence Avenue; thence west on Independence Avenue to Twelfth Street Southwest; thence south on Twelfth Street Southwest to D Street Southwest; thence west on D Street Southwest to Fourteenth Street Southwest; thence south on Fourteenth Street Southwest to the middle of the Washington Channel; thence generally south and east along the midchannel of the Washington Channel to a point due west of the northern boundary line of Fort Lesley McNair; thence due east to the side of the Washington Channel; thence following generally south and east along the side of the Washington Channel at the mean high water mark, to the point of confluence with the Anacostia River, and along the northern shore at the mean high water mark to the northernmost point of the Eleventh Street Bridge; thence generally south and east along the northern side of the Eleventh Street Bridge to the eastern shore of the Anacostia River; thence generally south and west along such shore at the mean high water mark to the point of confluence of the Anacostia and Potomac Rivers; thence generally south along the eastern shore at the mean high water mark of the Potomac River to the point where it meets the present southeastern boundary line of the District of Columbia; thence south and west along such southeastern boundary line to the point where it meets the present Virginia-District of Columbia boundary; and thence generally north and west up the Potomac River along the present Virginia-District of Columbia boundary to the point of beginning. (c) Treatment of certain property (1) Streets and sidewalks bounding area After the admission of the State into the Union, the District of Columbia shall be deemed to include any street (together with any sidewalk thereof) bounding the District of Columbia. (2) Exclusion of district building Notwithstanding any other provision of this section, the District of Columbia shall not be considered to include the District Building after the admission of the State into the Union. (3) Inclusion of certain military property After the admission of the State into the Union, the District of Columbia shall be deemed to include Fort Lesley McNair, the Washington Navy Yard, the Anacostia Naval Annex, the United States Naval Station, Bolling Air Force Base, and the Naval Research Laboratory. 113. Continuation of title to lands and property (a) Continuation of title to lands of District of Columbia (1) In general The State and its political subdivisions shall have and retain title or jurisdiction for purposes of administration and maintenance to all property, real and personal, with respect to which title or jurisdiction for purposes of administration and maintenance is held by the District of Columbia on the day before the State is admitted into the Union. (2) Conveyance of interest in certain bridges and tunnels On the day before the State is admitted into the Union, the District of Columbia shall convey to the United States any and all interest of the District of Columbia in any bridge or tunnel that will connect the Commonwealth of Virginia with the District of Columbia after the admission of the State into the Union. (b) Continuation of federal title to property in state The United States shall have and retain title or jurisdiction for purposes of administration and maintenance to all property in the State with respect to which the United States holds title or jurisdiction on the day before the State is admitted into the Union. C General Provisions Relating to Laws of New Columbia 121. Limitation on authority of State to tax Federal property The State may not impose any taxes upon any lands or other property owned or acquired by the United States, except to the extent as Congress may permit. 122. Effect of admission of State on current laws (a) Legislative power of State The legislative power of the State shall extend to all rightful subjects of legislation within the State, consistent with the Constitution of the United States (including the restrictions and limitations imposed upon the States by article I, section 10) and subject to the provisions of this Act. (b) Treatment of federal laws To the extent that any law of the United States applies to the States generally, the law shall have the same force and effect within the State as elsewhere in the United States, except as such law may otherwise provide. 123. Continuation of judicial proceedings (a) Pending proceedings (1) In general No writ, action, indictment, cause, or proceeding pending in any court of the District of Columbia or in the United States District Court for the District of Columbia shall abate by reason of the admission of the State into the Union, but shall be transferred and shall proceed within such appropriate State courts as shall be established under the State Constitution, or shall continue in the United States District Court for the District of Columbia, as the nature of the case may require. (2) Succession of courts The appropriate courts of the State shall be the successors of the courts of the District of Columbia as to all cases arising within the limits embraced within the jurisdiction of such courts, with full power to proceed with such cases, and award mesne or final process therein, and all files, records, indictments, and proceedings relating to any such writ, action, indictment, cause, or proceeding shall be transferred to such appropriate State courts and shall be proceeded with therein in due course of law. (b) Unfiled proceedings based on actions prior to admission All civil causes of action and all criminal offenses which shall have arisen or been committed prior to the admission of the State into the Union, but as to which no writ, action, indictment, or proceeding shall be pending at the date of such admission, shall be subject to prosecution in the appropriate State courts or in the United States District Court for the District of Columbia in like manner, to the same extent, and with like right of appellate review, as if the State had been admitted and such State courts had been established prior to the accrual of such causes of action or the commission of such offenses. (c) Maintenance of rights to and jurisdiction over appeals (1) Cases decided prior to admission Parties shall have the same rights of appeal from and appellate review of final decisions of the United States District Court for the District of Columbia or the District of Columbia Court of Appeals in any case finally decided prior to the admission of the State into the Union, whether or not an appeal therefrom shall have been perfected prior to such admission. The United States Court of Appeals for the District of Columbia Circuit and the Supreme Court of the United States shall have the same jurisdiction in such cases as by law provided prior to the admission of the State into the Union. (2) Cases decided after admission Parties shall have the same rights of appeal from and appellate review of all orders, judgments, and decrees of the United States District Court for the District of Columbia and of the highest court of the State, as successor to the District of Columbia Court of Appeals, in any case pending at the time of admission of the State into the Union, and the United States Court of Appeals for the District of Columbia Circuit and the Supreme Court of the United States shall have the same jurisdiction therein, as by law provided in any case arising subsequent to the admission of the State into the Union. (3) Issuance of subsequent mandates Any mandate issued subsequent to the admission of the State shall be to the United States District Court for the District of Columbia or a court of the State, as appropriate. (d) Conforming amendments relating to federal courts Effective upon the admission of the State into the Union— (1) section 41 of title 28, United States Code, is amended in the second column by inserting , New Columbia District of Columbia (2) the first paragraph of section 88 The District of Columbia and the State of New Columbia comprise one judicial district. . 124. United States nationality No provision of this Act shall operate to confer United States nationality, to terminate nationality lawfully acquired, or to restore nationality terminated or lost under any law of the United States or under any treaty to which the United States is or was a party. II Responsibilities and Interests of Federal Government 201. Continuation of revised District of Columbia as seat of Federal Government After the admission of the State into the Union, the seat of the Government of the United States shall be the District of Columbia as described in section 112 (also known as Washington, DC 202. Treatment of military lands (a) Reservation of federal authority (1) In general Subject to paragraph (2) and subsection (b) and notwithstanding the admission of the State into the Union, authority is reserved in the United States for the exercise by Congress of the power of exclusive legislation in all cases whatsoever over such tracts or parcels of land located within the State that, immediately prior to the admission of the State, are controlled or owned by the United States and held for defense or Coast Guard purposes. (2) Limitation on authority The power of exclusive legislation described in paragraph (1) shall vest and remain in the United States only so long as the particular tract or parcel of land involved is controlled or owned by the United States and used for defense or Coast Guard purposes. (b) Authority of state (1) In general The reservation of authority in the United States for the exercise by the Congress of the United States of the power of exclusive legislation over military lands under subsection (a) shall not operate to prevent such lands from being a part of the State, or to prevent the State from exercising over or upon such lands, concurrently with the United States, any jurisdiction which it would have in the absence of such reservation of authority and which is consistent with the laws hereafter enacted by Congress pursuant to such reservation of authority. (2) Service of process The State shall have the right to serve civil or criminal process within such tracts or parcels of land in which the authority of the United States is reserved under subsection (a) in suits or prosecutions for or on account of rights acquired, obligations incurred, or crimes committed within the State but outside of such tracts or parcels of land. 203. Waiver of claims to Federal lands and property (a) In general As a compact with the United States, the State and its people disclaim all right and title to any lands or other property not granted or confirmed to the State or its political subdivisions by or under the authority of this Act, the right or title to which is held by the United States or subject to disposition by the United States. (b) Effect on claims against united states (1) In general Nothing contained in this Act shall recognize, deny, enlarge, impair, or otherwise affect any claim against the United States, and any such claim shall be governed by applicable laws of the United States. (2) Rule of construction Nothing in this Act is intended or shall be construed as a finding, interpretation, or construction by the Congress that any applicable law authorizes, establishes, recognizes, or confirms the validity or invalidity of any claim referred to in paragraph (1), and the determination of the applicability or effect of any law to any such claim shall be unaffected by anything in this Act. 204. Permitting individuals residing in new seat of government to vote in Federal elections in State of most recent domicile (a) Requirement for states To permit individuals To vote by absentee ballot (1) In general Each State shall— (A) permit absent District of Columbia voters to use absentee registration procedures and to vote by absentee ballot in general, special, primary, and runoff elections for Federal office; and (B) accept and process, with respect to any general, special, primary, or runoff election for Federal office, any otherwise valid voter registration application from an absent District of Columbia voter, if the application is received by the appropriate State election official not less than 30 days before the election. (2) Absent district of columbia voter defined In this section, the term absent District of Columbia voter (3) State defined In this section, the term State (b) Recommendations to states To maximize access to polls by absent district of columbia voters To afford maximum access to the polls by absent District of Columbia voters, it is recommended that the States— (1) waive registration requirements for absent District of Columbia voters who, by reason of residence in the District of Columbia, do not have an opportunity to register; (2) expedite processing of balloting materials with respect to such individuals; and (3) assure that absentee ballots are mailed to such individuals at the earliest opportunity. (c) Enforcement The Attorney General may bring a civil action in the appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this section. (d) Effect on certain other laws The exercise of any right under this section shall not affect, for purposes of any Federal, State, or local tax, the residence or domicile of a person exercising such right. (e) Effective date This section shall take effect upon the date of the admission of the State into the Union, and shall apply with respect to elections for Federal office taking place on or after such date. 205. Repeal of law providing for participation of District of Columbia in election of President and Vice President (a) In general Title 3, United States Code, is amended by striking section 21. (b) Effective date The amendment made by subsection (a) shall take effect upon the date of the admission of the State into the Union, and shall apply to any election of the President and Vice President of the United States taking place on or after such date. 206. Expedited consideration of constitutional amendment (a) Exercise of rulemaking authority This section is enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such these provisions are deemed a part of the rule 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 described in subsection (b), and they supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change the rule (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. (b) Expedited consideration of repeal of 23rd amendment (1) Motion made in order At any time after the date of the enactment of this Act, it shall be in order in either the House of Representatives or the Senate to offer a motion to proceed to the consideration of a joint resolution proposing an amendment to the Constitution of the United States repealing the 23rd article of amendment to the Constitution. (2) Procedures relating to motion With respect to the motion described in paragraph (1), the following rules shall apply: (A) The motion is highly privileged and is not debatable. (B) An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (C) A motion to postpone shall be decided without debate. III General Provisions 301. General definitions In this Act, the following definitions shall apply: (1) The term Council (2) The term Governor (3) The term Mayor (4) The term State Constitution (5) Except as otherwise provided, the term State 302. Certification of enactment by President Not more than 60 days after the date of enactment of this Act, the President shall certify such enactment to the Mayor of the District of Columbia.

New Columbia Admission Act

Military Reserve Jobs Act of 2013 - Grants hiring preferences for federal employment to members of a reserve component of the Armed Forces who: (1) have successfully completed officer candidate training or entry level and skill training and have incurred, or are performing, a 6-year commitment with a reserve component (3 point preference); (2) have completed at least 10 years of service with a reserve component and has earned at least 50 retirement points per year (4 point preference); or (3) are retired from service in a reserve component and are eligible for, but have not yet begun receiving, retired pay for non-regular service (5 point preference).

To establish a tiered hiring preference for members of the reserve components of the armed forces. 1. Short title This Act may be cited as the Military Reserve Jobs Act of 2013 2. Preference eligibility for members of reserve components of the armed forces Section 2108 (1) in paragraph (3)— (A) in subparagraph (G)(iii), by striking and (B) by inserting the following after subparagraph (H): (I) an individual who is a member of a reserve component of the armed forces: (i) who has— (I) successfully completed officer candidate training or entry level and skill training; and (II) incurred, or is performing, an initial period of obligated service in a reserve component of the armed forces of not less than 6 consecutive years; or (ii) who has completed at least 10 years of service in a reserve component of the armed forces in each of which the individual was credited with at least 50 points under section 12732 section 12732 chapter 1223 (J) an individual who is— (i) retired from service in a reserve component of the armed forces; and (ii) eligible for, but has not yet commenced receipt of, retired pay for non-regular service under chapter 1223 of title 10; ; (2) in paragraph (4)— (A) in subparagraph (A), by striking or (B) in subparagraph (B), by striking and or (C) by adding at the end the following: (C) the individual is a retiree described in paragraph (3)(J); ; (3) in paragraph (5) by striking and (4) by adding at the end the following: (6) entry level and skill training (7) reserve component of the armed forces . 3. Tiered hiring preference for members of reserve components of the armed forces Section 3309 (1) in paragraph (1), by striking and (2) by striking paragraph (2) and inserting the following: (2) a preference eligible under subparagraph (A), (B), or (J) of section 2108(3) of this title—5 points; (3) a preference eligible under section 2108(3)(I)(ii) of this title—4 points; and (4) a preference eligible under section 2108(3)(I)(i) of this title—3 points. .

Military Reserve Jobs Act of 2013

Requires the President's budget submission to Congress to: (1) list each program, and its proposed funding level, that will be a one-time expense for the fiscal year for which the budget is submitted; and, in addition to the performance standards required, (2) a proposal, by budget function and agency, for reductions in spending for each of the four ensuing fiscal years. Requires the President, for each budget item being conducted in the current fiscal year, to provide: (1) the amount appropriated or otherwise made available for the item in that year, and (2) the amount of any proposed adjustment in the funding level for the item and its justification. Requires the President, if he proposes an adjustment resulting in a funding increase for a budget item, to include with the proposal the amount of the adjustment that is a result of inflation and the amount that is a result of an increase in employees' salaries or benefits. Requires the President to provide for each major program in a budget function specified in the required estimated budget outlays and proposed budget authority: (1) the amount appropriated or otherwise made available for it in the current fiscal year; and (2) a separate amount (if any) of its expected increase in the following fiscal year owing to inflation, pay increases, or benefit increases.

To amend title 31, United States Code, to provide that the President’s annual budget submission to Congress list the current fiscal year spending level for each proposed program and a separate amount for any proposed spending increases, and for other purposes. 1. Current service level budgeting amendments (a) President’s budget submission Section 1105 of title 31, United States Code, is amended as follows: (1) In subsection (a)— (A) by striking (37) the list (39) the list (B) by adding at the end the following: (40) a list of each program, and the proposed funding level for such program, that will be a one-time expense for the fiscal year for which the budget is submitted. (41) in addition to the performance standards requirements of paragraph (28), a proposal, by budget function and agency, for spending reductions in spending for each of the 4 fiscal years after the fiscal year for which the budget is submitted. . (2) By adding at the end the following: (i) (1) Notwithstanding any other provision of this chapter, with respect to each item in the budget submitted under this section that is being conducted in the current fiscal year, the President shall provide the following: (A) The amount appropriated or otherwise made available for such item in such year. (B) The amount (if any) of a proposed adjustment in the funding level for such item and the justification for such change. (2) If the President proposes an adjustment under paragraph (1)(B) that will result in an increase in funding with respect to an item in the budget, the President shall include with such proposal the following: (A) The amount of such adjustment which is a result of inflation. (B) The amount of such adjustment that is a result of an increase in salaries or benefits for employees. . (b) Current programs and activities estimates Section 1109 (1) In subsection (a)— (A) in the first sentence, by striking were carried change in policy received the same amount of budget authority as provided in the current fiscal year (B) in the third sentence, by striking The President Consistent with the requirements of subsection (c), the President (2) By adding at the end the following: (c) With respect to each program listed under subsection (a), the President shall provide— (1) the amount appropriated or otherwise made available for such program in the current fiscal year; and (2) a separate amount (if any) of the expected increase in the following fiscal year for such program due to inflation, pay increases, or benefit increases. .

A bill to amend title 31, United States Code, to provide that the President's annual budget submission to Congress list the current fiscal year spending level for each proposed program and a separate amount for any proposed spending increases, and for other purposes.

Synthetic Abuse and Labeling of Toxic Substances Act of 2013 or the SALTS Act - Amends the Controlled Substances Act to provide that, in determining whether a controlled substance analogue was intended for human consumption, the following factors may be considered: (1) the marketing, advertising, and labeling of the substance; (2) the known efficacy or usefulness of the substance for the marketed, advertised, or labeled purpose; (3) the difference between the price at which the substance is sold and the price at which the substance it is purported to be or advertised as is normally sold; (4) the diversion of the substance from legitimate channels and the clandestine importation, manufacture, or distribution of the substance; and (5) whether the defendant knew or should have known that the substance was intended to be consumed by injection, inhalation, ingestion, or any other immediate means. Declares that evidence that a substance was not marketed, advertised, or labeled for human consumption shall not by itself be sufficient to establish that the substance was not intended for human consumption.

To amend the Controlled Substances Act relating to controlled substance analogues. 1. Short title This Act may be cited as the Synthetic Abuse and Labeling of Toxic Substances Act of 2013 SALTS Act 2. Controlled substance analogues Section 203 of the Controlled Substances Act ( 21 U.S.C. 813 (1) by striking A controlled (a) In general (2) by adding at the end the following: (b) Determination In determining whether a controlled substance analogue was intended for human consumption under subsection (a), the following factors may be considered, along with any other relevant factors: (1) The marketing, advertising, and labeling of the substance. (2) The known efficacy or usefulness of the substance for the marketed, advertised or labeled purpose. (3) The difference between the price at which the substance is sold and the price at which the substance it is purported to be or advertised as is normally sold. (4) The diversion of the substance from legitimate channels and the clandestine importation, manufacture, or distribution of the substance. (5) Whether the defendant knew or should have known the substance was intended to be consumed by injection, inhalation, ingestion, or any other immediate means. (c) Limitation For purposes of this section, evidence that a substance was not marketed, advertised, or labeled for human consumption, by itself, shall not be sufficient to establish that the substance was not intended for human consumption. .

SALTS Act

Protecting Our Youth from Dangerous Synthetic Drugs Act of 2013 - Amends the Controlled Substances Act to include in the definition of a "controlled substance analogue" a substance designated as such by the Controlled Substance Analogue Committee (established by this Act). Directs the Attorney General to establish such Committee as an interagency committee headed by the Administrator of the Drug Enforcement Administration (DEA) and comprised of scientific experts in the fields of chemistry and pharmacology from DEA, the National Institute on Drug Abuse, the Centers for Disease Control and Prevention (CDC), and any other federal agency determined by the Attorney General to be appropriate. Requires the Committee to designate, and establish and maintain a list of, controlled substance analogues determined to be similar to a schedule I or II controlled substance in either chemical structure or predictive effect on the body in such a manner as to make it likely that the substance will, or can be reasonably expected to, have a potential for abuse. Directs the Administrator to publish a description of each designation made by the Committee. Amends the Controlled Substances Import and Export Act to prohibit the importation of any controlled substance analogue except pursuant to such notification or declaration as the Attorney General may prescribe. Directs the U.S. Sentencing Commission to review and, if appropriate, amend the federal sentencing guidelines and policy statements to ensure that they provide adequate penalties for any offense involving the unlawful manufacturing, importing, exporting, or trafficking of controlled substance analogues and similar offenses.

To address the continued threat posed by dangerous synthetic drugs by amending the Controlled Substances Act relating to controlled substance analogues. 1. Short title This Act may be cited as the Protecting Our Youth from Dangerous Synthetic Drugs Act of 2013 2. Enforcement (a) In general The Controlled Substances Act ( 21 U.S.C. 801 et seq. (1) in section 102(32), by striking subparagraph (A) and inserting the following: (A) Except as provided in subparagraph (C), the term controlled substance analogue (i) a substance whose chemical structure is substantially similar to the chemical structure of a controlled substance in schedule I or II— (I) which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II; or (II) with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II; or (ii) a substance designated as a controlled substance analogue by the Controlled Substance Analogue Committee in accordance with section 201(i). ; and (2) in section 201, by adding at the end the following: (i) (1) The Attorney General, in consultation with the Secretary of Health and Human Services, shall establish an interagency committee, to be known as the Controlled Substance Analogue Committee (referred to in this subsection as the Committee (2) The Committee shall be— (A) headed by the Administrator of the Drug Enforcement Administration; and (B) comprised of scientific experts in the fields of chemistry and pharmacology from— (i) the Drug Enforcement Administration; (ii) the National Institute on Drug Abuse; (iii) the Centers for Disease Control and Prevention; and (iv) any other Federal agency determined by the Attorney General, in consultation with the Secretary of Health and Human Services, to be appropriate. (3) (A) The Committee shall convene, on an as needed basis, to establish and maintain a list of controlled substance analogues. (B) A substance may be designated as a controlled substance analogue by the Committee under this subsection if the substance is determined by the Committee to be similar to a schedule I or II controlled substance in either its chemical structure or its predictive effect on the body, in such a manner as to make it likely that the substance will, or can be reasonably expected to have a potential for abuse. (C) Evidence of human consumption by an individual or the public at large is not necessary before a substance may be designated as a controlled substance analogue under this subsection. (D) The Attorney General shall, through rulemaking, establish procedures of operation for the Committee. (4) (A) Not later than 30 days before each meeting of the Committee, the Attorney General shall submit to the Secretary of Health and Human Services a notice of the meeting of the Committee, which shall include— (i) a list of the substances to be considered by the Committee during the meeting for designation as a controlled substance analogue; and (ii) a request for the Secretary of Health and Human Services to make a determination of whether an exemption or approval for each substance listed under clause (i) is in effect under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 (B) Not later than 30 days after the date on which the Secretary of Health and Human Services receives notice under subparagraph (A), the Secretary shall submit to the Attorney General a written response to the request described under subparagraph (A)(ii). The Committee shall consider the response submitted by the Secretary of Health and Human Services in determining whether to designate a substance considered by the Committee at the meeting as a controlled substance analogue. (5) (A) The Attorney General shall publish in the Federal Register any designation made by the Committee under this subsection. (B) The Administrator of the Drug Enforcement Administration shall publish, on the website of the Drug Enforcement Administration, a description of each designation made by the Committee under this subsection, which shall include— (i) the chemical and common name of the controlled substance analogue; (ii) the effective date of the determination, as described in paragraph (6)(A); and (iii) any schedule I or II controlled substance that the Committee has determined a substance is an analogue of. (6) A designation made by the Committee under this subsection shall take effect on the date that is 30 days after the date on which the designation is published in the Federal Register under paragraph (5)(A). (7) If a substance designated as a controlled substance analogue by the Committee under this section is subsequently scheduled through a rulemaking proceeding under subsection (a), (d), or (h), the substance shall be automatically removed from the controlled substance analogue list. (8) If a defendant challenges the designation of a controlled substance analogue made by the Committee under this subsection the issue shall be considered a question of law. . (b) Funding Section 111(b)(2)(B) of Public Law 102–395 21 U.S.C. 886a(2)(B) controlled substance analogues, substances, 3. Importation of controlled substance analogues Section 1002 of the Controlled Substances Import and Export Act ( 21 U.S.C. 952 (1) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; and (2) by inserting after subsection (b) the following: (c) It shall be unlawful to import into the customs territory of the United States from any place outside thereof (but within the United States), or to import into the United States from any place outside thereof, any controlled substance analogue designated pursuant to section 201(i) of the Controlled Substances Act (21 U.S.C. 811(i)) unless the controlled substance analogue is imported pursuant to such notification or declaration as the Attorney General may by regulation prescribe. . 4. Directive to Sentencing Commission (a) In general Pursuant to its authority under section 994 21 U.S.C. 841 et seq. 21 U.S.C. 951 et seq. (b) Commission duties In carrying out this section, the Sentencing Commission shall— (1) ensure that the sentences, guidelines, and policy statements relating to offenders convicted of these offenses are appropriately severe and reasonably consistent with other relevant directives and other Federal sentencing guidelines and policy statements; (2) make any necessary conforming changes to the Federal sentencing guidelines; and (3) assure that the guidelines adequately meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code.

Protecting Our Youth from Dangerous Synthetic Drugs Act of 2013

National Energy Tax Repeal Act - Prohibits the head of a federal agency from promulgating any regulation relating to power sector carbon pollution standards or any substantially similar regulation on or after June 25, 2013, unless that regulation is explicitly authorized by an Act of Congress.

To prohibit any regulations promulgated pursuant to a presidential memorandum relating to power sector carbon pollution standards from taking effect. 1. Short title This Act may be cited as the National Energy Tax Repeal Act 2. Findings and purposes (a) Findings Congress finds that— (1) on June 25, 2013, President Obama issued a Presidential memorandum directing the Administrator of the Environmental Protection Agency to issue regulations relating to power sector carbon pollution standards for existing coal fired power plants; (2) the issuance of that memorandum circumvents Congress and the will of the people of the United States; (3) any action to control emissions of greenhouse gases from existing coal fired power plants in the United States by mandating a national energy tax would devastate major sectors of the economy, cost thousands of jobs, and increase energy costs for low-income households, small businesses, and seniors on fixed income; (4) joblessness increases the likelihood of hospital visits, illnesses, and premature deaths; (5) according to testimony on June 15, 2011, before the Committee on Environment and Public Works of the Senate by Dr. Harvey Brenner of Johns Hopkins University, The unemployment rate is well established as a risk factor for elevated illness and mortality rates in epidemiological studies performed since the early 1980s. In addition to influences on mental disorder, suicide and alcohol abuse and alcoholism, unemployment is also an important risk factor in cardiovascular disease and overall decreases in life expectancy. (6) according to the National Center for Health Statistics, children in poor families were four times as likely to be in fair or poor health as children that were not poor (7) any major decision that would cost the economy of the United States millions of dollars and lead to serious negative health effects for the people of the United States should be debated and explicitly authorized by Congress, not approved by a Presidential memorandum or regulations; and (8) any policy adopted by Congress should make United States energy as clean as practicable, as quickly as practicable, without increasing the cost of energy for struggling families, seniors, low-income households, and small businesses. (b) Purposes The purposes of this Act are— (1) to ensure that— (A) a national energy tax is not imposed on the economy of the United States; and (B) struggling families, seniors, low-income households, and small businesses do not experience skyrocketing electricity bills and joblessness; (2) to protect the people of the United States, particularly families, seniors, and children, from the serious negative health effects of joblessness; (3) to allow sufficient time for Congress to develop and authorize an appropriate mechanism to address the energy needs of the United States and the potential challenges posed by severe weather; and (4) to restore the legislative process and congressional authority over the energy policy of the United States. 3. Presidential memorandum Notwithstanding any other provision of law, the head of a Federal agency shall not promulgate any regulation relating to power sector carbon pollution standards or any substantially similar regulation on or after June 25, 2013, unless that regulation is explicitly authorized by an Act of Congress.

National Energy Tax Repeal Act

Small Business Tax Credits Improvement Act - Amends the Internal Revenue Code, with respect to the tax credit for the health insurance expenses of small employers, to: (1) expand eligibility for the credit to employers having up to 50 (currently, 25) full-time equivalent employees whose annual wages do not exceed $75,000 (currently, $50,000); (2) raise the employee threshold for triggering the phaseout of such credit from 10 to 20 full-time employees; (3) eliminate the requirement that employers contribute the same percentage of cost of each employee's health insurance and the cap limiting eligible employer contributions to average premiums paid to a state health care exchange; and (4) make such credit available to employee-owners and their dependents.

To amend the Internal Revenue Code of 1986 to modify the small employer health insurance credit, and for other purposes. 1. Short title This Act may be cited as the Small Business Tax Credits Improvement Act 2. Modification of small employer health insurance credit (a) Increase in eligible business size (1) In general Subparagraph (A) of section 45R(d)(1) of the Internal Revenue Code of 1986 is amended by striking 25 50 (2) Phaseout amount Paragraph (1) of section 45R(c) of such Code is amended— (A) by striking 10 20 (B) by striking 15 30 (3) Maximum average annual wages Subparagraph (B) of section 45R(d)(3) of such Code is amended— (A) by redesignating clause (ii) as clause (iii), (B) by striking 2013 2014 (C) by striking $25,000 $37,500 (D) by striking calendar year 2012 calendar year 2013 (E) by inserting after clause (i) the following new clause: (ii) 2014 The dollar amount in effect under this paragraph for taxable years beginning in 2014 is $37,500. . (b) Elimination of uniform percentage contribution requirement Paragraph (4) of section 45R(d) a uniform percentage (not less than 50 percent) at least 50 percent (c) Elimination of cap relating to average local premiums Subsection (b) of section 45R of the Internal Revenue Code of 1986 is amended by striking the lesser of the aggregate amount of nonelective contributions the employer made on behalf of its employees during the taxable year under the arrangement described in subsection (d)(4) for premiums for qualified health plans offered by the employer to its employees through an Exchange. (d) Credit availability for employee-Owners and family members in certain cases Subparagraph (A) of section 45R(e)(1) of the Internal Revenue Code of 1986 is amended— (1) by striking the period at the end and inserting a comma, and (2) by adding at the end the following flush text: unless at least 1 full-time equivalent employee who is not described in clause (i), (ii), (iii), or (iv) for the taxable year was employed by the employer for at least 6 months during the taxable year (or the entire period during the taxable year that the business was in existence, if shorter than 6 months). . (e) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013.

Small Business Tax Credits Improvement Act

Songwriters Tax Simplification Reauthorization Act - Amends the Internal Revenue Code, with respect to the tax deduction for depreciation, to make permanent the taxpayer election to amortize over a five-year period expenses incurred in creating or acquiring a musical composition or any copyright with respect to such composition.

To amend the Internal Revenue Code of 1986 to extend and make permanent the rule providing 5-year amortization of expenses incurred in creating or acquiring music or music copyrights. 1. Short title This Act may be cited as the Songwriters Tax Simplification Reauthorization Act 2. Special rule for amortization of musical works and copyrights made permanent (a) In general Paragraph (8) of section 167(g) (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2010.

Songwriters Tax Simplification Reauthorization Act

Healthy Competition for Small Business Act - Amends the Patient Protection and Affordable Care Act to allow qualified employers under such Act to offer their employees enrollment in a health benefits plan under the Federal Employees Health Benefits (FEHB) Program when fewer than two qualified health plans are offered through the Small Business Health Options Program (SHOP Exchange) and no multi-state qualified health plan is available under such Act.

To make enrollment in health benefits plans under the Federal Employee Health Benefits Program available to employees of qualified employers when fewer than 2 qualified health plans are offered through the Small Business Health Options Program. 1. Short title This Act may be cited as the Healthy Competition for Small Business Act 2. SHOP exchanges Section 1311(d) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(d) (8) Rules relating to SHOP exchanges (A) In general In the case of a SHOP Exchange in a State through which fewer than 2 qualified health plans at each level of coverage described in section 1302(d)(1) are available and no multi-State Qualified health plan is available, qualified employers in the State may make available to employees enrollment in a health benefits plan under the Federal Employees Health Benefits Program, in accordance with subparagraph (B). Enrollment in such a health benefits plan shall be offered in the same manner that enrollment in other qualified health plans offered through the SHOP Exchange is offered. (B) FEHBP process (i) In general Notwithstanding the provisions of title 5, United States Code, any Executive order, or any administrative regulation, and subject to this paragraph, a qualified employer in a State described in subparagraph (A) shall be entitled to purchase coverage, rights, and benefits for the employees of the qualified employer under chapter 89 of such title if necessary employee deductions and agency contributions in payment for the coverage, rights, and benefits for the period of employment with the qualified employer are currently deposited in the Employees Health Benefits Fund established under section 8909 of such title. (ii) Separate risk pool Individuals covered under a health benefits plan under the Federal Employees Health Benefits Program under clause (i) shall be in a risk pool that is separate from the risk pool for individuals otherwise covered under a health benefits plan under the Federal Employees Health Benefits Program. (C) Termination of option (i) In general The Federal Employees Health Benefits Program enrollment option made available through a SHOP Exchange, as described in subparagraph (A), shall be terminated if— (I) 2 or more qualified health plans at each level of coverage become available through the SHOP Exchange; or (II) 1 or more multi-State qualified health plans become available through the SHOP Exchange. (ii) Expiration of coverage If the Federal Employees Health Benefits Program enrollment option is terminated, as described in clause (i), an employee of a qualified employer that is enrolled in a health benefits plan under the Federal Employees Health Benefits Program shall retain coverage under such health benefits plan until the end of the contract year. (D) Qualification For purposes of subparagraphs (A) and (C)(i)(I), a SHOP Exchange shall be deemed to have 2 or more qualified health plans at each level of coverage only if such qualified health plans at each level of coverage described in section 1302(d)(1) are offered by more than 1 issuer. .

Healthy Competition for Small Business Act

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) New Philadelphia, Illinois, Study Act - Directs the Secretary of the Interior to conduct a special resource study of the New Philadelphia archaeological site and the land surrounding it in Illinois. Requires the Secretary to report to Congress regarding the national significance of the area, the suitability and feasibility of designating the area as a unit of the National Park System, and alternatives for preservation, protection, and interpretation of the area by federal, state, or local governments or by private and nonprofit organizations.

To authorize the Secretary of the Interior to conduct a special resource study of the archeological site and surrounding land of the New Philadelphia town site in the State of Illinois, and for other purposes. 1. Short title This Act may be cited as the New Philadelphia, Illinois, Study Act 2. Findings Congress finds that— (1) Frank McWorter, an enslaved man, bought his freedom and the freedom of 15 family members by mining for crude niter in Kentucky caves and processing the mined material into saltpeter; (2) New Philadelphia, founded in 1836 by Frank McWorter, was the first town planned and legally registered by a free African-American before the Civil War; (3) the first railroad constructed in the area of New Philadelphia bypassed New Philadelphia, which led to the decline of New Philadelphia; and (4) the New Philadelphia site— (A) is a registered National Historic Landmark; (B) is covered by farmland; and (C) does not contain any original buildings of the town or the McWorter farm and home that are visible above ground. 3. Definitions In this Act: (1) Secretary The term Secretary (2) Study Area The term Study Area 4. Special resource study (a) Study The Secretary shall conduct a special resource study of the Study Area. (b) Contents In conducting the study under subsection (a), the Secretary shall— (1) evaluate the national significance of the Study Area; (2) determine the suitability and feasibility of designating the Study Area as a unit of the National Park System; (3) consider other alternatives for preservation, protection, and interpretation of the Study Area by— (A) Federal, State, or local governmental entities; or (B) private and nonprofit organizations; (4) consult with— (A) interested Federal, State, or local governmental entities; (B) private and nonprofit organizations; or (C) any other interested individuals; and (5) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives considered under paragraph (3). (c) Applicable law The study required under subsection (a) shall be conducted in accordance with section 8 of Public Law 91–383 16 U.S.C. 1a–5 (d) Report Not later than 3 years after the date on which funds are first made available for the study under subsection (a), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing— (1) the results of the study; and (2) any conclusions and recommendations of the Secretary. (e) Funding The study authorized under this section shall be carried out using existing funds of the National Park Service. December 10, 2014 Reported without amendment

New Philadelphia, Illinois, Study Act

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Commerce, Justice, Science, and Related Agencies Appropriations Act, 2014 - Makes appropriations for FY2014 for the Departments of Commerce and Justice, for science-related programs, and related agencies. Sets forth requirements, restrictions, and limitations on the use of funds appropriated by this Act. Title I: Department of Commerce - Department of Commerce Appropriations Act, 2014 - Makes appropriations for the Department of Commerce for FY2014 for: the International Trade Administration; the Bureau of Industry and Security; the Economic Development Administration; the Minority Business Development Agency; economic and statistical analysis programs; the Bureau of the Census; the National Telecommunications and Information Administration; the United States Patent and Trademark Office (USPTO); the National Institute of Standards and Technology (NIST); the National Oceanic and Atmospheric Administration (NOAA); and departmental management, including for the Office of Inspector General. (Sec. 105) Adopts by reference provisions of the Department of Commerce Appropriations Act, 2013, that prohibit NOAA from entering into a contract for development of a major program (estimated life-cycle cost of more than $250 million) unless the Under Secretary of Commerce for Oceans and Atmosphere makes specified determinations, including that: (1) the technical, cost, and schedule risks are clearly identified and the program has developed a plan to manage those risks; and (2) the technologies required for the program have been demonstrated in a relevant laboratory or test environment. (Sec. 107) Declares that nothing in this Act shall be construed to prevent a grant recipient from deterring child pornography, copyright infringement, or any other unlawful activity over its networks. (Sec. 108) Authorizes the Administrator of NOAA to use the resources of federal, state, local, or tribal agencies and other entities to carry out the responsibilities of any statute administered by NOAA. Title II: Department of Justice - Department of Justice Appropriations Act, 2014 - Makes appropriations for the Department of Justice (DOJ) for FY2014 for: general administration, including for information sharing technology, the administration of pardon and clemency petitions and immigration-related activities, and the Office of the Inspector General; the United States Parole Commission; legal activities, including for the antitrust division, the Offices of the U.S. Attorneys, the U.S. Trustee Program, the Foreign Claims Settlement Commission, fees and expenses of witnesses, the Community Relations Service, and the Assets Forfeiture Fund; the United States Marshals Service; Federal Prisoner Detention; the National Security Division; interagency law enforcement activities relating to drug trafficking and money laundering; the Federal Bureau of Investigation (FBI); the Drug Enforcement Administration (DEA); the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); the Federal Prison System; the Office on Violence Against Women for violence against women prevention and prosecution programs; the Office of Justice Programs, including for criminal justice statistics programs, state and local law enforcement assistance, juvenile justice programs, and public safety officers benefits; and community oriented policing services programs. (Sec. 202) Prohibits the use of funds under this Act to: (1) pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term or in the case of rape; or (2) require any person to perform or facilitate the performance of an abortion. (Sec. 204) Reaffirms the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive an abortion outside a federal facility. (Sec. 206) Authorizes the Attorney General to extend through FY2014 the Personnel Management Demonstration Project without limitation on the number of employees or the positions covered. (Sec. 207) Prohibits the use of funds under this Act to: (1) transport a maximum or high security prisoner other than to a prison or facility certified by the Bureau of Prisons as appropriately secure; (2) purchase cable television services or rent equipment used primarily for recreational purposes in federal prisons, except for inmate training, religious, or educational purposes; (3) purchase a new or enhanced information technology program having estimated development costs in excess of $100 million without appropriate program management controls and oversight mechanisms in place; (4) begin, continue, finish, process, or approve a public-private competition under the Office of Management and Budget (OMB) Circular A-76 for work performed by employees of the Bureau of Prisons or of Federal Prison Industries, Inc.; or (5) facilitate the transfer of an operable firearm to an individual known or suspected to be an agent of a drug cartel, unless U.S. law enforcement personnel continuously monitor or control the firearm at all times. (Sec. 214) Authorizes the Attorney General to waive matching requirements for certain adult and juvenile reentry and drug treatment programs. Title III: Science - Science Appropriations Act, 2014 - Makes appropriations for FY2014 for: (1) the Office of Science and Technology Policy; (2) the National Aeronautics and Space Administration (NASA), including for the Office of the Inspector General; and (3) the National Science Foundation (NSF), including for the Office of the National Science Board and the Office of the Inspector General. Title IV: Related Agencies - Makes appropriations for FY2014 for: (1) the Commission on Civil Rights, (2) the Equal Employment Opportunity Commission (EEOC), (3) the International Trade Commission, (4) the Legal Services Corporation, (5) the Marine Mammal Commission, (6) the Office of the United States Trade Representative, and (7) the State Justice Institute. Title V: General Provisions - (Sec. 501) Sets forth restrictions and prohibitions on the use of funds under this Act, including prohibitions against the use of funds to: promote the sale or export of tobacco or tobacco products or to seek the reduction or removal by any foreign country of restrictions on marketing of such products, except for restrictions which are not applied equally to all tobacco products of the same type; discriminate against or denigrate the religious or moral beliefs of students who participate in DOJ financial assistance programs or their parents or legal guardians; acquire a high-impact information system by the Departments of Commerce and Justice, NASA, or NSF unless such agencies have conducted risk-related reviews; justify the use of torture by any U.S. official or contract employee; pay administrative expenses or to compensate any U.S. officer or employee in connection with requiring licenses for exporting certain firearms components to Canada with a total value not exceeding $500 wholesale in any transaction; include in any new bilateral or multilateral trade agreement the text of certain provisions of the United States-Singapore, Australia, or Morocco Free Trade Agreements; authorize or issue a national security letter in contravention of specified laws authorizing the FBI to issue national security letters; purchase first class or premium airline travel in contravention of federal regulations; pay for the attendance of more than 50 federal agency employees at a conference outside the United States, unless such conference is for the training of law enforcement personnel; pay salaries of personnel to deny, or fail to act on, an application for the importation of any model of shotgun if legal requirements for such importation are met and no application for the importation of such model of shotgun had been denied prior to January 1, 2011; maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography; and award contracts, grants, or loan guarantees to any corporation that was convicted of a felony criminal violation in the preceding 24 months. (Sec. 506) Renders any person who mislabels a product sold in or shipped to the United States as "Made in America" ineligible to receive any contract or subcontract funded by this Act. Requires funds made available by this Act to be used for the purchase of items that are manufactured, produced, or assembled in the United States, its territories or possessions. (Sec. 521) Requires program managers of projects of the Departments of Commerce or Justice, NASA, or the NSF totaling more than $75 million to notify such agencies if project costs have increased by 10%. (Sec. 522) Authorizes funding for intelligence-related activities during FY2014 until the enactment of the Intelligence Authorization Act for FY2014. (Sec. 523) Requires departments, agencies, and commissions funded under this Act to establish and maintain on their Internet websites a direct link to their Offices of Inspectors General and a mechanism for anonymously reporting waste, fraud, and abuse. (Sec. 524) Prohibits contracting with or awarding grants in excess of $5 million to a contractor or grantee unless such contractor or grantor certifies compliance with tax return requirements and has not been convicted of a criminal tax offense. (Sec. 525) Requires the rescission, not later than September 30, 2014, of specified unobligated balances available for certain DOJ programs. (Sec. 526) Prohibits the use of funds under this Act in a manner that is inconsistent with the principal negotiating objective of the United States with respect to trade remedy laws to preserve the ability of the United States to: (1) enforce vigorously its trade laws, (2) avoid agreements that lessen the effectiveness of domestic and international disciplines on unfair trade or safeguards to protect competition, and (3) address and remedy market distortions that lead to dumping and subsidization. (Sec. 529) Prohibits the use of funds under this Act to: (1) transfer or release to or within the United States Khalid Sheikh Mohammed or any other detainee who is not a U.S. citizen or a member of the U.S. Armed Forces and who is or was held on or after June 24, 2009, at the U.S. Naval Station, Guantanamo Bay, Cuba, by DOD; or (2) construct, acquire, or modify any facility in the United States, its territories, or possessions to detain or imprison such a detainee. (Sec. 531) Prohibits the use of funds for the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries. (Sec. 532) Directs that funds made available in this Act be used to purchase light bulbs that are "Energy Star" qualified or have the "Federal Energy Management Program" designation. (Sec. 540) Requires executive branch officials to: (1) submit annual reports to their Inspectors General or senior ethics officials on conferences held in FY2014 which cost the government more than $100,000, and (2) notify their Inspectors General or senior ethics officials of the date, location, and number or employees attending a conference costing the government more than $20,000 within 15 days of the date of such conference. Prohibits funding for travel and conference activities that are not in compliance with OMB Memorandum M-12-12, dated May 11, 2012.

Making appropriations for Departments of Commerce and Justice, and Science, 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 Departments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending September 30, 2014, and for other purposes, namely: I Department of Commerce International Trade Administration Operations and Administration For necessary expenses for international trade activities of the Department of Commerce provided for by law, to carry out the SelectUSA Initiative as provided by Executive Order 13577 of June 15, 2011, and for engaging in trade promotional activities abroad, including expenses of grants and cooperative agreements for the purpose of promoting exports of United States firms, without regard to sections 3702 and 3703 of title 44, United States Code; full medical coverage for dependent members of immediate families of employees stationed overseas and employees temporarily posted overseas; travel and transportation of employees of the International Trade Administration between two points abroad, without regard to section 40118 of title 49, United States Code; employment of Americans and aliens by contract for services; rental of space abroad for periods not exceeding 10 years, and expenses of alteration, repair, or improvement; purchase or construction of temporary demountable exhibition structures for use abroad; payment of tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, United States Code, when such claims arise in foreign countries; not to exceed $294,300 for official representation expenses abroad; purchase of passenger motor vehicles for official use abroad, not to exceed $45,000 per vehicle; obtaining insurance on official motor vehicles; and rental of tie lines, $500,000,000, to remain available until September 30, 2015, of which $9,439,000 is to be derived from fees to be retained and used by the International Trade Administration, notwithstanding section 3302 Provided Provided further Bureau of Industry and Security Operations and Administration For necessary expenses for export administration and national security activities of the Department of Commerce, including costs associated with the performance of export administration field activities both domestically and abroad; full medical coverage for dependent members of immediate families of employees stationed overseas; employment of Americans and aliens by contract for services abroad; payment of tort claims, in the manner authorized in the first paragraph of section 2672 22 U.S.C. 401(b) Provided 22 U.S.C. 2455(f) Provided further Economic development administration Economic development assistance programs For grants for economic development assistance as provided by the Public Works and Economic Development Act of 1965; for grants authorized by section 27 of the Stevenson-Wydler Technology Innovation Act of 1980; and for trade adjustment assistance, $237,332,000, to remain available until expended, of which $25,000,000 shall be for regional innovation programs under section 27 of the Stevenson-Wydler Technology Act of 1980: Provided Salaries and expenses For necessary expenses of administering the economic development assistance programs as provided for by law, $38,913,000: Provided Minority Business Development Agency Minority Business Development For necessary expenses of the Department of Commerce in fostering, promoting, and developing minority business enterprise, including expenses of grants, contracts, and other agreements with public or private organizations, $29,286,000. Economic and statistical analysis Salaries and expenses For necessary expenses, as authorized by law, of economic and statistical analysis programs of the Department of Commerce, $104,048,000, to remain available until September 30, 2015. Bureau of the census Salaries and expenses For necessary expenses for collecting, compiling, analyzing, preparing and publishing statistics, provided for by law, $256,048,000: Provided Periodic censuses and programs For necessary expenses for collecting, compiling, analyzing, preparing and publishing statistics for periodic censuses and programs, provided for by law, $726,436,000, to remain available until September 30, 2014: Provided Provided further Provided further Office of Inspector General National telecommunications and information administration Salaries and expenses For necessary expenses, as provided for by law, of the National Telecommunications and Information Administration (NTIA), $52,122,000, to remain available until September 30, 2015: Provided Provided further Public telecommunications facilities, planning and construction For the administration of prior-year grants, recoveries and unobligated balances of funds previously appropriated are available for the administration of all open grants until their expiration. United states patent and trademark office Salaries and expenses (including transfers of funds) For necessary expenses of the United States Patent and Trademark Office (USPTO) provided for by law, including defense of suits instituted against the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, $3,024,000,000, to remain available until expended: Provided Provided further Provided further Provided further Provided further Provided further Provided further Salaries and Expenses section 8334(a) Provided further Provided further section 42(c) Public Law 112–29 Provided further Office of Inspector General National institute of standards and technology Scientific and technical research and services For necessary expenses of the National Institute of Standards and Technology (NIST), $703,000,000, to remain available until expended, of which not to exceed $9,000,000 may be transferred to the Working Capital Fund Provided Provided further Industrial technology services For necessary expenses for industrial technology services, $184,507,000, to remain available until expended, of which $153,078,000 shall be for the Hollings Manufacturing Extension Partnership, and of which $31,429,000 shall be for the Advanced Manufacturing Technology Consortia. Construction of Research Facilities For construction of new research facilities, including architectural and engineering design, and for renovation and maintenance of existing facilities, not otherwise provided for the National Institute of Standards and Technology, as authorized by sections 13 through 15 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278c–278e Provided section 1105(a) National oceanic and atmospheric administration Operations, research, and facilities (including transfer of funds) For necessary expenses of activities authorized by law for the National Oceanic and Atmospheric Administration, including maintenance, operation, and hire of aircraft and vessels; grants, contracts, or other payments to nonprofit organizations for the purposes of conducting activities pursuant to cooperative agreements; and relocation of facilities, $3,296,254,000, to remain available until September 30, 2015, except that funds provided for cooperative enforcement shall remain available until September 30, 2016: Provided section 3302 Provided further Promote and Develop Fishery Products and Research Pertaining to American Fisheries Provided further Provided further Provided further Provided further 10 U.S.C. 55 Procurement, acquisition and construction For procurement, acquisition and construction of capital assets, including alteration and modification costs, of the National Oceanic and Atmospheric Administration, $2,084,134,000, to remain available until September 30, 2016, except that funds provided for construction of facilities shall remain available until expended: Provided Provided further Provided further Provided further Office of Inspector General Pacific Coastal Salmon Recovery For necessary expenses associated with the restoration of Pacific salmon populations, $65,000,000, to remain available until September 30, 2015: Provided Provided further Provided further Fisheries disaster mitigation fund For necessary expenses associated with the mitigation of fishery disasters, $150,000,000, to remain available until expended: Provided Fishermen's Contingency Fund For carrying out the provisions of title IV of Public Law 95–372 Fisheries finance program account Subject to section 502 of the Congressional Budget Act of 1974, during fiscal year 2014, obligations of direct loans may not exceed $24,000,000 for Individual Fishing Quota loans and not to exceed $100,000,000 for traditional direct loans as authorized by the Merchant Marine Act of 1936. Departmental Management Salaries and Expenses For necessary expenses for the management of the Department of Commerce provided for by law, including not to exceed $4,500 for official reception and representation, $59,595,000: Provided renovation and modernization For necessary expenses for the renovation and modernization of Department of Commerce facilities, $14,803,000, to remain available until expended. 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 (5 U.S.C. App.), $30,490,000. General provisions—Department of commerce 101. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce by this Act shall be available for the activities specified in the Act of October 26, 1949 ( 15 U.S.C. 1514 31 U.S.C. 3324 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902). 103. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Commerce in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided Provided further 104. Any costs incurred by a department or agency funded under this title resulting from personnel actions taken in response to funding reductions included in this title or from actions taken for the care and protection of loan collateral or grant property shall be absorbed within the total budgetary resources available to such department or agency: Provided Provided further 105. The requirements set forth by section 105 of division B of Public Law 113–6 106. Notwithstanding any other provision of law, the Secretary may furnish services (including but not limited to utilities, telecommunications, and security services) necessary to support the operation, maintenance, and improvement of space that persons, firms, or organizations are authorized, pursuant to the Public Buildings Cooperative Use Act of 1976 or other authority, to use or occupy in the Herbert C. Hoover Building, Washington, DC, or other buildings, the maintenance, operation, and protection of which has been delegated to the Secretary from the Administrator of General Services pursuant to the Federal Property and Administrative Services Act of 1949 on a reimbursable or non-reimbursable basis. Amounts received as reimbursement for services provided under this section or the authority under which the use or occupancy of the space is authorized, up to $200,000, shall be credited to the appropriation or fund which initially bears the costs of such services. 107. Nothing in this title shall be construed to prevent a grant recipient from deterring child pornography, copyright infringement, or any other unlawful activity over its networks. 108. The Administrator of the National Oceanic and Atmospheric Administration is authorized to use, with their consent, with reimbursement and subject to the limits of available appropriations, the land, services, equipment, personnel, and facilities of any department, agency, or instrumentality of the United States, or of any State, local government, Indian tribal government, territory, or possession, or of any political subdivision thereof, or of any foreign government or international organization, for purposes related to carrying out the responsibilities of any statute administered by the National Oceanic and Atmospheric Administration. This title may be cited as the Department of Commerce Appropriations Act, 2014 II Department of Justice General Administration Salaries and Expenses For expenses necessary for the administration of the Department of Justice, $126,208,000, of which not to exceed $4,000,000 for security and construction of Department of Justice facilities shall remain available until expended. Justice Information Sharing Technology For necessary expenses for information sharing technology, including planning, development, deployment and departmental direction, $25,842,000, to remain available until expended: Provided Provided further Administrative review and appeals (including transfer of funds) For expenses necessary for the administration of pardon and clemency petitions and immigration-related activities, $333,147,000, of which $4,000,000 shall be derived by transfer from the Executive Office for Immigration Review fees deposited in the Immigration Examinations Fee (1) $5,000,000 is for Executive Office for Immigration Review information technology systems and shall remain available until expended; (2) $10,000,000 is for the Executive Office for Immigration Review Legal Orientation Program; and (3) $4,000,000 is for the Executive Office for Immigration Review to develop, implement, and evaluate a pilot program to improve the level and quality of legal representation of vulnerable populations: Provided Office of inspector general For necessary expenses of the Office of Inspector General, $85,845,000, including not to exceed $10,000 to meet unforeseen emergencies of a confidential character. United States Parole Commission Salaries and Expenses For necessary expenses of the United States Parole Commission as authorized, $13,021,000. Legal activities Salaries and expenses, general legal activities For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, including not to exceed $20,000 for expenses of collecting evidence, to be expended under the direction of, and to be accounted for solely under the certificate of, the Attorney General; and rent of private or Government-owned space in the District of Columbia, $905,605,000, of which not to exceed $10,000,000 for litigation support contracts shall remain available until expended: Provided Provided further Salaries and Expenses, General Legal Activities Provided further Provided further 42 U.S.C. 1973f Provided further In addition, for reimbursement of expenses of the Department of Justice associated with processing cases under the National Childhood Vaccine Injury Act of 1986, not to exceed $7,833,000, to be appropriated from the Vaccine Injury Compensation Trust Fund. Salaries and expenses, antitrust division For expenses necessary for the enforcement of antitrust and kindred laws, $160,410,000, to remain available until expended: Provided 15 U.S.C. 18a Provided further Salaries and Expenses, United States Attorneys For necessary expenses of the Offices of the United States Attorneys, including inter-governmental and cooperative agreements, $2,007,717,000: Provided Provided further United states trustee system fund For necessary expenses of the United States Trustee Program, as authorized, $225,728,000, to remain available until expended and to be derived from the United States Trustee System Fund: Provided Provided further section 589a(b) Provided further Salaries and expenses, foreign claims settlement commission For expenses necessary to carry out the activities of the Foreign Claims Settlement Commission, including services as authorized by section 3109 Fees and Expenses of Witnesses For fees and expenses of witnesses, for expenses of contracts for the procurement and supervision of expert witnesses, for private counsel expenses, including advances, and for expenses of foreign counsel, $270,000,000, to remain available until expended, of which not to exceed $16,000,000 is for construction of buildings for protected witness safesites; not to exceed $3,000,000 is for the purchase and maintenance of armored and other vehicles for witness security caravans; and not to exceed $11,000,000 is for the purchase, installation, maintenance, and upgrade of secure telecommunications equipment and a secure automated information network to store and retrieve the identities and locations of protected witnesses. Salaries and Expenses, Community Relations Service For necessary expenses of the Community Relations Service, $12,464,000: Provided Provided further Assets Forfeiture Fund For expenses authorized by subparagraphs (B), (F), and (G) of section 524(c)(1) United states marshals service Salaries and expenses For necessary expenses of the United States Marshals Service, $1,211,553,000, of which not to exceed $6,000 shall be available for official reception and representation expenses, and not to exceed $15,000,000 shall remain available until expended. construction For construction in space controlled, occupied or utilized by the United States Marshals Service for prisoner holding and related support, $10,000,000, to remain available until expended. Federal Prisoner Detention For necessary expenses related to United States prisoners in the custody of the United States Marshals Service as authorized by section 4013 Provided funds appropriated for State and local law enforcement assistance section 4013(b) Provided further National Security Division salaries and expenses For expenses necessary to carry out the activities of the National Security Division, $96,240,000, of which not to exceed $5,000,000 for information technology systems shall remain available until expended: Provided Provided further Interagency Law Enforcement interagency crime and drug enforcement For necessary expenses for the identification, investigation, and prosecution of individuals associated with the most significant drug trafficking and affiliated money laundering organizations not otherwise provided for, to include inter-governmental agreements with State and local law enforcement agencies engaged in the investigation and prosecution of individuals involved in organized crime drug trafficking, $523,037,000, of which $50,000,000 shall remain available until expended: Provided Federal Bureau of Investigation salaries and expenses For necessary expenses of the Federal Bureau of Investigation for detection, investigation, and prosecution of crimes against the United States, $8,361,687,000: Provided Provided further construction For necessary expenses, to include the cost of equipment, furniture, and information technology requirements, related to construction or acquisition of buildings, facilities and sites by purchase, or as otherwise authorized by law; conversion, modification and extension of Federally-owned buildings; preliminary planning and design of projects; and operation and maintenance of secure work environment facilities and secure networking capabilities; $110,982,000, to remain available until expended: Provided Federal Bureau of Investigations, Construction Federal Bureau of Investigations, Salaries and Expenses Provided further Drug Enforcement Administration salaries and expenses For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000 to meet unforeseen emergencies of a confidential character pursuant to section 530C Bureau of Alcohol, Tobacco, Firearms and Explosives salaries and expenses For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives, for training of State and local law enforcement agencies with or without reimbursement, including training in connection with the training and acquisition of canines for explosives and fire accelerants detection; and for provision of laboratory assistance to State and local law enforcement agencies, with or without reimbursement, $1,229,518,000, of which not to exceed $36,000 shall be for official reception and representation expenses, not to exceed $1,000,000 shall be available for the payment of attorneys' fees as provided by section 924(d)(2) Provided section 925(c) Provided further Provided further Federal Prison System salaries and expenses (including transfer of funds) For necessary expenses of the Federal Prison System for the administration, operation, and maintenance of Federal penal and correctional institutions, and for the provision of technical assistance and advice on corrections related issues to foreign governments, $6,831,150,000: Provided Provided further Provided further Provided further Provided further Provided further buildings and facilities For planning, acquisition of sites and construction of new facilities; purchase and acquisition of facilities and remodeling, and equipping of such facilities for penal and correctional use, including all necessary expenses incident thereto, by contract or force account; and constructing, remodeling, and equipping necessary buildings and facilities at existing penal and correctional institutions, including all necessary expenses incident thereto, by contract or force account, $105,244,000, to remain available until expended, of which not less than $67,148,000 shall be available only for modernization, maintenance and repair, and of which not to exceed $14,000,000 shall be available to construct areas for inmate work programs: Provided federal prison industries, incorporated The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available, and in accord with the law, and to make such contracts and commitments, without regard to fiscal year limitations as provided by section 9104 limitation on administrative expenses, federal prison industries, incorporated Not to exceed $2,700,000 of the funds of the Federal Prison Industries, Incorporated shall be available for its administrative expenses, and for services as authorized by section 3109 State and Local Law Enforcement Activities Office on Violence Against Women violence against women prevention and prosecution programs For grants, contracts, cooperative agreements, and other assistance for the prevention and prosecution of violence against women, as authorized by the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3711 et seq. the 1968 Act Public Law 103–322 the 1994 Act Public Law 101–647 the 1990 Act Public Law 108–21 the 1974 Act Public Law 106–386 the 2000 Act Public Law 109–162 the 2005 Act Public Law 113–4 the 2013 Act Provided Provided further (1) $193,000,000 is for grants to combat violence against women, as authorized by part T of the 1968 Act; (2) $25,000,000 is for transitional housing assistance grants for victims of domestic violence, dating violence, stalking or sexual assault as authorized by section 40299 of the 1994 Act; (3) $3,000,000 is for the National Institute of Justice for research and evaluation of violence against women and related issues addressed by grant programs of the Office on Violence Against Women, which shall be transferred to Research, Evaluation and Statistics (4) $10,000,000 is for a grant program to provide services to advocate for and respond to youth victims of domestic violence, dating violence, sexual assault, and stalking; assistance to children and youth exposed to such violence; programs to engage men and youth in preventing such violence; and assistance to middle and high school students through education and other services related to such violence: Provided Provided further Provided further (5) $50,000,000 is for grants to encourage arrest policies as authorized by part U of the 1968 Act, of which $4,000,000 is for a homicide reduction initiative; (6) $27,000,000 is for sexual assault victims assistance, as authorized by section 41601 of the 1994 Act; (7) $36,000,000 is for rural domestic violence and child abuse enforcement assistance grants, as authorized by section 40295 of the 1994 Act; (8) $9,000,000 is for grants to reduce violent crimes against women on campus, as authorized by section 304 of the 2005 Act; (9) $37,000,000 is for legal assistance for victims, as authorized by section 1201 of the 2000 Act; (10) $4,250,000 is for enhanced training and services to end violence against and abuse of women in later life, as authorized by section 40802 of the 1994 Act; (11) $15,000,000 is for grants to support families in the justice system, as authorized by section 1301 of the 2000 Act: Provided (12) $5,750,000 is for education and training to end violence against and abuse of women with disabilities, as authorized by section 1402 of the 2000 Act; (13) $500,000 is for the National Resource Center on Workplace Responses to assist victims of domestic violence, as authorized by section 41501 of the 1994 Act; (14) $1,000,000 is for analysis and research on violence against Indian women, including as authorized by section 904 of the 2005 Act: Provided Research, Evaluation and Statistics (15) $500,000 is for the Office on Violence Against Women to establish a national clearinghouse that provides training and technical assistance on issues relating to sexual assault of American Indian and Alaska Native women. Office of Justice Programs research, evaluation and statistics For grants, contracts, cooperative agreements, and other assistance authorized by title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( the 1968 Act the 1974 Act Public Law 108–21 Public Law 108–405 Public Law 109–162 the 2005 Act Public Law 101–647 Public Law 110–199 Public Law 98–473 Public Law 109–248 the Adam Walsh Act Public Law 110–401 Public Law 107–296 the 2002 Act Public Law 110–180 Public Law 113–4 the 2013 Act (1) $48,000,000 is for criminal justice statistics programs, and other activities, as authorized by part C of title I of the 1968 Act; (2) $43,000,000 is for research, development, and evaluation programs, and other activities as authorized by part B of title I of the 1968 Act and subtitle D of title II of the 2002 Act; (3) $2,000,000 is for an evaluation clearinghouse program; (4) $30,000,000 is for regional information sharing activities, as authorized by part M of title I of the 1968 Act; and (5) $6,000,000 is for activities to strengthen and enhance the practice of forensic sciences, of which $1,000,000 is for the support of a Forensic Science Advisory Committee to be chaired by the Attorney General and the Director of the National Institute of Standards and Technology, and $5,000,000 is for transfer to the National Science Foundation under the heading Research and Related Activities state and local law enforcement assistance For grants, contracts, cooperative agreements, and other assistance authorized by the Violent Crime Control and Law Enforcement Act of 1994 ( Public Law 103–322 the 1994 Act the 1968 Act Public Law 101–647 the 1990 Act Public Law 109–164 Public Law 109–162 the 2005 Act Public Law 109–248 the Adam Walsh Act Public Law 106–386 Public Law 110–180 Public Law 107–296 the 2002 Act Public Law 110–199 Public Law 110–403 Public Law 98–473 Public Law 110–416 Public Law 113–4 the 2013 Act (1) $385,000,000 for the Edward Byrne Memorial Justice Assistance Grant program as authorized by subpart 1 of part E of title I of the 1968 Act (except that section 1001(c), and the special rules for Puerto Rico under section 505(g), of title I of the 1968 Act shall not apply for purposes of this Act), of which, notwithstanding such subpart 1, $2,000,000 is for a program to improve State and local law enforcement intelligence capabilities including antiterrorism training and training to ensure that constitutional rights, civil liberties, civil rights, and privacy interests are protected throughout the intelligence process, $2,000,000 is for a State, local, and tribal assistance help desk and diagnostic center program, $15,000,000 is for a Preventing Violence Against Law Enforcement Officer Resilience and Survivability Initiative (VALOR), $10,000,000 is for an initiative to support evidence-based policing, and $5,000,000 is for an initiative to enhance prosecutorial decision-making; (2) $190,000,000 for the State Criminal Alien Assistance Program, as authorized by section 241(i)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1231(i)(5) Provided (3) $5,000,000 for a border prosecutor initiative to reimburse State, county, parish, tribal, or municipal governments for costs associated with the prosecution of criminal cases declined by local offices of the United States Attorneys; (4) $17,000,000 for competitive grants to improve the functioning of the criminal justice system, to prevent or combat juvenile delinquency, and to assist victims of crime (other than compensation); (5) $15,000,000 for victim services programs for victims of trafficking, as authorized by section 107(b)(2) of Public Law 106–386 Public Law 113–4 Public Law 113–4 (6) $40,000,000 for Drug Courts, as authorized by section 1001(a)(25)(A) of title I of the 1968 Act; (7) $9,000,000 for mental health courts and adult and juvenile collaboration program grants, as authorized by parts V and HH of title I of the 1968 Act, and the Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2008 ( Public Law 110–416 (8) $14,000,000 for grants for Residential Substance Abuse Treatment for State Prisoners, as authorized by part S of title I of the 1968 Act; (9) $3,000,000 for the Capital Litigation Improvement Grant Program, as authorized by section 426 of Public Law 108–405 (10) $11,000,000 for economic, high technology and Internet crime prevention grants, including as authorized by section 401 of Public Law 110–403 (11) $4,000,000 for a student loan repayment assistance program pursuant to section 952 of Public Law 110–315 (12) $20,000,000 for sex offender management assistance, as authorized by the Adam Walsh Act and the 1994 Act, and related activities; (13) $16,000,000 for an initiative relating to children exposed to violence; (14) $21,000,000 for an Edward Byrne Memorial criminal justice innovation program; (15) $22,500,000 for the matching grant program for law enforcement armor vests, as authorized by section 2501 of title I of the 1968 Act: Provided (16) $1,000,000 for the National Sex Offender Public Website; (17) $17,000,000 for competitive and evidence-based programs to reduce gun crime and gang violence; (18) $12,000,000 for grants to assist State and tribal governments and related activities, as authorized by the NICS Improvement Amendments Act of 2007 (Public Law 110–180); (19) $50,000,000 for the National Criminal History Improvement Program for grants to upgrade criminal and mental health records necessary for the functioning of the National Instant Criminal Background Check System; (20) $15,000,000 for Paul Coverdell Forensic Sciences Improvement Grants under part BB of title I of the 1968 Act; (21) $125,000,000 for DNA-related and forensic programs and activities, of which— (A) $117,000,000 is for a DNA analysis and capacity enhancement program and for other local, State, and Federal forensic activities, including the purposes authorized under section 2 of the DNA Analysis Backlog Elimination Act of 2000 (the Debbie Smith DNA Backlog Grant Program): Provided Public Law 108–405 Provided further 42 U.S.C. 3797k(1) (B) $4,000,000 is for the purposes described in the Kirk Bloodsworth Post-Conviction DNA Testing Program ( Public Law 108–405 (C) $4,000,000 is for Sexual Assault Forensic Exam Program Grants, including as authorized by section 304 of Public Law 108–405 (22) $6,000,000 for the court-appointed special advocate program, as authorized by section 217 of the 1990 Act; (23) $70,500,000 for offender reentry programs and research, as authorized by the Second Chance Act of 2007 ( Public Law 110–199 Provided Provided further Provided further Public Law 110–199 (24) $4,000,000 for a veterans treatment courts program; (25) $1,000,000 to establish and operate a National Center for Campus Public Safety; (26) $30,000,000 for a Justice Reinvestment Initiative program, for activities related to criminal justice reform and recidivism reduction; (27) $8,000,000 for additional replication sites employing the Project HOPE Opportunity Probation with Enforcement model implementing swift and certain sanctions in probation, and for a research project on the effectiveness of the model; and (28) $25,000,000 is for the Office of Victims of Crime for supplemental victims’ services and other victim-related programs and initiatives, including research and statistics, and for tribal assistance for victims of violence: Provided further juvenile justice programs For grants, contracts, cooperative agreements, and other assistance authorized by the Juvenile Justice and Delinquency Prevention Act of 1974 ( the 1974 Act the 1968 Act Public Law 109–162 the 2005 Act 42 U.S.C. 5771 et seq. Public Law 108–21 Public Law 101–647 the 1990 Act Public Law 109–248 the Adam Walsh Act Public Law 110–401 Public Law 113–4 the 2013 Act (1) $50,000,000 for programs authorized by section 221 of the 1974 Act, and for training and technical assistance to assist small, nonprofit organizations with the Federal grants process: Provided (2) $61,000,000 for youth mentoring grants; (3) $35,000,000 for delinquency prevention, as authorized by section 505 of the 1974 Act, of which, pursuant to sections 261 and 262 thereof— (A) $10,000,000 shall be for the Tribal Youth Program; (B) $5,000,000 shall be for gang and youth violence education, prevention and intervention, and related activities; (C) $5,000,000 shall be for programs and activities to enforce State laws prohibiting the sale of alcoholic beverages to minors or the purchase or consumption of alcoholic beverages by minors, for prevention and reduction of consumption of alcoholic beverages by minors, and for technical assistance and training; (D) $10,000,000 shall be for competitive grants to police and juvenile justice authorities in communities that have been awarded Department of Education School Climate Transformation Grants to collaborate on use of evidence-based positive behavior strategies to increase school safety and reduce juvenile arrests; and (E) $5,000,000 shall be for incentive grants to assist States that use Juvenile Accountability Block Grants program funds for evidence-based juvenile justice system realignment to foster better outcomes for affected juveniles; (4) $19,000,000 for programs authorized by the Victims of Child Abuse Act of 1990; (5) $30,000,000 for the Juvenile Accountability Block Grants program as authorized by part R of title I of the 1968 Act: Provided (6) $11,000,000 for community-based violence prevention initiatives, including for public health approaches to reducing shootings and violence; (7) $67,000,000 for missing and exploited children programs, including as authorized by sections 404(b) and 405(a) of the 1974 Act (except that section 102(b)(4)(B) of the PROTECT Our Children Act of 2008 ( Public Law 110–401 (8) $1,500,000 for child abuse training programs for judicial personnel and practitioners, as authorized by section 222 of the 1990 Act; (9) $2,000,000 for grants and technical assistance in support of the National Forum on Youth Violence Prevention; (10) $500,000 for an Internet site providing information and resources on children of incarcerated parents; and (11) $2,000,000 for competitive grants focusing on girls in the juvenile justice system: Provided Provided further Provided further public safety officer benefits For payments and expenses authorized under section 1001(a)(4) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, such sums as are necessary (including amounts for administrative costs), to remain available until expended; and $16,300,000 for payments authorized by section 1201(b) of such Act and for educational assistance authorized by section 1218 of such Act, to remain available until expended: Provided Public Safety Officer Benefits Provided further Community Oriented Policing Services community oriented policing services programs (including transfer of funds) For activities authorized by the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322); the Omnibus Crime Control and Safe Streets Act of 1968 ( the 1968 Act Public Law 109–162 the 2005 Act Provided Provided further Provided further (1) $12,500,000 is for anti-methamphetamine-related activities, which shall be transferred to the Drug Enforcement Administration upon enactment of this Act; (2) $20,000,000 is for improving tribal law enforcement, including hiring, equipment, training, and anti-methamphetamine activities; (3) $201,000,000 is for grants under section 1701 of title I of the 1968 Act ( 42 U.S.C. 3796dd Provided 42 U.S.C. 3796dd Provided further 42 U.S.C. 3796dd–3(c) Provided further 42 U.S.C. 3796dd(b)(1) Provided further Provided further Provided further (4) $150,000,000 is for a comprehensive school safety program of grants and technical assistance to improve school safety through hiring, equipment, training, and responding to other critical needs as authorized by sections 1701 and 2701 of the 1968 Act (42 U.S.C. 3796dd and 42 U.S.C. 3797a Provided 42 U.S.C. 3796dd(b)(12) Provided further school counselor school psychologist other qualified psychologist school social worker child and adolescent psychiatrist Provided further 42 U.S.C. 3796dd–3(c) Provided further 42 U.S.C. 3797a(d)(1) 42 U.S.C. 3796dd(g) Provided further 42 U.S.C. 3797d(1) school 42 U.S.C. 3796dd(b)(12) Provided further 42 U.S.C. 3796dd(a) Provided further Provided further (5) $10,000,000 is for competitive grants to State law enforcement agencies in States with high seizures of precursor chemicals, finished methamphetamine, laboratories, and laboratory dump seizures: Provided General provisions—Department of justice 201. In addition to amounts otherwise made available in this title for official reception and representation expenses, a total of not to exceed $50,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney General for official reception and representation expenses. 202. None of the funds appropriated by this title shall be available to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape: Provided 203. None of the funds appropriated under this title shall be used to require any person to perform, or facilitate in any way the performance of, any abortion. 204. Nothing in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive such service outside the Federal facility: Provided 205. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Justice in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers: Provided 206. The Attorney General is authorized to extend through September 30, 2014, the Personnel Management Demonstration Project transferred to the Attorney General pursuant to section 1115 of the Homeland Security Act of 2002 ( Public Law 107–296 28 U.S.C. 599B 207. None of the funds made available to the Department of Justice in this Act may be used for the purpose of transporting an individual who is a prisoner pursuant to conviction for crime under State or Federal law and is classified as a maximum or high security prisoner, other than to a prison or other facility certified by the Federal Bureau of Prisons as appropriately secure for housing such a prisoner. 208. (a) None of the funds appropriated by this Act may be used by Federal prisons to purchase cable television services, or to rent or purchase audiovisual or electronic media or equipment used primarily for recreational purposes. (b) Subsection (a) does not preclude the rental, maintenance, or purchase of audiovisual or electronic media or equipment for inmate training, religious, or educational programs. 209. None of the funds made available under this title shall be obligated or expended for any new or enhanced information technology program having total estimated development costs in excess of $100,000,000, unless the Deputy Attorney General and the investment review board certify to the Committees on Appropriations of the House of Representatives and the Senate that the information technology program has appropriate program management controls and contractor oversight mechanisms in place, and that the program is compatible with the enterprise architecture of the Department of Justice. 210. The notification thresholds and procedures set forth in section 505 of this Act shall apply to deviations from the amounts designated for specific activities in this Act and accompanying report, and to any use of deobligated balances of funds provided under this title in previous years. 211. None of the funds appropriated by this Act may be used to plan for, begin, continue, finish, process, or approve a public-private competition under the Office of Management and Budget Circular A–76 or any successor administrative regulation, directive, or policy for work performed by employees of the Bureau of Prisons or of Federal Prison Industries, Incorporated. 212. Notwithstanding any other provision of law, no funds shall be available for the salary, benefits, or expenses of any United States Attorney assigned dual or additional responsibilities by the Attorney General or his designee that exempt that United States Attorney from the residency requirements of section 545 213. At the discretion of the Attorney General, and in addition to any amounts that otherwise may be available (or authorized to be made available) by law, with respect to funds appropriated by this title under the headings Research, Evaluation and Statistics State and Local Law Enforcement Assistance Juvenile Justice Programs (1) up to 4 percent of funds made available to the Office of Justice Programs for grant or reimbursement programs may be used by such Office to provide training and technical assistance; (2) up to 2 percent of funds made available for grant or reimbursement programs under such headings, except for amounts appropriated specifically for research, evaluation, or statistical programs administered by the National Institute of Justice and the Bureau of Justice Statistics, shall be transferred to and merged with funds provided to the National Institute of Justice and the Bureau of Justice Statistics, to be used by them for research, evaluation, or statistical purposes, without regard to the authorizations for such grant or reimbursement programs; and (3) up to 5 percent of funds made available for grant or reimbursement programs: (1) under the heading “State and Local Law Enforcement Assistance”; or (2) under the headings “Research, Evaluation, and Statistics” and “Juvenile Justice Programs”, to be transferred to and merged with funds made available under the heading “State and Local Law Enforcement Assistance”, shall be available for tribal criminal justice assistance without regard to the authorizations for such grant or reimbursement programs. 214. The Attorney General may, upon request by a grantee and based upon a determination of fiscal hardship, waive the requirements of sections 2976(g)(1), 2978(e)(1) and (2), and 2904 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797w(g)(1) 215. Notwithstanding any other provision of law, section 20109(a) of subtitle A of title II of the Violent Crime Control and Law Enforcement Act of 1994 ( 42 U.S.C. 13709(a) 216. None of the funds made available under this Act, other than for the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note), may be used by a Federal law enforcement officer to facilitate the transfer of an operable firearm to an individual if the Federal law enforcement officer knows or suspects that the individual is an agent of a drug cartel, unless law enforcement personnel of the United States continuously monitor or control the firearm at all times. This title may be cited as the Department of Justice Appropriations Act, 2014 III Science Office of science and technology policy For necessary expenses of the Office of Science and Technology Policy, in carrying out the purposes of the National Science and Technology Policy, Organization, and Priorities Act of 1976 ( 42 U.S.C. 6601 et seq. section 3109 National Aeronautics and Space Administration Science For necessary expenses, not otherwise provided for, in the conduct and support of science research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 5902 Provided Provided further aeronautics For necessary expenses, not otherwise provided for, in the conduct and support of aeronautics research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 5902 space technology For necessary expenses, not otherwise provided for, in the conduct and support of space research and technology development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $670,100,000, to remain available until September 30, 2015. exploration For necessary expenses, not otherwise provided for, in the conduct and support of exploration research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 5902 Provided Provided further Provided further Provided further Construction and Environmental Compliance and Restoration Provided further Provided further, Provided further space operations For necessary expenses, not otherwise provided for, in the conduct and support of space operations research and development activities, including research, development, operations, support and services; space flight, spacecraft control and communications activities, including operations, production, and services; maintenance and repair, facility planning and design; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 5902 education For necessary expenses, not otherwise provided for, in carrying out aerospace and aeronautical education research and development activities, including research, development, operations, support, and services; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $116,600,000, to remain available until September 30, 2015, of which $18,000,000 shall be for the Experimental Program to Stimulate Competitive Research and $40,000,000 shall be for the National Space Grant College program. cross agency support For necessary expenses, not otherwise provided for, in the conduct and support of science, aeronautics, exploration, space operations and education research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 5902 Provided construction and environmental compliance and restoration For necessary expenses for construction of facilities including repair, rehabilitation, revitalization, and modification of facilities, construction of new facilities and additions to existing facilities, facility planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law, and environmental compliance and restoration, $586,900,000, to remain available until September 30, 2019: Provided Provided further Provided further office of inspector general For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, $38,000,000, of which $500,000 shall remain available until September 30, 2015. administrative provisions Funds for announced prizes otherwise authorized shall remain available, without fiscal year limitation, until the prize is claimed or the offer is withdrawn. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the National Aeronautics and Space Administration in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers. Balances so transferred shall be merged with and available for the same purposes and the same time period as the appropriations to which transferred. Any transfer pursuant to this provision shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. The spending plan required by this Act shall be provided by NASA at the theme, program, project and activity level. The spending plan, as well as any subsequent change of an amount established in that spending plan that meets the notification requirements of section 505 of this Act, shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. National Science Foundation research and related activities For necessary expenses in carrying out the National Science Foundation Act of 1950, as amended ( 42 U.S.C. 1861 et seq. Public Law 86–209 section 3109 Provided Provided further major research equipment and facilities construction For necessary expenses for the acquisition, construction, commissioning, and upgrading of major research equipment, facilities, and other such capital assets pursuant to the National Science Foundation Act of 1950, as amended ( 42 U.S.C. 1861 et seq. education and human resources For necessary expenses in carrying out science, mathematics and engineering education and human resources programs and activities pursuant to the National Science Foundation Act of 1950, as amended ( 42 U.S.C. 1861 et seq. Provided agency operations and award management For agency operations and award management necessary in carrying out the National Science Foundation Act of 1950, as amended ( 42 U.S.C. 1861 et seq. 5901 5902 Provided Provided further office of the national science board For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms in the District of Columbia, and the employment of experts and consultants under section 3109 of title 5, United States Code) involved in carrying out section 4 of the National Science Foundation Act of 1950, as amended ( 42 U.S.C. 1863 42 U.S.C. 1880 et seq. Provided office of inspector general For necessary expenses of the Office of Inspector General as authorized by the Inspector General Act of 1978, $14,320,000, of which $400,000 shall remain available until September 30, 2015. administrative provision Not to exceed 5 percent of any appropriation made available for the current fiscal year for the National Science Foundation in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 15 percent by any such transfers. Any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. This title may be cited as the Science Appropriations Act, 2014 IV Related agencies Commission on civil rights Salaries and expenses For necessary expenses of the Commission on Civil Rights, including hire of passenger motor vehicles, $9,400,000: Provided Provided further Provided further 42 U.S.C. 1975a Equal employment opportunity commission Salaries and expenses For necessary expenses of the Equal Employment Opportunity Commission as authorized by title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Equal Pay Act of 1963, the Americans with Disabilities Act of 1990, the Civil Rights Act of 1991, the Genetic Information Non-Discrimination Act (GINA) of 2008 ( Public Law 110–233 Public Law 110–325 Public Law 111–2 section 3109 section 1343(b) Provided Provided further Provided further International trade commission Salaries and expenses For necessary expenses of the International Trade Commission, including hire of passenger motor vehicles and services as authorized by section 3109 Legal services corporation Payment to the legal services corporation For payment to the Legal Services Corporation to carry out the purposes of the Legal Services Corporation Act of 1974, $430,000,000, of which $400,000,000 is for basic field programs and required independent audits; $4,500,000 is for the Office of Inspector General, of which such amounts as may be necessary may be used to conduct additional audits of recipients; $19,500,000 is for management and grants oversight; $3,500,000 is for client self-help and information technology; $1,500,000 is for a Pro Bono Innovation Fund; and $1,000,000 is for loan repayment assistance: Provided section 5304 Provided further Provided further administrative provisions—legal services corporation None of the funds appropriated in this Act to the Legal Services Corporation shall be expended for any purpose prohibited or limited by, or contrary to any of the provisions of, sections 501, 502, 503, 504, 505, and 506 of Public Law 105–119 Section 504 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996 (as contained in Public Law 104–134 (1) in subsection (a), in the matter preceding paragraph (1), by inserting after ) that uses Federal funds (or funds from any source with regard to paragraphs (7), (14) and (15)) in a manner (2) by striking subsection (d); and (3) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively. Marine Mammal Commission Salaries and Expenses For necessary expenses of the Marine Mammal Commission as authorized by title II of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. Office of the United States Trade Representative Salaries and Expenses For necessary expenses of the Office of the United States Trade Representative, including the hire of passenger motor vehicles and the employment of experts and consultants as authorized by section 3109 Provided State Justice Institute Salaries and Expenses For necessary expenses of the State Justice Institute, as authorized by the State Justice Institute Authorization Act of 1984 ( 42 U.S.C. 10701 et seq. Provided Provided further V General provisions (including rescissions) 501. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress. 502. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 503. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to section 3109 504. If any provision of this Act or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act and the application of each provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. 505. (a) None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2014, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates or initiates a new program, project or activity; (2) eliminates a program, project or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes or renames offices, programs or activities; (6) contracts out or privatizes any functions or activities presently performed by Federal employees; (7) augments existing programs, projects or activities in excess of $500,000 or 10 percent, whichever is less, or reduces by 10 percent funding for any program, project or activity, or numbers of personnel by 10 percent; or (8) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, projects or activities as approved by Congress; unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds. 506. (a) If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a Made in America (b) (1) To the extent practicable, with respect to authorized purchases of promotional items, funds made available by this Act shall be used to purchase items that are manufactured, produced, or assembled in the United States, its territories, or its possessions. (2) The term promotional items 507. (a) The Departments of Commerce and Justice, the National Science Foundation, and the National Aeronautics and Space Administration shall provide to the Committees on Appropriations of the House of Representatives and the Senate a quarterly report on the status of balances of appropriations at the account level. For unobligated, uncommitted balances and unobligated, committed balances the quarterly reports shall separately identify the amounts attributable to each source year of appropriation from which the balances were derived. For balances that are obligated, but unexpended, the quarterly reports shall separately identify amounts by the year of obligation. (b) The report described in subsection (a) shall be submitted within 30 days of the end of the first quarter of fiscal year 2014, and subsequent reports shall be submitted within 30 days of the end of each quarter thereafter. (c) If a department or agency is unable to fulfill any aspect of a reporting requirement described in subsection (a) due to a limitation of a current accounting system, the department or agency shall fulfill such aspect to the maximum extent practicable under such accounting system and shall identify and describe in each quarterly report the extent to which such aspect is not fulfilled. 508. Any costs incurred by a department or agency funded under this Act resulting from, or to prevent, personnel actions taken in response to funding reductions included in this Act shall be absorbed within the total budgetary resources available to such department or agency: Provided Provided further 509. None of the funds provided by this Act shall be available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco products of the same type. 510. Notwithstanding any other provision of law, amounts deposited or available in the Fund established by section 1402 of chapter XIV of title II of Public Law 98–473 42 U.S.C. 10601 511. None of the funds made available to the Department of Justice in this Act may be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds, or of the parents or legal guardians of such students. 512. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act. 513. Any funds provided in this Act used to implement E-Government Initiatives shall be subject to the procedures set forth in section 505 of this Act. 514. (a) The Inspectors General of the Department of Commerce, the Department of Justice, the National Aeronautics and Space Administration, the National Science Foundation, and the Legal Services Corporation shall conduct audits, pursuant to the Inspector General Act (5 U.S.C. App.), of grants or contracts for which funds are appropriated by this Act, and shall submit reports to Congress on the progress of such audits, which may include preliminary findings and a description of areas of particular interest, within 180 days after initiating such an audit and every 180 days thereafter until any such audit is completed. (b) Within 60 days after the date on which an audit described in subsection (a) by an Inspector General is completed, the Secretary, Attorney General, Administrator, Director, or President, as appropriate, shall make the results of the audit available to the public on the Internet website maintained by the Department, Administration, Foundation, or Corporation, respectively. The results shall be made available in redacted form to exclude— (1) any matter described in section 552(b) of title 5, United States Code; and (2) sensitive personal information for any individual, the public access to which could be used to commit identity theft or for other inappropriate or unlawful purposes. (c) A grant or contract funded by amounts appropriated by this Act may not be used for the purpose of defraying the costs of a banquet or conference that is not directly and programmatically related to the purpose for which the grant or contract was awarded, such as a banquet or conference held in connection with planning, training, assessment, review, or other routine purposes related to a project funded by the grant or contract. (d) Any person awarded a grant or contract funded by amounts appropriated by this Act shall submit a statement to the Secretary of Commerce, the Attorney General, the Administrator, Director, or President, as appropriate, certifying that no funds derived from the grant or contract will be made available through a subcontract or in any other manner to another person who has a financial interest in the person awarded the grant or contract. (e) The provisions of the preceding subsections of this section shall take effect 30 days after the date on which the Director of the Office of Management and Budget, in consultation with the Director of the Office of Government Ethics, determines that a uniform set of rules and requirements, substantially similar to the requirements in such subsections, consistently apply under the executive branch ethics program to all Federal departments, agencies, and entities. 515. No funds appropriated or otherwise made available under this Act may be used by the Departments of Commerce and Justice, the National Aeronautics and Space Administration, or the National Science Foundation to acquire a high-impact information system, as defined for security categorization by the National Institute of Standards and Technology’s (NIST) Federal Information Processing Standard Publication 199, Standards for Security Categorization of Federal Information and Information Systems, unless the agency has reviewed the supply chain risk for the information systems against criteria developed by NIST to inform acquisition decisions for high-impact information systems within the Federal Government and against international standards and guidelines, including those developed by NIST; reviewed the supply chain risk from the presumptive awardee against available and relevant threat information provided by the Federal Bureau of Investigation and other appropriate agencies; and developed, in consultation with NIST and supply chain risk management experts, a mitigation strategy for any identified risks. 516. None of the funds made available in this Act shall be used in any way whatsoever to support or justify the use of torture by any official or contract employee of the United States Government. 517. (a) Notwithstanding any other provision of law or treaty, none of the funds appropriated or otherwise made available under this Act or any other Act may be expended or obligated by a department, agency, or instrumentality of the United States to pay administrative expenses or to compensate an officer or employee of the United States in connection with requiring an export license for the export to Canada of components, parts, accessories or attachments for firearms listed in Category I, section 121.1 of title 22, Code of Federal Regulations (International Trafficking in Arms Regulations (ITAR), part 121, as it existed on April 1, 2005) with a total value not exceeding $500 wholesale in any transaction, provided that the conditions of subsection (b) of this section are met by the exporting party for such articles. (b) The foregoing exemption from obtaining an export license— (1) does not exempt an exporter from filing any Shipper's Export Declaration or notification letter required by law, or from being otherwise eligible under the laws of the United States to possess, ship, transport, or export the articles enumerated in subsection (a); and (2) does not permit the export without a license of— (A) fully automatic firearms and components and parts for such firearms, other than for end use by the Federal Government, or a Provincial or Municipal Government of Canada; (B) barrels, cylinders, receivers (frames) or complete breech mechanisms for any firearm listed in Category I, other than for end use by the Federal Government, or a Provincial or Municipal Government of Canada; or (C) articles for export from Canada to another foreign destination. (c) In accordance with this section, the District Directors of Customs and postmasters shall permit the permanent or temporary export without a license of any unclassified articles specified in subsection (a) to Canada for end use in Canada or return to the United States, or temporary import of Canadian-origin items from Canada for end use in the United States or return to Canada for a Canadian citizen. (d) The President may require export licenses under this section on a temporary basis if the President determines, upon publication first in the Federal Register, that the Government of Canada has implemented or maintained inadequate import controls for the articles specified in subsection (a), such that a significant diversion of such articles has and continues to take place for use in international terrorism or in the escalation of a conflict in another nation. The President shall terminate the requirements of a license when reasons for the temporary requirements have ceased. 518. Notwithstanding any other provision of law, no department, agency, or instrumentality of the United States receiving appropriated funds under this Act or any other Act shall obligate or expend in any way such funds to pay administrative expenses or the compensation of any officer or employee of the United States to deny any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) curios or relics 519. None of the funds made available in this Act may be used to include in any new bilateral or multilateral trade agreement the text of— (1) paragraph 2 of article 16.7 of the United States-Singapore Free Trade Agreement; (2) paragraph 4 of article 17.9 of the United States-Australia Free Trade Agreement; or (3) paragraph 4 of article 15.9 of the United States-Morocco Free Trade Agreement. 520. None of the funds made available in this Act may be used to authorize or issue a national security letter in contravention of any of the following laws authorizing the Federal Bureau of Investigation to issue national security letters: The Right to Financial Privacy Act; The Electronic Communications Privacy Act; The Fair Credit Reporting Act; The National Security Act of 1947; USA PATRIOT Act; and the laws amended by these Acts. 521. If at any time during any quarter, the program manager of a project within the jurisdiction of the Departments of Commerce or Justice, the National Aeronautics and Space Administration, or the National Science Foundation totaling more than $75,000,000 has reasonable cause to believe that the total program cost has increased by 10 percent, the program manager shall immediately inform the respective Secretary, Administrator, or Director. The Secretary, Administrator, or Director shall notify the House and Senate Committees on Appropriations within 30 days in writing of such increase, and shall include in such notice: the date on which such determination was made; a statement of the reasons for such increases; the action taken and proposed to be taken to control future cost growth of the project; changes made in the performance or schedule milestones and the degree to which such changes have contributed to the increase in total program costs or procurement costs; new estimates of the total project or procurement costs; and a statement validating that the project's management structure is adequate to control total project or procurement costs. 522. Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence or intelligence related 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) during fiscal year 2014 until the enactment of the Intelligence Authorization Act for fiscal year 2014. 523. The Departments, agencies, and commissions funded under this Act shall establish and maintain on the homepages of their Internet Web sites— (1) a direct link to the Internet Web sites of their Offices of Inspectors General; and (2) a mechanism on the Offices of Inspectors General website by which individuals may anonymously report cases of waste, fraud, or abuse with respect to those Departments, agencies, and commissions. 524. None of the funds appropriated or otherwise made available by this Act may be used to enter into a contract in an amount greater than $5,000,000 or to award a grant in excess of such amount unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that, to the best of its knowledge and belief, the contractor or grantee has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding. (rescissions) 525. (a) Of the unobligated balances available to the Department of Justice, the following funds are hereby rescinded, not later than September 30, 2014, from the following accounts in the specified amounts— (1) Working Capital Fund (2) Legal Activities, Assets Forfeiture Fund (3) United States Marshals Service, Salaries and Expenses (4) United States Marshals Service, Federal Prisoner Detention (5) Federal Bureau of Investigation, Salaries and Expenses (6) Drug Enforcement Administration, Salaries and Expenses (7) Bureau of Alcohol, Tobacco, Firearms, and Explosives, Salaries and Expenses (8) Federal Prison System, Buildings and Facilities (9) State and Local Law Enforcement Activities, Office on Violence Against Women, Violence Against Women Prevention and Prosecution Programs (10) State and Local Law Enforcement Activities, Office of Justice Programs (11) State and Local Law Enforcement Activities, Community Oriented Policing Services (b) The Department of Justice shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report no later than September 1, 2014, specifying the amount of each rescission made pursuant to subsection (a). 526. None of the funds appropriated or otherwise made available in this Act may be used in a manner that is inconsistent with the principal negotiating objective of the United States with respect to trade remedy laws to preserve the ability of the United States— (1) to enforce vigorously its trade laws, including antidumping, countervailing duty, and safeguard laws; (2) to avoid agreements that— (A) lessen the effectiveness of domestic and international disciplines on unfair trade, especially dumping and subsidies; or (B) lessen the effectiveness of domestic and international safeguard provisions, in order to ensure that United States workers, agricultural producers, and firms can compete fully on fair terms and enjoy the benefits of reciprocal trade concessions; and (3) to address and remedy market distortions that lead to dumping and subsidization, including overcapacity, cartelization, and market-access barriers. 527. None of the funds made available in this Act may be used to purchase first class or premium airline travel in contravention of sections 301–10.122 through 301–10.124 of title 41 of the Code of Federal Regulations. 528. 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 from a Federal department or agency at any single conference occurring outside the United States, unless such conference is a law enforcement training or operational conference for law enforcement personnel and the majority of Federal employees in attendance are law enforcement personnel stationed outside the United States. 529. None of the funds appropriated or otherwise made available in this Act may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions 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 June 24, 2009, at the United States Naval Station, Guantánamo Bay, Cuba, by the Department of Defense. 530. (a) None of the funds appropriated or otherwise made available in this Act may be used to construct, acquire, or modify any facility in the United States, its territories, or possessions to house any individual described in subsection (c) for the purposes of detention or imprisonment in the custody or under the effective control of the Department of Defense. (b) The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantánamo Bay, Cuba. (c) An individual described in this subsection is any individual who, as of June 24, 2009, is located at United States Naval Station, Guantánamo Bay, Cuba, and who— (1) is not a citizen of the United States or a member of the Armed Forces of the United States; and (2) is— (A) in the custody or under the effective control of the Department of Defense; or (B) otherwise under detention at United States Naval Station, Guantánamo Bay, Cuba. 531. None of the funds made available under this Act may be distributed to the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries. 532. To the extent practicable, funds made available in this Act should be used to purchase light bulbs that are Energy Star Federal Energy Management Program 533. The Director of the Office of Management and Budget shall instruct any department, agency, or instrumentality of the United States Government receiving funds appropriated under this Act to track undisbursed balances in expired grant accounts and include in its annual performance plan and performance and accountability reports the following: (1) Details on future action the department, agency, or instrumentality will take to resolve undisbursed balances in expired grant accounts. (2) The method that the department, agency, or instrumentality uses to track undisbursed balances in expired grant accounts. (3) Identification of undisbursed balances in expired grant accounts that may be returned to the Treasury of the United States. (4) In the preceding 3 fiscal years, details on the total number of expired grant accounts with undisbursed balances (on the first day of each fiscal year) for the department, agency, or instrumentality and the total finances that have not been obligated to a specific project remaining in the accounts. 534. The Departments of Commerce and Justice, the National Aeronautics and Space Administration, and the National Science Foundation shall submit spending plans, signed by the respective department or agency head, to the Committees on Appropriations of the House of Representatives and the Senate within 30 days after the date of enactment of this Act, except that the deadline for the Department of Justice shall be 45 days after the date of enactment of this Act. 535. None of the funds made available by this Act may be used to pay the salaries or expenses of personnel to deny, or fail to act on, an application for the importation of any model of shotgun if— (1) all other requirements of law with respect to the proposed importation are met; and (2) no application for the importation of such model of shotgun, in the same configuration, had been denied by the Attorney General prior to January 1, 2011, on the basis that the shotgun was not particularly suitable for or readily adaptable to sporting purposes. 536. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 537. 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 an 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. 538. 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 has 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 an 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. 539. All agencies and departments funded under this Act shall send to the Committees on Appropriations of the House of Representatives and the Senate at the end of the fiscal year a report containing a complete inventory of the total number of vehicles owned, 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. 540. (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 Commerce, Justice, Science, and Related Agencies Appropriations Act, 2014 July 18, 2013 Read twice and placed on the calendar

Commerce, Justice, Science, and Related Agencies Appropriations Act, 2014

Realistic Employer Responsibility Act of 2013 - Amends the Patient Protection and Affordable Care Act (PPACA) to delay until 2016 enforcement of requirements that large employers offer their full-time employees the opportunity to enroll in minimum essential coverage. Delays the effective date of related reporting requirements for such employers. Directs the Secretary of the Treasury to: publish the forms and other guidance necessary for large employers to make the information return required under the Internal Revenue Code and provide opportunity to make the return, at the option of the employer, for 2014 and 2015 in the case of those that would be required to do so for either such year but for the amendments made by this Act; and in consultation with the State American Health Benefit Exchanges established under PPACA, establish an Internet website (which may be combined with the existing website to identify affordable health insurance coverage options) through which employers and residents of any state may obtain information in an easily understandable format relating to the responsibilities of, and benefits available to, such employers and residents under such Act.

To delay the implementation of the employer responsibility provisions of the Patient Protection and Affordable Care Act. 1. Short title This Act may be cited as the Realistic Employer Responsibility Act of 2013 2. 2-year delay of employer responsibility provisions (a) In general Subsection (d) of section 1513 of the Patient Protection and Affordable Care Act (Public Law 111–148) is amended by striking December 31, 2013 December 31, 2015 (b) Conforming amendments (1) Paragraph (3) of section 10106(f) of the Patient Protection and Affordable Care Act (Public Law 111–148) is amended by striking December 31, 2013 December 31, 2015 (2) Subsection (d) of section 1514 of such Act is amended by striking December 31, 2013 December 31, 2015 (3) Subparagraph (A) of section 4980H(c)(5) 2014 2016 (4) Clause (ii) of section 4980H(c)(5)(A) of such Code is amended by inserting , determined by substituting 2015 2013 the Patient Protection and Affordable Care Act 3. Optional early adoption of reporting requirements Not later than December 31, 2013, the Secretary of the Treasury (or the Secretary's delegate) shall publish the forms and other guidance necessary to make the return required under section 6056 of the Internal Revenue Code of 1986, and shall provide opportunity to make such return, at the option of the employer, for calendar years 2014 and 2015 in the case of employers who would be required to make such return for any such year but for the amendments made by section 1. 4. Internet website relating to employer responsibilities Not later than January 1, 2014, the Secretary, in consultation with the State American Health Benefit Exchanges established under section 1311 of the Patient Protection and Affordable Care Act ( Public Law 111–148

Realistic Employer Responsibility Act of 2013

Amends the Trade Act of 1974 to extend duty-free treatment under the Generalized System of Preferences (GSP) through September 30, 2015. Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) to extend certain customs users fees for certain customs services performed through January 21, 2022, and for other specified customs services performed through January 28, 2022. Prescribes a formula for required estimated corporate tax payments otherwise due in each of the quarters of 2018 from corporations with assets of at least $1 billion.

To extend the Generalized System of Preferences, and for other purposes. 1. Extension of Generalized System of Preferences Section 505 of the Trade Act of 1974 ( 19 U.S.C. 2465 July 31, 2013 September 30, 2015 2. Customs user fees Section 13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended— (1) in subparagraph (A), by striking October 22, 2021 January 21, 2022 (2) in subparagraph (B)(i), by striking October 29, 2021 January 28, 2022 3. Time for payment of corporate estimated taxes Notwithstanding section 6655 of the Internal Revenue Code of 1986, in the case of a corporation with assets of not less than $1,000,000,000 (determined as of the end of the preceding taxable year)— (1) the amount of any required installment of corporate estimated tax which is otherwise due in July, August, or September of 2018 shall be increased by 1.25 percent of such amount (determined without regard to any increase in such amount not contained in such Code); and (2) the amount of the next required installment after an installment referred to in paragraph (1) shall be appropriately reduced to reflect the amount of the increase by reason of such paragraph.

A bill to extend the Generalized System of Preferences, and for other purposes.

Home Health Care Planning Improvement Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to revise conditions of and limitations on payment for home health care services. Allows payment for home health services to Medicare beneficiaries by: (1) a nurse practitioner, (2) a clinical nurse specialist working in collaboration with a physician in accordance with state law, (3) a certified nurse-midwife, or (4) a physician assistant under a physician's supervision.

To amend title XVIII of the Social Security Act to ensure more timely access to home health services for Medicare beneficiaries under the Medicare program. 1. Short title This Act may be cited as the Home Health Care Planning Improvement Act of 2013 2. Improving care planning for Medicare home health services (a) Part A provisions Section 1814(a) of the Social Security Act ( 42 U.S.C. 1395f(a) (1) in paragraph (2)— (A) in the matter preceding subparagraph (A), by inserting , a nurse practitioner or clinical nurse specialist who is working in collaboration with a physician in accordance with State law, a certified nurse-midwife (as defined in section 1861(gg)) as authorized by State law, or a physician assistant (as defined in section 1861(aa)(5)) under the supervision of a physician 1866(j) (B) in subparagraph (C)— (i) by inserting , a nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, or a physician assistant (as the case may be) physician (ii) by striking , and, in the case of a certification made by a physician face-to-face encounter , and, in the case of a certification made by a physician after January 1, 2010, or by a nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant (as the case may be) after January 1, 2014, prior to making such certification the physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant must document that the physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant has had a face-to-face encounter (2) in the second sentence, by inserting certified nurse-midwife, clinical nurse specialist, (3) in the third sentence— (A) by striking physician certification certification (B) by inserting (or on January 1, 2014, in the case of regulations to implement the amendments made by section 2 of the Home Health Care Planning Improvement Act of 2013 1981 (C) by striking a physician who a physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant who (4) in the fourth sentence, by inserting , nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant physician (b) Part B provisions Section 1835(a) of the Social Security Act (42 U.S.C. 1395n(a)) is amended— (1) in paragraph (2)— (A) in the matter preceding subparagraph (A), by inserting , a nurse practitioner or clinical nurse specialist (as those terms are defined in 1861(aa)(5)) who is working in collaboration with a physician in accordance with State law, a certified nurse-midwife (as defined in section 1861(gg)) as authorized by State law, or a physician assistant (as defined in section 1861(aa)(5)) under the supervision of a physician 1866(j) (B) in subparagraph (A)— (i) in each of clauses (ii) and (iii) of subparagraph (A) by inserting , a nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, or a physician assistant (as the case may be) physician (ii) in clause (iv), by striking after January 1, 2010 face-to-face encounter made by a physician after January 1, 2010, or by a nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant (as the case may be) after January 1, 2014, prior to making such certification the physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant must document that the physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant has had a face-to-face encounter (2) in the third sentence, by inserting , nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant (as the case may be) (3) in the fourth sentence— (A) by striking physician certification certification (B) by inserting (or on January 1, 2014 in the case of regulations to implement the amendments made by section 2 of the Home Health Care Planning Improvement Act of 2013 1981 (C) by striking a physician who a physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant who (4) in the fifth sentence, by inserting , nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant physician (c) Definition provisions (1) Home health services Section 1861(m) of the Social Security Act ( 42 U.S.C. 1395x(m) (A) in the matter preceding paragraph (1)— (i) by inserting , a nurse practitioner or a clinical nurse specialist (as those terms are defined in subsection (aa)(5)), a certified nurse-midwife (as defined in section 1861(gg)), or a physician assistant (as defined in subsection (aa)(5)) physician (ii) by inserting , a nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, or a physician assistant physician (B) in paragraph (3), by inserting , a nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, or a physician assistant physician (2) Home health agency Section 1861(o)(2) of the Social Security Act ( 42 U.S.C. 1395x(o)(2) (A) by inserting , nurse practitioners or clinical nurse specialists (as those terms are defined in subsection (aa)(5)), certified nurse-midwives (as defined in section 1861(gg)), or physician assistants (as defined in subsection (aa)(5)) physicians (B) by inserting , nurse practitioner, clinical nurse specialist, certified nurse-midwife, physician assistant, physician (d) Home health prospective payment system provisions Section 1895 of the Social Security Act (42 U.S.C. 1395fff) is amended— (1) in subsection (c)(1), by inserting , the nurse practitioner or clinical nurse specialist (as those terms are defined in section 1861(aa)(5)), the certified nurse-midwife (as defined in section 1861(gg)), or the physician assistant (as defined in section 1861(aa)(5)), physician (2) in subsection (e)— (A) in paragraph (1)(A), by inserting , a nurse practitioner or clinical nurse specialist (as those terms are defined in section 1861(aa)(5)), a certified nurse-midwife (as defined in section 1861(gg)), or a physician assistant (as defined in section 1861(aa)(5)) physician (B) in paragraph (2)— (i) in the heading, by striking Physician certification Rule of construction regarding requirement for certification (ii) by striking physician (e) Effective Date The amendments made by this section shall apply to items and services furnished on or after January 1, 2014.

Home Health Care Planning Improvement Act of 2013

Increased Competition for Consumers Act - Transfers to the Consumer Operated and Oriented Plan (CO-OP) program the unobligated balance of funds transferred under the American Taxpayer Relief Act of 2012 to a fund to provide assistance and oversight to qualified nonprofit health insurance issuers awarded loans or grants pursuant to the Patient Protection and Affordable Care Act (PPACA). Amends PPACA to appropriate the amount equal to the amount rescinded (unobligated funds for the CO-OP program as of January 2, 2013) under the American Taxpayer Relief Act of 2012 to carry out such program. Removes the time restriction on the award of CO-OP program loans and grants.

To reinstate funding for the Consumer Operated and Oriented Plan program. 1. Short title This Act may be cited as the Increased Competition for Consumers Act 2. Reinstatement of funding for the Consumer Operated and Oriented Plan program (a) Transfer of funds The unobligated balance of the funds transferred under subsection (b)(1) of section 644 of the American Taxpayer Relief Act of 2012 ( 42 U.S.C. 18042 42 U.S.C. 18042 (b) Appropriations Section 1322 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18042 (g) Appropriations There are hereby appropriated the amount equal to the amount rescinded under section 644(b)(2) of the American Taxpayer Relief Act of 2012. . (c) Time for awarding loans and grants (1) In general Section 1322(b)(2) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18042(b)(2) (2) Effective date The amendment made by paragraph (1) shall take effect as if enacted as part of the Patient Protection and Affordable Care Act (Public Law 111–148).

Increased Competition for Consumers Act

Bipartisan Student Loan Certainty Act of 2013 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 (HEA) to set the annual interest rate on Direct Stafford loans and Direct Unsubsidized Stafford loans issued to undergraduate students at the rate on high-yield 10-year Treasury notes plus 2.05%, but caps that rate at 8.25%. Sets the annual interest rate on Direct Unsubsidized Stafford loans issued to graduate or professional students at the rate on high-yield 10-year Treasury notes plus 3.6%, but caps that rate at 9.5%. Sets the annual interest rate on Direct PLUS loans at the rate on high-yield 10-year Treasury notes plus 4.6%, but caps that rate at 10.5%. Limits the applicability of the preceding provisions to loans first disbursed on or after July 1, 2013. Fixes the interest rate on Direct Stafford loans, Direct Unsubsidized Stafford loans, and Direct PLUS loans for the period of the loan. Sets the annual interest rate on Direct Consolidation loans for which an application is received on or after July 1, 2013, at the weighted average of the interest rates on the loans consolidated, rounded to the nearest higher one-eighth of 1%. Directs the Comptroller General (GAO) to conduct a study and report to Congress on the actual cost to the federal government of carrying out the federal student loan programs authorized under title IV of the HEA.

To establish student loan interest rates, and for other purposes. 1. Short title This Act may be cited as the Bipartisan Student Loan Certainty Act of 2013 2. Interest Rates (a) Interest Rates Section 455(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(b) (1) in paragraph (7)— (A) in the paragraph heading, by inserting and before July 1, 2013 on or after july 1, 2006 (B) in subparagraph (A), by inserting and before July 1, 2013, on or after July 1, 2006, (C) in subparagraph (B), by inserting and before July 1, 2013, on or after July 1, 2006, (D) in subparagraph (C), by inserting and before July 1, 2013, on or after July 1, 2006, (2) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and (3) by inserting after paragraph (7) the following: (8) Interest rate provisions for new loans on or after July 1, 2013 (A) Rates for undergraduate fdsl and fdusl Notwithstanding the preceding paragraphs of this subsection, for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans issued to undergraduate students, 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 the lesser of— (i) a rate equal to the high yield of the 10-year Treasury note auctioned at the final auction held prior to such June 1 plus 2.05 percent; or (ii) 8.25 percent. (B) Rates for graduate and professional fdusl Notwithstanding the preceding paragraphs of this subsection, for Federal Direct Unsubsidized Stafford Loans issued to graduate or professional students, 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 the lesser of— (i) a rate equal to the high yield of the 10-year Treasury note auctioned at the final auction held prior to such June 1 plus 3.6 percent; or (ii) 9.5 percent. (C) PLUS Loans Notwithstanding the preceding paragraphs of this subsection, for 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 the lesser of— (i) a rate equal to the high yield of the 10-year Treasury note auctioned at the final auction held prior to such June 1 plus 4.6 percent; or (ii) 10.5 percent. (D) Consolidation loans Notwithstanding the preceding paragraphs of this subsection, 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 weighted average of the interest rates on the loans consolidated, rounded to the nearest higher one-eighth of one percent. (E) Consultation The Secretary shall determine the applicable rate of interest under this paragraph after consultation with the Secretary of the Treasury and shall publish such rate in the Federal Register as soon as practicable after the date of determination. (F) Rate The applicable rate of interest determined under this paragraph 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. . (b) Effective Date The amendments made by subsection (a) shall take effect as if enacted on July 1, 2013. 3. 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” for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. 4. Study on the actual cost of administering the Federal student loan programs Not later than 120 days after the date of enactment of this Act, the Comptroller General of the United States shall— (1) complete a study that determines the actual cost to the Federal Government of carrying out the Federal student loan programs authorized under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (A) provide estimates relying on accurate information based on past, current, and projected data as to the appropriate index and mark-up rate for the Federal Government's cost of borrowing that would allow the Federal Government to effectively administer and cover the cost of the Federal student programs authorized under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (B) provide the information described in this section in a way that separates out administrative costs, interest rate, and other loan terms and conditions; and (C) set forth clear recommendations to the relevant authorizing committees of Congress as to how future legislation can incorporate the results of the study described in this section to allow for the administration of the Federal student loan programs authorized under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) without generating any additional revenue to the Federal Government except revenue that is needed to carry out such programs; and (2) prepare and submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives setting forth the conclusions of the study described in this section in such a manner that the recommendations included in the report can inform future reauthorizations of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). July 18, 2013 Read twice and ordered placed on the calendar

Bipartisan Student Loan Certainty Act of 2013

Sportsmen's Act - Title I: Recreational Shooting - Requires a federal public land management official, in cooperation with the respective state and fish and wildlife agency, to exercise the authority of the official under law, including regarding land use planning, to facilitate the use of, and access to, federal public land for hunting, recreational fishing, and recreational shooting, except as described in this Act. Requires the heads of federal public land management agencies to exercise their discretion in a manner that supports and facilitates hunting, recreational fishing, and recreational shooting opportunities, to the extent authorized under applicable law. Requires that Bureau of Land Management (BLM) and Forest Service land, excluding land on the Outer Continental Shelf, be open to hunting, recreational fishing, or recreational shooting unless the managing agency acts to close lands to such activity. Permits closures or restrictions on such land for purposes including resource conservation, public safety, energy or mineral production, energy generation or transmission infrastructure, water supply facilities, national security, or compliance with other law. Allows agencies to: (1) lease or permit use of federal public land for recreational shooting ranges, and (2) designate specific land for recreational shooting activities. Excepts from such use or designation land including a component of the National Wilderness Preservation System, land designated as a wilderness study area or administratively classified as wilderness eligible or suitable, and primitive or semiprimitive areas. Requires annual reports on closures of federal public lands to hunting, recreational fishing, or recreational shooting. Sets forth requirements for specified closures or significant restrictions involving 1280 or more contiguous acres of federal public land or water to hunting or recreational fishing or related activities. Instructs federal public land agencies to consult with the advisory councils specified in Executive Orders 12962 (relating to recreational fisheries) and 13443 (relating to the facilitation of hunting heritage and wildlife conservation) in carrying out this Act. Requires the Secretary of the Interior to permit individuals carrying bows and crossbows to traverse the National Park System if the traverse is: (1) for the sole purpose of hunting on adjacent land, and (2) the most direct means of access to such adjacent land. Prohibits the Secretary of the Army from promulgating or enforcing any regulation that prohibits an individual from possessing a firearm at a water resources development project administered by the Chief of Engineers if: (1) the individual is not otherwise prohibited by law from possessing the firearm, and (2) the possession of the firearm is in compliance with the law of the state in which the project is located. Amends the Marine Mammal Protection Act of 1972 to direct the Secretary of the Interior to issue a permit for the importation of any polar bear part (other than an internal organ) from a polar bear taken in a sport hunt in Canada to any person who submits proof that the polar bear was legally harvested before May 15, 2008 (currently by February 18, 1997), when polar bears were listed as a threatened species by the Department of the Interior. 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 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. Title II: Duck Stamps - Amends the Fish and Wildlife Improvement Act of 1978 to exempt an authorized taking of migratory birds and collection of their eggs by indigenous inhabitants of Alaska from the prohibition on taking under the Migratory Bird Hunting and Conservation Stamp Act. Grants the Secretary of the Interior permanent authority to authorize any state to issue electronic duck stamps. Sets forth state electronic duck stamp application requirements. Allows the Secretary to determine the number of new states permitted per year to participate in the electronic duck stamp program. Instructs the Secretary to require electronic stamp revenue and customer information collected by each state to be transmitted in accordance with a written agreement between the Secretary and the state. Title III: Reauthorizations - Amends the Federal Land Transaction Facilitation Act (FLTFA) to reauthorize, until 15 years after this Act's enactment, the program for the completion of appraisals and satisfaction of other legal requirements for the sale or exchange of public land identified for disposal under approved land use plans under the Federal Land Policy and Management Act of 1976. Requires 30% (currently all) of the gross proceeds of the sale or exchange of public land under such Act to be deposited in the Federal Land Disposal Account and 70% of such proceeds to be deposited in the general fund of the Treasury and used for federal budget deficit reduction. Makes the FLTFA inapplicable to land eligible for sale under specified public land laws. Amends the North American Wetlands Conservation Act to extend through FY2017 the authorization of appropriations for allocations to carry out approved wetlands conservation projects. Title IV: Miscellaneous - Amends the Toxic Substances Control Act (TSCA) to exclude from the definition of "chemical substance" for purposes of such Act: (1) any component of any pistol, revolver, firearm, shell, or cartridge the sale of which is subject to federal excise tax, including shot, bullets and other projectiles, propellants, and primers; and (2) any sport fishing equipment the sale of which is subject to federal excise tax and sport fishing equipment components. Requires the Secretary of the Interior and the Secretary of Agriculture (USDA), for any film crew of five persons or fewer, to require a permit and assess an annual fee of $200 for commercial filming activities or similar projects on federal land and waterways administered by the Secretary. Makes such a permit valid for such activities or projects that occur in areas designated for public use during public hours on all federal land and waterways administered by the Secretary for a one-year period. Allows an applicable land management agency to deny access to a film crew if: (1) there is a likelihood of resource damage that cannot be mitigated, (2) there would be an unreasonable disruption of the public use and enjoyment of the site, (3) the activity poses public health or safety risks, and (4) the filming includes the use of models or props that are not part of the land's natural or cultural resources or administrative facilities.

To protect and enhance opportunities for recreational hunting, fishing, and shooting, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Sportsmen's Act (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Recreational shooting Sec. 101. Recreational fishing, hunting, and recreational shooting on Federal public land. Sec. 102. Transporting bows through National Parks. Sec. 103. Firearms at water resources development projects. Sec. 104. Permits for importation of polar bear trophies taken in sport hunts in Canada. Sec. 105. Target practice and marksmanship training on Federal land. TITLE II—Duck stamps Sec. 201. Exemption for subsistence users. Sec. 202. Electronic duck stamps. TITLE III—Reauthorizations Sec. 301. Federal Land Transaction Facilitation Act. Sec. 302. North American Wetlands Conservation Act. TITLE IV—Miscellaneous Sec. 401. Modification of definition of sport fishing equipment under the Toxic Substances Control Act. Sec. 402. Annual permit and fee for film crews of 5 persons or fewer. I Recreational shooting 101. Recreational fishing, hunting, and recreational shooting on Federal public land (a) Definitions In this section: (1) Federal public land (A) In general The term Federal public land (i) owned by the United States; and (ii) managed by a Federal agency (including the Department of the Interior and the Forest Service) for purposes that include the conservation of natural resources. (B) Exclusions The term Federal public land (i) land or water held or managed in trust for the benefit of Indians or other Native Americans; (ii) land or water managed by the Director of the National Park Service or the Director of the United States Fish and Wildlife Service; (iii) fish hatcheries; or (iv) conservation easements on private land. (2) Hunting (A) In general The term hunting (i) pursuit, shooting, capture, collection, trapping, or killing of wildlife; or (ii) attempt to pursue, shoot, capture, collect, trap, or kill wildlife. (B) Exclusion The term hunting (3) Recreational fishing The term recreational fishing (A) an activity for sport or for pleasure that involves— (i) the lawful catching, taking, or harvesting of fish; or (ii) the lawful attempted catching, taking, or harvesting of fish; or (B) any other activity for sport or pleasure that can reasonably be expected to result in the lawful catching, taking, or harvesting of fish. (4) Recreational shooting The term recreational shooting (b) Recreational fishing, hunting, and recreational shooting (1) In general Subject to valid existing rights, and in cooperation with the respective State and fish and wildlife agency, a Federal public land management official shall exercise the authority of the official under existing law (including provisions regarding land use planning) to facilitate use of and access to Federal public land for recreational fishing, hunting, and recreational shooting except as limited by— (A) any law that authorizes action or withholding action for reasons of national security, public safety, or resource conservation; (B) any other Federal law that precludes recreational fishing, hunting, or recreational shooting on specific Federal public land or water or units of Federal public land; and (C) discretionary limitations on recreational fishing, hunting, and recreational shooting determined to be necessary and reasonable as supported by the best scientific evidence and advanced through a transparent public process. (2) Management Consistent with paragraph (1), the head of each Federal public land management agency shall exercise the land management discretion of the head— (A) in a manner that supports and facilitates recreational fishing, hunting, and recreational shooting opportunities; (B) to the extent authorized under applicable State law; and (C) in accordance with applicable Federal law. (3) Planning (A) Effects of plans and activities (i) Evaluation of effects on opportunities to engage in recreational fishing, hunting, or recreational shooting Federal public land planning documents (including land resources management plans, resource management plans, travel management plans, and energy development plans) shall include a specific evaluation of the effects of the plans on opportunities to engage in recreational fishing, hunting, or recreational shooting. (ii) Other activity not considered (I) In general Federal public land management officials shall not be required to consider the existence or availability of recreational fishing, hunting, or recreational shooting opportunities on private or public land that is located adjacent to, or in the vicinity of, Federal public land for purposes of— (aa) planning for or determining which units of Federal public land are open for recreational fishing, hunting, or recreational shooting; or (bb) setting the levels of use for recreational fishing, hunting, or recreational shooting on Federal public land. (II) Enhanced opportunities Federal public land management officials may consider the opportunities described in subclause (I) if the combination of those opportunities would enhance the recreational fishing, hunting, or shooting opportunities available to the public. (B) Use of volunteers If hunting is prohibited by law, all Federal public land planning documents described in subparagraph (A)(i) of an agency shall, after appropriate coordination with State fish and wildlife agencies, allow the participation of skilled volunteers in the culling and other management of wildlife populations on Federal public land unless the head of the agency demonstrates, based on the best scientific data available or applicable Federal law, why skilled volunteers should not be used to control overpopulation of wildlife on the land that is the subject of the planning document. (4) Bureau of land management and forest service land (A) Land open (i) In general Land under the jurisdiction of the Bureau of Land Management or the Forest Service (including a component of the National Wilderness Preservation System, land designated as a wilderness study area or administratively classified as wilderness eligible or suitable, and primitive or semiprimitive areas, but excluding land on the outer Continental Shelf) shall be open to recreational fishing, hunting, and recreational shooting unless the managing Federal public land agency acts to close the land to the activity. (ii) Motorized access Nothing in this subparagraph authorizes or requires motorized access or the use of motorized vehicles for recreational fishing, hunting, or recreational shooting purposes within land designated as a wilderness study area or administratively classified as wilderness eligible or suitable. (B) Closure or restriction Land described in subparagraph (A)(i) may be subject to closures or restrictions if determined by the head of the agency to be necessary and reasonable and supported by facts and evidence for purposes including resource conservation, public safety, energy or mineral production, energy generation or transmission infrastructure, water supply facilities, protection of other permittees, protection of private property rights or interests, national security, or compliance with other law, as determined appropriate by the Director of the Bureau of Land Management or the Chief of the Forest Service, as applicable. (C) Shooting ranges (i) In general Except as provided in clause (iii), the head of each Federal public land agency may use the authorities of the head, in a manner consistent with this section and other applicable law— (I) to lease or permit use of land under the jurisdiction of the head for shooting ranges; and (II) to designate specific land under the jurisdiction of the head for recreational shooting activities. (ii) Limitation on liability Any designation under clause (i)(II) shall not subject the United States to any civil action or claim for monetary damages for injury or loss of property or personal injury or death caused by any recreational shooting activity occurring at or on the designated land. (iii) Exception The head of each Federal public land agency shall not lease or permit use of Federal public land for shooting ranges or designate land for recreational shooting activities within including a component of the National Wilderness Preservation System, land designated as a wilderness study area or administratively classified as wilderness eligible or suitable, and primitive or semiprimitive areas. (5) Report Not later than October 1 of every other year, beginning with the second October 1 after the date of enactment of this Act, the head of each Federal public land agency who has authority to manage Federal public land on which recreational fishing, hunting, or recreational shooting occurs shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes— (A) any Federal public land administered by the agency head that was closed to recreational fishing, hunting, or recreational shooting at any time during the preceding year; and (B) the reason for the closure. (6) Closures or significant restrictions of 1,280 or more acres (A) In general Other than closures established or prescribed by land planning actions referred to in paragraph (4)(B) or emergency closures described in subparagraph (C), a permanent or temporary withdrawal, change of classification, or change of management status of Federal public land or water that effectively closes or significantly restricts 1,280 or more contiguous acres of Federal public land or water to access or use for recreational fishing or hunting or activities relating to fishing or hunting shall take effect only if, before the date of withdrawal or change, the head of the Federal public land agency that has jurisdiction over the Federal public land or water— (i) publishes appropriate notice of the withdrawal or change, respectively; (ii) demonstrates that coordination has occurred with a State fish and wildlife agency; and (iii) submits to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate written notice of the withdrawal or change, respectively. (B) Aggregate or cumulative effects If the aggregate or cumulative effect of separate withdrawals or changes effectively closes or significantly restricts or affects 1,280 or more acres of land or water, the withdrawals and changes shall be treated as a single withdrawal or change for purposes of subparagraph (A). (C) Emergency closures (i) In general Nothing in this section prohibits a Federal public land management agency from establishing or implementing emergency closures or restrictions of the smallest practicable area of Federal public land to provide for public safety, resource conservation, national security, or other purposes authorized by law. (ii) Termination An emergency closure under clause (i) shall terminate after a reasonable period of time unless the temporary closure is converted to a permanent closure consistent with this section. (7) No priority Nothing in this section requires a Federal agency to give preference to recreational fishing, hunting, or recreational shooting over other uses of Federal public land or over land or water management priorities established by other Federal law. (8) Consultation with councils In carrying out this section, the heads of Federal public land agencies shall consult with the appropriate advisory councils established under Executive Order 12962 ( 16 U.S.C. 1801 16 U.S.C. 661 (9) Authority of states (A) In general Nothing in this section interferes with, diminishes, or conflicts with the authority, jurisdiction, or responsibility of any State to manage, control, or regulate fish and wildlife under State law (including regulations) on land or water within the State, including on Federal public land. (B) Federal licenses (i) In general Except as provided in clause (ii), nothing in this subsection authorizes the head of a Federal public land agency head to require a license, fee, or permit to fish, hunt, or trap on land or water in a State, including on Federal public land in the State. (ii) Migratory bird stamps Nothing in this subparagraph affects any migratory bird stamp requirement of the Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718a et seq.). 102. Transporting bows through National Parks (a) Findings Congress finds that— (1) bowhunters are known worldwide as among the most skilled, ethical, and conservation-minded of all hunters; (2) bowhunting organizations at the Federal, State, and local level contribute significant financial and human resources to wildlife conservation and youth education programs throughout the United States; and (3) bowhunting contributes $38,000,000,000 each year to the economy of the United States. (b) Possession of bows in units of national park system (1) In general Subject to paragraph (2), the Secretary of the Interior shall permit individuals carrying bows and crossbows to traverse units of the National Park System if the traverse is— (A) for the sole purpose of hunting on adjacent public or private land; and (B) the most direct means of access to the adjacent land. (2) Use Nothing in this section authorizes the use of the bows or crossbows that are being carried while at units of the National Park System. 103. Firearms at water resources development projects (a) Findings Congress finds that— (1) the Second Amendment to the Constitution provides that the right of the people to keep and bear Arms, shall not be infringed (2) section 327.13 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act), provides that, except in special circumstances, possession of loaded firearms, ammunition, loaded projectile firing devices, bows and arrows, crossbows, or other weapons is prohibited (3) the regulations described in paragraph (2) prevent individuals complying with Federal and State laws from exercising the Second Amendment rights of the individuals while at such water resources development projects; and (4) the Federal laws should make it clear that the Second Amendment rights of an individual at a water resources development project should not be infringed. (b) Protecting the right of individuals To bear arms at water resources development projects The Secretary of the Army shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm including an assembled or functional firearm at a water resources development project covered under section 327.0 (1) the individual is not otherwise prohibited by law from possessing the firearm; and (2) the possession of the firearm is in compliance with the law of the State in which the water resources development project is located. 104. Permits for importation of polar bear trophies taken in sport hunts in Canada Section 104(c)(5) of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1374(c)(5) (D) Polar bear parts (i) In general Notwithstanding subparagraphs (A) and (C)(ii), subsection (d)(3), and sections 101 and 102, the Secretary of the Interior shall, expeditiously after the date on which the expiration of the applicable 30-day period described in subsection (d)(2) expires, issue a permit for the importation of any polar bear part (other than an internal organ) from a polar bear taken in a sport hunt in Canada to any person— (I) who submits, with the permit application, proof that the polar bear was legally harvested by the person before February 18, 1997; or (II) who submitted, with a permit application submitted before May 15, 2008, proof that the polar bear was legally harvested from a polar bear population from which a sport-hunted trophy could be imported before May 15, 2008, in accordance with section 18.30(i) (ii) Applicability of prohibition on the importation of a depleted species (I) Parts legally harvested before February 18, 1997 (aa) In general Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the importation of any polar bear part authorized by a permit issued under clause (i)(I). (bb) Applicability Item (aa) shall not apply to polar bear parts imported before June 12, 1997. (II) Parts legally harvested before May 15, 2008 (aa) In general Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the importation of any polar bear part authorized by a permit issued under clause (i)(II). (bb) Applicability Item (aa) shall not apply to polar bear parts imported before the date of enactment of the Sportsmen's Act . 105. Target practice and marksmanship training on Federal land (a) Findings; purpose (1) Findings Congress finds that— (A) 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; (B) 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; (C) 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; (D) providing opportunities for target practice and marksmanship training at public target ranges on Federal and non-Federal land can help— (i) to promote enjoyment of shooting, recreational, and hunting activities; and (ii) to ensure safe and convenient locations for those activities; (E) 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. (F) it is in the public interest to provide increased Federal support to facilitate the construction or expansion of public target ranges. (2) Purpose The purpose of this section 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. (b) Definition of public target range In this section, 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. (c) Amendments to Pittman-Robertson Wildlife Restoration Act (1) Definitions Section 2 of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669a (A) by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively; and (B) 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; . (2) Expenditures for management of wildlife areas and resources Section 8(b) of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669g(b) (A) 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 ; (B) in paragraph (1) (as so designated), by striking construction, operation, operation (C) in the second sentence, by striking The non-Federal share (3) Non-Federal share The non-Federal share ; (D) in the third sentence, by striking The Secretary (4) Regulations The Secretary ; and (E) by inserting after paragraph (1) (as designated by subparagraph (A)) 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. . (3) Firearm and bow hunter education and safety program grants Section 10 of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669h–1 (A) 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. ; (B) 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 (C) in subsection (c)(1)— (i) by striking Amounts made (A) In general Except as provided in subparagraph (B), amounts made ; and (ii) 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. . (d) Limits on liability (1) Discretionary function For purposes of chapter 171 Federal Tort Claims Act (2) Civil action or claims Except to the extent provided in chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act (A) 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 (B) located on Federal land. (e) Sense of Congress regarding cooperation It is the sense of Congress that, consistent with applicable laws (including 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. II Duck stamps 201. Exemption for subsistence users Section 3(h)(2) of the Fish and Wildlife Improvement Act of 1978 ( 16 U.S.C. 712(1) A taking authorized under this section shall be exempt from the prohibition on taking under section 1 of the Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718a). 202. Electronic duck stamps (a) Definitions In this section: (1) Actual stamp The term actual stamp 16 U.S.C. 718a et seq. Duck Stamp Act (2) Automated licensing system (A) In general The term automated licensing system (B) Inclusion The term automated licensing system (3) Electronic stamp The term electronic stamp (A) is a unique identifier for the individual to whom it is issued; (B) can be printed on paper or produced through an electronic application with the same indicators as the State endorsement provides; (C) is issued through a State automated licensing system that is authorized, under State law and by the Secretary under this section, to issue electronic stamps; (D) is compatible with the hunting licensing system of the State that issues the electronic stamp; and (E) is described in the State application approved by the Secretary under subsection (c)(3). (4) Secretary The term Secretary (b) Authority To issue electronic duck stamps (1) In general The Secretary may authorize any State to issue electronic stamps in accordance with this section. (2) Consultation The Secretary shall implement this section in consultation with State management agencies. (c) State application (1) Approval of Application required The Secretary may not authorize a State to issue electronic stamps under this section unless the Secretary has received and approved an application submitted by the State in accordance with this section. (2) Number of new States The Secretary may determine the number of new States per year to participate in the electronic stamp program. (3) Contents of Application The Secretary may not approve a State application unless the application contains— (A) a description of the format of the electronic stamp that the State will issue under this section, including identifying features of the licensee that will be specified on the stamp; (B) a description of any fee the State will charge for issuance of an electronic stamp; (C) a description of the process the State will use to account for and transfer to the Secretary the amounts collected by the State that are required to be transferred to the Secretary under the program; (D) the manner by which the State will transmit electronic stamp customer data to the Secretary; (E) the manner by which actual stamps will be delivered; (F) the policies and procedures under which the State will issue duplicate electronic stamps; and (G) such other policies, procedures, and information as may be reasonably required by the Secretary. (4) Publication of Deadlines, Eligibility Requirements, and Selection Criteria Not later than 30 days before the date on which the Secretary begins accepting applications under this section, the Secretary shall publish— (A) deadlines for submission of applications; (B) eligibility requirements for submitting applications; and (C) criteria for approving applications. (d) State obligations and authorities (1) Delivery of Actual Stamp The Secretary shall require that each individual to whom a State sells an electronic stamp under this section shall receive an actual stamp— (A) by not later than the date on which the electronic stamp expires under subsection (e)(3); and (B) in a manner agreed upon by the State and Secretary. (2) Collection and transfer of electronic stamp revenue and customer information (A) Requirement to transmit The Secretary shall require each State authorized to issue electronic stamps to collect and submit to the Secretary in accordance with this subsection— (i) the first name, last name, and complete mailing address of each individual that purchases an electronic stamp from the State; (ii) the face value amount of each electronic stamp sold by the State; and (iii) the amount of the Federal portion of any fee required by the agreement for each stamp sold. (B) Time of transmittal The Secretary shall require the submission under subparagraph (A) to be made with respect to sales of electronic stamps by a State according to the written agreement between the Secretary and the State agency. (C) Additional fees not affected This section shall not apply to the State portion of any fee collected by a State under paragraph (3). (3) Electronic Stamp Issuance Fee A State authorized to issue electronic stamps may charge a reasonable fee to cover costs incurred by the State and the Department of the Interior in issuing electronic stamps under this section, including costs of delivery of actual stamps. (4) Duplicate Electronic Stamps A State authorized to issue electronic stamps may issue a duplicate electronic stamp to replace an electronic stamp issued by the State that is lost or damaged. (5) Limitation on Authority To Require Purchase of State License A State may not require that an individual purchase a State hunting license as a condition of issuing an electronic stamp under this section. (e) Electronic stamp requirements; recognition of electronic stamp (1) Stamp Requirements The Secretary shall require an electronic stamp issued by a State under this section— (A) to have the same format as any other license, validation, or privilege the State issues under the automated licensing system of the State; and (B) to specify identifying features of the licensee that are adequate to enable Federal, State, and other law enforcement officers to identify the holder. (2) Recognition of Electronic Stamp Any electronic stamp issued by a State under this section shall, during the effective period of the electronic stamp— (A) bestow upon the licensee the same privileges as are bestowed by an actual stamp; (B) be recognized nationally as a valid Federal migratory bird hunting and conservation stamp; and (C) authorize the licensee to hunt migratory waterfowl in any other State, in accordance with the laws of the other State governing that hunting. (3) Duration An electronic stamp issued by a State shall be valid for a period agreed to by the State and the Secretary, which shall not exceed 45 days. (f) Termination of State participation The authority of a State to issue electronic stamps under this section may be terminated— (1) by the Secretary, if the Secretary— (A) finds that the State has violated any of the terms of the application of the State approved by the Secretary under subsection (c); and (B) provides to the State written notice of the termination by not later than the date that is 30 days before the date of termination; or (2) by the State, by providing written notice to the Secretary by not later than the date that is 30 days before the termination date. III Reauthorizations 301. Federal Land Transaction Facilitation Act The Federal Land Transaction Facilitation Act is amended— (1) in section 202(5) ( 43 U.S.C. 2301(5) (A) in subparagraph (B), by striking and (B) in subparagraph (C), by inserting and (C) by adding at the end the following: (D) provide an opportunity to reduce the Federal budget deficit; ; (2) in section 203(2) ( 43 U.S.C. 2302(2) on the date of enactment of this Act was is (3) in section 205 ( 43 U.S.C. 2304 (A) in subsection (a), by striking approved land use plans (as in effect on the date of enactment of this Act) the most recent approved land use plans (B) in subsection (d), by striking 11 years after the date of enactment of this Act 15 years after the date of enactment of the Sportsmen's Act (4) in section 206 ( 43 U.S.C. 2305 (A) in subsection (a)— (i) by striking the gross proceeds of the sale or exchange of public land under this Act 30 percent of the gross proceeds of the sale or exchange of public land under this title (ii) by inserting before the period at the end the following: and the balance of the gross proceeds shall be deposited in the general fund of the United States Treasury and used for Federal budget deficit reduction (B) by striking subsection (f); and (5) in section 207(b) ( 43 U.S.C. 2306(b) (A) in paragraph (1)— (i) by striking 96–568 96–586 (ii) by striking ; or (B) in paragraph (2)— (i) by inserting Public Law 105–263; 112 Stat. (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (3) the White Pine County Conservation, Recreation, and Development Act of 2006 (Public Law 109–432; 120 Stat. 3028); (4) the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108–424; 118 Stat. 2403); (5) subtitle F of title I of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 1132 Public Law 111–11 (6) subtitle O of title I of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 460www note, 1132 note; Public Law 111–11 (7) section 2601 of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 (8) section 2606 of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 . 302. North American Wetlands Conservation Act Section 7(c)(5) of the North American Wetlands Conservation Act ( 16 U.S.C. 4406(c)(5) 2012 2017 IV Miscellaneous 401. Modification of definition of sport fishing equipment under the Toxic Substances Control Act Section 3(2)(B) of the Toxic Substances Control Act ( 15 U.S.C. 2602(2)(B) (1) in clause (v), by striking , and , or any component of any such article including, without limitation, shot, bullets and other projectiles, propellants, and primers, (2) in clause (vi) by striking the period at the end and inserting , and (3) by inserting after clause (vi) the following: (vii) any sport fishing equipment (as such term is defined in subsection (a) of section 4162 of the Internal Revenue Code of 1986) the sale of which is subject to the tax imposed by section 4161(a) of such Code (determined without regard to any exemptions from such tax as provided by section 4162 or 4221 or any other provision of such Code), and sport fishing equipment components. . 402. Annual permit and fee for film crews of 5 persons or fewer (a) Purpose The purpose of this section is to provide commercial film crews of 5 persons or fewer access to film in areas designated for public use during public hours on Federal land and waterways. (b) In General Section 1(a) of Public Law 106–206 16 U.S.C. 460 l (1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and indenting appropriately; (2) in the first sentence, by striking The Secretary of the Interior (1) In general Except as provided in paragraph (4), the Secretary of the Interior ; (3) in the second sentence, by striking Such fee (2) Criteria The fee established under paragraph (1) ; (4) in the third sentence, by striking The Secretary may (3) Other considerations The Secretary may ; and (5) by adding at the end the following: (4) Special rules for film crews of 5 persons or fewer (A) Definition of film crew In this paragraph, the term film crew (B) Required permit and fee For any film crew of 5 persons or fewer, the Secretary shall require a permit and assess an annual fee of $200 for commercial filming activities or similar projects on Federal land and waterways administered by the Secretary. (C) Commercial filming activities A permit issued under subparagraph (B) shall be valid for commercial filming activities or similar projects that occur in areas designated for public use during public hours on all Federal land and waterways administered by the Secretary for a 1-year period beginning on the date of issuance of the permit. (D) No additional fees For persons holding a permit issued under this paragraph, during the effective period of the permit, the Secretary shall not assess any fees in addition to the fee assessed under subparagraph (B). (E) Use of cameras The Secretary shall not prohibit, as a mechanized apparatus or under any other purposes, use of cameras or related equipment used for the purpose of commercial filming activities or similar projects in accordance with this paragraph on Federal land and waterways administered by the Secretary. (F) Notification required A film crew of 5 persons or fewer subject to a permit issued under this paragraph shall notify the applicable land management agency with jurisdiction over the Federal land at least 48 hours before entering the Federal land. (G) Denial of access The head of the applicable land management agency may deny access to a film crew under this paragraph if— (i) there is a likelihood of resource damage that cannot be mitigated; (ii) there would be an unreasonable disruption of the use and enjoyment of the site by the public; (iii) the activity poses health or safety risks to the public; or (iv) the filming includes the use of models or props that are not part of the natural or cultural resources or administrative facilities of the Federal land. . (c) Recovery of Costs Section 1(b) of Public Law 106–206 ( 16 U.S.C. 460 l (1) by striking collect any costs recover any costs (2) by striking similar project similar projects July 18, 2013 Read twice and ordered placed on the calendar

Sportsmen's Act

Amends the National Voter Registration Act of 1993 to allow states to require proof of citizenship for voter registration.

To amend the National Voter Registration Act of 1993 to permit States to require proof of citizenship for registration to vote in elections for Federal office. 1. States permitted to require proof of citizenship for voter registration Section 6 of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–4 (e) Proof of citizenship Nothing in subsection (a) shall be construed to preempt any State law requiring evidence of citizenship in order to complete any requirement to register to vote in elections for Federal office. . July 18, 2013 Read twice and ordered placed on the calendar

A bill to amend the National Voter Registration Act of 1993 to permit States to require proof of citizenship for registration to vote in elections for Federal office.

Crime Gun Tracing Act of 2013 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to direct the Attorney General, in awarding public safety and community policing (COPS ON THE BEAT) grants, to give preferential consideration to an applicant that has reported all firearms recovered during the previous 12 months at a crime scene or during the course of a criminal investigation to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), or to a state agency that reports such firearms to the Bureau, for the purpose of tracing. Requires each application for a COPS grant to specify: (1) whether the applicant recovered any firearms at a crime scene or during the course of a criminal investigation during the 12 months before the submission of the application; (2) the number of such firearms recovered; (3) the number of such firearms reported to the Bureau, or to a state agency that reports such firearms to the Bureau, for tracing; and (4) the reason why any such firearms were not so reported.

To promote the tracing of firearms used in crimes, and for other purposes. 1. Short title This Act may be cited as the Crime Gun Tracing Act of 2013 2. Definition Section 1709 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd–8 (1) redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively; and (2) inserting before paragraph (2), as redesignated, the following: (1) Bureau . 3. Incentives for tracing firearms used in crimes Section 1701 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd (c) Preferential consideration of applications for certain grants In awarding grants under this part, the Attorney General, where feasible— (1) may give preferential consideration to an application for hiring and rehiring additional career law enforcement officers that involves a non-Federal contribution exceeding the 25-percent minimum under subsection (g); and (2) shall give preferential consideration to an application submitted by an applicant that has reported all firearms recovered during the previous 12 months by the applicant at a crime scene or during the course of a criminal investigation to the Bureau for the purpose of tracing, or to a State agency that reports such firearms to the Bureau for the purpose of tracing. . 4. Reporting of firearm tracing by applicants for Community Oriented Policing Services grants Section 1702(c) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd–1(c) (1) in paragraph (10), by striking and (2) in paragraph (11), by striking the period at the end and inserting ; and (3) by adding at the end the following: (12) specify— (A) whether the applicant recovered any firearms at a crime scene or during the course of a criminal investigation during the 12 months before the submission of the application; (B) the number of firearms described in subparagraph (A); (C) the number of firearms described in subparagraph (A) that were reported to the Bureau for tracing, or to a State agency that reports such firearms to the Bureau for tracing; and (D) the reason why any firearms described under subparagraph (A) were not reported to the Bureau for tracing, or to a State agency that reports such firearms to the Bureau for tracing. .

Crime Gun Tracing Act of 2013

Requires the Office of Personnel Management (OPM) to submit an annual report to Congress on the use of official time by federal employees. Defines "official time" as any period of time granted to a federal employee to perform representational or consultative functions and during which the employee would otherwise be in a duty status.

To amend title 5, United States Code, to require that the Office of Personnel Management submit an annual report to Congress relating to the use of official time by Federal employees. 1. Reporting requirement (a) In general Section 7131 of title 5, United States Code, is amended by adding at the end the following: (e) (1) Not later than March 31 of each calendar year, the Office of Personnel Management, in consultation with the Office of Management and Budget, shall submit to Congress a report on the operation of this section during the most recent full fiscal year. (2) Each report submitted under this subsection shall include the following information with respect to the most recent full fiscal year: (A) The total amount of official time granted to employees. (B) The average amount of official time expended by an employee in an appropriate unit represented by an exclusive representative. (C) The specific types of activities or purposes for which official time was granted, and the impact that the granting of official time for those activities or purposes had on agency operations. (D) The total number of employees to whom official time was granted, and, of that total number, the number of employees who were not engaged in any activities or purposes except activities or purposes involving the use of official time. (E) The total amount of compensation (including health benefits, retirement benefits, life insurance benefits, and student loan repayments) afforded to employees in connection with activities or purposes for which the employees were granted official time. (F) The dollar value of any office space, furnishings, equipment, or supplies provided by the Government in connection with activities or purposes for which employees were granted official time. (3) All information included in a report under this subsection— (A) shall be provided both as to each agency and for all agencies; and (B) shall be accompanied by the corresponding information for the fiscal year before the most recent full fiscal year, together with appropriate comparisons and analyses. (4) For purposes of this subsection, the term official time (A) that may be granted to an employee under this chapter (including under a collective bargaining agreement entered into under this chapter) to perform representational or consultative functions; and (B) during which the employee would otherwise be in a duty status. . (b) Applicability The amendment made by subsection (a) shall apply to the first calendar year that begins at least 3 months after the date of enactment of this Act, and each calendar year thereafter.

A bill to amend title 5, United States Code, to require that the Office of Personnel Management submit an annual report to Congress relating to the use of official time by Federal employees.

Cabin Fee Act of 2013 - (Sec. 2) Directs the Secretary of Agriculture (USDA) to set an annual fee for a special use permit for the use and occupancy of National Forest System land for recreational residence purposes. Requires the Secretary to complete the current appraisal cycle for the recreational residences within two years in accordance with the Cabin User Fees Fairness Act of 2000. Requires the assessment of an interim annual fee from January 1, 2014, until the current appraisal is completed. Instructs the Secretary to make a one-time adjustment to the value of each appraised lot on which a recreational residence is located to reflect any change in value occurring after the date of the most recent appraisal. Allows a permitee to arrange for a second appraisal of a lot. Specifies the annual fee for 11 fee tiers based on the value of the lot on which the recreational residence is located, and requires annual inflation adjustments. Allows the Secretary to suspend or reduce the annual fee if access to, or the occupancy of, the recreational residence is significantly restricted. Requires the Secretary to report after ten years on: (1) these annual fees in order to ensure that they reflect fair value for the use of the land for recreational residential purposes, and (2) any recommendations to modify the fee system. (Sec. 3) Directs the Secretary to establish a transfer fee of $1,200, adjusted annually for inflation, for the issuance of a new recreational residence permit due to a change in ownership of the recreational residence. (Sec. 4) Prohibits the Secretary from establishing or imposing a fee or condition under this Act for permits in Alaska that is inconsistent with provisions regarding the renewal or continuation of permits and leases for cabins, homesites, or similar structures on federal lands under the Alaska National Interest Lands Conservation Act. (Sec. 5) Permits the Secretary, beginning in FY2024, to retain and expend any fees collected under this Act without further appropriation. Requires the fees to be used to administer the recreational residence program and other recreation programs carried out on National Forest System land. (Sec. 6) Repeals the Cabin User Fees Fairness Act of 2000, effective on the date the annual permit fees are assessed under this Act.

To modify the Forest Service Recreation Residence Program as the program applies to units of the National Forest System derived from the public domain by implementing a simple, equitable, and predictable procedure for determining cabin user fees, and for other purposes. 1. Short title This Act may be cited as the Cabin Fee Act of 2013 2. Cabin user fees (a) In general The Secretary of Agriculture (referred to in this Act as the Secretary (b) Completion of current appraisal cycle Not later than 2 years after the date of enactment of this Act, the Secretary shall complete the current appraisal cycle for recreational residences on National Forest System land in accordance with the Cabin User Fees Fairness Act of 2000 ( 16 U.S.C. 6201 et seq. current appraisal cycle (c) Interim fee Until During the period beginning on January 1, 2014, and ending on (1) the fee determined under the Cabin User Fees Fairness Act (16 U.S.C. 6901 et seq.), subject to the requirement that any increase over the fee assessed during the previous year shall be limited to not more than 25 percent; or (2) $5,500. (d) Adjustment (1) In general On the date of completion of the current appraisal cycle, and before assessing a fee under this Act, the Secretary shall make a 1-time adjustment to the value of each appraised lot on which a recreational residence is located to reflect any change in value occurring after the date of the most recent appraisal for the lot, in accordance with the 4th quarter of 2012 National Association of Homebuilders/Wells Fargo Housing Opportunity Index. (2) Second appraisal (A) In general Notwithstanding paragraph (1), a permittee may arrange for a second appraisal of a recreational residence lot. (B) Requirements Any appraisal conducted under subparagraph (A) shall be conducted in accordance with applicable Federal appraisal standards. (C) Value If an appraisal conducted under subparagraph (A) is approved by the Secretary, the value established by the appraisal shall be the value assigned to the lot. (e) Annual fee (1) Amount After the date on which appraised lot values have been adjusted in accordance with subsection (d), the annual fee assessed by the Secretary for recreational residences on National Forest System land shall be as follows: Fee Tier Approximate Fee Tier 1 Not to exceed 6 percent $500 Tier 2 Not to exceed 16 percent $1,000 Tier 3 Not to exceed 26 percent $1,500 Tier 4 Not to exceed 22 percent $2,000 Tier 5 At least 10 percent $2,500 Tier 6 Not to exceed 5 percent $3,000 Tier 7 Not to exceed 5 percent $3,500 Tier 8 Not to exceed 3 percent $4,000 Tier 9 Not to exceed 3 percent $4,500 Tier 10 Not to exceed 3 percent $5,000 Tier 11 Not to exceed 1 percent $5,500. (2) Adjustments The Secretary shall increase or decrease the annual fees set forth in the table under paragraph (1) to reflect changes in the Implicit Price Deflator for the Gross Domestic Product published by the Bureau of Economic Analysis of the Department of Commerce, applied on a 5-year rolling average. (3) Access and occupancy (A) In general The Secretary may suspend or reduce the applicable fee under paragraph (1) if access to, or the occupancy of, the recreational residence is significantly restricted. (B) Appeal A decision of the Secretary to suspend or reduce the annual fee under subparagraph (A) may be appealed. (f) Periodic review (1) In general Beginning on the date that is 10 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that— (A) analyzes the annual fees set forth in the table under subsection (e) to ensure that the fees reflect fair value for the use of the land for recreational residence purposes, taking into account all use limitations and restrictions (including any limitations and restrictions imposed by the Secretary); and (B) includes any recommendations of the Secretary with respect to modifying the fee system. (2) Limitation The use of appraisals shall not be required for any modifications to the fee system based on the recommendations under paragraph (1)(B). 3. Cabin transfer fees (a) In general The Secretary shall establish a fee in the amount of $1,200 for the issuance of a new recreational residence permit due to a change of ownership of the recreational residence. (b) Adjustments The Secretary shall annually increase or decrease the transfer fee established under subsection (a) to reflect changes in the Implicit Price Deflator for the Gross Domestic Product published by the Bureau of Economic Analysis of the Department of Commerce, applied on a 5-year rolling average. 4. Effect (a) In general Nothing in this Act limits or restricts any right, title, or interest of the United States in or to any land or resource in the National Forest System. (b) Alaska The Secretary shall not establish or impose a fee or condition under this Act for permits in the State of Alaska that is inconsistent with section 1303(d) of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3193(d) 5. Retention of fees (a) In general Beginning on October 1, 2023, the Secretary may retain, and expend, for the purposes described in subsection (b), any fees collected under this Act without further appropriation. (b) Use Amounts made available under subsection (a) shall be used to administer the recreational residence program and other recreation programs carried out on National Forest System land. 6. Repeal of cabin user fees fairness act of 2000 Effective on the date of the assessment of annual permit fees in accordance with section 2(e) (as certified to Congress by the Secretary), the Cabin User Fees Fairness Act of 2000 (16 U.S.C. 6201 et seq.) is repealed. Amend the title so as to read: A bill to modify the Forest Service recreation residence program to implement a simple, equitable, and predictable procedure for determining cabin user fees, and for other purposes. May 22, 2014 Reported with an amendment and an amendment to the title

Cabin Fee Act of 2013

Conference Accountability Act of 2014 - Prohibits a federal agency from paying the travel expenses for more than 50 employees stationed in the United States to attend any conference (defined as a meeting, retreat, seminar, symposium, or event that involves attendee travel) occurring outside the United States, unless the Deputy Secretary and the Chief Financial Officer of the agency submits to Congress before the conference a written certification that attendance for such employees is in the national interest. Requires each agency to post on its public website, for five years, quarterly reports, in a searchable electronic format, on each conference that was held during the preceding three months for which the agency paid more than $50,000. Requires each report to include: the itemized expenses paid by the agency, including travel expenses, the cost of scouting for and selecting the location of the conference, and any agency expenditures to otherwise support the conference; the primary sponsor, location, and dates of the conference; for conferences for which the agency was the primary sponsor, a statement that justifies the location selected, demonstrates the cost efficiency of the location, and provides a cost benefit analysis of holding a conference as opposed to conducting a teleconference or other means of remote communication; an explanation of how the conference advanced the mission of the agency; the pay grade of any federal employee or other individual whose travel expenses or other conference expenses were paid by the agency; the total number of individuals whose travel expenses or other conference expenses were paid by the agency; detailed information on any presentation made by a federal employee at the conference; and information on any financial support or other assistance from a foundation or other non-federal source used to pay or defray the costs of the conference, with a certification that such assistance posed no conflict of interest. Exempts from such reporting requirement: (1) information on travel or conference expenses involving military combat, the training or deployment of members of the Armed Forces, or other similar expenses; or (2) scientific or medical research presented by a federal employee at a conference that was previously unpublished. Authorizes an agency head to exclude information, expenses, and materials from a report on its conferences only if the agency head determines that the inclusion of such information would undermine national security, international diplomacy, health and safety inspections, law enforcement, or site visits required for oversight or investigatory purposes. Prohibits any agency from paying more than $500,000 to support a single conference unless the head of the agency and its Chief Financial Officer submits to Congress, before the conference, a written certification that the conference is in the national interest. Requires such certification to include: (1) an estimate of the total cost of the conference, (2) the dates of the conference, (3) an estimate of the number of full-time agency employees attending the conference, (4) any costs associated with planning for the conference, and (5) an explanation of how the conference advances the mission of the agency. Prohibits an agency from establishing or implementing a policy that discourages or prohibits the selection of a location for travel, an event, a meeting, or a conference because the location is perceived to be a resort or vacation destination.

To provide transparency, accountability, and limitations of Government sponsored conferences. 1. Short title This Act may be cited as the Conference Accountability Act of 2013 2. Government sponsored conferences (a) Travel expenses of Federal agencies relating to conferences (1) Limitations and reports on travel expenses to conferences Chapter 57 5712. Limitations and reports on travel expenses to conferences (a) In this section, the term— (1) conference (A) is held for consultation, education, or discussion; (B) is not held entirely at an agency facility; (C) involves costs associated with travel and lodging for some participants; and (D) is sponsored by 1 or more agencies, 1 or more organizations that are not agencies, or a combination of such agencies or organizations; and (2) international conference (A) the United States Government; and (B) any foreign government, international organization, or foreign nongovernmental organization. (b) No agency may pay the travel expenses for more than 50 employees of that agency who are stationed in the United States, for any international conference occurring outside the United States, unless the Secretary of State submits to Congress before the conference a written certification that attendance for such employees is in the national interest. (c) Not later than 30 days after the end of each quarter of each fiscal year, each agency shall post on the public Internet website of that agency a report on each conference for which the agency paid travel expenses during the preceding 3 months that includes— (1) the itemized expenses paid by the agency, including travel expenses, the cost of scouting for and selecting the location of the conference, and any agency expenditures to otherwise support the conference; (2) the primary sponsor of the conference; (3) the location of the conference; (4) in the case of a conference for which that agency was the primary sponsor, a statement that— (A) justifies the location selected; (B) demonstrates the cost efficiency of the location; and (C) provides a cost benefit analysis of holding a conference rather than conducting a teleconference; (5) the date of the conference; (6) an explanation how the conference advanced the mission of the agency; (7) the title and pay grade of any Federal employee or any individual who is not a Federal employee whose travel expenses or other conference expenses were paid by the agency; and (8) the total number of individuals whose travel expenses or other conference expenses were paid by the agency. (d) Each report posted on the public Internet website under subsection (c) shall— (1) be in a searchable electronic format; and (2) remain on that website for at least 5 years after the date of posting. . (2) Technical and conforming amendment The table of sections for chapter 57 of title 5, United States Code, is amended by inserting after the item relating to section 5711 the following: 5712. Limitations and reports on travel expenses to conferences. . (b) Limitations on annual travel expenses (1) In general In the case of each of fiscal years 2014 through 2018, an agency (as defined under section 5701(1) (2) Identification of travel expenses Not later than September 1, 2013, and after consultation with the Administrator of General Services and the Director of the Administrative Office of the United States Courts, the Director of the Office of Management and Budget shall establish guidelines for the determination of what expenses constitute travel expenses for purposes of this subsection. The guidelines shall identify specific expenses, and classes of expenses, that are to be treated as travel expenses. (c) Conference transparency and limitations (1) Definitions In this subsection— (A) the term agency section 5701(1) (B) the term conference (2) Public availability of conference materials Each agency shall post on the public Internet website of that agency detailed information on any presentation made by any employee of that agency at a conference, including— (A) any minutes relating to the presentation; (B) any speech delivered; (C) any visual exhibit, including photographs or slides; (D) any video, digital, or audio recordings of the conference; and (E) information regarding any financial support or other assistance from a foundation or other non-Federal source used to pay or defray the costs of the conference, which shall include a certification by the head of the agency that there is no conflict of interest resulting from the support received from each such source. (3) Limitation on amount expended on a conference (A) In general No agency may expend more than $500,000 to support a single conference. (B) Rule of construction Nothing in this paragraph shall be construed to preclude an agency from receiving financial support or other assistance from a foundation or other non-Federal source to pay or defray the costs of a conference the total cost of which exceeds $500,000. (4) Limitation on the annual number of conferences an agency may support (A) In general An agency may expend funds on not more than 1 conference that is sponsored or organized by a particular organization during any fiscal year, unless the agency is the primary sponsor and organizer of the conference. (B) Rule of construction Nothing in this paragraph shall be construed to preclude an agency from paying travel expenses for an employee of that agency to attend a conference. (5) Limitation on conference policies An agency may not establish or implement a policy that discourages or prohibits the selection of a location for travel, an event, a meeting, or a conference because the location is perceived to be a resort or vacation destination. 1. Short title This Act may be cited as the Conference Accountability Act of 2014 2. Definitions In this Act— (1) the term agency section 5701(1) (2) the term conference 3. Government sponsored conferences (a) Expenses of Federal agencies relating to conferences (1) Limitations and reports on conference expenses Subchapter I of chapter 57 5712. Limitations and reports on conference expenses (a) In this section, the term conference (b) No agency may pay the travel expenses for more than 50 employees of that agency who are stationed in the United States, for any conference occurring outside the United States, unless the Deputy Secretary (or the equivalent) and the Chief Financial Officer of the agency submit to Congress before the conference a written certification that attendance for such employees is in the national interest. (c) Not later than 30 days after the end of each quarter of each fiscal year, each agency shall post on the public Internet website of the agency a report on each conference that was held during the preceding 3 months for which the agency expended more than $50,000 that includes— (1) the itemized expenses paid by the agency, including travel expenses, the cost of scouting for and selecting the location of the conference, and any agency expenditures to otherwise support the conference; (2) the primary sponsor of the conference; (3) the location of the conference; (4) in the case of a conference for which the agency was the primary sponsor, a statement that— (A) justifies the location selected; (B) demonstrates the cost efficiency of the location; and (C) provides a cost benefit analysis of holding a conference rather than conducting a teleconference, video conference, video training, or other means of remote communication; (5) the dates of the conference; (6) an explanation of how the conference advanced the mission of the agency; (7) the pay grade of any Federal employee or any individual who is not a Federal employee whose travel expenses or other conference expenses were paid by the agency; (8) the total number of individuals whose travel expenses or other conference expenses were paid by the agency; (9) detailed information on any presentation made by a Federal employee at the conference, including any speech, visual exhibit, photograph, slide, or video, digital, or audio recording; and (10) information regarding any financial support or other assistance from a foundation or other non-Federal source used to pay or defray the costs of the conference, which shall include a certification that there is no conflict of interest resulting from the support received from each such source. (d) Each report posted on the public Internet website under subsection (c)— (1) shall— (A) be in a searchable electronic format; and (B) remain on the website for not less than 5 years after the date of posting; and (2) shall not include— (A) information regarding travel or conference expenses involving military combat, the training or deployment of members of the Armed Forces, or other similar expenses, as determined by the Director of the Office of Management and Budget in consultation with the Administrator of General Services; or (B) scientific or medical research presented by a Federal employee at a conference that was previously unpublished. (e) The head of an agency may exclude certain information, expenses, and materials from a report required under subsection (c) only if the head of the agency determines that the inclusion of such information would undermine national security, international diplomacy, health and safety inspections, law enforcement, or site visits required for oversight or investigatory purposes. . (2) Technical and conforming amendment The table of sections for chapter 57 of title 5, United States Code, is amended by inserting after the item relating to section 5711 the following: 5712. Limitations and reports on conference expenses. . (b) Conference limitations (1) Limitation on amount expended on a conference (A) In general No agency may expend more than $500,000 to support a single conference, unless the head of the agency and the Chief Financial Officer of the agency submit to Congress before the conference a written certification that the conference is in the national interest, which shall include— (i) an estimate of the total cost of the conference; (ii) the dates of the conference; (iii) an estimate of the number of full-time equivalent employees attending the conference; (iv) any costs associated with planning for the conference; and (v) an explanation of how the conference advances the mission of the agency. (B) Rule of construction Nothing in this paragraph shall be construed to preclude an agency from receiving financial support or other assistance from a foundation or other non-Federal source to pay or defray the costs of a conference. (2) Limitation on conference policies An agency may not establish or implement a policy that discourages or prohibits the selection of a location for travel, an event, a meeting, or a conference because the location is perceived to be a resort or vacation destination. October 1, 2014 Reported with an amendment

Conference Accountability Act of 2014

Native American Housing Assistance and Self-Determination Reauthorization Act of 2013 - Title I: Block Grants and Grant Requirements - (Sec. 101) Amends the Native American Housing Assistance and Self-Determination Act of 1996 (Act) to allow Indian housing block grant recipients to use income that is realized from program income without restriction. Applies tribal prevailing wage laws to the administration of all federal funding for projects funded in part under that Act. (Sec. 102) Deems compliance with the environmental review requirements of the Indian housing block grant projects to satisfy any other federal environmental review requirements imposed on agencies involved in the projects. (Sec. 103) Reauthorizes appropriations for the block grants through FY2018. Title II: Affordable Housing Activities - (Sec. 201) Makes an exception to the requirement that housing assisted under the Act remain affordable for the useful life of the property if: (1) a family or household member subsequently takes over ownership of a unit, or (2) an improvement is made to a privately owned unit and the aggregate value of that improvement for the five-year period following its completion is less than $10,000. Allows rental housing made available to a current tenant for conversion to a homebuyer or lease-purchase unit to be purchased by the tenant if that tenant was a low-income family at the time of initial occupancy. (Sec. 202) Applies lease termination notification requirements to any project or program funded in part under the Act. (Sec. 203) Repeals a program allowing Indian tribes to use a portion of the block grants for housing activities wholly self-determined by the Indian tribe. (Sec. 204) Prohibits affordable housing that is developed, acquired, or assisted under the block grant program from exceeding by more than 20% the total development cost maximum cost for all housing assisted under an affordable housing activity, without the approval of the Secretary of Housing and Urban Development (HUD). Title III: Compliance, Audits, and Reports - (Sec. 301) Requires the Secretary's annual report to Congress on the activities carried out under the Act to be submitted to the Senate Committee on Indian Affairs, Senate Committee on Banking, Housing and Urban Affairs, and House Committee on Financial Services. Requires that report to be made available to the public. Title IV: Other Housing Assistance for Native Americans - (Sec. 401) Amends the United States Housing Act of 1937 to authorize the Secretary to implement a rental assistance and supportive housing demonstration program, in conjunction with the Secretary of Veterans Affairs (VA), for the benefit of Indian veterans who are homeless or at-risk of homelessness and who are residing on or near Indian areas. ("Indian areas" are defined as those areas within which an Indian tribe or a tribally designated housing entity provides affordable housing assistance under this Act.) Authorizes the Secretary, in carrying out the demonstration program, to waive or establish alternative requirements regarding the use of rental assistance if doing so is necessary for the effective delivery and administration of rental assistance to Indian veterans. (Sec. 402) Amends the Act to clarify that the 50-year limit on the lease of trust or Indian restricted lands for housing purposes does not affect any authority to lease those lands that is conferred pursuant to any other law in effect before, on, or after the enactment of that limit. (Sec. 403) Reauthorizes appropriations, through FY2018, for the provision of training and technical assistance to Indian housing authorities and tribally designated housing entities. Title V: Miscellaneous - (Sec. 501) Amends the Act to treat a tribally designated housing entity as a community-based development organization for purposes of the Indian Community Development Block Grant program. (Sec. 502) Repeals the provision of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 that prohibits the use of funds under that Act for the benefit of the Cherokee Nation unless the Temporary Order and Temporary Injunction issued on May 14, 2007, by the District Court of the Cherokee Nation remains in effect or there is a settlement agreement which ends litigation among the adverse parties. (Sec. 503) Reauthorizes the Native Hawaiian Homeownership Act through FY2018. (Sec. 504) Allows all funds provided under a grant made pursuant to this Act to be used to meet matching or cost participation requirements under any other federal or nonfederal program.

To reauthorize the Native American Housing Assistance and Self-Determination Act of 1996, and for other purposes. 1. Short title; table of contents; references (a) Short title This Act may be cited as the Native American Housing Assistance and Self-Determination Reauthorization Act of 2013 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents; references. TITLE I—Block grants and grant requirements Sec. 101. Treatment of program income and labor standards. Sec. 102. Environmental review. Sec. 103. Authorization of appropriations. TITLE II—Affordable housing activities Sec. 201. Low-income requirement and income targeting. Sec. 202. Lease requirements and tenant selection. Sec. 203. Self-determined housing activities for tribal communities. Sec. 204. Total development cost maximum project cost. TITLE III—Compliance, audits, and reports Sec. 301. Reports to Congress. TITLE IV—Other housing assistance for Native Americans Sec. 401. Demonstration of rental assistance for homeless or at-risk Indian veterans. Sec. 402. 50-year leasehold interest in trust or restricted lands for housing purposes. Sec. 403. Training and technical assistance. Sec. 404. Preferences for projects in Indian areas. TITLE V—Miscellaneous Sec. 501. Community-based organizations and tribally designated housing entities. Sec. 502. Elimination of limitation on use for Cherokee Nation. Sec. 503. Reauthorization of Native Hawaiian Homeownership Act. Sec. 504. Matching or cost-participation requirement. (c) References Except as otherwise expressly provided, wherever 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 Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. I Block grants and grant requirements 101. Treatment of program income and labor standards Section 104 ( 25 U.S.C. 4114 (1) in subsection (a), by striking paragraph (1) and inserting the following: (1) Authority to retain (A) In general Notwithstanding any other provision of this Act, a recipient may retain any program income that is realized from any grant amounts under this Act if— (i) the income was realized after the initial disbursement of the grant amounts received by the recipient; and (ii) the recipient has agreed that the recipient will utilize the income for housing related activities in accordance with this Act. (B) Requirements Any income that is realized by a recipient from program income shall— (i) be considered nonprogram income; and (ii) have no restrictions on use. ; and (2) in subsection (b), by striking paragraph (3) and inserting the following: (3) Application of tribal laws (A) In general Paragraph (1) shall not apply to any contract or agreement for assistance, sale, or lease pursuant to this Act, if that contract or agreement is otherwise covered by 1 or more laws or regulations adopted by an Indian tribe that requires the payment of not less than prevailing wages, as determined by the Indian tribe. (B) Wages The prevailing wages described in subparagraph (A) shall apply to the administration of all Federal funding for projects funded in part by funds authorized under this Act. . 102. Environmental review Section 105 (25 U.S.C. 4115) is amended by striking subsection (d) and inserting the following: (d) Environmental compliance Notwithstanding any other provision of law or use of any other source of funding for the project, compliance with the environmental review requirements of this section shall satisfy any other applicable environmental review requirement under any other Federal law (including regulations) required to be carried out by any agency involved in the project. . 103. Authorization of appropriations Section 108 ( 25 U.S.C. 4117 2009 through 2013 2013 through 2018 II Affordable housing activities 201. Low-income requirement and income targeting Section 205 ( 25 U.S.C. 4135 (c) Applicability (1) In general The provisions of subsection (a)(2) regarding binding commitments for the remaining useful life of property shall not apply to— (A) a family or household member who subsequently takes ownership of a homeownership unit; or (B) any improvement to a privately owned homeownership unit if the aggregate value of the improvement for the 5-year period following completion of the improvement is less than $10,000. (d) Purchase In the case of rental housing that is made available to a current rental tenant for conversion to a homebuyer or lease-purchase unit, the current rental tenant may purchase through a contract to purchase, lease-purchase agreement, or any other sales agreement if the unit is made available for occupancy by a family that is a low-income family at the time of initial occupancy. . 202. Lease requirements and tenant selection Section 207 ( 25 U.S.C. 4137 (c) Notice of termination The notice period described in subsection (a)(3) shall apply to projects and programs funded in part by amounts authorized under this Act. . 203. Self-determined housing activities for tribal communities Subtitle B of title II (25 U.S.C. 4145 et seq.) is repealed. 204. Total development cost maximum project cost Affordable housing (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 25 U.S.C. 4111 III Compliance, audits, and reports 301. Reports to Congress Section 407 (25 U.S.C. 4167) is amended— (1) in subsection (a), by striking Congress Committee on Indian Affairs and the Committee on Banking, Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives (2) by adding at the end the following: (c) Public availability The report described in subsection (a) shall be made publicly available, including to recipients. . IV Other housing assistance for Native Americans 401. Demonstration of rental assistance for homeless or at-risk Indian veterans Section 8(o)(19) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(19) (D) Indian veterans housing rental assistance demonstration program (i) Definitions In this subparagraph: (I) Indian The term Indian Indian Self-Determination and Education Assistance Act 25 U.S.C. 450b (II) Indian lands The term Indian lands 25 U.S.C. 4302 (III) Tribal organization The term tribal organization 25 U.S.C. 450b (ii) Authorization of program The Secretary may use not more than 5 percent of the amounts made available for rental assistance under this subsection to carry out a rental assistance and supportive housing program, in conjunction with the Secretary of Veterans Affairs, for the benefit of Indian veterans who are homeless or at-risk of homelessness and who are residing on or near Indian lands. (iii) Model The program described in clause (ii) shall be modeled on the rental assistance and supportive housing program authorized under this section and applicable appropriations Acts, including administration in conjunction with the Secretary of Veterans Affairs, except that the Secretary may make necessary and appropriate modifications to facilitate the use of the program by Indian grant recipients to serve eligible Indian veterans. (iv) Eligible recipients Rental assistance under clause (ii) shall be made available to recipients eligible to receive grants under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111). (v) Funding criteria Rental assistance under clause (ii) shall be awarded based on— (I) need; (II) administrative capacity; and (III) any other funding criteria established by the Secretary in a notice published in the Federal Register after consulting with the Secretary of Veterans Affairs. (vi) Administration Rental assistance made available under clause (ii) shall be administered in accordance with the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. (I) submit to the Secretary, in a manner prescribed by the Secretary, reports on the use of rental assistance provided under the demonstration program; and (II) provide to the Secretary information specified by the Secretary to assess the effectiveness of the demonstration program in serving eligible veterans. (vii) Consultation The Secretary, in coordination with the Secretary of Veterans Affairs, shall consult with recipients of grants under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4111 (viii) Waiver (I) In general Except as provided in subclause (II), the Secretary may waive or specify alternative requirements for any provision of law (including regulations) that the Secretary administers in connection with the use of rental assistance made available under this subparagraph if the Secretary finds that the waiver or alternative requirement is necessary for the effective delivery and administration of rental assistance made available under this subparagraph to Indian veterans. (II) Exception The Secretary shall not waive or specify alternative requirements under subclause (I) for any provision of law (including regulations) relating to labor standards or the environment. . 402. 50-year leasehold interest in trust or restricted lands for housing purposes Section 702(c)(1) (25 U.S.C. 4211(c)(1)) is amended by inserting (in effect before, on, or after the date of enactment of this section) law 403. Training and technical assistance Section 703 ( 25 U.S.C. 4212 of fiscal years 2009 through 2013 fiscal year for which funds are appropriated under section 108. 404. Preferences for projects in Indian areas (a) In general Section 42(m)(1) of the Internal Revenue Code of 1986 is amended— (1) in subparagraph (B)(ii)— (A) in subclause (II), by striking and (B) by adding at the end the following: (IV) projects which are located in an Indian area (as defined in section 4(11) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103(11))) and for which the entity applying to receive credit is— (aa) an Indian tribe or a tribally designated housing entity (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 (bb) wholly owned or controlled by an Indian tribe or tribally designated housing entity (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 (cc) a subrecipient of funding under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ; (2) in subparagraph (C)— (A) in clause (vi), by inserting and Indian public (B) by redesignating clauses (ix) and (x) as clauses (x) and (xi), respectively; and (C) by inserting after clause (viii) the following: (ix) projects described in subparagraph (B)(ii)(IV), ; and (3) by adding at the end the following: (E) Preference for projects in Indian areas In addition to the preference provided to projects described in subparagraph (B)(ii)(IV), for purposes of evaluating such projects pursuant to a competitive application process for allocation of housing credit dollar amounts, a housing credit agency— (i) for purposes of any numerical evaluation process employed by the agency, shall increase the cumulative points or score for such project by not less than 10 percent of the total points or credits available to any project, and (ii) shall not consider the lack of proximity of such project to population centers, public transportation systems, or publicly available amenities. . (b) Effective date The amendments made by this section shall apply to housing credit dollar amounts allocated by a housing credit agency after December 31, 2013. V Miscellaneous 501. Community-based organizations and tribally designated housing entities Title VII ( Public Law 104–330 706. Community-based development organization A tribally designated housing entity shall qualify as a community-based development organization for purposes of the Indian Community Development Block Grant program authorized under section 106(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(a)). . 502. Elimination of limitation on use for Cherokee Nation Section 801 of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 (Public Law 110–411; 122 Stat. 4334) is repealed. 503. Reauthorization of Native Hawaiian Homeownership Act Section 824 ( 25 U.S.C. 4243 2001, 2002, 2003, 2004, and 2005, 2014, 2015, 2016, 2017, and 2018 504. Matching or cost-participation requirement All funds provided under a grant made pursuant to this Act or the amendments made by this Act may be used for purposes of meeting matching or cost participation requirements under any other Federal or non-Federal program. 1. Short title; table of contents; references (a) Short title This Act may be cited as the Native American Housing Assistance and Self-Determination Reauthorization Act of 2013 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents; references. TITLE I—Block grants and grant requirements Sec. 101. Treatment of program income and labor standards. Sec. 102. Environmental review. Sec. 103. Authorization of appropriations. TITLE II—Affordable housing activities Sec. 201. Low-income requirement and income targeting. Sec. 202. Lease requirements and tenant selection. Sec. 203. Self-determined housing activities for tribal communities. Sec. 204. Total development cost maximum project cost. TITLE III—Compliance, audits, and reports Sec. 301. Reports to Congress. TITLE IV—Other housing assistance for Native Americans Sec. 401. Demonstration of rental assistance for homeless or at-risk Indian veterans. Sec. 402. 50-year leasehold interest in trust or restricted lands for housing purposes. Sec. 403. Training and technical assistance. TITLE V—Miscellaneous Sec. 501. Community-based organizations and tribally designated housing entities. Sec. 502. Elimination of limitation on use for Cherokee Nation. Sec. 503. Reauthorization of Native Hawaiian Homeownership Act. Sec. 504. Matching or cost-participation requirement. (c) References Except as otherwise expressly provided, wherever 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 Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. I Block grants and grant requirements 101. Treatment of program income and labor standards Section 104 ( 25 U.S.C. 4114 (1) in subsection (a), by striking paragraph (1) and inserting the following: (1) Authority to retain (A) In general Notwithstanding any other provision of this Act, a recipient may retain any program income that is realized from any grant amounts under this Act if— (i) the income was realized after the initial disbursement of the grant amounts received by the recipient; and (ii) the recipient has agreed that the recipient will utilize the income for housing related activities in accordance with this Act. (B) Requirements Any income that is realized by a recipient from program income shall— (i) be considered nonprogram income; and (ii) have no restrictions on use. ; and (2) in subsection (b), by striking paragraph (3) and inserting the following: (3) Application of tribal laws (A) In general Paragraph (1) shall not apply to any contract or agreement for assistance, sale, or lease pursuant to this Act, if that contract or agreement is otherwise covered by 1 or more laws or regulations adopted by an Indian tribe that requires the payment of not less than prevailing wages, as determined by the Indian tribe. (B) Wages The prevailing wages described in subparagraph (A) shall apply to the administration of all Federal funding for projects funded in part by funds authorized under this Act. . 102. Environmental review Section 105 (25 U.S.C. 4115) is amended by adding at the end the following: (e) Environmental review Notwithstanding any other provision of law or use of any other source of funding for the project, compliance with the environmental review requirements of this section shall satisfy any other applicable environmental review requirement under any other Federal law (including regulations) required to be carried out by any agency involved in the project. . 103. Authorization of appropriations Section 108 ( 25 U.S.C. 4117 2009 through 2013 2013 through 2018 II Affordable housing activities 201. Low-income requirement and income targeting Section 205 ( 25 U.S.C. 4135 (c) Applicability (1) In general The provisions of subsection (a)(2) regarding binding commitments for the remaining useful life of property shall not apply to— (A) a family or household member who subsequently takes ownership of a homeownership unit; or (B) any improvement to a privately owned homeownership unit if the aggregate value of the improvement for the 5-year period following completion of the improvement is less than $10,000. (d) Purchase In the case of rental housing that is made available to a current rental tenant for conversion to a homebuyer or lease-purchase unit, the current rental tenant may purchase through a contract to purchase, lease-purchase agreement, or any other sales agreement, subject to the condition that the current rental tenant was a low-income family at the time of initial occupancy. . 202. Lease requirements and tenant selection Section 207 ( 25 U.S.C. 4137 (c) Notice of termination The notice period described in subsection (a)(3) shall apply to projects and programs funded in part by amounts authorized under this Act. . 203. Self-determined housing activities for tribal communities Subtitle B of title II (25 U.S.C. 4145 et seq.) is repealed. 204. Total development cost maximum project cost Affordable housing (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 25 U.S.C. 4111 III Compliance, audits, and reports 301. Reports to Congress Section 407 (25 U.S.C. 4167) is amended— (1) in subsection (a), by striking Congress Committee on Indian Affairs and the Committee on Banking, Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives (2) by adding at the end the following: (c) Public availability The report described in subsection (a) shall be made publicly available, including to recipients. . IV Other housing assistance for Native Americans 401. Demonstration of rental assistance for homeless or at-risk Indian veterans Section 8(o)(19) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(19) (D) Indian veterans housing rental assistance demonstration program (i) Definitions In this subparagraph: (I) Indian The term Indian Indian Self-Determination and Education Assistance Act 25 U.S.C. 450b (II) Indian area The term Indian area 25 U.S.C. 4103 (III) Tribal organization The term tribal organization 25 U.S.C. 450b (ii) Authorization of program The Secretary may use not more than 5 percent of the amounts made available for rental assistance under this subsection to carry out a rental assistance and supportive housing program, in conjunction with the Secretary of Veterans Affairs, for the benefit of Indian veterans who are homeless or at-risk of homelessness and who are residing on or near an Indian area. (iii) Model The program described in clause (ii) shall be modeled on the rental assistance and supportive housing program authorized under this section and applicable appropriations Acts, including administration in conjunction with the Secretary of Veterans Affairs, except that the Secretary may make necessary and appropriate modifications to facilitate the use of the program by Indian grant recipients to serve eligible Indian veterans. (iv) Eligible recipients Rental assistance, which shall include associated administrative costs, under clause (ii) shall be made available to recipients eligible to receive grants under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111). (v) Funding criteria Rental assistance under clause (ii) shall be awarded based on— (I) need; (II) administrative capacity; and (III) any other funding criteria established by the Secretary in a notice published in the Federal Register after consulting with the Secretary of Veterans Affairs. (vi) Administration Rental assistance made available under clause (ii) shall be administered in accordance with the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. (I) submit to the Secretary, in a manner prescribed by the Secretary, reports on the utilization of rental assistance provided under the demonstration program; and (II) provide to the Secretary information specified by the Secretary to assess the effectiveness of the demonstration program in serving eligible veterans. (vii) Consultation The Secretary, in coordination with the Secretary of Veterans Affairs, shall consult with recipients of grants under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4111 (viii) Waiver (I) In general Except as provided in subclause (II), the Secretary may waive or specify alternative requirements for any provision of law (including regulations) that the Secretary administers in connection with the use of rental assistance made available under this subparagraph if the Secretary finds that the waiver or alternative requirement is necessary for the effective delivery and administration of rental assistance made available under this subparagraph to Indian veterans. (II) Exception The Secretary shall not waive or specify alternative requirements under subclause (I) for any provision of law (including regulations) relating to labor standards or the environment. . 402. 50-year leasehold interest in trust or restricted lands for housing purposes Section 702(c)(1) (25 U.S.C. 4211(c)(1)) is amended by inserting (in effect before, on, or after the date of enactment of this section) law 403. Training and technical assistance Section 703 ( 25 U.S.C. 4212 of fiscal years 2009 through 2013 fiscal year for which funds are appropriated under section 108. V Miscellaneous 501. Community-based organizations and tribally designated housing entities Title VII ( Public Law 104–330 706. Community-based development organization A tribally designated housing entity shall qualify as a community-based development organization for purposes of the Indian Community Development Block Grant program authorized under section 106(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(a)). . 502. Elimination of limitation on use for Cherokee Nation Section 801 of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 (Public Law 110–411; 122 Stat. 4334) is repealed. 503. Reauthorization of Native Hawaiian Homeownership Act Section 824 ( 25 U.S.C. 4243 2001, 2002, 2003, 2004, and 2005, 2014, 2015, 2016, 2017, and 2018 504. Matching or cost-participation requirement All funds provided under a grant made pursuant to this Act or the amendments made by this Act may be used for purposes of meeting matching or cost participation requirements under any other Federal or non-Federal program.

Native American Housing Assistance and Self-Determination Reauthorization Act of 2013

(This measure has not been amended since it was passed by the Senate on December 11, 2014. The summary of that version is repeated here.) Cybersecurity Enhancement Act of 2014 - Title I: Public-Private Collaboration on Cybersecurity - (Sec. 101) Amends the National Institute of Standards and Technology Act to permit the Secretary of Commerce, acting through the Director of the National Institute of Standards and Technology (NIST), to facilitate and support the development of a voluntary, consensus-based, industry-led set of standards and procedures to cost-effectively reduce cyber risks to critical infrastructure. Requires the Director, in carrying out such activities, to: (1) coordinate regularly with, and incorporate the industry expertise of, relevant private sector personnel and entities, critical infrastructure owners and operators, sector coordinating councils, Information Sharing and Analysis Centers, and other relevant industry organizations; (2) consult with the heads of agencies with national security responsibilities, sector-specific agencies, state and local governments, governments of other nations, and international organizations; (3) identify a prioritized, flexible, repeatable, performance-based, and cost-effective approach, including information security measures and controls, that may be voluntarily adopted by owners and operators of critical infrastructure to help identify, assess, and manage cyber risks; and (4) include methodologies to mitigate impacts on business confidentiality, protect individual privacy and civil liberties, incorporate voluntary consensus standards and industry best practices, align with international standards, and prevent duplication of regulatory processes. Prohibits the Director from prescribing a specific solution or requiring that products or services be designed or manufactured in a particular manner. Prohibits information provided to NIST for purposes of developing cyber risk standards from being used by federal, state, tribal, or local agencies to regulate the activity of any entity. Directs the Comptroller General (GAO) to submit biennial reports over a specified period concerning NIST's progress in facilitating the development of such standards and procedures. Requires such reports to address the extent to which such standards: (1) are voluntary and led by industry representatives, (2) have been promoted by federal agencies and adopted by sectors of critical infrastructure, and (3) have protected against cyber threats. Instructs the Comptroller General to include in such reports an assessment of the reasons behind decisions of sectors to adopt or not adopt such standards. Title II: Cybersecurity Research and Development - (Sec. 201) Directs the following agencies, working through the National Science and Technology Council and the Networking and Information Technology Research and Development Program, to develop, and update every four years, a federal cybersecurity research and development strategic plan: Department of Agriculture (USDA), Department of Commerce, Department of Defense (DOD), Department of Education, Department of Energy (DOE), Department of Health and Human Services (HHS), Department of the Interior, Environmental Protection Agency (EPA), National Aeronautics and Space Administration (NASA), National Science Foundation (NSF), and other agencies as the President or the Director of the Office of Science and Technology Policy (OSTP) considers appropriate under the High-Performance Computing Act of 1991. Requires the plan to be based on an assessment of cybersecurity risk to guide the overall direction of federal cybersecurity and information assurance research and development for information technology and networking systems. Directs the agencies to build upon existing programs to meet cybersecurity objectives, such as how to: (1) guarantee individual privacy, verify third-party software and hardware, and address insider threats; (2) determine the origin of messages transmitted over the Internet; and (3) protect information stored using cloud computing or transmitted through wireless services. Requires the plan to describe how agencies will focus on technologies to protect consumer privacy and enhance the security, reliability, resilience, and trustworthiness of the digital infrastructure. Requires the agencies to submit the plan and each update to Congress. Directs the NSF to support cybersecurity research and to review cybersecurity test beds. Permits the NSF, if it determines that additional test beds are necessary, to award grants to institutions of higher education or research and development nonprofit institutions to establish such additional test beds. Requires the OSTP to coordinate with other ongoing research initiatives. Amends the Cyber Security Research and Development Act to permit NSF research and development grants for: (1) secure fundamental protocols that are integral to inter-network communications and data exchange; (2) secure software engineering and software assurance; (3) holistic system security to address trusted and untrusted components, reduce vulnerabilities proactively, address insider threats, and support privacy; (4) monitoring, detection, mitigation, and rapid recovery methods; and (5) secure wireless networks, mobile devices, and cloud infrastructure. Directs specified agencies under the High-Performance Computing Act of 1991 to support research leading to a scientific foundation for the field of cybersecurity. (Sec. 202) Expands the criteria to be considered by the NSF when evaluating grant applications of institutions seeking to establish Centers for Computer and Network Security Research to include: (1) the applicant's affiliations with private sector entities and existing federal research programs; (2) experience managing public-private partnerships; (3) capabilities to conduct interdisciplinary cybersecurity research in a secure environment; and (4) research in areas such as systems security, wireless security, networking and protocols, formal methods and high-performance computing, nanotechnology, or industrial control systems. (Sec. 203) Revises provisions under the Cyber Security Research and Development Act concerning NIST's development and dissemination of security risk checklists associated with computer systems that are, or are likely to become, widely used within the federal government. Requires NIST to establish priorities for the development, and revision as necessary, of security automation standards, associated reference materials (including protocols), and checklists associated with such systems in order to enable standardized and interoperable technologies, architectures, and frameworks to continuously monitor information security within the federal government. Instructs NIST to ensure that federal agencies are informed of the availability of such standards, reference materials, or checklists. (Sec. 204) Requires NIST to conduct intramural security research activities under its computing standards program. Title III: Education and Workforce Development - (Sec. 301) Directs the Department of Commerce, NSF, and the Department of Homeland Security (DHS) to support competitions and challenges to recruit individuals to perform information technology security duties or to stimulate cybersecurity innovations. Authorizes the Office of Personnel Management (OPM) to support internships or other work experience in the federal government for the winners of such competitions and challenges. (Sec. 302) Directs NSF to continue the Federal Cyber Scholarship-for-Service program under which recipients agree to work in the cybersecurity mission of a federal, state, local, or tribal agency for a period equal to the length of their scholarship. Limits each scholarship to a maximum of three years. Requires NSF to evaluate and report periodically to Congress on: (1) the success of recruiting individuals for such scholarships, and (2) hiring and retaining those individuals in the public sector workforce. Title IV: Cybersecurity Awareness and Preparedness - (Sec. 401) Directs NIST to continue coordinating a national cybersecurity awareness and education program to: (1) disseminate technical standards and make best practices usable by individuals, small to medium-sized businesses, educational institutions, and state, local, and tribal governments; (2) increase public awareness and understanding of cybersecurity; (3) support education programs; and (4) evaluate workforce needs. Requires NIST to develop a strategic plan to guide federal activities in support of such program. Directs NIST to transmit such plan to Congress every five years. Title V: Advancement of Cybersecurity Technical Standards - (Sec. 502) Requires NIST to ensure the coordination of federal agencies engaged in the development of international technical standards related to information system security. Requires the development and transmittal to Congress of a plan to ensure coordination by such federal agencies. Instructs NIST to ensure consultation with appropriate private sector stakeholders. (Sec. 503) Requires NIST, in coordination with OMB and in collaboration with the Federal Chief Information Officers Council, to continue to develop and encourage implementation of a comprehensive strategy for the use and adoption of cloud computing services by the federal government. Requires consideration to be given to activities that: (1) accelerate the development, in collaboration with the private sector, of standards that address the interoperability and portability of cloud computing services; (2) advance the development of conformance testing performed by the private sector in support of cloud computing standardization; and (3) support, in consultation with the private sector, the development of appropriate security frameworks and reference materials, and the identification of best practices, for federal agencies to use in addressing security and privacy requirements. (Sec. 504) Requires NIST to continue a program to support the development of voluntary and cost-effective technical standards, metrology, testbeds, and conformance criteria with regard to identity management research and development.

To provide for an ongoing, voluntary public-private partnership to improve cybersecurity, and to strengthen cybersecurity research and development, workforce development and education, and public awareness and preparedness, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Cybersecurity 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. No regulatory authority. TITLE I—Public-private collaboration on cybersecurity Sec. 101. Public-private collaboration on cybersecurity. TITLE II—Cybersecurity research and development Sec. 201. Federal cybersecurity research and development. Sec. 202. Computer and network security research centers. TITLE III—Education and Workforce Development Sec. 301. Cybersecurity competitions and challenges. Sec. 302. Federal cyber scholarship-for-service program. Sec. 303. Study and analysis of education, accreditation, training, and certification of information infrastructure and cybersecurity professionals. TITLE IV—Cybersecurity Awareness and Preparedness Sec. 401. National cybersecurity awareness and preparedness campaign. 2. Definitions In this Act: (1) Cybersecurity mission The term cybersecurity mission (2) Information infrastructure The term information infrastructure (3) Information system The term information system section 3502 3. No regulatory authority Nothing in this Act shall be construed to confer any regulatory authority on any Federal, State, tribal, or local department or agency. I Public-private collaboration on cybersecurity 101. Public-private collaboration on cybersecurity (a) Cybersecurity Section 2(c) of the National Institute of Standards and Technology Act (15 U.S.C. 272(c)) is amended— (1) by redesignating paragraphs (15) through (22) as paragraphs (16) through (23), respectively; and (2) by inserting after paragraph (14) the following: (15) on an ongoing basis, facilitate and support the development of a voluntary, industry-led set of standards, guidelines, best practices, methodologies, procedures, and processes to reduce cyber risks to critical infrastructure (as defined under subsection (e)); . (b) Scope and limitations Section 2 of the National Institute of Standards and Technology Act ( 15 U.S.C. 272 (e) Cyber risks (1) In general In carrying out the activities under subsection (c)(15), the Director— (A) shall— (i) coordinate closely and continuously with relevant private sector personnel and entities, critical infrastructure owners and operators, sector coordinating councils, Information Sharing and Analysis Centers, and other relevant industry organizations, and incorporate industry expertise; (ii) consult with the heads of agencies with national security responsibilities, sector-specific agencies, State and local governments, the governments of other nations, and international organizations; (iii) identify a prioritized, flexible, repeatable, performance-based, and cost-effective approach, including information security measures and controls, that may be voluntarily adopted by owners and operators of critical infrastructure to help them identify, assess, and manage cyber risks; (iv) include methodologies— (I) to identify and mitigate impacts of the cybersecurity measures or controls on business confidentiality; and (II) to protect individual privacy and civil liberties; (v) incorporate voluntary consensus standards and industry best practices; (vi) align with voluntary international standards to the fullest extent possible; (vii) prevent duplication of regulatory processes and prevent conflict with or superseding of regulatory requirements, mandatory standards, and related processes; and (viii) include such other similar and consistent elements as the Director considers necessary; and (B) shall not prescribe or otherwise require— (i) the use of specific solutions; (ii) the use of specific information or communications technology products or services; or (iii) that information or communications technology products or services be designed, developed, or manufactured in a particular manner. (2) Limitation Information shared with or provided to the Institute for the purpose of the activities described under subsection (c)(15) shall not be used by any Federal, State, tribal, or local department or agency to regulate the activity of any entity. (3) Definitions In this subsection: (A) Critical infrastructure The term critical infrastructure 42 U.S.C. 5195c(e) (B) Sector-specific agency The term sector-specific agency . II Cybersecurity research and development 201. Federal cybersecurity research and development (a) Fundamental cybersecurity research (1) In general The Director of the Office of Science and Technology Policy, in coordination with the head of any relevant Federal agency, shall build upon programs and plans in effect as of the date of enactment of this Act to develop a Federal cybersecurity research and development plan to meet objectives in cybersecurity, such as— (A) how to design and build complex software-intensive systems that are secure and reliable when first deployed; (B) how to test and verify that software and hardware, whether developed locally or obtained from a third party, is free of significant known security flaws; (C) how to test and verify that software and hardware obtained from a third party correctly implements stated functionality, and only that functionality; (D) how to guarantee the privacy of an individual, including that individual's identity, information, and lawful transactions when stored in distributed systems or transmitted over networks; (E) how to build new protocols to enable the Internet to have robust security as one of the key capabilities of the Internet; (F) how to determine the origin of a message transmitted over the Internet; (G) how to support privacy in conjunction with improved security; (H) how to address the growing problem of insider threats; (I) how improved consumer education and digital literacy initiatives can address human factors that contribute to cybersecurity; (J) how to protect information processed, transmitted, or stored using cloud computing or transmitted through wireless services; and (K) any additional objectives the Director of the Office of Science and Technology Policy, in coordination with the head of any relevant Federal agency and with input from stakeholders, including industry and academia, determines appropriate. (2) Requirements (A) In general The Federal cybersecurity research and development plan shall identify and prioritize near-term, mid-term, and long-term research in computer and information science and engineering to meet the objectives under paragraph (1), including research in the areas described in section 4(a)(1) of the Cyber Security Research and Development Act ( 15 U.S.C. 7403(a)(1) (B) Private sector efforts In developing, implementing, and updating the Federal cybersecurity research and development plan, the Director of the Office of Science and Technology Policy shall work in close cooperation with industry, academia, and other interested stakeholders to ensure, to the extent possible, that Federal cybersecurity research and development is not duplicative of private sector efforts. (3) Triennial updates (A) In general The Federal cybersecurity research and development plan shall be updated triennially. (B) Report to Congress The Director of the Office of Science and Technology Policy shall submit the plan, not later than 1 year after the date of enactment of this Act, and each updated plan under this section to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives. (b) Cybersecurity practices research The Director of the National Science Foundation shall support research that— (1) develops, evaluates, disseminates, and integrates new cybersecurity practices and concepts into the core curriculum of computer science programs and of other programs where graduates of such programs have a substantial probability of developing software after graduation, including new practices and concepts relating to secure coding education and improvement programs; and (2) develops new models for professional development of faculty in cybersecurity education, including secure coding development. (c) Cybersecurity modeling and test beds (1) Review Not later than 1 year after the date of enactment of this Act, the Director the National Science Foundation, in coordination with the Director of the Office of Science and Technology Policy, shall conduct a review of cybersecurity test beds in existence on the date of enactment of this Act to inform the grants under paragraph (2). The review shall include an assessment of whether a sufficient number of cybersecurity test beds are available to meet the research needs under the Federal cybersecurity research and development plan. (2) Additional cybersecurity modeling and test beds (A) In general If the Director of the National Science Foundation, after the review under paragraph (1), determines that the research needs under the Federal cybersecurity research and development plan require the establishment of additional cybersecurity test beds, the Director of the National Science Foundation, in coordination with the Secretary of Commerce and the Secretary of Homeland Security, may award grants to institutions of higher education or research and development non-profit institutions to establish cybersecurity test beds. (B) Requirement The cybersecurity test beds under subparagraph (A) shall be sufficiently large in order to model the scale and complexity of real-time cyber attacks and defenses on real world networks and environments. (C) Assessment required The Director of the National Science Foundation, in coordination with the Secretary of Commerce and the Secretary of Homeland Security, shall evaluate the effectiveness of any grants awarded under this subsection in meeting the objectives of the Federal cybersecurity research and development plan under subsection (a) no later than 2 years after the review under paragraph (1) of this subsection, and periodically thereafter. (d) Coordination With Other Research Initiatives In accordance with the responsibilities under section 101 of the High-Performance Computing Act of 1991 ( 15 U.S.C. 5511 (1) the National Science Foundation; (2) the National Institute of Standards and Technology; (3) the Department of Homeland Security; (4) other Federal agencies; (5) other Federal and private research laboratories, research entities, and universities; (6) institutions of higher education; (7) relevant nonprofit organizations; and (8) international partners of the United States. (e) National Science Foundation Computer and Network Security Research Grant Areas Section 4(a)(1) of the Cyber Security Research and Development Act ( 15 U.S.C. 7403(a)(1) (1) in subparagraph (H), by striking and (2) in subparagraph (I), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (J) secure fundamental protocols that are integral to inter-network communications and data exchange; (K) secure software engineering and software assurance, including— (i) programming languages and systems that include fundamental security features; (ii) portable or reusable code that remains secure when deployed in various environments; (iii) verification and validation technologies to ensure that requirements and specifications have been implemented; and (iv) models for comparison and metrics to assure that required standards have been met; (L) holistic system security that— (i) addresses the building of secure systems from trusted and untrusted components; (ii) proactively reduces vulnerabilities; (iii) addresses insider threats; and (iv) supports privacy in conjunction with improved security; (M) monitoring and detection; (N) mitigation and rapid recovery methods; (O) security of wireless networks and mobile devices; and (P) security of cloud infrastructure and services. . (f) Research on the science of cybersecurity The head of each agency and department identified under section 101(a)(3)(B) of the High-Performance Computing Act of 1991 ( 15 U.S.C. 5511(a)(3)(B) 202. Computer and network security research centers Section 4(b) of the Cyber Security Research and Development Act ( 15 U.S.C. 7403(b) (1) by striking the center the Center (2) in paragraph (5)— (A) by striking and (B) by striking the period at the end of subparagraph (D) and inserting a semicolon; and (C) by adding at the end the following: (E) the demonstrated capability of the applicant to conduct high performance computation integral to complex computer and network security research, through on-site or off-site computing; (F) the applicant's affiliation with private sector entities involved with industrial research described in subsection (a)(1); (G) the capability of the applicant to conduct research in a secure environment; (H) the applicant's affiliation with existing research programs of the Federal Government; (I) the applicant's experience managing public-private partnerships to transition new technologies into a commercial setting or the government user community; and (J) the capability of the applicant to conduct interdisciplinary cybersecurity research, such as in law, economics, or behavioral sciences. . III Education and Workforce Development 301. Cybersecurity competitions and challenges (a) In general The Secretary of Commerce, Director of the National Science Foundation, and Secretary of Homeland Security shall— (1) support competitions and challenges under section 105 of the America COMPETES Reauthorization Act of 2010 (124 Stat. 3989) or any other provision of law, as appropriate— (A) to identify, develop, and recruit talented individuals to perform duties relating to the security of information infrastructure in Federal, State, and local government agencies, and the private sector; or (B) to stimulate innovation in basic and applied cybersecurity research, technology development, and prototype demonstration that has the potential for application to the information technology activities of the Federal Government; and (2) ensure the effective operation of the competitions and challenges under this section. (b) Participation Participants in the competitions and challenges under subsection (a)(1) may include— (1) students enrolled in grades 9 through 12; (2) students enrolled in a postsecondary program of study leading to a baccalaureate degree at an institution of higher education; (3) students enrolled in a postbaccalaureate program of study at an institution of higher education; (4) institutions of higher education and research institutions; (5) veterans; and (6) other groups or individuals that the Secretary of Commerce, Director of the National Science Foundation, and Secretary of Homeland Security determine appropriate. (c) Affiliation and cooperative agreements Competitions and challenges under this section may be carried out through affiliation and cooperative agreements with— (1) Federal agencies; (2) regional, State, or school programs supporting the development of cyber professionals; (3) State, local, and tribal governments; or (4) other private sector organizations. (d) Areas of skill Competitions and challenges under subsection (a)(1)(A) shall be designed to identify, develop, and recruit exceptional talent relating to— (1) ethical hacking; (2) penetration testing; (3) vulnerability assessment; (4) continuity of system operations; (5) security in design; (6) cyber forensics; (7) offensive and defensive cyber operations; and (8) other areas the Secretary of Commerce, Director of the National Science Foundation, and Secretary of Homeland Security consider necessary to fulfill the cybersecurity mission. (e) Topics In selecting topics for competitions and challenges under subsection (a)(1), the Secretary of Commerce, Director of the National Science Foundation, and Secretary of Homeland Security— (1) shall consult widely both within and outside the Federal Government; and (2) may empanel advisory committees. (f) Internships The Director of the Office of Personnel Management may support, as appropriate, internships or other work experience in the Federal Government to the winners of the competitions and challenges under this section. 302. Federal cyber scholarship-for-service program (a) In general The Director of the National Science Foundation, in coordination with the Director of the Office of Personnel Management and Secretary of Homeland Security, shall continue a Federal Cyber Scholarship-for-Service program to recruit and train the next generation of information technology professionals, industrial control system security professionals, and security managers to meet the needs of the cybersecurity mission for Federal, State, local, and tribal governments. (b) Program description and components The Federal Cyber Scholarship-for-Service program shall— (1) provide scholarships to students who are enrolled in programs of study at institutions of higher education leading to degrees or specialized program certifications in the cybersecurity field; (2) provide the scholarship recipients with summer internship opportunities or other meaningful temporary appointments in the Federal information technology workforce; and (3) provide a procedure by which the National Science Foundation or a Federal agency, consistent with regulations of the Office of Personnel Management, may request and fund security clearances for scholarship recipients, including providing for clearances during internships or other temporary appointments and after receipt of their degrees. (c) Scholarship amounts Each scholarship under subsection (b) shall be in an amount that covers the student's tuition and fees at the institution under subsection (b)(1) and provides the student with an additional stipend. (d) Scholarship Conditions Each scholarship recipient, as a condition of receiving a scholarship under the program, shall enter into an agreement under which the recipient agrees to work in the cybersecurity mission of a Federal, State, local, or tribal agency for a period equal to the length of the scholarship following receipt of the student's degree. (e) Hiring authority (1) Appointment in excepted service Notwithstanding any provision of chapter 33 of title 5, United States Code, governing appointments in the competitive service, an agency shall appoint in the excepted service an individual who has completed the academic program for which a scholarship was awarded. (2) Noncompetitive conversion Except as provided in paragraph (4), upon fulfillment of the service term, an employee appointed under paragraph (1) may be converted noncompetitively to term, career-conditional or career appointment. (3) Timing of conversion An agency may noncompetitively convert a term employee appointed under paragraph (2) to a career-conditional or career appointment before the term appointment expires. (4) Authority to decline conversion An agency may decline to make the noncompetitive conversion or appointment under paragraph (2) for cause. (f) Eligibility To be eligible to receive a scholarship under this section, an individual shall— (1) be a citizen or lawful permanent resident of the United States; (2) demonstrate a commitment to a career in improving the security of information infrastructure; and (3) have demonstrated a high level of proficiency in mathematics, engineering, or computer sciences. (g) Repayment If a scholarship recipient does not meet the terms of the program under this section, the recipient shall refund the scholarship payments in accordance with rules established by the Director of the National Science Foundation, in coordination with the Director of the Office of Personnel Management and Secretary of Homeland Security. (h) Evaluation and report The Director of the National Science Foundation shall evaluate and report periodically to Congress on the success of recruiting individuals for scholarships under this section and on hiring and retaining those individuals in the public sector workforce. 303. Study and analysis of education, accreditation, training, and certification of information infrastructure and cybersecurity professionals (a) Study The Director of the National Science Foundation and the Secretary of Homeland Security shall undertake to enter into appropriate arrangements with the National Academy of Sciences to conduct a comprehensive study of government, academic, and private-sector education, accreditation, training, and certification programs for the development of professionals in information infrastructure and cybersecurity. The agreement shall require the National Academy of Sciences to consult with sector coordinating councils and relevant governmental agencies, regulatory entities, and nongovernmental organizations in the course of the study. (b) Scope The study shall include— (1) an evaluation of the body of knowledge and various skills that specific categories of professionals in information infrastructure and cybersecurity should possess in order to secure information systems; (2) an assessment of whether existing government, academic, and private-sector education, accreditation, training, and certification programs provide the body of knowledge and various skills described in paragraph (1); (3) an evaluation of— (A) the state of cybersecurity education at institutions of higher education in the United States; (B) the extent of professional development opportunities for faculty in cybersecurity principles and practices; (C) the extent of the partnerships and collaborative cybersecurity curriculum development activities that leverage industry and government needs, resources, and tools; (D) the proposed metrics to assess progress toward improving cybersecurity education; and (E) the descriptions of the content of cybersecurity courses in undergraduate computer science curriculum; (4) an analysis of any barriers to the Federal Government recruiting and hiring cybersecurity talent, including barriers relating to compensation, the hiring process, job classification, and hiring flexibility; and (5) an analysis of the sources and availability of cybersecurity talent, a comparison of the skills and expertise sought by the Federal Government and the private sector, an examination of the current and future capacity of United States institutions of higher education, including community colleges, to provide current and future cybersecurity professionals, through education and training activities, with those skills sought by the Federal Government, State and local entities, and the private sector. (c) Report Not later than 1 year after the date of enactment of this Act, the National Academy of Sciences shall submit to the President and Congress a report on the results of the study. The report shall include— (1) findings regarding the state of information infrastructure and cybersecurity education, accreditation, training, and certification programs, including specific areas of deficiency and demonstrable progress; and (2) recommendations for further research and the improvement of information infrastructure and cybersecurity education, accreditation, training, and certification programs. IV Cybersecurity Awareness and Preparedness 401. National cybersecurity awareness and preparedness campaign (a) National cybersecurity awareness and preparedness campaign The Director of the National Institute of Standards and Technology (referred to in this section as the Director (1) a campaign to increase public awareness of cybersecurity, cyber safety, and cyber ethics, including the use of the Internet, social media, entertainment, and other media to reach the public; (2) a campaign to increase the understanding of State and local governments and private sector entities of— (A) the benefits of ensuring effective risk management of the information infrastructure versus the costs of failure to do so; and (B) the methods to mitigate and remediate vulnerabilities; (3) support for formal cybersecurity education programs at all education levels to prepare skilled cybersecurity and computer science workers for the private sector and Federal, State, and local government; and (4) initiatives to evaluate and forecast future cybersecurity workforce needs of the Federal government and develop strategies for recruitment, training, and retention. (b) Considerations In carrying out the authority described in subsection (a), the Director, in consultation with appropriate Federal agencies, shall leverage existing programs designed to inform the public of safety and security of products or services, including self-certifications and independently verified assessments regarding the quantification and valuation of information security risk. (c) Strategic plan The Director, in cooperation with relevant Federal agencies and other stakeholders, shall build upon programs and plans in effect as of the date of enactment of this Act to develop and implement a strategic plan to guide Federal programs and activities in support of the national cybersecurity awareness and preparedness campaign under subsection (a). (d) Report Not later than 1 year after the date of enactment of this Act, and every 5 years thereafter, the Director shall transmit the strategic plan under subsection (c) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives. 1. Short title; table of contents (a) Short title This Act may be cited as the Cybersecurity 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. No regulatory authority. TITLE I—Public-private collaboration on cybersecurity Sec. 101. Public-private collaboration on cybersecurity. TITLE II—Cybersecurity research and development Sec. 201. Federal cybersecurity research and development. Sec. 202. Computer and network security research centers. TITLE III—Education and Workforce Development Sec. 301. Cybersecurity competitions and challenges. Sec. 302. Federal cyber scholarship-for-service program. Sec. 303. Study and analysis of education, accreditation, training, and certification of information infrastructure and cybersecurity professionals. TITLE IV—Cybersecurity Awareness and Preparedness Sec. 401. National cybersecurity awareness and preparedness campaign. 2. Definitions In this Act: (1) Cybersecurity mission The term cybersecurity mission (2) Information infrastructure The term information infrastructure (3) Information system The term information system section 3502 3. No regulatory authority Nothing in this Act shall be construed to confer any regulatory authority on any Federal, State, tribal, or local department or agency. I Public-private collaboration on cybersecurity 101. Public-private collaboration on cybersecurity (a) Cybersecurity Section 2(c) of the National Institute of Standards and Technology Act (15 U.S.C. 272(c)) is amended— (1) by redesignating paragraphs (15) through (22) as paragraphs (16) through (23), respectively; and (2) by inserting after paragraph (14) the following: (15) on an ongoing basis, facilitate and support the development of a voluntary, industry-led set of standards, guidelines, best practices, methodologies, procedures, and processes to reduce cyber risks to critical infrastructure (as defined under subsection (e)); . (b) Scope and limitations Section 2 of the National Institute of Standards and Technology Act ( 15 U.S.C. 272 (e) Cyber risks (1) In general In carrying out the activities under subsection (c)(15), the Director— (A) shall— (i) coordinate closely and continuously with relevant private sector personnel and entities, critical infrastructure owners and operators, sector coordinating councils, Information Sharing and Analysis Centers, and other relevant industry organizations, and incorporate industry expertise; (ii) consult with the heads of agencies with national security responsibilities, sector-specific agencies, State and local governments, the governments of other nations, and international organizations; (iii) identify a prioritized, flexible, repeatable, performance-based, and cost-effective approach, including information security measures and controls, that may be voluntarily adopted by owners and operators of critical infrastructure to help them identify, assess, and manage cyber risks; (iv) include methodologies— (I) to identify and mitigate impacts of the cybersecurity measures or controls on business confidentiality; and (II) to protect individual privacy and civil liberties; (v) incorporate voluntary consensus standards and industry best practices; (vi) align with voluntary international standards to the fullest extent possible; (vii) prevent duplication of regulatory processes and prevent conflict with or superseding of regulatory requirements, mandatory standards, and related processes; and (viii) include such other similar and consistent elements as the Director considers necessary; and (B) shall not prescribe or otherwise require— (i) the use of specific solutions; (ii) the use of specific information or communications technology products or services; or (iii) that information or communications technology products or services be designed, developed, or manufactured in a particular manner. (2) Limitation Information shared with or provided to the Institute for the purpose of the activities described under subsection (c)(15) shall not be used by any Federal, State, tribal, or local department or agency to regulate the activity of any entity. (3) Definitions In this subsection: (A) Critical infrastructure The term critical infrastructure 42 U.S.C. 5195c(e) (B) Sector-specific agency The term sector-specific agency . (c) Study and report (1) Study The Comptroller General of the United States shall conduct a study that assesses— (A) the progress made by the Director of the National Institute of Standards and Technology in facilitating the development of standards and procedures to reduce cyber risks to critical infrastructure in accordance with section 2(c)(15) of the National Institute of Standards and Technology Act, as added by this section; (B) the extent to which the Director's facilitation efforts are consistent with the directive in such section that the development of such standards and procedures be voluntary and led by industry representatives; (C) the extent to which sectors of critical infrastructure (as defined in section 1016(e) of the USA PATRIOT Act of 2001 ( 42 U.S.C. 5195c(e) (D) the reasons behind the decisions of sectors of critical infrastructure (as defined in subparagraph (C)) to adopt or to not adopt the voluntary standards described in subparagraph (C); and (E) the extent to which such voluntary standards have proved successful in protecting critical infrastructure from cyber threats. (2) Reports Not later than 1 year after the date of the enactment of this Act, and every 2 years thereafter for the following 6 years, the Comptroller General shall submit a report, which summarizes the findings of the study conducted under paragraph (1), to— (A) the Committee on Commerce, Science, and Transportation of the Senate (B) the Committee on Energy and Commerce of the House of Representatives (C) the Committee on Science, Space, and Technology of the House of Representatives II Cybersecurity research and development 201. Federal cybersecurity research and development (a) Fundamental cybersecurity research (1) In general The Director of the Office of Science and Technology Policy, in coordination with the head of any relevant Federal agency, shall build upon programs and plans in effect as of the date of enactment of this Act to develop a Federal cybersecurity research and development plan to meet objectives in cybersecurity, such as— (A) how to design and build complex software-intensive systems that are secure and reliable when first deployed; (B) how to test and verify that software and hardware, whether developed locally or obtained from a third party, is free of significant known security flaws; (C) how to test and verify that software and hardware obtained from a third party correctly implements stated functionality, and only that functionality; (D) how to guarantee the privacy of an individual, including that individual's identity, information, and lawful transactions when stored in distributed systems or transmitted over networks; (E) how to build new protocols to enable the Internet to have robust security as one of the key capabilities of the Internet; (F) how to determine the origin of a message transmitted over the Internet; (G) how to support privacy in conjunction with improved security; (H) how to address the growing problem of insider threats; (I) how improved consumer education and digital literacy initiatives can address human factors that contribute to cybersecurity; (J) how to protect information processed, transmitted, or stored using cloud computing or transmitted through wireless services; and (K) any additional objectives the Director of the Office of Science and Technology Policy, in coordination with the head of any relevant Federal agency and with input from stakeholders, including appropriate national laboratories, industry, and academia, determines appropriate. (2) Requirements (A) In general The Federal cybersecurity research and development plan shall identify and prioritize near-term, mid-term, and long-term research in computer and information science and engineering to meet the objectives under paragraph (1), including research in the areas described in section 4(a)(1) of the Cyber Security Research and Development Act ( 15 U.S.C. 7403(a)(1) (B) Private sector efforts In developing, implementing, and updating the Federal cybersecurity research and development plan, the Director of the Office of Science and Technology Policy shall work in close cooperation with industry, academia, and other interested stakeholders to ensure, to the extent possible, that Federal cybersecurity research and development is not duplicative of private sector efforts. (3) Triennial updates (A) In general The Federal cybersecurity research and development plan shall be updated triennially. (B) Report to Congress The Director of the Office of Science and Technology Policy shall submit the plan, not later than 1 year after the date of enactment of this Act, and each updated plan under this section to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives. (b) Cybersecurity practices research The Director of the National Science Foundation shall support research that— (1) develops, evaluates, disseminates, and integrates new cybersecurity practices and concepts into the core curriculum of computer science programs and of other programs where graduates of such programs have a substantial probability of developing software after graduation, including new practices and concepts relating to secure coding education and improvement programs; and (2) develops new models for professional development of faculty in cybersecurity education, including secure coding development. (c) Cybersecurity modeling and test beds (1) Review Not later than 1 year after the date of enactment of this Act, the Director the National Science Foundation, in coordination with the Director of the Office of Science and Technology Policy, shall conduct a review of cybersecurity test beds in existence on the date of enactment of this Act to inform the grants under paragraph (2). The review shall include an assessment of whether a sufficient number of cybersecurity test beds are available to meet the research needs under the Federal cybersecurity research and development plan. (2) Additional cybersecurity modeling and test beds (A) In general If the Director of the National Science Foundation, after the review under paragraph (1), determines that the research needs under the Federal cybersecurity research and development plan require the establishment of additional cybersecurity test beds, the Director of the National Science Foundation, in coordination with the Secretary of Commerce and the Secretary of Homeland Security, may award grants to institutions of higher education or research and development non-profit institutions to establish cybersecurity test beds. (B) Requirement The cybersecurity test beds under subparagraph (A) shall be sufficiently large in order to model the scale and complexity of real-time cyber attacks and defenses on real world networks and environments. (C) Assessment required The Director of the National Science Foundation, in coordination with the Secretary of Commerce and the Secretary of Homeland Security, shall evaluate the effectiveness of any grants awarded under this subsection in meeting the objectives of the Federal cybersecurity research and development plan under subsection (a) no later than 2 years after the review under paragraph (1) of this subsection, and periodically thereafter. (d) Coordination With Other Research Initiatives In accordance with the responsibilities under section 101 of the High-Performance Computing Act of 1991 (15 U.S.C. 5511), the Director the Office of Science and Technology Policy shall coordinate, to the extent practicable, Federal research and development activities under this section with other ongoing research and development security-related initiatives, including research being conducted by— (1) the National Science Foundation; (2) the National Institute of Standards and Technology; (3) the Department of Homeland Security; (4) other Federal agencies; (5) other Federal and private research laboratories, research entities, and universities; (6) institutions of higher education; (7) relevant nonprofit organizations; and (8) international partners of the United States. (e) National Science Foundation Computer and Network Security Research Grant Areas Section 4(a)(1) of the Cyber Security Research and Development Act ( 15 U.S.C. 7403(a)(1) (1) in subparagraph (H), by striking and (2) in subparagraph (I), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (J) secure fundamental protocols that are integral to inter-network communications and data exchange; (K) secure software engineering and software assurance, including— (i) programming languages and systems that include fundamental security features; (ii) portable or reusable code that remains secure when deployed in various environments; (iii) verification and validation technologies to ensure that requirements and specifications have been implemented; and (iv) models for comparison and metrics to assure that required standards have been met; (L) holistic system security that— (i) addresses the building of secure systems from trusted and untrusted components; (ii) proactively reduces vulnerabilities; (iii) addresses insider threats; and (iv) supports privacy in conjunction with improved security; (M) monitoring and detection; (N) mitigation and rapid recovery methods; (O) security of wireless networks and mobile devices; and (P) security of cloud infrastructure and services. . (f) Research on the science of cybersecurity The head of each agency and department identified under section 101(a)(3)(B) of the High-Performance Computing Act of 1991 ( 15 U.S.C. 5511(a)(3)(B) 202. Computer and network security research centers Section 4(b) of the Cyber Security Research and Development Act ( 15 U.S.C. 7403(b) (1) in paragraph (3), by striking the research areas improving the security and resiliency of information infrastructure, reducing cyber vulnerabilities, and anticipating and mitigating consequences of cyber attacks on critical infrastructure, by conducting research in the areas (2) by striking the center the Center (3) in paragraph (5)— (A) by striking and (B) by striking the period at the end of subparagraph (D) and inserting a semicolon; and (C) by adding at the end the following: (E) the demonstrated capability of the applicant to conduct high performance computation integral to complex computer and network security research, through on-site or off-site computing; (F) the applicant's affiliation with private sector entities involved with industrial research described in subsection (a)(1); (G) the capability of the applicant to conduct research in a secure environment; (H) the applicant's affiliation with existing research programs of the Federal Government; (I) the applicant's experience managing public-private partnerships to transition new technologies into a commercial setting or the government user community; (J) the capability of the applicant to conduct interdisciplinary cybersecurity research, basic and applied, such as in law, economics, or behavioral sciences; and (K) the capability of the applicant to conduct research in areas such as systems security, wireless security, networking and protocols, formal methods and high-performance computing, nanotechnology, or industrial control systems. . III Education and Workforce Development 301. Cybersecurity competitions and challenges (a) In general The Secretary of Commerce, Director of the National Science Foundation, and Secretary of Homeland Security, in consultation with the Director of the Office of Personnel Management, shall— (1) support competitions and challenges under section 105 of the America COMPETES Reauthorization Act of 2010 (124 Stat. 3989) or any other provision of law, as appropriate— (A) to identify, develop, and recruit talented individuals to perform duties relating to the security of information infrastructure in Federal, State, and local government agencies, and the private sector; or (B) to stimulate innovation in basic and applied cybersecurity research, technology development, and prototype demonstration that has the potential for application to the information technology activities of the Federal Government; and (2) ensure the effective operation of the competitions and challenges under this section. (b) Participation Participants in the competitions and challenges under subsection (a)(1) may include— (1) students enrolled in grades 9 through 12; (2) students enrolled in a postsecondary program of study leading to a baccalaureate degree at an institution of higher education; (3) students enrolled in a postbaccalaureate program of study at an institution of higher education; (4) institutions of higher education and research institutions; (5) veterans; and (6) other groups or individuals that the Secretary of Commerce, Director of the National Science Foundation, and Secretary of Homeland Security determine appropriate. (c) Affiliation and cooperative agreements Competitions and challenges under this section may be carried out through affiliation and cooperative agreements with— (1) Federal agencies; (2) regional, State, or school programs supporting the development of cyber professionals; (3) State, local, and tribal governments; or (4) other private sector organizations. (d) Areas of skill Competitions and challenges under subsection (a)(1)(A) shall be designed to identify, develop, and recruit exceptional talent relating to— (1) ethical hacking; (2) penetration testing; (3) vulnerability assessment; (4) continuity of system operations; (5) security in design; (6) cyber forensics; (7) offensive and defensive cyber operations; and (8) other areas the Secretary of Commerce, Director of the National Science Foundation, and Secretary of Homeland Security consider necessary to fulfill the cybersecurity mission. (e) Topics In selecting topics for competitions and challenges under subsection (a)(1), the Secretary of Commerce, Director of the National Science Foundation, and Secretary of Homeland Security— (1) shall consult widely both within and outside the Federal Government; and (2) may empanel advisory committees. (f) Internships The Director of the Office of Personnel Management may support, as appropriate, internships or other work experience in the Federal Government to the winners of the competitions and challenges under this section. 302. Federal cyber scholarship-for-service program (a) In general The Director of the National Science Foundation, in coordination with the Director of the Office of Personnel Management and Secretary of Homeland Security, shall continue a Federal Cyber Scholarship-for-Service program to recruit and train the next generation of information technology professionals, industrial control system security professionals, and security managers to meet the needs of the cybersecurity mission for Federal, State, local, and tribal governments. (b) Program description and components The Federal Cyber Scholarship-for-Service program shall— (1) provide scholarships to students who are enrolled in programs of study at institutions of higher education leading to degrees or specialized program certifications in the cybersecurity field; (2) provide the scholarship recipients with summer internship opportunities or other meaningful temporary appointments in the Federal information technology workforce; and (3) provide a procedure by which the National Science Foundation or a Federal agency, consistent with regulations of the Office of Personnel Management, may request and fund security clearances for scholarship recipients, including providing for clearances during internships or other temporary appointments and after receipt of their degrees. (c) Scholarship amounts Each scholarship under subsection (b) shall be in an amount that covers the student's tuition and fees at the institution under subsection (b)(1) and provides the student with an additional stipend. (d) Scholarship Conditions Each scholarship recipient, as a condition of receiving a scholarship under the program, shall enter into an agreement under which the recipient agrees to work in the cybersecurity mission of a Federal, State, local, or tribal agency for a period equal to the length of the scholarship following receipt of the student's degree. (e) Hiring authority (1) Appointment in excepted service Notwithstanding any provision of chapter 33 (2) Noncompetitive conversion Except as provided in paragraph (4), upon fulfillment of the service term, an employee appointed under paragraph (1) may be converted noncompetitively to term, career-conditional or career appointment. (3) Timing of conversion An agency may noncompetitively convert a term employee appointed under paragraph (2) to a career-conditional or career appointment before the term appointment expires. (4) Authority to decline conversion An agency may decline to make the noncompetitive conversion or appointment under paragraph (2) for cause. (f) Eligibility To be eligible to receive a scholarship under this section, an individual shall— (1) be a citizen or lawful permanent resident of the United States; (2) demonstrate a commitment to a career in improving the security of information infrastructure; and (3) have demonstrated a high level of proficiency in mathematics, engineering, or computer sciences. (g) Repayment If a scholarship recipient does not meet the terms of the program under this section, the recipient shall refund the scholarship payments in accordance with rules established by the Director of the National Science Foundation, in coordination with the Director of the Office of Personnel Management and Secretary of Homeland Security. (h) Evaluation and report The Director of the National Science Foundation shall evaluate and report periodically to Congress on the success of recruiting individuals for scholarships under this section and on hiring and retaining those individuals in the public sector workforce. 303. Study and analysis of education, accreditation, training, and certification of information infrastructure and cybersecurity professionals (a) Study The Director of the National Science Foundation, the Director of the Office of Personnel Management, and the Secretary of Homeland Security shall undertake to enter into appropriate arrangements with the National Academy of Sciences to conduct a comprehensive study of government, academic, and private-sector education, accreditation, training, and certification programs for the development of professionals in information infrastructure and cybersecurity. The agreement shall require the National Academy of Sciences to consult with sector coordinating councils and relevant governmental agencies, regulatory entities, and nongovernmental organizations in the course of the study. (b) Scope The study shall include— (1) an evaluation of the body of knowledge and various skills that specific categories of professionals in information infrastructure and cybersecurity should possess in order to secure information systems; (2) an assessment of whether existing government, academic, and private-sector education, accreditation, training, and certification programs provide the body of knowledge and various skills described in paragraph (1); (3) an evaluation of— (A) the state of cybersecurity education at institutions of higher education in the United States; (B) the extent of professional development opportunities for faculty in cybersecurity principles and practices; (C) the extent of the partnerships and collaborative cybersecurity curriculum development activities that leverage industry and government needs, resources, and tools; (D) the proposed metrics to assess progress toward improving cybersecurity education; and (E) the descriptions of the content of cybersecurity courses in undergraduate computer science curriculum; (4) an analysis of any barriers to the Federal Government recruiting and hiring cybersecurity talent, including barriers relating to compensation, the hiring process, job classification, and hiring flexibility; and (5) an analysis of the sources and availability of cybersecurity talent, a comparison of the skills and expertise sought by the Federal Government and the private sector, an examination of the current and future capacity of United States institutions of higher education, including community colleges, to provide current and future cybersecurity professionals, through education and training activities, with those skills sought by the Federal Government, State and local entities, and the private sector. (c) Report Not later than 1 year after the date of enactment of this Act, the National Academy of Sciences shall submit to the President and Congress a report on the results of the study. The report shall include— (1) findings regarding the state of information infrastructure and cybersecurity education, accreditation, training, and certification programs, including specific areas of deficiency and demonstrable progress; and (2) recommendations for further research and the improvement of information infrastructure and cybersecurity education, accreditation, training, and certification programs. IV Cybersecurity Awareness and Preparedness 401. National cybersecurity awareness and preparedness campaign (a) National cybersecurity awareness and preparedness campaign The Director of the National Institute of Standards and Technology (referred to in this section as the Director (1) a campaign to increase public awareness of cybersecurity, cyber safety, and cyber ethics, including the use of the Internet, social media, entertainment, and other media to reach the public; (2) a campaign to increase the understanding of State and local governments, institutions of higher education, and private sector entities of— (A) the benefits of ensuring effective risk management of the information infrastructure versus the costs of failure to do so; and (B) the methods to mitigate and remediate vulnerabilities; (3) support for formal cybersecurity education programs at all education levels to prepare skilled cybersecurity and computer science workers for the private sector and Federal, State, and local government; and (4) initiatives to evaluate and forecast future cybersecurity workforce needs of the Federal government and develop strategies for recruitment, training, and retention. (b) Considerations In carrying out the authority described in subsection (a), the Director, in consultation with appropriate Federal agencies, shall leverage existing programs designed to inform the public of safety and security of products or services, including self-certifications and independently verified assessments regarding the quantification and valuation of information security risk. (c) Strategic plan The Director, in cooperation with relevant Federal agencies and other stakeholders, shall build upon programs and plans in effect as of the date of enactment of this Act to develop and implement a strategic plan to guide Federal programs and activities in support of the national cybersecurity awareness and preparedness campaign under subsection (a). (d) Report Not later than 1 year after the date of enactment of this Act, and every 5 years thereafter, the Director shall transmit the strategic plan under subsection (c) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives. July 24, 2014 Reported with an amendment

Cybersecurity Enhancement Act of 2014

Prevent All Soring Tactics Act of 2014 or the PAST Act - (Sec. 2) Amends the Horse Protection Act (HPA) to replace the Designated Qualified Persons program responsible for inspecting horses for soring with a new inspection system. (The soring of horses is any of various actions taken on a horse's limb to produce a higher gait that may cause pain, distress, inflammation, or lameness.) Directs the Department of Agriculture (USDA) to prescribe regulatory requirements to license, train, assign, and oversee persons who are to be hired by the management of horse shows, exhibitions, sales, or auctions and are qualified to detect and diagnose sore horses or otherwise inspect horses at such events. Prohibits issuing a license to any person unless such person is free from conflicts of interest. Authorizes USDA to revoke a license for unsatisfactory performance. Requires USDA to give a preference to persons who are licensed or accredited veterinarians in issuing the licenses. Requires USDA to assign USDA-licensed inspectors after receiving notice that management intends to hire the inspectors. Directs an inspector to issue a citation for violations and notify USDA of the violations within five days of the citation being issued. Requires USDA to: (1) publish on the Animal and Plant Health Inspection Service's website information on violations of such Act; and (2) disqualify a horse that is sore for specified time periods that increase after the first, second, and third instance. Prohibits a person in any horse show, horse exhibition, or horse sale or auction from causing or directing a horse to become sore for the purpose of showing, exhibiting, selling, auctioning, or offering for sale the horse. Prohibits showing, exhibiting, selling, or auctioning a Tennessee Walking, a Racking, or a Spotted Saddle horse with: (1) an action device that causes friction by rotating around a horse's leg or sliding up and down the leg or strikes the hoof, coronet band, fetlock joint, or pastern of the horse; or (2) a weighted shoe, pad, wedge, hoof band, or other device or material if it is constructed to artificially alter a horse's gait and is not strictly protective or therapeutic. Increases the maximum criminal penalties and maximum civil liability penalties for certain HPA violations. Authorizes USDA to disqualify a violator from: (1) transporting or arranging for the transportation of a horse to or from a show, exhibition, sale, or auction; (2) personally giving instructions to an exhibitor; or (3) being knowingly present in a warm-up area, inspection area, or other area that spectators are not permitted. Permits USDA to permanently disqualify a person with at least three violations after notice and an opportunity for a hearing.

To amend the Horse Protection Act to designate additional unlawful acts under the Act, strengthen penalties for violations of the Act, improve Department of Agriculture enforcement of the Act, and for other purposes. 1. Short title This Act may be cited as the Prevent All Soring Tactics Act of 2013 PAST Act 2. Increased enforcement under Horse Protection Act (a) Definitions Section 2 of the Horse Protection Act ( 15 U.S.C. 1821 (1) by redesignating paragraphs (1), (2), (3), and (4) as paragraphs (2), (4), (5), and (6) respectively; (2) by inserting before paragraph (2) (as so redesignated) the following: (1) Action device (A) In general The term action device (i) rotate around the leg or slide up and down the leg, so as to cause friction; or (ii) strike the hoof, coronet band, fetlock joint, or pastern of the horse. (B) Exclusion The term action device ; and (3) by inserting after paragraph (2) (as so redesignated) the following: (3) Participate (A) In general The term participate (i) transporting or arranging for the transportation of a horse to or from a horse show, horse exhibition, or horse sale or auction; (ii) personally giving instructions to an exhibitor; or (iii) being knowingly present in a warm-up area, inspection area, or other area at a horse show, horse exhibition, or horse sale or auction that spectators are not permitted to enter. (B) Exclusion The term participate . (b) Findings Section 3 of the Horse Protection Act ( 15 U.S.C. 1822 (1) by striking paragraph (3) and inserting the following: (3) the movement, showing, exhibition, or sale of sore horses in intrastate commerce, and soring horses for those purposes, adversely affects and burdens interstate and foreign commerce in many ways, including by— (A) creating unfair competition; (B) deceiving the spectating public and horse buyers; and (C) negatively impacting horse sales; ; (2) in paragraph (4), by striking and (3) in paragraph (5), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: (6) the Inspector General of the Department of Agriculture has determined that the program through which the Secretary inspects horses is inadequate for preventing soring; (7) historically, Tennessee Walking Horses, racking horses, and Spotted Saddle Horses have been subjected to soring; and (8) despite regulations in effect related to inspection for purposes of ensuring that horses are not sore, violations of this Act are prevalent in the Tennessee Walking Horse, racking horse, and Spotted Saddle Horse breeds. . (c) Horse shows and exhibitions Section 4 of the Horse Protection Act (15 U.S.C. 1823) is amended— (1) by striking subsection (a) and inserting the following: (a) Disqualification of horses (1) In general The management of any horse show or horse exhibition shall disqualify any horse from being shown or exhibited— (A) if the horse is sore; or (B) if the management has been notified by a person licensed in accordance with subsection (c) or by the Secretary that the horse is sore. (2) Period of disqualification (A) First instance In the first instance in which the Secretary determines that a horse is sore, the Secretary shall disqualify the horse from being shown or exhibited for a period of not less than 180 days. (B) Second instance In the second instance in which the Secretary determines that a horse is sore, the Secretary shall disqualify the horse for a period of not less than 1 year. (C) Third instance In the third instance in which the Secretary determines that a horse is sore, the Secretary shall disqualify the horse for a period of not less than 3 years. ; (2) in subsection (b) by striking appointed licensed (3) by striking subsection (c) and inserting the following: (c) Licensing of inspectors; manner of inspections (1) In general The Secretary shall prescribe by regulation requirements for the Department of Agriculture to license, train, assign, and oversee persons qualified to detect and diagnose a horse that is sore or to otherwise inspect horses at horse shows, horse exhibitions, or horse sales or auctions, for hire by the management of such events, for the purposes of enforcing this Act. (2) Citations A person licensed by the Secretary to conduct inspections under this subsection shall— (A) issue a citation for any violation of this Act recorded during an inspection; and (B) notify the Secretary of each violation not later than 5 days after the date on which the citation is issued. (3) Qualifications for licensing The Secretary shall— (A) not issue a license under this subsection to a person unless the person is free from conflicts of interest, as defined by the Secretary in the regulations issued under paragraph (1); and (B) give a preference to persons who are licensed or accredited veterinarians; (4) Revocation of license If the Secretary determines that the performance of a person licensed under paragraph (1) is unsatisfactory, the Secretary may, after notice and an opportunity for a hearing, revoke the license issued to the person. (5) Limitation The granting of licenses under this subsection shall not authorize a person licensed under this subsection to conduct inspections in a manner other than the manner prescribed for inspections by the Secretary under subsection (e). (6) Notification (A) In general Not later than 30 days before the date on which a horse show, horse exhibition, or horse sale or auction begins, the management of the show, exhibition, or sale or auction may notify the Secretary of the intent of the management to hire 1 or more persons licensed under this subsection and assigned by the Secretary to conduct inspections at the show, exhibition, or sale or auction. (B) Assignment After receiving notice under subparagraph (A), the Secretary shall assign 1 or more persons licensed under this subsection to conduct inspections at the horse show, horse exhibition, or horse sale or auction. ; and (4) by adding at the end the following: (f) Publication of violations The Secretary shall publish on the public website of the Animal and Plant Health Inspection Service of the Department of Agriculture, and update as frequently as the Secretary determines necessary, information on violations of this Act to allow the management of a horse show, horse exhibition, or horse sale or auction to determine if an individual is in violation of this Act. . (d) Unlawful acts Section 5 of the Horse Protection Act ( 15 U.S.C. 1824 (1) by striking paragraph (2) and inserting the following: (2) In the case of any horse show, horse exhibition, or horse sale or auction— (A) showing or exhibiting any horse that is sore; (B) entering any horse that is sore for the purpose of showing or exhibiting the horse; (C) selling, auctioning, or offering for sale any horse that is sore; (D) causing a horse to become sore or directing another person to cause a horse to become sore for the purpose of showing, exhibiting, selling, auctioning, or offering for sale the horse; and (E) allowing any activity described in subparagraphs (A) through (D) with respect to a horse that is sore by the owner of that horse. ; (2) in paragraph (3), by striking appoint hire (3) in paragraph (4)— (A) by striking appoint hire (B) by striking qualified (4) in paragraph (5), by striking appointed hired (5) in paragraph (6)— (A) by striking appointed hired (B) by inserting that the horse is sore the Secretary (6) by adding at the end the following: (12) The use of an action device on any limb of a Tennessee Walking Horse, racking horse, or Spotted Saddle Horse at a horse show, horse exhibition, or horse sale or auction. (13) The use of a weighted shoe, pad, wedge, hoof band, or other device or material at a horse show, horse exhibition, or horse sale or auction that— (A) is placed on, inserted in, or attached to any limb of a Tennessee Walking Horse, racking horse, or Spotted Saddle Horse; (B) is constructed to artificially alter the gait of a horse described in subparagraph (A); and (C) is not strictly protective or therapeutic in nature. . (e) Violations and penalties Section 6 of the Horse Protection Act ( 15 U.S.C. 1825 (1) in subsection (a)— (A) in paragraph (1)— (i) by striking Except as provided in paragraph (2) of this subsection, any person who knowingly violates section 5 Any person who knowingly violates section 5 (including the regulations issued under that section), including any violation recorded during an inspection conducted under subsections (c) or (e) of section 4 (ii) by striking more than $3,000, or imprisoned for not more than one year, or both more than $5,000, or imprisoned for not more than 3 years, or both, for each violation (B) in paragraph (2)— (i) by striking (2)(A) (B) Any (2) False statements and entries Any ; and (ii) by striking (C) Any (3) Interference with duties Any ; and (C) by adding at the end the following: (4) Noncompliance with disqualification Any person who knowingly fails to obey an order of disqualification shall, upon conviction thereof, be fined not more than $5,000 for each failure to obey the order, imprisoned for not more than 3 years, or both. ; (2) in subsection (b)— (A) in the first sentence of paragraph (1)— (i) by striking section 5 of this Act section 5 (including the regulations issued under that section) (ii) by striking $2,000 $4,000 (B) by adding at the end the following: (5) Nonpayment of licensed inspectors Any person who fails to pay a licensed inspector hired under section 4(c) shall, upon conviction thereof, be fined not more than $4,000 for each violation. ; and (3) in subsection (c)— (A) by redesignating the first, second, third, and fourth sentences as paragraphs (1), (3), (4), and (5), respectively; (B) in paragraph (1) (as so designated)— (i) by inserting , or otherwise participating in any horse show, horse exhibition, or horse sale or auction for a period of not less than one year (ii) by striking any subsequent the second (C) (2) Permanent disqualification For the third or any subsequent violation, a person may be permanently disqualified by order of the Secretary, after notice and an opportunity for a hearing before the Secretary, from showing or exhibiting any horse, judging or managing any horse show, horse exhibition, or horse sale or auction, or otherwise participating in, including financing the participation of other individuals in, any horse show, horse exhibition, or horse sale or auction (regardless of whether walking horses are shown, exhibited, sold, auctioned, or offered for sale at the horse show, horse exhibition, or horse sale or auction). ; and (D) in paragraphs (3) and (4) (as so designated), by striking $3,000 $5,000 (f) Regulations Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall issue regulations to carry out the amendments made by this section, including regulations prescribing the requirements under section 4(c) of the Horse Protection Act (15 U.S.C. 1823(c)) (as amended by subsection (c)(3)). 1. Short title This Act may be cited as the Prevent All Soring Tactics Act of 2014 PAST Act 2. Increased enforcement under Horse Protection Act (a) Definitions Section 2 of the Horse Protection Act ( 15 U.S.C. 1821 (1) by redesignating paragraphs (1), (2), (3), and (4) as paragraphs (2), (3), (4), and (5), respectively; (2) by inserting before paragraph (2) (as so redesignated) the following new paragraph: (1) (A) The term action device (i) rotate around the leg or slide up and down the leg, so as to cause friction; or (ii) strike the hoof, coronet band, fetlock joint, or pastern of the horse. (B) Such term does not include soft rubber or soft leather bell boots or quarter boots that are used as protective devices. ; and (3) by adding at the end the following new paragraph: (6) (A) The term participate (i) transporting or arranging for the transportation of a horse to or from a horse show, horse exhibition, or horse sale or auction; (ii) personally giving instructions to an exhibitor; or (iii) being knowingly present in a warm-up area, inspection area, or other area at a horse show, horse exhibition, or horse sale or auction that spectators are not permitted to enter. (B) Such term does not include spectating. . (b) Findings Section 3 of the Horse Protection Act ( 15 U.S.C. 1822 (1) in paragraph (3)— (A) by inserting and soring horses for such purposes horses in intrastate commerce (B) by inserting in many ways, including by creating unfair competition, by deceiving the spectating public and horse buyers, and by negatively impacting horse sales (2) in paragraph (4), by striking and (3) in paragraph (5), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following new paragraphs: (6) the Inspector General of the Department of Agriculture has determined that the program through which the Secretary inspects horses is inadequate for preventing soring; (7) historically, Tennessee Walking Horses, Racking Horses, and Spotted Saddle Horses have been subjected to soring; and (8) despite regulations in effect related to inspection for purposes of ensuring that horses are not sore, violations of this Act continue to be prevalent in the Tennessee Walking Horse, Racking Horse, and Spotted Saddle Horse breeds. . (c) Horse shows and exhibitions Section 4 of the Horse Protection Act (15 U.S.C. 1823) is amended— (1) in subsection (a)— (A) by striking appointed licensed (B) by adding at the end the following new sentences: In the first instance in which the Secretary determines that a horse is sore, the Secretary shall disqualify the horse from being shown or exhibited for a period of not less than 180 days. In the second instance in which the Secretary determines that such horse is sore, the Secretary shall disqualify the horse for a period of not less than one year. In the third instance in which the Secretary determines that such horse is sore, the Secretary shall disqualify the horse for a period of not less than three years. (2) in subsection (b) by striking appointed licensed (3) by striking subsection (c) and inserting the following new subsection: (c) (1) (A) The Secretary shall prescribe by regulation requirements for the Department of Agriculture to license, train, assign, and oversee persons qualified to detect and diagnose a horse which is sore or to otherwise inspect horses at horse shows, horse exhibitions, or horse sales or auctions, for hire by the management of such events, for the purposes of enforcing this Act. (B) No person shall be issued a license under this subsection unless such person is free from conflicts of interest, as defined by the Secretary in the regulations issued under subparagraph (A). (C) If the Secretary determines that the performance of a person licensed in accordance with subparagraph (A) is unsatisfactory, the Secretary may, after notice and an opportunity for a hearing, revoke the license issued to such person. (D) In issuing licenses under this subsection, the Secretary shall give a preference to persons who are licensed or accredited veterinarians. (E) Licensure of a person in accordance with the requirements prescribed under this subsection shall not be construed as authorizing such person to conduct inspections in a manner other than that prescribed for inspections by the Secretary (or the Secretary’s representative) under subsection (e). (2) (A) Not later than 30 days before the date on which a horse show, horse exhibition, or horse sale or auction begins, the management of such show, exhibition, or sale or auction may notify the Secretary of the intent of the management to hire a person or persons licensed under this subsection and assigned by the Secretary to conduct inspections at such show, exhibition, or sale or auction. (B) After such notification, the Secretary shall assign a person or persons licensed under this subsection to conduct inspections at the horse show, horse exhibition, or horse sale or auction. (3) A person licensed by the Secretary to conduct inspections under this subsection shall issue a citation with respect to any violation of this Act recorded during an inspection and notify the Secretary of each such violation not later than five days after the date on which a citation was issued with respect to such violation. ; and (4) by adding at the end the following new subsection: (f) The Secretary shall publish on the public website of the Animal and Plant Health Inspection Service of the Department of Agriculture, and update as frequently as the Secretary determines is necessary, information on violations of this Act for the purposes of allowing the management of a horse show, horse exhibition, or horse sale or auction to determine if an individual is in violation of this Act. . (d) Unlawful acts Section 5 of the Horse Protection Act ( 15 U.S.C. 1824 (1) in paragraph (2)— (A) by striking or (C) respecting (C), or (D) respecting (B) by striking and (D) (D) causing a horse to become sore or directing another person to cause a horse to become sore for the purpose of showing, exhibiting, selling, auctioning, or offering for sale the horse in any horse show, horse exhibition, or horse sale or auction, and (E) (2) in paragraph (3), by striking appoint hire (3) in paragraph (4)— (A) by striking appoint hire (B) by striking qualified (4) in paragraph (5), by striking appointed hired (5) in paragraph (6)— (A) by striking appointed hired (B) by inserting that the horse is sore the Secretary (6) by adding at the end the following new paragraphs: (12) The use of an action device on any limb of a Tennessee Walking Horse, a Racking Horse, or a Spotted Saddle Horse at a horse show, horse exhibition, or horse sale or auction. (13) The use of a weighted shoe, pad, wedge, hoof band, or other device or material at a horse show, horse exhibition, or horse sale or auction that— (A) is placed on, inserted in, or attached to any limb of a Tennessee Walking Horse, a Racking Horse, or a Spotted Saddle Horse; (B) is constructed to artificially alter the gait of such a horse; and (C) is not strictly protective or therapeutic in nature. . (e) Violations and penalties Section 6 of the Horse Protection Act ( 15 U.S.C. 1825 (1) in subsection (a)— (A) in paragraph (1)— (i) by striking Except as provided in paragraph (2) of this subsection, any person who knowingly violates section 5 Any person who knowingly violates section 5 or the regulations issued under such section, including any violation recorded during an inspection conducted in accordance with section 4(c) or 4(e) (ii) by striking more than $3,000, or imprisoned for not more than one year, or both. more than $5,000, or imprisoned for not more than three years, or both, for each such violation. (B) in paragraph (2)— (i) by striking subparagraph (A); (ii) by striking (2) (iii) by redesignating subparagraphs (B) and (C) as paragraphs (2) and (3), respectively, and moving the margins of such paragraphs (as so redesignated) two ems to the left; and (C) by adding at the end the following new paragraph: (4) Any person who knowingly fails to obey an order of disqualification shall, upon conviction thereof, be fined not more than $5,000 for each failure to obey such an order, imprisoned for not more than three years, or both. ; (2) in subsection (b)— (A) in paragraph (1)— (i) by striking section 5 of this Act section 5 or the regulations issued under such section (ii) by striking $2,000 $4,000 (B) by adding at the end the following new paragraph: (5) Any person who fails to pay a licensed inspector hired under section 4(c) shall, upon conviction thereof, be fined not more than $4,000 for each such violation. ; and (3) in subsection (c)— (A) in the first sentence— (i) by inserting , or otherwise participating in any horse show, horse exhibition, or horse sale or auction for a period of not less than one year (ii) by striking any subsequent the second (B) Any person who knowingly fails For the third or any subsequent violation, a person may be permanently disqualified by order of the Secretary, after notice and an opportunity for a hearing before the Secretary, from showing or exhibiting any horse, judging or managing any horse show, horse exhibition, or horse sale or auction, or otherwise participating in, including financing the participation of other individuals in, any horse show, horse exhibition, or horse sale or auction (regardless of whether walking horses are shown, exhibited, sold, auctioned, or offered for sale at the horse show, horse exhibition, or horse sale or auction). (C) by striking $3,000 $5,000 (f) Regulations Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall issue regulations to carry out the amendments made by this section, including regulations prescribing the requirements under subsection (c) of section 4 of the Horse Protection Act ( 15 U.S.C. 1823(c) (g) Severability If any provision of this Act or any amendment made by this Act, or the application of a 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 to any person or circumstance, shall not be affected by the holding. September 15, 2014 Reported with an amendment

PAST Act

Smarter Sentencing Act of 2014 - (Sec. 2) Amends the federal criminal code to direct the court to impose a sentence for specified controlled substance offenses without regard to any statutory minimum sentence if the court finds that the defendant: (1) does not have more than two criminal history points; (2) has no prior convictions for any offense that has as an element the use, attempted use, or threatened use of physical force against another; and (3) has not been convicted of a specified firearm offense, sex offense, federal crime of terrorism, or racketeering offense or of conspiring to use and invest illicit drug profits. (Sec. 3) Authorizes a court that imposed a sentence for a crack cocaine possession or trafficking offense committed before August 3, 2010, on motion of the defendant, the Director of the Bureau of Prisons, the attorney for the government, or the court, to impose a reduced sentence as if provisions of the Fair Sentencing Act of 2010 were in effect at the time such offense was committed, provided such sentence was not previously imposed or reduced under such Act or such a motion wasn't previously denied. (Sec. 4) Amends the Controlled Substances Act (CSA) and the Controlled Substances Import and Export Act (CSIEA) to reduce mandatory minimum sentences for manufacturing, distributing, dispensing, possessing, importing, or exporting specified controlled substances. (Sec. 5) Directs the U.S. Sentencing Commission to review and amend its guidelines and policy statements applicable to persons convicted of such an offense under the CSA and CSIEA to ensure consistency with this Act and to consider specified factors, including: (1) its mandate to formulate guidelines to minimize the likelihood that the federal prison population will exceed federal prison capacity; (2) fiscal implications of changes; (3) relevant public safety concerns; (4) the intent of Congress that severe sentences for violent, repeat, and serious drug traffickers who present public safety risks remain in place; and (5) the need to reduce and prevent racial disparities in sentencing. Requires the Commission to: (1) promulgate such guidelines, policy statements, or amendments by no later than 120 days after the date of enactment of this Act, and (2) make such conforming amendments to the federal sentencing guidelines as necessary to achieve consistency with other guideline provisions and applicable law. (Sec. 6) Requires the Attorney General to report to the House and Senate Judiciary Committees on how the reduced expenditures on federal corrections and cost savings resulting from this Act will be used to help reduce overcrowding in the Federal Bureau of Prisons, increase investment in law enforcement and crime prevention, and reduce recidivism. (Sec. 7) Directs the Attorney General to submit a report listing all criminal statutory offenses and including for each offense: (1) a list of the elements of the offense, (2) the potential criminal penalty for the offense, (3) the number of prosecutions for the offense brought by the Department of Justice (DOJ) in each of the 15 years preceding this Act's enactment, and (4) the mens rea requirement for the offense. Requires the head of each of specified federal agencies to submit a report listing all criminal regulatory offenses enforceable by such agency and including for each offense: (1) the potential criminal penalty, (2) the number of violations referred to DOJ for prosecution in each of the 15 years preceding this Act's enactment, and (3) the mens rea requirement. Requires the Attorney General and each agency head to establish a publicly accessible index of each such offense and make the index available and freely accessible on DOJ's and the agency's websites. (Sec. 8) Amends the federal criminal code to establish a five-year minimum term of imprisonment for aggravated sexual abuse, sexual abuse, sexual abuse of a minor or ward, and sexual abuse-related offenses resulting in death. (Sec. 9) Provides for enhanced penalties for interstate domestic violence if a victim dies, if the victim is permanently disfigured or suffers a life threatening bodily injury, if serious bodily injury to the victim results, or if the offender uses a dangerous weapon during the offense. (Sec. 10) Amends the International Emergency Economic Powers Act and the Trading with the Enemy Act to establish a five-year minimum term of imprisonment for certain unlawful acts involving: (1) the provision of defense articles or defense services to a state sponsor of terrorism, a foreign terrorist organization, or person on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury for an activity relating to support for international terrorism or the proliferation of weapons of mass destruction; or (2) the exportation of goods or services to any person in connection with a program of a foreign country or foreign person to develop weapons of mass destruction. Amends the Arms Export Control Act to establish a five-year minimum term of imprisonment for a criminal violation of such Act that involves the export of defense articles or defense services to: (1) a state sponsor of terrorism, (2) a foreign terrorist organization, (3) a person on the Office of Foreign Assets Control list, or (4) any person in connection with a program of a foreign country or foreign person to develop weapons of mass destruction. Amends a federal criminal code prohibition against the smuggling of goods from the United States to establish a five-year minimum term of imprisonment if the merchandise, article, or object smuggled: (1) is a defense article and was exported or sent to a state sponsor of terrorism, a foreign terrorist organization, or person on the Office of Foreign Assets Control list; or (2) was exported or sent to any person in connection with a program of a foreign country or foreign person to develop weapons of mass destruction.

To focus limited Federal resources on the most serious offenders. 1. Short title This Act may be cited as the Smarter Sentencing Act of 2013 2. Applicability of statutory minimums Section 3553(f)(1) of title 18, United States Code, is amended by striking defendant point criminal history category for the defendant is not higher than category 2 3. Clarification of applicability of the Fair Sentencing Act (a) Definition of covered offense In this section, the term covered offense Public Law 111–220 (b) Defendants previously sentenced A court that imposed a sentence for a covered offense, may, on motion of the defendant, the Director of the Bureau of Prisons, the attorney for the Government, or the court, impose a reduced sentence as if sections 2 and 3 of the Fair Sentencing Act of 2010 (Public Law 111–220; 124 Stat. 2372) were in effect at the time the covered offense was committed. (c) Limitations No court shall entertain a motion made under this section to reduce a sentence if the sentence was previously imposed or previously reduced in accordance with the amendments made by sections 2 and 3 of the Fair Sentencing Act of 2010 ( Public Law 111–220 4. Sentencing modifications for certain drug offenses (a) Controlled Substances Act Section 401(b)(1) of the Controlled Substances Act ( 21 U.S.C. 841(b)(1) (1) in subparagraph (A), in the flush text following clause (viii)— (A) by striking 10 years or more 5 years or more (B) by striking such person shall be sentenced to a term of imprisonment which may not be less than 20 years and such person shall be sentenced to a term of imprisonment which may not be less than 10 years and (2) in subparagraph (B), in the flush text following clause (viii)— (A) by striking 5 years 2 years (B) by striking not be less than 10 years not be less than 5 years (b) Controlled Substances Import and Export Act Section 1010(b) of the Controlled Substances Import and Export Act ( 21 U.S.C. 960(b) (1) in paragraph (1), in the flush text following subparagraph (H)— (A) by striking not less than 10 years not less than 5 years (B) by striking such person shall be sentenced to a term of imprisonment of not less than 20 years such person shall be sentenced to a term of imprisonment of not less than 10 years (2) in paragraph (2), in the flush text following subparagraph (H)— (A) by striking 5 years 2 years (B) by striking 10 years 5 years 5. Directive to the Sentencing Commission (a) Directive to Sentencing Commission 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, if appropriate, its guidelines and its policy statements applicable to persons convicted of an offense under section 401 of the Controlled Substances Act ( 21 U.S.C. 841 (b) Considerations In carrying out this section, the United States Sentencing Commission shall consider— (1) the mandate of the United States Sentencing Commission, under section 994(g) minimize the likelihood that the Federal prison population will exceed the capacity of the Federal prisons (2) the findings and conclusions of the United States Sentencing Commission in its October 2011 report to Congress entitled, Mandatory Minimum Penalties in the Federal Criminal Justice System; (3) the fiscal implications of any amendments or revisions to the sentencing guidelines or policy statements made by the United States Sentencing Commission; (4) the relevant public safety concerns involved in the considerations before the United States Sentencing Commission; (5) the intent of Congress that penalties for violent and serious drug traffickers who present public safety risks remain appropriately severe; and (6) the need to reduce and prevent racial disparities in Federal sentencing. (c) Emergency authority The United States Sentencing Commission shall— (1) promulgate the guidelines, policy statements, or amendments provided for in this Act as soon as practicable, and in any event not later than 120 days after the date of enactment of this Act, in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987 ( 28 U.S.C. 994 (2) pursuant to the emergency authority provided under paragraph (1), make such conforming amendments to the Federal sentencing guidelines as the Commission determines necessary to achieve consistency with other guideline provisions and applicable law. 6. Report by Attorney General Not later than 6 months after the date of enactment of this Act, the Attorney General shall submit to the Committees on the Judiciary of the House of Representatives and the Senate a report outlining how the reduced expenditures on Federal corrections and the cost savings resulting from this Act will be used to help reduce overcrowding in the Federal Bureau of Prisons, help increase proper investment in law enforcement and crime prevention, and help reduce criminal recidivism, thereby increasing the effectiveness of Federal criminal justice spending. 1. Short title This Act may be cited as the Smarter Sentencing Act of 2014 2. Applicability of statutory minimums Section 3553(f)(1) (1) the defendant— (A) does not have more than 1 criminal history point, as determined under the sentencing guidelines; or (B) (i) does not have more than 2 criminal history points, as determined under the sentencing guidelines; (ii) has no prior convictions for any offense that has as an element the use, attempted use, or threatened use of physical force against the person of another; and (iii) has not been convicted of— (I) a firearm offense under section 922 or 924; (II) a sex offense (as defined in section 111 of the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16911 (III) a Federal crime of terrorism (as defined in section 2332b(g)(5)); (IV) a racketeering offense under section 1962; or (V) conspiring to use and invest illicit drug profits under section 414 of the Controlled Substances Act ( 21 U.S.C. 854 . 3. Clarification of applicability of the Fair Sentencing Act (a) Definition of covered offense In this section, the term covered offense Public Law 111–220 (b) Defendants previously sentenced A court that imposed a sentence for a covered offense, may, on motion of the defendant, the Director of the Bureau of Prisons, the attorney for the Government, or the court, impose a reduced sentence as if sections 2 and 3 of the Fair Sentencing Act of 2010 (Public Law 111–220; 124 Stat. 2372) were in effect at the time the covered offense was committed. (c) Limitations No court shall entertain a motion made under this section to reduce a sentence if the sentence was previously imposed or previously reduced in accordance with the amendments made by sections 2 and 3 of the Fair Sentencing Act of 2010 ( Public Law 111–220 4. Sentencing modifications for certain drug offenses (a) Controlled Substances Act Section 401(b)(1) of the Controlled Substances Act ( 21 U.S.C. 841(b)(1) (1) in subparagraph (A), in the flush text following clause (viii)— (A) by striking 10 years or more 5 years or more (B) by striking such person shall be sentenced to a term of imprisonment which may not be less than 20 years and such person shall be sentenced to a term of imprisonment which may not be less than 10 years and (2) in subparagraph (B), in the flush text following clause (viii)— (A) by striking 5 years 2 years (B) by striking not be less than 10 years not be less than 5 years (b) Controlled Substances Import and Export Act Section 1010(b) of the Controlled Substances Import and Export Act ( 21 U.S.C. 960(b) (1) in paragraph (1), in the flush text following subparagraph (H)— (A) by striking not less than 10 years not less than 5 years (B) by striking such person shall be sentenced to a term of imprisonment of not less than 20 years such person shall be sentenced to a term of imprisonment of not less than 10 years (2) in paragraph (2), in the flush text following subparagraph (H)— (A) by striking 5 years 2 years (B) by striking 10 years 5 years 5. Directive to the Sentencing Commission (a) Directive to Sentencing Commission 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, if appropriate, its guidelines and its policy statements applicable to persons convicted of an offense under section 401 of the Controlled Substances Act ( 21 U.S.C. 841 (b) Considerations In carrying out this section, the United States Sentencing Commission shall consider— (1) the mandate of the United States Sentencing Commission, under section 994(g) minimize the likelihood that the Federal prison population will exceed the capacity of the Federal prisons (2) the findings and conclusions of the United States Sentencing Commission in its October 2011 report to Congress entitled, Mandatory Minimum Penalties in the Federal Criminal Justice System; (3) the fiscal implications of any amendments or revisions to the sentencing guidelines or policy statements made by the United States Sentencing Commission; (4) the relevant public safety concerns involved in the considerations before the United States Sentencing Commission; (5) the intent of Congress that severe sentences for violent, repeat, and serious drug traffickers who present public safety risks remain in place; and (6) the need to reduce and prevent racial disparities in Federal sentencing. (c) Emergency authority The United States Sentencing Commission shall— (1) promulgate the guidelines, policy statements, or amendments provided for in this Act as soon as practicable, and in any event not later than 120 days after the date of enactment of this Act, in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987 ( 28 U.S.C. 994 (2) pursuant to the emergency authority provided under paragraph (1), make such conforming amendments to the Federal sentencing guidelines as the Commission determines necessary to achieve consistency with other guideline provisions and applicable law. 6. Report by Attorney General Not later than 6 months after the date of enactment of this Act, the Attorney General shall submit to the Committees on the Judiciary of the House of Representatives and the Senate a report outlining how the reduced expenditures on Federal corrections and the cost savings resulting from this Act will be used to help reduce overcrowding in the Federal Bureau of Prisons, help increase proper investment in law enforcement and crime prevention, and help reduce criminal recidivism, thereby increasing the effectiveness of Federal criminal justice spending. 7. Report on Federal criminal offenses (a) Definitions In this section— (1) the term criminal regulatory offense (2) the term criminal statutory offense (b) Report on criminal statutory offenses Not later than 1 year after the date of enactment of this Act, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report, which shall include— (1) a list of all criminal statutory offenses, including a list of the elements for each criminal statutory offense; and (2) for each criminal statutory offense listed under paragraph (1)— (A) the potential criminal penalty for the criminal statutory offense; (B) the number of prosecutions for the criminal statutory offense brought by the Department of Justice each year for the 15-year period preceding the date of enactment of this Act; and (C) the mens rea requirement for the criminal statutory offense. (c) Report on criminal regulatory offenses (1) Reports Not later than 1 year after the date of enactment of this Act, the head of each Federal agency described in paragraph (2) shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report, which shall include— (A) a list of all criminal regulatory offenses enforceable by the agency; and (B) for each criminal regulatory offense listed under subparagraph (A)— (i) the potential criminal penalty for a violation of the criminal regulatory offense; (ii) the number of violations of the criminal regulatory offense referred to the Department of Justice for prosecution in each of the years during the 15-year period preceding the date of enactment of this Act; and (iii) the mens rea requirement for the criminal regulatory offense. (2) Agencies described The Federal agencies described in this paragraph are the Department of Agriculture, the Department of Commerce, the Department of Education, the Department of Energy, the Department of Health and Human Services, the Department of Homeland Security, the Department of Housing and Urban Development, the Department of the Interior, the Department of Labor, the Department of Transportation, the Department of the Treasury, the Commodity Futures Trading Commission, the Consumer Product Safety Commission, the Equal Employment Opportunity Commission, the Export-Import Bank of the United States, the Farm Credit Administration, the Federal Communications Commission, the Federal Deposit Insurance Corporation, the Federal Election Commission, the Federal Labor Relations Authority, the Federal Maritime Commission, the Federal Mine Safety and Health Review Commission, the Federal Trade Commission, the National Labor Relations Board, the National Transportation Safety Board, the Nuclear Regulatory Commission, the Occupational Safety and Health Review Commission, the Office of Compliance, the Postal Regulatory Commission, the Securities and Exchange Commission, the Securities Investor Protection Corporation, the Environmental Protection Agency, the Small Business Administration, the Federal Housing Finance Agency, and the Office of Government Ethics. (d) Index Not later than 2 years after the date of enactment of this Act— (1) the Attorney General shall establish a publically accessible index of each criminal statutory offense listed in the report required under subsection (b) and make the index available and freely accessible on the website of the Department of Justice; and (2) the head of each agency described in subsection (c)(2) shall establish a publically accessible index of each criminal regulatory offense listed in the report required under subsection (c)(1) and make the index available and freely accessible on the website of the agency. (e) Rule of construction Nothing in this section shall be construed to require or authorize appropriations. 8. Sexual assault offenses Chapter 109A (1) in section 2241— (A) in subsection (a), in the flush text following paragraph (2), by inserting not less than 5 term of years (B) in subsection (b), in the flush text following paragraph (2)(B), by inserting not less than 5 term of years (2) in section 2242, in the flush text following paragraph (2)(B), by inserting not less than 5 term of years (3) in section 2243— (A) in subsection (a), in the flush text following paragraph (2), by inserting not less than 5 years and imprisoned (B) in subsection (b), in the flush text following paragraph (2), by inserting not less than 5 years and imprisoned (4) by amending section 2245 to read as follows: 2245. Offenses resulting in death A person who— (1) in the course of an offense under this chapter or section 1591, 2251, 2251A, or 2260 murders an individual, shall be punished by death or imprisoned for any term of years not less than 5 years or for life; and (2) in the course of an offense under section 2421, 2422, 2423, or 2425 murders an individual, shall be punished by death or imprisoned for any term of years or for life. . 9. Domestic violence offenses Section 2261(b) (1) if death of the victim results— (A) in the case of a violation of this section, for any term of years not less than 10 or for life; and (B) in the case of a violation of section 2261A, for life or any term of years; (2) if permanent disfigurement or life threatening bodily injury to the victim results— (A) in the case of a violation of this section, for not more than 25 years; and (B) in the case of a violation of section 2261A, for not more than 20 years; (3) if serious bodily injury to the victim results or if the offender uses a dangerous weapon during the offense— (A) in the case of a violation of this section, for not more than 15 years; and (B) in the case of a violation of section 2261A, for not more than 10 years; . 10. Mandatory minimum sentences for certain offenses relating to the provision of arms to terrorists or proliferators of weapons of mass destruction (a) International Emergency Economic Powers Act Section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 (1) in subsection (c), by striking A person Subject to subsection (d), a person (2) by adding at the end the following: (d) Minimum term of imprisonment for certain acts relating to the provision of arms to terrorists or proliferators of weapons of mass destruction (1) In general A natural person who willfully commits, willfully attempts to commit, or willfully conspires to commit, or aids or abets in the commission of, an unlawful act described in paragraph (2) shall, upon conviction, be imprisoned for a term of not less than 5 years. (2) Unlawful acts described An unlawful act described in this paragraph is an unlawful act described in subsection (a) that involves— (A) the provision of defense articles or defense services to— (i) a state sponsor of terrorism; (ii) an organization designated as a foreign terrorist organization under section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) (iii) a person on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury for an activity relating to support for international terrorism or the proliferation of weapons of mass destruction; or (B) the exportation of goods or services to any person in connection with a program of a foreign country or foreign person to develop weapons of mass destruction. (3) Definitions In this subsection: (A) Defense article; defense service The terms defense article defense service 22 U.S.C. 2794 (B) State sponsor of terrorism The term state sponsor of terrorism (i) section 6(j)(1)(A) of the Export Administration Act of 1979 ( 50 U.S.C. App. 2405(j)(1)(A) (ii) section 40(d) of the Arms Export Control Act ( 22 U.S.C. 2780(d) (iii) section 620A(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371(a) . (b) Trading with the Enemy Act Section 5 of the Trading with the Enemy Act (50 U.S.C. App.) is amended by adding at the end the following: (c) Minimum term of imprisonment for certain acts relating to the provision of arms to terrorists or proliferators of weapons of mass destruction (1) In general A natural person who willfully commits, willfully attempts to commit, or willfully conspires to commit, or aids or abets in the commission of, an unlawful act described in paragraph (2) shall, upon conviction, be imprisoned for a term of not less than 5 years. (2) Unlawful acts described An unlawful act described in this paragraph is an act in violation of the provisions of this Act or any license, order, regulation, or prohibition issued under this Act that involves— (A) the provision of defense articles or defense services to— (i) a state sponsor of terrorism; (ii) an organization designated as a foreign terrorist organization under section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) (iii) a person on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury for an activity relating to support for international terrorism or the proliferation of weapons of mass destruction; or (B) the exportation of goods or services to any person in connection with a program of a foreign country or foreign person to develop weapons of mass destruction. (3) Definitions In this subsection: (A) Defense article; defense service The terms defense article defense service 22 U.S.C. 2794 (B) State sponsor of terrorism The term state sponsor of terrorism . (c) Arms Export Control Act Section 38(c) of the Arms Export Control Act ( 22 U.S.C. 2778(c) shall upon conviction be fined (1) subject to paragraph (2), be fined for each violation not more than $1,000,000 or imprisoned not more than 20 years, or both; and (2) be imprisoned not less than 5 years if the violation involves the export of defense articles or defense services to— (A) a state sponsor of terrorism (as defined in section 206(d)(3) of the International Emergency Economic Powers Act); (B) an organization designated as a foreign terrorist organization under section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) (C) a person on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury for an activity relating to support for international terrorism or the proliferation of weapons of mass destruction; or (D) any person in connection with a program of a foreign country or foreign person to develop weapons of mass destruction. . (d) Smuggling from the United States Section 554 (1) in subsection (a), by striking shall be fined (1) subject to paragraph (2), be fined under this title, imprisoned not more than 10 years, or both; and (2) be imprisoned not less than 5 years if the merchandise, article, or object— (A) is a defense article and was exported or sent, or was attempted to be exported or sent, to— (i) a state sponsor of terrorism; (ii) an organization designated as a foreign terrorist organization under section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) (iii) a person on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury for an activity relating to support for international terrorism or the proliferation of weapons of mass destruction; or (B) was exported or sent, or was attempted to be exported or sent, to any person in connection with a program of a foreign country or foreign person to develop weapons of mass destruction. ; and (2) by amending subsection (b) to read as follows: (b) Definitions In this section: (1) Defense article; defense service The terms defense article defense service 22 U.S.C. 2794 (2) State sponsor of terrorism The term state sponsor of terrorism . March 11, 2014 Reported with an amendment

Smarter Sentencing Act of 2014

Marine and Hydrokinetic Renewable Energy Act of 2014 - Title I: Marine and Hydrokinetic Renewable Energy Technologies - (Sec. 101) Amends the Energy Independence and Security Act of 2007 to redefine "marine and hydrokinetic renewable energy" to include all forms of energy (currently just electrical energy) from: (1) waves, tides, and currents in oceans, estuaries, and tidal areas; (2) free flowing water in rivers, lakes, and streams; (3) free flowing water in man-made channels; and (4) differentials in ocean temperature (ocean thermal energy conversion). (Sec. 102) Requires Department of Energy (DOE) to consult with the Federal Energy Regulatory Commission (FERC) in carrying out the program of research, development, demonstration, and commercial application to accelerate the introduction of marine and hydrokinetic renewable energy production. Requires DOE to prioritize fostering accelerated research, development, and commercialization of technology. Expands such program, including by: (1) incorporating technology development assistance to improve the components, processes, and systems used for power generation from marine and hydrokinetic renewable energy resources; (2) establishing critical testing infrastructure; (3) increasing the reliability and survivability of such technologies; and (4) supporting in-water technology development with international partners. (Sec. 103) Declares that the purposes of a National Marine Renewable Energy Research, Development, and Demonstration Center include: advance research, development, demonstration, and commercial application of marine and hydrokinetic renewable energy technologies; support of in-water testing and demonstration of such technologies; and service as an information clearinghouse on best practices for the marine and hydrokinetic renewable energy industry. (Sec. 104) Extends the authorization of funding for the program through FY2018. Title II: National Marine Renewable Energy Research, Development, and Demonstration Centers - (Sec. 201) Amends the Federal Power Act to authorize FERC to issue a pilot license to construct, operate, and maintain a hydrokinetic pilot project that meets specified criteria.

To promote research, development, and demonstration of marine and hydrokinetic renewable energy technologies, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Marine and Hydrokinetic Renewable Energy 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—Marine and hydrokinetic renewable energy technologies Sec. 101. Definition of marine and hydrokinetic renewable energy. Sec. 102. Marine and hydrokinetic renewable energy research and development. Sec. 103. National Marine Renewable Energy Research, Development, and Demonstration Centers. Sec. 104. Authorization of appropriations. TITLE II—Marine and hydrokinetic renewable energy regulatory efficiency Sec. 201. Marine and hydrokinetic renewable energy projects and facilities. I Marine and hy­dro­ki­net­ic renewable en­er­gy technologies 101. Definition of marine and hydrokinetic renewable energy Section 632 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17211 electrical 102. Marine and hydrokinetic renewable energy research and development Section 633 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17212 633. Marine and hydrokinetic renewable energy research and development The Secretary, in consultation with the Secretary of the Interior, the Secretary of Commerce, and the Federal Energy Regulatory Commission, shall carry out a program of research, development, demonstration, and commercial application to expand marine and hydrokinetic renewable energy production, including programs— (1) to assist technology development to improve the components, processes, and systems used for power generation from marine and hydrokinetic renewable energy resources; (2) to establish critical testing infrastructure necessary— (A) to cost effectively and efficiently test and prove marine and hydrokinetic renewable energy devices; and (B) to accelerate the technological readiness and commercialization of those devices; (3) to support efforts to increase the efficiency of energy conversion, lower the cost, increase the use, improve the reliability, and demonstrate the applicability of marine and hydrokinetic renewable energy technologies by participating in demonstration projects; (4) to investigate variability issues and the efficient and reliable integration of marine and hydrokinetic renewable energy with the utility grid; (5) to identify and study critical short- and long-term needs to create a sustainable marine and hydrokinetic renewable energy supply chain based in the United States; (6) to increase the reliability and survivability of marine and hydrokinetic renewable energy technologies, including development of corrosion-resistant and anti-fouling materials; (7) to verify the performance, reliability, maintainability, and cost of new marine and hydrokinetic renewable energy device designs and system components in an operating environment; (8) to coordinate and avoid duplication of activities across programs of the Department and other applicable Federal agencies, including National Laboratories; (9) to identify opportunities for joint research and development programs and development of economies of scale between— (A) marine and hydrokinetic renewable energy technologies; and (B) other renewable energy and fossil energy programs, offshore oil and gas production activities, and activities of the Department of Defense; and (10) to support in-water technology development with international partners using existing cooperative procedures (including memoranda of understanding)— (A) to allow cooperative funding and other support of value to be exchanged and leveraged; and (B) to encourage the participation of international research centers and companies in the United States and the participation of research centers and companies of the United States in international projects. . 103. National Marine Renewable Energy Research, Development, and Demonstration Centers Section 634 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17213 (b) Purposes The Centers (in coordination with the Department and National Laboratories) shall— (1) advance research, development, demonstration, and commercial application of marine and hydrokinetic renewable energy technologies; (2) support in-water testing and demonstration of marine and hydrokinetic renewable energy technologies, including facilities capable of testing— (A) marine and hydrokinetic renewable energy systems of various technology readiness levels and scales; (B) a variety of technologies in multiple test berths at a single location; and (C) arrays of technology devices; and (3) serve as information clearinghouses for the marine and hydrokinetic renewable energy industry by collecting and disseminating information on best practices in all areas relating to developing and managing marine and hydrokinetic renewable energy resources and energy systems. . 104. Authorization of appropriations Section 636 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17215 2008 through 2012 2014 through 2017 II Marine and hy­dro­ki­net­ic renewable en­er­gy regulatory efficiency 201. Marine and hydrokinetic renewable energy projects and facilities Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is amended by adding at the end the following: 34. Pilot license for marine and hydrokinetic renewable energy projects (a) Definition of hydrokinetic pilot project (1) In general In this section, the term hydrokinetic pilot project (A) waves, tides, or currents in an ocean, estuary, or tidal area; or (B) free-flowing water in a river, lake, or stream. (2) Exclusions The term hydrokinetic pilot project (b) Pilot licenses authorized The Commission may issue a pilot license to construct, operate, and maintain a hydrokinetic pilot project that meets the criteria listed in subsection (c). (c) License criteria The Commission may issue a pilot license for a hydrokinetic pilot project if the project— (1) will have an installed capacity of not more than 10 megawatts; (2) is for a term of not more than 10 years; (3) will not cause a significant adverse environmental impact or interfere with navigation; (4) is removable and can shut down on reasonable notice in the event of a significant adverse safety, navigation, or environmental impact; (5) can be removed, and the site can be restored, by the end of the license term, unless the project has obtained a new license or the Commission has determined, based on substantial evidence, that the project should not be removed because it would be preferable for environmental or other reasons not to; and (6) is primarily for the purpose of— (A) testing new hydrokinetic technologies; (B) locating appropriate sites for new hydrokinetic technologies; or (C) determining the environmental and other effects of a hydrokinetic technology. (d) Lead agency In carrying out this section, the Commission shall act as the lead agency— (1) to coordinate all applicable Federal authorizations; and (2) to comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (e) Schedule goals (1) In general Not later than 30 days after the date on which the Commission receives a completed application, and following consultation with Federal, State, and local agencies with jurisdiction over the hydrokinetic pilot project, the Commission shall develop and issue pilot license approval process scheduling goals that cover all Federal, State, and local permits required by law. (2) Compliance Applicable Federal, State, and local agencies shall comply with the goals established under paragraph (1) to the maximum extent practicable, consistent with applicable law. (3) 1-year goal It shall be the goal of the Commission and the other applicable agencies to complete the pilot license process by not later than 1 year after the date on which the Commission receives the completed application. (f) Size limitations (1) In general The Commission may grant a pilot license for a project located in the ocean if the project covers a surface area of not more than 1 square nautical mile. (2) Exception The Commission, at the discretion of the Commission and for good cause, may grant a pilot license for a project that covers a surface area of more than 1 square nautical mile. (3) Limitation For proposed projects located in an estuary, tidal area, river, lake, or stream, the Commission shall determine the size limit on a case-by-case basis, taking into account all relevant factors. (g) Extensions authorized On application by a project, the Commission may make a 1-time extension of a pilot license for a term not to exceed 5 years. . 1. Short title; table of contents (a) Short title This Act may be cited as the Marine and Hydrokinetic Renewable Energy Act of 2014 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Marine and hydrokinetic renewable energy technologies Sec. 101. Definition of marine and hydrokinetic renewable energy. Sec. 102. Marine and hydrokinetic renewable energy research and development. Sec. 103. National Marine Renewable Energy Research, Development, and Demonstration Centers. Sec. 104. Authorization of appropriations. TITLE II—Marine and hydrokinetic renewable energy regulatory efficiency Sec. 201. Marine and hydrokinetic renewable energy projects and facilities. I Marine and hydrokinetic renewable energy technologies 101. Definition of marine and hydrokinetic renewable energy Section 632 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17211 electrical 102. Marine and hydrokinetic renewable energy research and development Section 633 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17212 633. Marine and hydrokinetic renewable energy research and development The Secretary, in consultation with the Secretary of the Interior, the Secretary of Commerce, and the Federal Energy Regulatory Commission, shall carry out a program of research, development, demonstration, and commercial application to accelerate the introduction of marine and hydrokinetic renewable energy production into the United States energy supply, giving priority to fostering accelerated research, development, and commercialization of technology, including programs— (1) to assist technology development to improve the components, processes, and systems used for power generation from marine and hydrokinetic renewable energy resources; (2) to establish critical testing infrastructure necessary— (A) to cost effectively and efficiently test and prove marine and hydrokinetic renewable energy devices; and (B) to accelerate the technological readiness and commercialization of those devices; (3) to support efforts to increase the efficiency of energy conversion, lower the cost, increase the use, improve the reliability, and demonstrate the applicability of marine and hydrokinetic renewable energy technologies by participating in demonstration projects; (4) to investigate variability issues and the efficient and reliable integration of marine and hydrokinetic renewable energy with the utility grid; (5) to identify and study critical short- and long-term needs to create a sustainable marine and hydrokinetic renewable energy supply chain based in the United States; (6) to increase the reliability and survivability of marine and hydrokinetic renewable energy technologies; (7) to verify the performance, reliability, maintainability, and cost of new marine and hydrokinetic renewable energy device designs and system components in an operating environment; (8) to coordinate and avoid duplication of activities across programs of the Department and other applicable Federal agencies, including National Laboratories and to coordinate public-private collaboration in all programs under this section; (9) to identify opportunities for joint research and development programs and development of economies of scale between— (A) marine and hydrokinetic renewable energy technologies; and (B) other renewable energy and fossil energy programs, offshore oil and gas production activities, and activities of the Department of Defense; and (10) to support in-water technology development with international partners using existing cooperative procedures (including memoranda of understanding)— (A) to allow cooperative funding and other support of value to be exchanged and leveraged; and (B) to encourage the participation of international research centers and companies within the United States and the participation of United States research centers and companies in international projects. . 103. National Marine Renewable Energy Research, Development, and Demonstration Centers Section 634 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17213 (b) Purposes A Center (in coordination with the Department and National Laboratories) shall— (1) advance research, development, demonstration, and commercial application of marine and hydrokinetic renewable energy technologies; (2) support in-water testing and demonstration of marine and hydrokinetic renewable energy technologies, including facilities capable of testing— (A) marine and hydrokinetic renewable energy systems of various technology readiness levels and scales; (B) a variety of technologies in multiple test berths at a single location; and (C) arrays of technology devices; and (3) serve as information clearinghouses for the marine and hydrokinetic renewable energy industry by collecting and disseminating information on best practices in all areas relating to developing and managing marine and hydrokinetic renewable energy resources and energy systems. . 104. Authorization of appropriations Section 636 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17215 2008 through 2012 2015 through 2018 II Marine and hydrokinetic renewable energy regulatory efficiency 201. Marine and hydrokinetic renewable energy projects and facilities Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is amended by adding at the end the following: 34. Pilot license for marine and hydrokinetic renewable energy projects (a) Definition of hydrokinetic pilot project (1) In general In this section, the term hydrokinetic pilot project (A) waves, tides, or currents in an ocean, estuary, or tidal area; or (B) free-flowing water in a river, lake, or stream. (2) Exclusions The term hydrokinetic pilot project (b) Pilot licenses authorized The Commission may issue a pilot license to construct, operate, and maintain a hydrokinetic pilot project that meets the criteria listed in subsection (c). (c) License criteria The Commission may issue a pilot license for a hydrokinetic pilot project if the project— (1) will have an installed capacity of not more than 10 megawatts; (2) is for a term of not more than 10 years; (3) will not cause a significant adverse environmental impact or interfere with navigation; (4) is removable and can shut down on reasonable notice in the event of a significant adverse safety, navigation, or environmental impact; (5) can be removed, and the site can be restored, by the end of the license term, unless the project has obtained a new license or the Commission has determined, based on substantial evidence, that the project should not be removed because it would be preferable for environmental or other reasons not to; and (6) is primarily for the purpose of— (A) testing new hydrokinetic technologies, both single devices and in arrays of devices; (B) locating appropriate sites for new hydrokinetic technologies; or (C) determining the environmental and other effects of a hydrokinetic technology. (d) Lead agency In carrying out this section, the Commission shall act as the lead agency— (1) to coordinate all applicable Federal authorizations; and (2) to comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (e) Schedule goals (1) In general Not later than 30 days after the date on which the Commission receives a completed application, and following consultation with Federal, State, and local agencies with jurisdiction over the hydrokinetic pilot project, the Commission shall develop and issue pilot license approval process scheduling goals that cover all Federal, State, and local permits required by law. (2) Compliance Applicable Federal, State, and local agencies shall comply with the goals established under paragraph (1) to the maximum extent practicable, consistent with applicable law. (3) 1-year goal It shall be the goal of the Commission and the other applicable agencies to complete the pilot license process by not later than 1 year after the date on which the Commission receives the completed application. (f) Size limitation For proposed projects located in an estuary, tidal area, river, lake, or stream, the Commission shall determine the size limit on a case-by-case basis, taking into account all relevant factors. (g) Extensions authorized On application by a project, the Commission may make a 1-time extension of a pilot license for a term not to exceed 5 years. . December 10, 2014 Reported with an amendment

Marine and Hydrokinetic Renewable Energy Act of 2014

(This measure has not been amended since it was reported to the Senate on August 26, 2014. The summary of that version is repeated here.) New Mexico Navajo Water Settlement Technical Corrections Act - (Sec. 2) Amends the Omnibus Public Land Management Act of 2009 to expand the current authorization for the construction or rehabilitation and operation and maintenance of conjunctive use wells in the San Juan River Basin, Little Colorado River Basin, and Rio Grande Basin in New Mexico to include the planning and design of those wells. Revises the percentages of funds authorized for the Navajo-Gallup Water Supply Project, conjunctive use wells, and San Juan River Irrigation Projects that may be made available for specified purposes by: increasing from 2% to 4% the portion of funds that may be used for the survey, recovery, protection, preservation, and display of archaeological resources in the area of a Project facility or conjunctive use well; and decreasing from 4% to 2% the portion of funds that may be used for purchasing land and constructing and maintaining facilities to mitigate the loss of, and improve conditions for the propagation of, fish and wildlife. Makes technical corrections.

To make technical corrections to certain Native American water rights settlements in the State of New Mexico, and for other purposes. 1. Short title This Act may be cited as the “New Mexico Native American Water Settlements Technical Corrections Act”. 2. Taos Pueblo Indian water rights (a) Taos Pueblo Water Development Fund Section 505(f)(1) of the Taos Pueblo Indian Water Rights Settlement Act ( Public Law 111–291 , including reconstruction, replacement, rehabilitation, or repair, construction (b) Authorizations, ratifications, confirmations, and conditions precedent Section 509(c) of the Taos Pueblo Indian Water Rights Settlement Act ( Public Law 111–291 (1) in paragraph (1)(A), strike , for the period of fiscal years 2011 through 2016, (2) in paragraph (2)(A)(i), strike for the period of fiscal years 2011 through 2016 3. Aamodt litigation settlement (a) Aamodt settlement pueblos' fund Section 615(c)(7) of the Aamodt Litigation Settlement Act ( Public Law 111–291 (1) in subparagraph (A)(i), by striking section 617(c)(1) section 617(c)(1)(A) (2) in subparagraph (B), by striking section 617(c)(1) section 617(c)(1)(B) (b) Funding Section 617 of the Aamodt Litigation Settlement Act ( Public Law 111–291 (1) in subsection (a)(1)(A), by striking for the period of fiscal years 2011 through 2016, (2) in subsection (c)(1)(A), by striking for the period of fiscal years 2011 through 2015 4. Navajo water settlement Navajo Water Settlement Technical Corrections Act”. 2. Navajo water settlement (a) Definitions Section 10302 of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 407 (1) in paragraph (2), by striking Arrellano Arellano (2) in paragraph (27), by striking 75–185 75–184 (b) Delivery and use of Navajo-Gallup water supply project water Section 10603(c)(2)(A) of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 (1) in clause (i), by striking Article III(c) Articles III(c) (2) in clause (ii)(II), by striking Article III(c) Articles III(c) (c) Project contracts Section 10604(f)(1) of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 Project water (d) Authorization of appropriations Section 10609 of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 (1) in paragraphs (1) and (2) of subsection (b), by striking construction or rehabilitation planning, design, construction, rehabilitation, (2) in subsection (e)(1), by striking 2 percent 4 percent (3) in subsection (f)(1), by striking 4 percent 2 percent (e) Agreement Section 10701(e) of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 and Contract Amend the title so as to read: A bill to make technical corrections to the Navajo water rights settlement in the State of New Mexico, and for other purposes. August 26, 2014 Reported with an amendment and an amendment to the title

New Mexico Navajo Water Settlement Technical Corrections Act

Spokane Tribe of Indians of the Spokane Reservation Equitable Compensation Act - (Section 5) Establishes the Spokane Tribe of Indians Recovery Trust Fund. Directs the Secretary of the Treasury to deposit $53 million into the Fund. Requires payments from the Fund to the Spokane Business Council in compensation for the use of tribal lands for the generation of hydropower from the Grand Coulee Dam. (The Spokane Business Council is the Spokane Tribe's governing body.) Requires the Council to prepare a plan for the use of those payments to promote: (1) economic development; (2) infrastructure development; (3) educational, health, recreational, and social welfare objectives of the Tribe and its members; or (4) any combination of those activities. (Sec. 6) Directs the Bonneville Power Administration to make annual payments under the Colville Settlement Agreement to the Spokane Tribe. Requires the Administration to: (1) make commensurate cost reductions in expenditures on an annual basis to recover each payment to the Tribe, and (2) include any such cost reduction in its annual budget. (Sec. 7) Specifies the tax treatment of payments made to the Council or Tribe and the interest and income generated by those payments. (Sec. 9) Provides that the deposit of amounts in the Fund extinguishes all monetary claims that the Tribe may have against the United States to a fair share of the annual hydropower revenues generated by the Grand Coulee Dam project for the past and continued use of the Tribe's land to produce hydropower at Grand Coulee Dam. (Sec. 10) Declares that nothing in this Act establishes any precedent or is binding on the Southwestern Power Administration, Western Area Power Administration, or Southeastern Power Administration.

To provide for equitable compensation to the Spokane Tribe of Indians of the Spokane Reservation for the use of tribal land for the production of hydropower by the Grand Coulee Dam, and for other purposes. 1. Short title This Act may be cited as the Spokane Tribe of Indians of the Spokane Reservation Equitable Compensation Act 2. Findings Congress finds that— (1) from 1927 to 1931, at the direction of Congress, the Corps of Engineers investigated the Columbia River and its tributaries to determine sites at which power could be produced at low cost; (2) under section 10(e) of the Federal Power Act ( 16 U.S.C. 803(e) (3) in August 1933, the Columbia Basin Commission, an agency of the State of Washington, received a preliminary permit from the Federal Power Commission for water power development at the Grand Coulee site; (4) had the Columbia Basin Commission or a private entity developed the site, the Spokane Tribe would have been entitled to a reasonable annual charge for the use of the land of the Spokane Tribe; (5) in the mid-1930s, the Federal Government, which is not subject to licensing under the Federal Power Act ( 16 U.S.C. 792 et seq. (A) federalized the Grand Coulee Dam project; and (B) began construction of the Grand Coulee Dam; (6) when the Grand Coulee Dam project was federalized, the Federal Government recognized that— (A) development of the project affected the interests of the Spokane Tribe and the Confederated Tribes of the Colville Reservation; and (B) it would be appropriate for the Spokane and Colville Tribes to receive a share of revenue from the disposition of power produced at Grand Coulee Dam; (7) in the Act of June 29, 1940 ( 16 U.S.C. 835d et seq. (A) granted to the United States— (i) in aid of the construction, operation, and maintenance of the Columbia Basin Project, all the right, title, and interest of the Spokane Tribe and Colville Tribes in and to the tribal and allotted land within the Spokane and Colville Reservations, as designated by the Secretary of the Interior from time to time; and (ii) other interests in that land as required and as designated by the Secretary for certain construction activities undertaken in connection with the project; and (B) provided that compensation for the land and other interests was to be determined by the Secretary in such amounts as the Secretary determined to be just and equitable; (8) pursuant to that Act, the Secretary paid— (A) to the Spokane Tribe, $4,700; and (B) to the Confederated Tribes of the Colville Reservation, $63,000; (9) in 1994, following litigation under the Act of August 13, 1946 (commonly known as the Indian Claims Commission Act 25 U.S.C. 70 et seq. (A) for past use of the land of the Colville Tribes, a payment of $53,000,000; and (B) for continued use of the land of the Colville Tribes, annual payments of $15,250,000, adjusted annually based on revenues from the sale of electric power from the Grand Coulee Dam project and transmission of that power by the Bonneville Power Administration; (10) the Spokane Tribe, having suffered harm similar to that suffered by the Colville Tribes, did not file a claim within the 5-year statute of limitations under the Indian Claims Commission Act; (11) neither the Colville Tribes nor the Spokane Tribe filed claims for compensation for use of the land of the respective Tribes with the Commission prior to August 13, 1951, but both Tribes filed unrelated land claims prior to August 13, 1951; (12) in 1976, over objections by the United States, the Colville Tribes were successful in amending the 1951 Claims Commission land claims to add the Grand Coulee claim of the Colville Tribes; (13) the Spokane Tribe had no such claim to amend, having settled the Claims Commission land claims of the Spokane Tribe with the United States in 1967; (14) the Spokane Tribe has suffered significant harm from the construction and operation of Grand Coulee Dam; (15) Spokane tribal acreage taken by the United States for the construction of Grand Coulee Dam equaled approximately 39 percent of Colville tribal acreage taken for construction of the dam; (16) the payments and delegation made pursuant to this Act constitute fair and equitable compensation for the past and continued use of Spokane tribal land for the production of hydropower at Grand Coulee Dam; and (17) by vote of the Spokane tribal membership, the Spokane Tribe has resolved that the payments and delegation made pursuant to this Act constitute fair and equitable compensation for the past and continued use of Spokane tribal land for the production of hydropower at Grand Coulee Dam. 3. Purpose The purpose of this Act is to provide fair and equitable compensation to the Spokane Tribe for the use of the land of the Spokane Tribe for the generation of hydropower by the Grand Coulee Dam. 4. Definitions In this Act: (1) Administrator The term Administrator (2) Colville Settlement Agreement The term Colville Settlement Agreement (3) Colville Tribes The term Colville Tribes (4) Computed Annual Payment The term Computed Annual Payment (5) Confederated Tribes Act The term Confederated Tribes Act Public Law 103–436 (6) Fund The term Fund (7) Secretary The term Secretary (8) Spokane Business Council The term Spokane Business Council (9) Spokane Tribe The term Spokane Tribe 5. Spokane Tribe of Indians Recovery Trust Fund (a) Establishment of fund There is established in the Treasury of the United States a separate account to be known as the Spokane Tribe of Indians Recovery Trust Fund (1) amounts deposited in the Fund under subsection (b); and (2) any interest earned on investment of amounts in the Fund. (b) Deposits On October 1 of the first fiscal year after the date of enactment of this Act, the Secretary of the Treasury shall, from the general fund of the Treasury, deposit in the Fund $53,000,000. (c) Maintenance and investment of Fund The Fund shall be maintained and invested by the Secretary in accordance with the Act of June 24, 1938 (25 U.S.C. 162a). (d) Payments to the Spokane Tribe (1) In general At any time after the date on which the Spokane Business Council has adopted a plan described in subsection (e) and after amounts are deposited in the Fund, the Spokane Business Council may request that all or a portion of the amounts in the Fund be disbursed to the Spokane Tribe by submitting to the Secretary written notice of the adoption by the Spokane Business Council of a resolution requesting the disbursement. (2) Payment Not later than 60 days after the date on which the Secretary receives notice under paragraph (1), the Secretary shall disburse the amounts requested from the Fund to the Spokane Tribe. (e) Plan (1) In general Not later than 18 months after the date of enactment of this Act, the Spokane Business Council shall prepare a plan that describes the manner in which the Spokane Tribe intends to use amounts received under subsection (d) to promote— (A) economic development; (B) infrastructure development; (C) educational, health, recreational, and social welfare objectives of the Spokane Tribe and the members of the Spokane Tribe; or (D) any combination of the activities described in subparagraphs (A) through (C). (2) Review and revision (A) In general The Spokane Business Council shall make available to the members of the Spokane Tribe for review and comment a copy of the plan before the date on which the plan is final, in accordance with procedures established by the Spokane Business Council. (B) Updates The Spokane Business Council may update the plan on an annual basis, subject to the condition that the Spokane Business Council provides the members of the Spokane Tribe an opportunity to review and comment on the updated plan. 6. Payments by Administrator (a) Initial payment On March 1, 2014, the Administrator shall pay to the Spokane Tribe an amount equal to 25 percent of the Computed Annual Payment for fiscal year 2013. (b) Subsequent payments (1) In general Not later than March 1, 2015, and March 1 of each year thereafter through March 1, 2023, the Administrator shall pay the Spokane Tribe an amount equal to 25 percent of the Computed Annual Payment for the preceding fiscal year. (2) March 1, 2024, and subsequent years Not later than March 1, 2024, and March 1 of each year thereafter, the Administrator shall pay the Spokane Tribe an amount equal to 32 percent of the Computed Annual Payment for the preceding fiscal year. 7. Treatment after amounts are paid (a) Use of payments Payments made to the Spokane Business Council or Spokane Tribe under section 5 or 6 may be used or invested by the Spokane Business Council in the same manner and for the same purposes as other Spokane Tribe governmental amounts. (b) No trust responsibility of the Secretary Neither the Secretary nor the Administrator shall have any trust responsibility for the investment, supervision, administration, or expenditure of any amounts after the date on which the funds are paid to the Spokane Business Council or Spokane Tribe under section 5 or 6. (c) Treatment of funds for certain purposes The payments of all amounts to the Spokane Business Council and Spokane Tribe under sections 5 and 6, and the interest and income generated by those amounts, shall be treated in the same manner as payments under section 6 of the Saginaw Chippewa Indian Tribe of Michigan Distribution of Judgment Funds Act (100 Stat. 677). (d) Tribal audit After the date on which amounts are paid to the Spokane Business Council or Spokane Tribe under section 5 or 6, the amounts shall— (1) constitute Spokane Tribe governmental amounts; and (2) be subject to an annual tribal government audit. 8. Repayment credit (a) In general The Administrator shall deduct from the interest payable to the Secretary of the Treasury from net proceeds (as defined in section 13 of the Federal Columbia River Transmission System Act ( 16 U.S.C. 838k (1) in fiscal year 2023, $2,700,000; and (2) in each subsequent fiscal year in which the Administrator makes a payment under section 6, $2,700,000. (b) Crediting (1) In general Except as provided in paragraphs (2) and (3), each deduction made under this section for the fiscal year shall be— (A) a credit to the interest payments otherwise payable by the Administrator to the Secretary of the Treasury during the fiscal year in which the deduction is made; and (B) allocated pro rata to all interest payments on debt associated with the generation function of the Federal Columbia River Power System that are due during the fiscal year. (2) Deduction greater than amount of interest If, in an applicable fiscal year under paragraph (1), the deduction is greater than the amount of interest due on debt associated with the generation function for the fiscal year, the amount of the deduction that exceeds the interest due on debt associated with the generation function shall be allocated pro rata to all other interest payments due during the fiscal year. (3) Credit To the extent that a deduction exceeds the total amount of interest described in paragraphs (1) and (2), the deduction shall be applied as a credit against any other payments that the Administrator makes to the Secretary of the Treasury. 9. Extinguishment of claims On the deposit of amounts in the Fund under section 5, all monetary claims that the Spokane Tribe has or may have against the United States to a fair share of the annual hydropower revenues generated by the Grand Coulee Dam project for the past and continued use of land of the Spokane Tribe for the production of hydropower at Grand Coulee Dam shall be extinguished. 10. Administration Nothing in this Act establishes any precedent or is binding on the Southwestern Power Administration, Western Area Power Administration, or Southeastern Power Administration. 1. Short title This Act may be cited as the Spokane Tribe of Indians of the Spokane Reservation Equitable Compensation Act 2. Findings Congress finds that— (1) from 1927 to 1931, at the direction of Congress, the Corps of Engineers investigated the Columbia River and its tributaries to determine sites at which power could be produced at low cost; (2) under section 10(e) of the Federal Power Act ( 16 U.S.C. 803(e) (3) in August 1933, the Columbia Basin Commission, an agency of the State of Washington, received a preliminary permit from the Federal Power Commission for water power development at the Grand Coulee site; (4) had the Columbia Basin Commission or a private entity developed the site, the Spokane Tribe would have been entitled to a reasonable annual charge for the use of the land of the Spokane Tribe; (5) in the mid-1930s, the Federal Government, which is not subject to licensing under the Federal Power Act ( 16 U.S.C. 792 et seq. (A) federalized the Grand Coulee Dam project; and (B) began construction of the Grand Coulee Dam; (6) when the Grand Coulee Dam project was federalized, the Federal Government recognized that— (A) development of the project affected the interests of the Spokane Tribe and the Confederated Tribes of the Colville Reservation; and (B) it would be appropriate for the Spokane and Colville Tribes to receive a share of revenue from the disposition of power produced at Grand Coulee Dam; (7) in the Act of June 29, 1940 ( 16 U.S.C. 835d et seq. (A) granted to the United States— (i) in aid of the construction, operation, and maintenance of the Columbia Basin Project, all the right, title, and interest of the Spokane Tribe and Colville Tribes in and to the tribal and allotted land within the Spokane and Colville Reservations, as designated by the Secretary of the Interior from time to time; and (ii) other interests in that land as required and as designated by the Secretary for certain construction activities undertaken in connection with the project; and (B) provided that compensation for the land and other interests was to be determined by the Secretary in such amounts as the Secretary determined to be just and equitable; (8) pursuant to that Act, the Secretary paid— (A) to the Spokane Tribe, $4,700; and (B) to the Confederated Tribes of the Colville Reservation, $63,000; (9) in 1994, following litigation under the Act of August 13, 1946 (commonly known as the Indian Claims Commission Act 25 U.S.C. 70 et seq. (A) for past use of the land of the Colville Tribes, a payment of $53,000,000; and (B) for continued use of the land of the Colville Tribes, annual payments of $15,250,000, adjusted annually based on revenues from the sale of electric power from the Grand Coulee Dam project and transmission of that power by the Bonneville Power Administration; (10) the Spokane Tribe, having suffered harm similar to that suffered by the Colville Tribes, did not file a claim within the 5-year statute of limitations under the Indian Claims Commission Act; (11) neither the Colville Tribes nor the Spokane Tribe filed claims for compensation for use of the land of the respective Tribes with the Commission prior to August 13, 1951, but both Tribes filed unrelated land claims prior to August 13, 1951; (12) in 1976, over objections by the United States, the Colville Tribes were successful in amending the 1951 Claims Commission land claims to add the Grand Coulee claim of the Colville Tribes; (13) the Spokane Tribe had no such claim to amend, having settled the Claims Commission land claims of the Spokane Tribe with the United States in 1967; (14) the Spokane Tribe has suffered significant harm from the construction and operation of Grand Coulee Dam; (15) Spokane tribal acreage taken by the United States for the construction of Grand Coulee Dam equaled approximately 39 percent of Colville tribal acreage taken for construction of the dam; (16) the payments and delegation made pursuant to this Act constitute fair and equitable compensation for the past and continued use of Spokane tribal land for the production of hydropower at Grand Coulee Dam; and (17) by vote of the Spokane tribal membership, the Spokane Tribe has resolved that the payments and delegation made pursuant to this Act constitute fair and equitable compensation for the past and continued use of Spokane tribal land for the production of hydropower at Grand Coulee Dam. 3. Purpose The purpose of this Act is to provide fair and equitable compensation to the Spokane Tribe for the use of the land of the Spokane Tribe for the generation of hydropower by the Grand Coulee Dam. 4. Definitions In this Act: (1) Administrator The term Administrator (2) Colville Settlement Agreement The term Colville Settlement Agreement (3) Colville Tribes The term Colville Tribes (4) Computed Annual Payment The term Computed Annual Payment (5) Confederated Tribes Act The term Confederated Tribes Act Public Law 103–436 (6) Fund The term Fund (7) Secretary The term Secretary (8) Spokane Business Council The term Spokane Business Council (9) Spokane Tribe The term Spokane Tribe 5. Spokane Tribe of Indians Recovery Trust Fund (a) Establishment of fund There is established in the Treasury of the United States a separate account to be known as the Spokane Tribe of Indians Recovery Trust Fund (1) amounts deposited in the Fund under subsection (b); and (2) any interest earned on investment of amounts in the Fund. (b) Deposits On October 1 of the first fiscal year after the date of enactment of this Act, the Secretary of the Treasury shall, from the general fund of the Treasury, deposit in the Fund $53,000,000. (c) Maintenance and investment of Fund The Fund shall be maintained and invested by the Secretary in accordance with the Act of June 24, 1938 (25 U.S.C. 162a). (d) Payments to the Spokane Tribe (1) In general At any time after the date on which the Spokane Business Council has adopted a plan described in subsection (e) and after amounts are deposited in the Fund, the Spokane Business Council may request that all or a portion of the amounts in the Fund be disbursed to the Spokane Tribe by submitting to the Secretary written notice of the adoption by the Spokane Business Council of a resolution requesting the disbursement. (2) Payment Not later than 60 days after the date on which the Secretary receives notice under paragraph (1), the Secretary shall disburse the amounts requested from the Fund to the Spokane Tribe. (e) Plan (1) In general Not later than 18 months after the date of enactment of this Act, the Spokane Business Council shall prepare a plan that describes the manner in which the Spokane Tribe intends to use amounts received under subsection (d) to promote— (A) economic development; (B) infrastructure development; (C) educational, health, recreational, and social welfare objectives of the Spokane Tribe and the members of the Spokane Tribe; or (D) any combination of the activities described in subparagraphs (A) through (C). (2) Review and revision (A) In general The Spokane Business Council shall make available to the members of the Spokane Tribe for review and comment a copy of the plan before the date on which the plan is final, in accordance with procedures established by the Spokane Business Council. (B) Updates The Spokane Business Council may update the plan on an annual basis, subject to the condition that the Spokane Business Council provides the members of the Spokane Tribe an opportunity to review and comment on the updated plan. 6. Payments by Administrator (a) Initial payment On March 1, 2014, the Administrator shall pay to the Spokane Tribe an amount equal to 25 percent of the Computed Annual Payment for fiscal year 2013. (b) Subsequent payments (1) In general Not later than March 1, 2015, and March 1 of each year thereafter through March 1, 2023, the Administrator shall pay the Spokane Tribe an amount equal to 25 percent of the Computed Annual Payment for the preceding fiscal year. (2) March 1, 2024, and subsequent years Not later than March 1, 2024, and March 1 of each year thereafter, the Administrator shall pay the Spokane Tribe an amount equal to 32 percent of the Computed Annual Payment for the preceding fiscal year. (c) Payment recovery (1) In general In accordance with the payment schedule in subsection (b), the Administrator shall make commensurate cost reductions in expenditures on an annual basis to recover each payment to the Tribe. (2) Annual budget The Administrator shall include any cost reduction under paragraph (1) in the annual budget of the Administrator submitted to Congress. 7. Treatment after amounts are paid (a) Use of payments Payments made to the Spokane Business Council or Spokane Tribe under section 5 or 6 may be used or invested by the Spokane Business Council in the same manner and for the same purposes as other Spokane Tribe governmental amounts. (b) No trust responsibility of the Secretary Neither the Secretary nor the Administrator shall have any trust responsibility for the investment, supervision, administration, or expenditure of any amounts after the date on which the funds are paid to the Spokane Business Council or Spokane Tribe under section 5 or 6. (c) Treatment of funds for certain purposes The payments of all amounts to the Spokane Business Council and Spokane Tribe under sections 5 and 6, and the interest and income generated by those amounts, shall be treated in the same manner as payments under section 6 of the Saginaw Chippewa Indian Tribe of Michigan Distribution of Judgment Funds Act (100 Stat. 677). (d) Tribal audit After the date on which amounts are paid to the Spokane Business Council or Spokane Tribe under section 5 or 6, the amounts shall— (1) constitute Spokane Tribe governmental amounts; and (2) be subject to an annual tribal government audit. 8. Repayment credit (a) In general The Administrator shall deduct from the interest payable to the Secretary of the Treasury from net proceeds (as defined in section 13 of the Federal Columbia River Transmission System Act ( 16 U.S.C. 838k (1) in fiscal year 2024, $2,700,000; and (2) in each subsequent fiscal year in which the Administrator makes a payment under section 6, $2,700,000. (b) Crediting (1) In general Except as provided in paragraphs (2) and (3), each deduction made under this section for the fiscal year shall be— (A) a credit to the interest payments otherwise payable by the Administrator to the Secretary of the Treasury during the fiscal year in which the deduction is made; and (B) allocated pro rata to all interest payments on debt associated with the generation function of the Federal Columbia River Power System that are due during the fiscal year. (2) Deduction greater than amount of interest If, in an applicable fiscal year under paragraph (1), the deduction is greater than the amount of interest due on debt associated with the generation function for the fiscal year, the amount of the deduction that exceeds the interest due on debt associated with the generation function shall be allocated pro rata to all other interest payments due during the fiscal year. (3) Credit To the extent that a deduction exceeds the total amount of interest described in paragraphs (1) and (2), the deduction shall be applied as a credit against any other payments that the Administrator makes to the Secretary of the Treasury. 9. Extinguishment of claims On the deposit of amounts in the Fund under section 5, all monetary claims that the Spokane Tribe has or may have against the United States to a fair share of the annual hydropower revenues generated by the Grand Coulee Dam project for the past and continued use of land of the Spokane Tribe for the production of hydropower at Grand Coulee Dam shall be extinguished. 10. Administration Nothing in this Act establishes any precedent or is binding on the Southwestern Power Administration, Western Area Power Administration, or Southeastern Power Administration. June 26, 2014 Reported with an amendment

Spokane Tribe of Indians of the Spokane Reservation Equitable Compensation Act

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Lake Tahoe Restoration Act of 2013 - Reauthorizes the Lake Tahoe Restoration Act. (Sec. 2) Revises the purposes of the Act. (Sec. 4) Requires the Lake Tahoe Basin Management Unit to: (1) manage vehicular parking and traffic in the Unit with priority given to improving public access to the Basin, coordinating with the Nevada Department of Transportation, Caltrans, state parks and other entities along Nevada highway 28 and California Highway 89, and providing support to local public transit systems in the management and operations of activities under such Act; and (2) support the attainment of the environmental threshold carrying capacities. Authorizes the Secretary of Agriculture (USDA), acting through the Chief of the U.S. Forest Service, to enter into a contract or agreement with the Department of Transportation (DOT) to secure operating and capital funds from the National Forest Transit Program. Requires the Secretary, acting through the Chief, to: (1) conduct forest management activities in the Basin in a manner that helps achieve and maintain the environmental threshold carrying capacities established by the Tahoe Regional Planning Agency (TRPA) and attains multiple ecosystem benefits, unless the attainment of such benefits would excessively increase project costs in relation to the additional benefits gained; (2) establish post-project ground condition criteria for ground disturbance caused by forest management activities; and (3) provide for monitoring to ascertain the attainment of such conditions. Withdraws federal land located in the Unit 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. Exempts from such withdrawal a conveyance of land that is carried out under the Lake Tahoe Restoration Act or the Santini-Burton Act. Authorizes the Secretary, in conjunction with land adjustment projects or programs and during the four fiscal years following this Act's enactment, to enter into contracts and cooperative agreements with entities to provide for fuel reduction, erosion control, reforestation, Stream Environmental Zone restoration, and similar management activities on land within such projects or programs. (Sec. 5) Revises consultation requirements by requiring the Secretary, the Administrator of the Environmental Protection Agency (EPA), the Director of the U.S. Fish and Wildlife Service (USFWS), and the Director of the United States Geological Survey (USGS) to consult with the heads of the Washoe Tribe, governmental agencies, and the Lake Tahoe Federal Advisory Committee (currently TRPA, the Tahoe Federal Interagency Partnership, the Lake Tahoe Basin Federal Advisory Committee, representatives of the Unit, and the Lake Tahoe Transportation and Water Quality Coalition). (Sec. 6) Authorizes the Secretary, the Assistant Secretary of the Army for Civil Works, the Directors, and the Administrator to implement or provide financial assistance for stormwater and watershed restoration projects, wildfire prevention and fire restoration projects, the Aquatic Invasive Species Program, the Lahontan Cutthroat Trout Recovery Program, the Lake Tahoe Basin Program, and projects included in the prioritized list that have been subjected to environmental review and approval under federal and state law and the Tahoe Regional Planning Compact. Authorizes funding for the projects as well as for outreach, reporting requirements, the annual budget plan, and for the California Tahoe Conservancy to facilitate the conveyance of land described in the Santini-Burton Act. (Sec. 7) Requires the Chair of the Lake Tahoe Federal Interagency Partnership to submit to Congress by February 15 of the year after this Act's enactment a prioritized list of all the Environmental Improvement Program (EIP) projects for the Basin. Requires the priority of projects included on the list to be based on the best available science and on specified criteria, with preference given to projects that benefit existing neighborhoods in the Basin that are at or below regional median income levels. Requires the list to be revised every two years or on a finding of compelling need justifying a priority shift. Requires the USFWS to deploy strategies consistent with the Lake Tahoe Aquatic Invasive Species Management Plan to prevent the introduction of aquatic invasive species into the Basin. Applies those strategies to all watercraft to be launched on water within the Basin. Authorizes the TRPA to certify state and local agencies to perform decontamination activities at locations outside the Basin if standards at the sites meet or exceed standards for similar sites in the Basin. Authorizes the strategies to be modified if the Secretary of the Interior issues a determination that alternative measures will be no less effective at preventing the introduction of aquatic invasive species into Lake Tahoe. Authorizes the USFWS to collect and spend fees for decontamination only at a level sufficient to cover the costs of operation of inspection and decontamination stations. Sets forth civil penalties for launching watercraft not in compliance with such strategies. Authorizes the Assistant Secretary of the Army for Civil Works to enter into interagency agreements with nonfederal interests in the Basin to use Lake Tahoe Partnership-Miscellaneous General Investigations funds to provide programmatic technical assistance for EIP. Requires the Secretary, the Administrator, the TRPA, California, Nevada, and the Tahoe Science Consortium to implement a Lake Tahoe Basin Science Program that includes: developing and updating an integrated multiagency programmatic assessment and monitoring plan to evaluate the effectiveness of EIP and the status and trends of indicators related to environmental threshold carrying capacities and to assess the impacts and risks of changing water temperature and precipitation and invasive species; producing and synthesizing scientific information necessary for the identification and refinement of environmental indicators for the Basin and the evaluation of standards and benchmarks; conducting applied research, programmatic technical assessments, scientific data management, analysis, and reporting related to key management questions; developing new tools and information to support objective assessments for land use and resource conditions; providing support to governments in reducing pollutants that contribute to the loss of lake clarity and implementing an integrated stormwater monitoring assessment program; and providing support for the development of management strategies to accommodate changing water temperature and precipitation in the Basin. Requires the Secretary, Administrator, and Directors to conduct related public education and outreach programs. Requires USGS to provide scientific and technical guidance to the public outreach and education programs. Requires the Secretary to report to Congress on the status of projects authorized by this Act, expenditures to implement EIP and projects authorized under this Act, accomplishments in implementing this Act, and public education and outreach efforts undertaken to implement programs and projects. Requires the President, as part of the annual budget, to submit information regarding each federal agency involved in EIP. (Sec. 9) Authorizes appropriations for such Act for a period of 10 fiscal years beginning the first fiscal year after enactment of this Act. (Sec. 10) Authorizes the Secretary: (1) to accept a donation of approximately 1,981 acres of land administered by the California Tahoe Conservancy and approximately 187 acres of land administered by California State Parks; and (2) after receiving the title to those acres, to convey to California approximately 1,995 acres of Forest Service land.

To provide for environmental restoration activities and forest management activities in the Lake Tahoe Basin, to amend title 18, United States Code, to prohibit the importation or shipment of quagga mussels, and for other purposes. 1. Short title This Act may be cited as the Lake Tahoe Restoration Act of 2013 2. Findings and purposes The Lake Tahoe Restoration Act ( Public Law 106–506 2. Findings and purposes (a) Findings Congress finds that— (1) Lake Tahoe— (A) is one of the largest, deepest, and clearest lakes in the world; (B) has a cobalt blue color, a biologically diverse alpine setting, and remarkable water clarity; and (C) is recognized nationally and worldwide as a natural resource of special significance; (2) in addition to being a scenic and ecological treasure, the Lake Tahoe Basin is one of the outstanding recreational resources of the United States, which— (A) offers skiing, water sports, biking, camping, and hiking to millions of visitors each year; and (B) contributes significantly to the economies of California, Nevada, and the United States; (3) the economy in the Lake Tahoe Basin is dependent on the protection and restoration of the natural beauty and recreation opportunities in the area; (4) the Lake Tahoe Basin continues to be threatened by the impacts of land use and transportation patterns developed in the last century that damage the fragile watershed of the Basin; (5) the water clarity of Lake Tahoe declined from a visibility level of 105 feet in 1967 to only 70 feet in 2008; (6) the rate of decline in water clarity of Lake Tahoe has decreased in recent years; (7) a stable water clarity level for Lake Tahoe could be achieved through feasible control measures for very fine sediment particles and nutrients; (8) fine sediments that cloud Lake Tahoe, and key nutrients such as phosphorus and nitrogen that support the growth of algae and invasive plants, continue to flow into the lake from stormwater runoff from developed areas, roads, turf, other disturbed land, and streams; (9) the destruction and alteration of wetland, wet meadows, and stream zone habitat have compromised the natural capacity of the watershed to filter sediment, nutrients, and pollutants before reaching Lake Tahoe; (10) approximately 25 percent of the trees in the Lake Tahoe Basin are either dead or dying; (11) forests in the Tahoe Basin suffer from over a century of fire suppression and periodic drought, which have resulted in— (A) high tree density and mortality; (B) the loss of biological diversity; and (C) a large quantity of combustible forest fuels, which significantly increases the threat of catastrophic fire and insect infestation; (12) the establishment of several aquatic and terrestrial invasive species (including perennial pepperweed, milfoil, and Asian clam) threatens the ecosystem of the Lake Tahoe Basin; (13) there is an ongoing threat to the Lake Tahoe Basin of the introduction and establishment of other invasive species (such as yellow starthistle, New Zealand mud snail, and quagga mussel); (14) the report prepared by the University of California, Davis, entitled the State of the Lake Report (A) the average surface water temperature of Lake Tahoe has risen by more than 1.2 degrees Fahrenheit in the past 43 years; (B) since 1910, the percent of precipitation that has fallen as snow in the Lake Tahoe Basin decreased from 51 percent to 35.5 percent; and (C) daily air temperatures have increased by more than 4 degrees Fahrenheit and the trend in daily maximum temperature has risen by approximately 2 degrees Fahrenheit; (15) 75 percent of the land in the Lake Tahoe Basin is owned by the Federal Government, which makes it a Federal responsibility to restore environmental health to the Basin; (16) the Federal Government has a long history of environmental preservation at Lake Tahoe, including— (A) congressional consent to the establishment of the Tahoe Regional Planning Agency with— (i) the enactment in 1969 of Public Law 91–148 (ii) the enactment in 1980 of Public Law 96–551 (B) the establishment of the Lake Tahoe Basin Management Unit in 1973; (C) the enactment of Public Law 96–586 (D) the enactment of sections 341 and 342 of the Department of the Interior and Related Agencies Appropriations Act, 2004 ( Public Law 108–108 (E) the enactment of section 382 of the Tax Relief and Health Care Act of 2006 (Public Law 109–432; 120 Stat. 3045), which amended the Southern Nevada Public Land Management Act of 1998 ( Public Law 105–263 (17) the Assistant Secretary of the Army for Civil Works was an original signatory in 1997 to the Agreement of Federal Departments on Protection of the Environment and Economic Health of the Lake Tahoe Basin; (18) the Chief of Engineers, under direction from the Assistant Secretary of the Army for Civil Works, has continued to be a significant contributor to Lake Tahoe Basin restoration, including— (A) stream and wetland restoration; (B) urban stormwater conveyance and treatment; and (C) programmatic technical assistance; (19) at the Lake Tahoe Presidential Forum in 1997, the President renewed the commitment of the Federal Government to Lake Tahoe by— (A) committing to increased Federal resources for environmental restoration at Lake Tahoe; and (B) establishing the Federal Interagency Partnership and Federal Advisory Committee to consult on natural resources issues concerning the Lake Tahoe Basin; (20) at the 2011 and 2012 Lake Tahoe Forums, Senator Reid, Senator Feinstein, Senator Heller, Senator Ensign, Governor Gibbons, Governor Sandoval, and Governor Brown— (A) renewed their commitment to Lake Tahoe; and (B) expressed their desire to fund the Federal and State shares of the Environmental Improvement Program through 2022; (21) since 1997, the Federal Government, the States of California and Nevada, units of local government, and the private sector have contributed more than $1,620,000,000 to the Lake Tahoe Basin, including— (A) $521,100,000 from the Federal Government; (B) $636,200,000 from the State of California; (C) $101,400,000 from the State of Nevada; (D) $68,200,000 from units of local government; and (E) $299,600,000 from private interests; (22) significant additional investment from Federal, State, local, and private sources is necessary— (A) to restore and sustain the environmental health of the Lake Tahoe Basin; (B) to adapt to the impacts of changing water temperature and precipitation; and (C) to protect the Lake Tahoe Basin from the introduction and establishment of invasive species; and (23) the Secretary has indicated that the Lake Tahoe Basin Management Unit has the capacity for at least $10,000,000 for the Fire Risk Reduction and Forest Management Program. (b) Purposes The purposes of this Act are— (1) to enable the Chief of the Forest Service, the Director of the United States Fish and Wildlife Service, and the Administrator of the Environmental Protection Agency, in cooperation with the Planning Agency and the States of California and Nevada, to fund, plan, and implement significant new environmental restoration activities and forest management activities to address in the Lake Tahoe Basin the issues described in paragraphs (4) through (14) of subsection (a); (2) to ensure that Federal, State, local, regional, tribal, and private entities continue to work together to manage land in the Lake Tahoe Basin and to coordinate on other activities in a manner that supports achievement and maintenance of— (A) the environmental threshold carrying capacities for the region; and (B) other applicable environmental standards and objectives; (3) to support local governments in efforts related to environmental restoration, stormwater pollution control, fire risk reduction, and forest management activities; and (4) to ensure that agency and science community representatives in the Lake Tahoe Basin work together— (A) to develop and implement a plan for integrated monitoring, assessment, and applied research to evaluate the effectiveness of the Environmental Improvement Program; and (B) to provide objective information as a basis for ongoing decisionmaking, with an emphasis on decisionmaking relating to public and private land use and resource management in the Basin. . 3. Definitions The Lake Tahoe Restoration Act (Public Law 106–506; 114 Stat. 2351) is amended by striking section 3 and inserting the following: 3. Definitions In this Act: (1) Administrator The term Administrator (2) Assistant secretary The term Assistant Secretary (3) Chair The term Chair (4) Compact The term Compact Public Law 96–551 (5) Directors The term Directors (A) the Director of the United States Fish and Wildlife Service; and (B) the Director of the United States Geological Survey. (6) Environmental improvement program The term Environmental Improvement Program (A) the Environmental Improvement Program adopted by the Planning Agency; and (B) any amendments to the Program. (7) Environmental threshold carrying capacity The term environmental threshold carrying capacity (8) Federal partnership The term Federal Partnership (9) Forest management activity The term forest management activity (A) prescribed burning for ecosystem health and hazardous fuels reduction; (B) mechanical and minimum tool treatment; (C) road decommissioning or reconstruction; (D) stream environment zone restoration and other watershed and wildlife habitat enhancements; (E) nonnative invasive species management; and (F) other activities consistent with Forest Service practices, as the Secretary determines to be appropriate. (10) Maps The term Maps (A) entitled— (i) LTRA USFS-CA Land Exchange/North Shore (ii) USFS-CA Land Exchange/West Shore (iii) USFS-CA Land Exchange/South Shore (B) dated April 12, 2013, and on file and available for public inspection in the appropriate offices of— (i) the Forest Service; (ii) the California Tahoe Conservancy; and (iii) the California Department of Parks and Recreation. (11) National wildland fire code The term national wildland fire code (A) the most recent publication of the National Fire Protection Association codes numbered 1141, 1142, 1143, and 1144; (B) the most recent publication of the International Wildland-Urban Interface Code of the International Code Council; or (C) any other code that the Secretary determines provides the same, or better, standards for protection against wildland fire as a code described in subparagraph (A) or (B). (12) Planning agency The term Planning Agency Public Law 91–148 Public Law 96–551 (13) Priority list The term Priority List (14) Secretary The term Secretary (15) Stream Environment Zone The term Stream Environment Zone (16) Total maximum daily load The term total maximum daily load 33 U.S.C. 1313(d) (17) Watercraft The term watercraft . 4. Administration of the lake tahoe basin management unit Section 4 of the Lake Tahoe Restoration Act ( Public Law 106–506 (1) in subsection (b)(3), by striking basin Basin (2) by adding at the end the following: (c) Transit (1) In general The Lake Tahoe Basin Management Unit shall, consistent with the regional transportation plan adopted by the Planning Agency, manage vehicular parking and traffic in the Lake Tahoe Basin Management Unit, with priority given— (A) to improving public access to the Lake Tahoe Basin, including the prioritization of alternatives to the private automobile, consistent with the requirements of the Compact; (B) to coordinating with the Nevada Department of Transportation, Caltrans, State parks, and other entities along Nevada Highway 28 and California Highway 89; and (C) to providing support and assistance to local public transit systems in the management and operations of activities under this subsection. (2) National forest transit program Consistent with the support and assistance provided under paragraph (1)(C), the Secretary, in consultation with the Secretary of Transportation, may enter into a contract, cooperative agreement, interagency agreement, or other agreement with the Department of Transportation to secure operating and capital funds from the National Forest Transit Program. (d) Forest management activities (1) Coordination (A) In general In conducting forest management activities in the Lake Tahoe Basin Management Unit, the Secretary shall, as appropriate, coordinate with the Administrator and State and local agencies and organizations, including local fire departments and volunteer groups. (B) Goals The coordination of activities under subparagraph (A) should aim to increase efficiencies and maximize the compatibility of management practices across public property boundaries. (2) Multiple benefits (A) In general In conducting forest management activities in the Lake Tahoe Basin Management Unit, the Secretary shall conduct the activities in a manner that— (i) except as provided in subparagraph (B), attains multiple ecosystem benefits, including— (I) reducing forest fuels; (II) maintaining or restoring biological diversity; (III) improving wetland and water quality, including in Stream Environment Zones; and (IV) increasing resilience to changing water temperature and precipitation; and (ii) helps achieve and maintain the environmental threshold carrying capacities established by the Planning Agency. (B) Exception Notwithstanding clause (A)(i), the attainment of multiple ecosystem benefits shall not be required if the Secretary determines that management for multiple ecosystem benefits would excessively increase the cost of a project in relation to the additional ecosystem benefits gained from the management activity. (3) Ground disturbance Consistent with applicable Federal law and Lake Tahoe Basin Management Unit land and resource management plan direction, the Secretary shall— (A) establish post-project ground condition criteria for ground disturbance caused by forest management activities; and (B) provide for monitoring to ascertain the attainment of the post-project conditions. (e) Withdrawal of Federal land (1) In general Subject to valid existing rights and paragraph (2), the Federal land located in the Lake Tahoe Basin Management Unit is withdrawn from— (A) all forms of entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws relating to mineral and geothermal leasing. (2) Exceptions A conveyance of land shall be exempt from withdrawal under this subsection if carried out under— (A) the Lake Tahoe Restoration Act ( Public Law 106–506 (B) the Santini-Burton Act ( Public Law 96–586 (f) Environmental threshold carrying capacity The Lake Tahoe Basin Management Unit shall support the attainment of the environmental threshold carrying capacities. (g) Cooperative authorities During the 4 fiscal years following the date of enactment of the Lake Tahoe Restoration Act of 2013 . 5. Consultation The Lake Tahoe Restoration Act (Public Law 106–506; 114 Stat. 2351) is amended by striking section 5 and inserting the following: 5. Consultation In carrying out this Act, the Secretary, the Administrator, and the Directors shall, as appropriate and in a timely manner, consult with the heads of the Washoe Tribe, applicable Federal, State, regional, and local governmental agencies, and the Lake Tahoe Federal Advisory Committee. . 6. Authorized projects The Lake Tahoe Restoration Act ( Public Law 106–506 6. Authorized projects (a) In general The Secretary, the Assistant Secretary, the Directors, and the Administrator, in coordination with the Planning Agency and the States of California and Nevada, may carry out or provide financial assistance to any project or program that— (1) is described in subsection (d); (2) is included in the Priority List under section 8; and (3) furthers the purposes of the Environmental Improvement Program if the project has been subject to environmental review and approval, respectively, as required under Federal law, article 7 of the Compact, and State law, as applicable. (b) Restriction The Administrator shall use not more than 3 percent of the funds provided under subsection (a) for administering the projects or programs described in paragraphs (1) and (2) of subsection (d). (c) Monitoring and assessment All projects authorized under subsection (d) shall— (1) include funds for monitoring and assessment of the results and effectiveness at the project and program level consistent with the program developed under section 11; and (2) use the integrated multiagency performance measures established under section 13. (d) Description of activities (1) Stormwater management, erosion control, and total maximum daily load implementation Of the amounts made available under section 17(a), $75,000,000 shall be made available— (A) to the Secretary or the Administrator for the Federal share of stormwater management and related projects and programs consistent with the adopted Total Maximum Daily Load and near-shore water quality goals; and (B) for grants by the Secretary and the Administrator to carry out the projects and programs described in subparagraph (A). (2) Stream environment zone and watershed restoration Of the amounts made available under section 17(a), $38,000,000 shall be made available— (A) to the Secretary or the Assistant Secretary for the Federal share of the Upper Truckee River restoration projects and other watershed restoration projects identified in the priority list established under section 8; and (B) for grants by the Administrator to carry out the projects described in subparagraph (A). (3) Fire risk reduction and forest management (A) In general Of the amounts made available under section 17(a), $135,000,000 shall be made available to the Secretary to carry out, including by making grants, the following projects: (i) Projects identified as part of the Lake Tahoe Basin Multi-Jurisdictional Fuel Reduction and Wildfire Prevention Strategy 10-Year Plan. (ii) Competitive grants for fuels work to be awarded by the Secretary to communities that have adopted national wildland fire codes to implement the applicable portion of the 10-year plan described in clause (i). (iii) Biomass projects, including feasibility assessments and transportation of materials. (iv) Angora Fire Restoration projects under the jurisdiction of the Secretary. (v) Washoe Tribe projects on tribal lands within the Lake Tahoe Basin. (vi) Development of an updated Lake Tahoe Basin multijurisdictional fuel reduction and wildfire prevention strategy, consistent with section 4(d). (vii) Development of updated community wildfire protection plans by local fire districts. (viii) Municipal water infrastructure that significantly improves the firefighting capability of local government within the Lake Tahoe Basin. (B) Minimum allocation Of the amounts made available to the Secretary to carry out subparagraph (A), at least $80,000,000 shall be used by the Secretary for projects under subparagraph (A)(i). (C) Priority Units of local government that have dedicated funding for inspections and enforcement of defensible space regulations shall be given priority for amounts provided under this paragraph. (D) Cost-sharing requirements (i) In general As a condition on the receipt of funds, communities or local fire districts that receive funds under this paragraph shall provide a 25-percent match. (ii) Form of non-Federal share (I) In general The non-Federal share required under clause (i) may be in the form of cash contributions or in-kind contributions, including providing labor, equipment, supplies, space, and other operational needs. (II) Credit for certain dedicated funding There shall be credited toward the non-Federal share required under clause (i) any dedicated funding of the communities or local fire districts for a fuels reduction management program, defensible space inspections, or dooryard chipping. (III) Documentation Communities and local fire districts shall— (aa) maintain a record of in-kind contributions that describes— (AA) the monetary value of the in-kind contributions; and (BB) the manner in which the in-kind contributions assist in accomplishing project goals and objectives; and (bb) document in all requests for Federal funding, and include in the total project budget, evidence of the commitment to provide the non-Federal share through in-kind contributions. (4) Invasive species management Of the amounts to be made available under section 17(a), $30,000,000 shall be made available to the Director of the United States Fish and Wildlife Service for the Aquatic Invasive Species Program and the watercraft inspections described in section 9. (5) Special status species management Of the amounts to be made available under section 17(a), $20,000,000 shall be made available to the Director of the United States Fish and Wildlife Service for the Lahontan Cutthroat Trout Recovery Program. (6) Lake Tahoe Basin science program Of the amounts to be made available under section 17(a), $30,000,000 shall be made available to the Chief of the Forest Service to develop and implement, in coordination with the Tahoe Science Consortium, the Lake Tahoe Basin Science Program established under section 11. (7) Program performance and accountability (A) In general Of the amounts to be made available under section 17(a), $5,000,000 shall be made available to the Secretary to carry out sections 12, 13, and 14. (B) Planning agency Of the amounts described in subparagraph (A), not less than 50 percent shall be made available to the Planning Agency to carry out the program oversight, coordination, and outreach activities established under sections 12, 13, and 14. (8) Land conveyance (A) In general Of the amount made available under section 17(a), $2,000,000 shall be made available to the Secretary to carry out the activities under section 3(b)(2) of Public Law 96–586 Santini-Burton Act (B) Other funds Of the amounts available to the Secretary under subparagraph (A), not less than 50 percent shall be provided to the California Tahoe Conservancy to facilitate the conveyance of land described in section 3(b)(2) of Public Law 96–586 Santini-Burton Act . 7. Environmental restoration priority list The Lake Tahoe Restoration Act ( Public Law 106–506 (1) by striking sections 8 and 9; (2) by redesignating sections 10, 11, and 12 as sections 15, 16, and 17, respectively; and (3) by inserting after section 7 the following: 8. Environmental restoration priority list (a) Deadline Not later than February 15 of the year after the date of enactment of the Lake Tahoe Restoration Act of 2013 (b) Criteria (1) In general The priority of projects included in the Priority List shall be based on the best available science and the following criteria: (A) The 5-year threshold carrying capacity evaluation. (B) The ability to measure progress or success of the project. (C) The potential to significantly contribute to the achievement and maintenance of the environmental threshold carrying capacities identified in the Compact for— (i) air quality; (ii) fisheries; (iii) noise; (iv) recreation; (v) scenic resources; (vi) soil conservation; (vii) forest health; (viii) water quality; and (ix) wildlife. (D) The ability of a project to provide multiple benefits. (E) The ability of a project to leverage non-Federal contributions. (F) Stakeholder support for the project. (G) The justification of Federal interest. (H) Agency priority. (I) Agency capacity. (J) Cost-effectiveness. (K) Federal funding history. (2) Secondary factors In addition to the criteria under paragraph (1), the Chair shall, as the Chair determines to be appropriate, give preference to projects in the Priority List that benefit existing neighborhoods in the Basin that are at or below regional median income levels, based on the most recent census data available. (c) Revisions (1) In general The Priority List submitted under subsection (b) shall be revised— (A) every 2 years; or (B) on a finding of compelling need under paragraph (2). (2) Finding of compelling need (A) In general If the Secretary, the Administrator, or the Director of the United States Fish and Wildlife Service makes a finding of compelling need justifying a priority shift and the finding is approved by the Secretary, the Executive Director of the Planning Agency, the California Natural Resources Secretary, and the Director of the Nevada Department of Conservation, the Priority List shall be revised in accordance with this subsection. (B) Inclusions A finding of compelling need includes— (i) major scientific findings; (ii) results from the threshold evaluation of the Planning Agency; (iii) emerging environmental threats; and (iv) rare opportunities for land acquisition. (d) Funding Of the amount made available under section 17(a), $80,000,000 shall be made available to the Secretary to carry out this section. 9. Aquatic invasive species prevention (a) In general The Director of the United States Fish and Wildlife Service, in coordination with the Planning Agency, the California Department of Fish and Game, and the Nevada Department of Wildlife, shall deploy strategies consistent with the Lake Tahoe Aquatic Invasive Species Management Plan to prevent the introduction of aquatic invasive species into the Lake Tahoe Basin. (b) Criteria The strategies referred to in subsection (a) shall provide that— (1) combined inspection and decontamination stations be established and operated at not less than 2 locations in the Lake Tahoe Basin; and (2) watercraft not be allowed to launch in waters of the Lake Tahoe Basin if the watercraft has not been inspected in accordance with the Lake Tahoe Aquatic Invasive Species Management Plan. (c) Certification The Planning Agency may certify State and local agencies to perform the decontamination activities described in subsection (b)(3) at locations outside the Lake Tahoe Basin if standards at the sites meet or exceed standards for similar sites in the Lake Tahoe Basin established under this section. (d) Applicability The strategies and criteria developed under this section shall apply to all watercraft to be launched on water within the Lake Tahoe Basin. (e) Fees The Director of the United States Fish and Wildlife Service may collect and spend fees for decontamination only at a level sufficient to cover the costs of operation of inspection and decontamination stations under this section. (f) Civil penalties (1) In general Any person that launches, attempts to launch, or facilitates launching of watercraft not in compliance with strategies deployed under this section shall be liable for a civil penalty in an amount not to exceed $1,000 per violation. (2) Other authorities Any penalties assessed under this subsection shall be separate from penalties assessed under any other authority. (g) Limitation The strategies and criteria under subsections (a) and (b), respectively, may be modified if the Secretary of the Interior, in a nondelegable capacity and in consultation with the Planning Agency and State governments, issues a determination that alternative measures will be no less effective at preventing introduction of aquatic invasive species into Lake Tahoe than the strategies and criteria. (h) Supplemental authority The authority under this section is supplemental to all actions taken by non-Federal regulatory authorities. (i) Savings clause Nothing in this title shall be construed as restricting, affecting, or amending any other law or the authority of any department, instrumentality, or agency of the United States, or any State or political subdivision thereof, respecting the control of invasive species. 10. Corps of Engineers; interagency agreements (a) In general The Assistant Secretary may enter into interagency agreements with non-Federal interests in the Lake Tahoe Basin to use Lake Tahoe Partnership-Miscellaneous General Investigations funds to provide programmatic technical assistance for the Environmental Improvement Program. (b) Local cooperation agreements (1) In general Before providing technical assistance under this section, the Assistant Secretary shall enter into a local cooperation agreement with a non-Federal interest to provide for the technical assistance. (2) Components The agreement entered into under paragraph (1) shall— (A) describe the nature of the technical assistance; (B) describe any legal and institutional structures necessary to ensure the effective long-term viability of the end products by the non-Federal interest; and (C) include cost-sharing provisions in accordance with paragraph (3). (3) Federal share (A) In general The Federal share of project costs under each local cooperation agreement under this subsection shall be 65 percent. (B) Form The Federal share may be in the form of reimbursements of project costs. (C) Credit The non-Federal interest may receive credit toward the non-Federal share for the reasonable costs of related technical activities completed by the non-Federal interest before entering into a local cooperation agreement with the Assistant Secretary under this subsection. 11. Lake Tahoe Basin Science Program The Secretary (acting through the Station Director of the Forest Service, Pacific Southwest Research Station), the Administrator, the Planning Agency, the States of California and Nevada, and the Tahoe Science Consortium, shall develop and implement the Lake Tahoe Basin Science Program that— (1) develops and regularly updates an integrated multiagency programmatic assessment and monitoring plan— (A) to evaluate the effectiveness of the Environmental Improvement Program; (B) to evaluate the status and trends of indicators related to environmental threshold carrying capacities; and (C) to assess the impacts and risks of changing water temperature, precipitation, and invasive species; (2) produces and synthesizes scientific information necessary for— (A) the identification and refinement of environmental indicators for the Lake Tahoe Basin; and (B) the evaluation of standards and benchmarks; (3) conducts applied research, programmatic technical assessments, scientific data management, analysis, and reporting related to key management questions; (4) develops new tools and information to support objective assessments of land use and resource conditions; (5) provides scientific and technical support to the Federal Government and State and local governments in— (A) reducing stormwater runoff, air deposition, and other pollutants that contribute to the loss of lake clarity; and (B) the development and implementation of an integrated stormwater monitoring and assessment program; (6) establishes and maintains independent peer review processes— (A) to evaluate the Environmental Improvement Program; and (B) to assess the technical adequacy and scientific consistency of central environmental documents, such as the 5-year threshold review; and (7) provides scientific and technical support for the development of appropriate management strategies to accommodate changing water temperature and precipitation in the Lake Tahoe Basin. 12. Public outreach and education (a) In general The Secretary, the Administrator, and the Directors will coordinate with the Planning Agency to conduct public education and outreach programs, including encouraging— (1) owners of land and residences in the Lake Tahoe Basin— (A) to implement defensible space; and (B) to conduct best management practices for water quality; and (2) owners of land and residences in the Lake Tahoe Basin and visitors to the Lake Tahoe Basin, to help prevent the introduction and proliferation of invasive species as part of the private share investment in the Environmental Improvement Program. (b) Scientific and technical guidance The Director of the United States Geological Survey shall provide scientific and technical guidance to public outreach and education programs conducted under this section. (c) Required coordination Public outreach and education programs for aquatic invasive species under this section shall— (1) be coordinated with Lake Tahoe Basin tourism and business organizations; and (2) include provisions for the programs to extend outside of the Lake Tahoe Basin. 13. Reporting requirements Not later than February 15 of each year, the Secretary, in cooperation with the Chair, the Administrator, the Directors, the Planning Agency, and the States of California and Nevada, consistent with section 6(d)(6), shall submit to Congress a report that describes— (1) the status of all Federal, State, local, and private projects authorized under this Act, including to the maximum extent practicable, for projects that will receive Federal funds under this Act during the current or subsequent fiscal year— (A) the project scope; (B) the budget for the project; and (C) the justification for the project, consistent with the criteria established in section 8(b)(1); (2) Federal, State, local, and private expenditures in the preceding fiscal year to implement the Environmental Improvement Program and projects otherwise authorized under this Act; (3) accomplishments in the preceding fiscal year in implementing this Act in accordance with the performance measures and other monitoring and assessment activities; and (4) public education and outreach efforts undertaken to implement programs and projects authorized under this Act. 14. Annual budget plan As part of the annual budget of the President, the President shall submit information regarding each Federal agency involved in the Environmental Improvement Program (including the Forest Service, the Environmental Protection Agency, the United States Fish and Wildlife Service), the United States Geological Survey, and the Corps of Engineers), including— (1) an interagency crosscut budget that displays the proposed budget for use by each Federal agency in carrying out restoration activities relating to the Environmental Improvement Program for the following fiscal year; (2) a detailed accounting of all amounts received and obligated by Federal agencies to achieve the goals of the Environmental Improvement Program during the preceding fiscal year; and (3) a description of the Federal role in the Environmental Improvement Program, including the specific role of each agency involved in the restoration of the Lake Tahoe Basin. . 8. Relationship to other laws Section 16 of The Lake Tahoe Restoration Act ( Public Law 106–506 , Director, or Administrator Secretary 9. Authorization of appropriations The Lake Tahoe Restoration Act ( Public Law 106–506 17. Authorization of appropriations (a) Authorization of appropriations There is authorized to be appropriated to carry out this Act $415,000,000 for a period of 10 fiscal years beginning the first fiscal year after the date of enactment of the Lake Tahoe Restoration Act of 2013 (b) Effect on other funds Amounts authorized under this section and any amendments made by this Act— (1) shall be in addition to any other amounts made available to the Secretary, the Administrator, or the Directors for expenditure in the Lake Tahoe Basin; and (2) shall not reduce allocations for other Regions of the Forest Service, Environmental Protection Agency, or the United States Fish and Wildlife Service. (c) Cost-Sharing requirement Except as provided in subsection (d) and section 6(d)(3)(D), the States of California and Nevada shall pay 50 percent of the aggregate costs of restoration activities in the Lake Tahoe Basin funded under section 6. (d) Relocation costs Notwithstanding subsection (c), the Secretary shall provide to local utility districts two-thirds of the costs of relocating facilities in connection with— (1) environmental restoration projects under sections 6 and 8; and (2) erosion control projects under section 2 of Public Law 96–586 (e) Signage To the maximum extent practicable, a project provided assistance under this Act shall include appropriate signage at the project site that— (1) provides information to the public on— (A) the amount of Federal funds being provided to the project; and (B) this Act; and (2) displays the visual identity mark of the Environmental Improvement Program. . 10. Administration of acquired land (a) In general Section 3(b) of Public Law 96–586 Santini-Burton Act (1) by striking (b) Lands (b) Administration of acquired land (1) In general Land ; and (2) by adding at the end the following: (2) Conveyance (A) In general If the State of California (acting through the California Tahoe Conservancy and the California Department of Parks and Recreation) offers to donate to the United States acceptable title to the non-Federal land described in subparagraph (B)(i), the Secretary— (i) may accept the offer; and (ii) not later than 180 days after the date on which the Secretary receives acceptable title to the non-Federal land described in subparagraph (B)(i), convey to the State of California, subject to valid existing rights and for no consideration, all right, title, and interest of the United States in and to the Federal land that is acceptable to the State of California. (B) Description of land (i) Non-federal land The non-Federal land referred to in subparagraph (A) includes— (I) the approximately 1,981 acres of land administered by the Conservancy and identified on the Maps as Conservancy to the United States Forest Service (II) the approximately 187 acres of land administered by California State Parks and identified on the Maps as State Parks to the U.S. Forest Service (ii) Federal land The Federal land referred to in subparagraph (A) includes the approximately 1,995 acres of Forest Service land identified on the Maps as U.S. Forest Service to Conservancy and State Parks (C) Conditions Any land conveyed under this paragraph shall— (i) be for the purpose of consolidating Federal and State ownerships and improving management efficiencies; (ii) not result in any significant changes in the uses of the land; and (iii) be subject to the condition that the applicable deed include such terms, restrictions, covenants, conditions, and reservations as the Secretary determines necessary to— (I) ensure compliance with this Act; and (II) ensure that the development rights associated with the conveyed parcels shall not be recognized or available for transfer under section 90.2 of the Code of Ordinances for the Tahoe Regional Planning Agency. . June 5, 2014 Reported without amendment

Lake Tahoe Restoration Act of 2013

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Captive Primate Safety Act - (Sec. 2) Amends the Lacey Act Amendments of 1981 to: (1) make nonhuman primates a prohibited wildlife species; and (2) make it unlawful to import, export, transport, sell, receive, acquire, or purchase them in interstate or foreign commerce. (Sec. 3) Modifies exceptions to restrictions on such transactions in prohibited wildlife species, making them inapplicable to a person who: (1) is a licensed and inspected person only if the person does not allow direct contact between the public and prohibited wildlife species, or (2) is transporting under certain conditions a single primate of the genus Cebus that was obtained from and trained by a charitable organization to assist a permanently disabled individual with a severe mobility impairment. Removes state-licensed wildlife rehabilitators from the list of entities exempted from the restrictions. Sets forth civil and criminal penalties for violations of the requirements of this Act.

To amend the Lacey Act Amendments of 1981 to prohibit importation, exportation, transportation, sale, receipt, acquisition, and purchase in interstate or foreign commerce, or in a manner substantially affecting interstate or foreign commerce, of any live animal of any prohibited wildlife species. 1. Short title This Act may be cited as the Captive Primate Safety Act 2. Addition of nonhuman primates to definition of prohibited wildlife species Section 2(g) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3371(g) or any nonhuman primate 3. Captive wildlife amendments (a) Prohibited acts Section 3 of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3372 (1) in subsection (a)— (A) in paragraph (2)— (i) in subparagraph (A), by inserting or (ii) in subparagraph (B)(iii), by striking ; or (iii) by striking subparagraph (C); and (B) in paragraph (4), by inserting or subsection (e) (2) in subsection (e)— (A) by striking (e) (e) Captive Wildlife Offense (1) In general It is unlawful for any person to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce, or in a manner substantially affecting interstate or foreign commerce, any live animal of any prohibited wildlife species. ; and (B) in paragraph (2)— (i) by striking so much as precedes subparagraph (A) and inserting the following: (2) Limitation on application Paragraph (1) does not apply to any person who— . (ii) in subparagraph (A), by inserting before the semicolon at the end and does not allow direct contact between the public and prohibited wildlife species (iii) in subparagraph (B), by striking State-licensed wildlife rehabilitator, (iv) in subparagraph (C)— (I) in clauses (ii) and (iii), by striking animals listed in section 2(g) prohibited wildlife species (II) in clause (iv), by striking animals prohibited wildlife species (III) by striking or (v) in subparagraph (D)— (I) by striking animal prohibited wildlife species (II) by striking the period at the end and inserting ; or (vi) by adding at the end the following: (E) is transporting a nonhuman primate solely for the purpose of assisting an individual who is permanently disabled with a severe mobility impairment, if— (i) the nonhuman primate is a single animal of the genus Cebus; (ii) the nonhuman primate was obtained from, and trained at, a licensed nonprofit organization that before July 18, 2008 was exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 and described in sections 501(c)(3) and 170(b)(1)(A)(vi) of such Code on the basis that the mission of the organization is to improve the quality of life of severely mobility-impaired individuals; (iii) the person transporting the nonhuman primate is a specially trained employee or agent of a nonprofit organization described in clause (ii) that is transporting the nonhuman primate to or from a designated individual who is permanently disabled with a severe mobility impairment; (iv) the person transporting the nonhuman primate carries documentation from the applicable nonprofit organization that includes the name of the designated individual referred to in clause (iii); (v) the nonhuman primate is transported in a secure enclosure that is appropriate for that species; (vi) the nonhuman primate has no contact with any animal or member of the public, other than the designated individual referred to in clause (iii); and (vii) the transportation of the nonhuman primate is in compliance with— (I) all applicable State and local restrictions regarding the transport; and (II) all applicable State and local requirements regarding permits or health certificates. . (b) Civil Penalties Section 4(a) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3373(a) (1) in paragraph (1), by inserting (e), subsections (b), (d), (2) in paragraph (1), by inserting , (e), subsection (d) (c) Criminal Penalties Section 4(d) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3373(d) (1) in subparagraphs (A) and (B) of paragraph (1) and in the first sentence of paragraph (2), by inserting (e), subsections (b), (d), (2) in paragraph (3), by inserting , (e), subsection (d) (d) Effective date; regulations (1) Effective date Subsections (a) through (c), and the amendments made by those subsections, shall take effect on the earlier of— (A) the date of promulgation of regulations under paragraph (2); and (B) the expiration of the period referred to in paragraph (2). (2) Regulations Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall promulgate regulations implementing the amendments made by this section. 4. Applicability provision amendment Section 3 of the Captive Wildlife Safety Act (117 Stat. 2871; Public Law 108–191 (1) in subsection (a), by striking (a) In general.— Section 3 (2) by striking subsection (b). 5. Regulations Section 7(a) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3376(a) (3) The Secretary shall, in consultation with other relevant Federal and State agencies, promulgate regulations to implement section 3(e). . December 11, 2014 Reported without amendment

Captive Primate Safety Act

Revitalize American Manufacturing and Innovation Act of 2014 - (Sec. 3) Amends the National Institute of Standards and Technology Act to direct the Secretary of Commerce to establish within the National Institute of Standards and Technology (NIST) a Network for Manufacturing Innovation Program to: improve measurably the competitiveness of U.S. manufacturing and increase domestic production; stimulate U.S. leadership in advanced manufacturing research, innovation, and technology with a strong potential to generate substantial benefits extending significantly beyond direct return to Program participants; and accelerate measurably the development of an advanced manufacturing workforce. Requires the Secretary to establish a network of centers for manufacturing innovation (CMIs), to be known as the Network for Manufacturing Innovation. Considers to be CMIs the National Additive Manufacturing Innovation Institute and manufacturing centers formally recognized or under pending interagency review; but prohibits them from receiving any preference for financial assistance under this Act solely on that basis. Allows a manufacturing center substantially similar to a CMI but not receiving such financial assistance to be recognized as a CMI, upon its request, in order to participate in the Network. Directs the Secretary to award financial assistance to assist a person in planning, establishing, or supporting such CMIs. Prescribes requirements for awarding assistance, including an open process for soliciting applications and a competitive merit-review selection process. Discontinues financial assistance seven years after a CMI first receives an award. Specifies federal matching funds requirements. Authorizes the Secretary to give a weighted preference to applicants seeking less than the maximum amount of funding allowed. Requires the amount of financial assistance to a CMI to decrease after its second year of funding and in each year thereafter, unless the Secretary determines that: the CMI is otherwise meeting its stated goals and metrics, unforeseen circumstances have altered its anticipated funding, and the CMI can identify future non-federal funding sources that would warrant a temporary exemption from certain limitations. Prohibits financial assistance to more than 15 CMIs in any single year. Directs the Secretary to establish within NIST the National Office of the Network for Manufacturing Innovation Program to: (1) oversee the Program, (2) develop and periodically update a strategic plan for the Program, (3) establish a clearinghouse of public information related to Program activities, and (4) act as a convener of the Network. Requires the Secretary to ensure that the Office incorporates the Hollings Manufacturing Extension Partnership into Program planning to ensure that the results of the Program reach small- and medium-sized entities. Establishes in the Treasury a Network for Manufacturing Innovation Fund for carrying out the Program. Authorizes appropriations. Rescinds specified unobligated appropriated discretionary funds available as of enactment of this Act. Directs the Secretary to merge the Advanced Manufacturing Technology Consortia (AMTech) Program, which has not been previously authorized but has been funded in FY2013-FY2014, into the Network for Manufacturing Innovation Program (NMIP). Sunsets the authority to provide financial assistance to support or establish CMIs on December 31, 2024. Allows the NMIP and the Network for Manufacturing Innovation to continue to operate, however, subject to the availability of appropriations, if the Secretary determines that specified purposes are being met. Eliminates the Technology Innovative Program (TIP), except for applications for grants, cooperative agreements, or contracts submitted before enactment of this Act. Expresses the sense of Congress that the industry-led consortia envisioned under the AMTech Program should participate in the CMIs. (Sec. 4) Requires the Secretary to: (1) conduct a survey that measures the economic impact of China's rare earth monopoly on the United States and other affected nations and identifies technologies, industries, and defense systems that are now primarily produced in, or are likely to relocate to, China; and (2) report on survey results and on how the United States should initiate direct dialogue with affected nations to assess the economic consequences of such monopoly and related trade practices and promote cooperative resolutions to facilitate partnership structures that will offset imbalances caused by such monopoly. (Sec. 5) Requires the Under Secretary for International Trade to submit a report to Congress that: identifies the 20 industries in the United States in which U.S. persons export the most goods or services; evaluates U.S. competitiveness in such industries in global markets; identifies domestic regulatory and policy barriers to increasing exports by U.S. persons operating in such industries, including foreign barriers that impede the access of these individuals to foreign markets; and makes recommendations for legislative action to: (1) reduce these barriers, and (2) improve U.S. competitiveness in these industries in foreign markets. (Sec. 6) Amends the America COMPETES Reauthorization Act of 2010 to revise the Committee on Technology's duties under the National Science and Technology Council. Directs the Committee to develop and update, in coordination with the National Economic Council, a strategic plan to improve government coordination and provide long-term guidance for federal programs and activities in support of U.S. manufacturing competitiveness, including advanced manufacturing research and development. Requires the President to submit this plan as well as quadrennial updates to Congress, and publish it on an Internet website accessible to the public. Directs the Advanced Manufacturing Partnership Steering Committee of the President's Council of Advisors on Science and Technology to provide input, perspective, and recommendations to assist in the development and updates of the strategic plan.

To require the Secretary of Commerce to establish the Network for Manufacturing Innovation and for other purposes. 1. Short title This Act may be cited as the Revitalize American Manufacturing and Innovation Act of 2013 2. Findings Congress finds the following: (1) In 2011, manufacturing contributed $1,800,000,000,000 to the Nation’s economy and accounted for 47 percent of all United States exports. (2) If ranked as its own country, the United States manufacturing sector would be the 10th largest economy in the world. (3) American manufacturers employ more than 11,000,000,000 Americans in jobs with wages and benefits that are one-third higher than the wages and benefits in other sectors. (4) Manufacturing has the highest multiplier effect, with every dollar in final sales of manufactured products resulting in $1.34 in output from other sectors. (5) As the source of nearly one-third of the United States investment in research and development manufacturing, firms drive innovation in the United States. (6) Countries such as Korea, Japan, and Germany have a larger share of the advanced manufacturing sector than the United States. Each of these countries has a positive trade balance in advanced manufacturing products. In contrast, the United States had an $81,000,000,000 trade deficit in 2010. (7) The United States share of research and development spending dropped from 43.1 percent in 1998 to 37.3 percent in 2008, while China’s share of research and development spending increased from 3 percent to 11.4 percent during the same period. (8) According to a survey by the Council on Competitiveness, chief executive officers view the quality and availability of scientists, researchers, and engineers and the quality and availability of skilled production workers as the first and second most important drivers of competitiveness. (9) According to the Organization for Economic Co-Operation and Development, the United States ranked 27th out of 29 developed countries in the percentage of students who earned bachelor’s degrees in science and engineering in 2009. (10) Colleges in China and India award more 4-year engineering bachelor’s degrees than United States colleges. 3. Establishment of Network for Manufacturing Innovation The National Institute of Standards and Technology Act ( 15 U.S.C. 271 et seq. (1) by redesignating section 34 as section 35; and (2) by inserting after section 33 ( 15 U.S.C. 278r 34. Network for Manufacturing Innovation (a) Establishment of Network for Manufacturing Innovation Program (1) In general The Secretary of Commerce shall establish within the Institute a program to be known as the Network for Manufacturing Innovation Program Program (2) Purposes of program The purposes of the Program are— (A) to improve the competitiveness of United States manufacturing and to increase domestic production; (B) to stimulate United States leadership in advanced manufacturing research, innovation, and technology; (C) to facilitate the transition of innovative technologies into scalable, cost-effective, and high-performing manufacturing capabilities; (D) to facilitate access by manufacturing enterprises to capital-intensive infrastructure, including high-performance computing, in order to improve the speed with which such enterprises commercialize new processes and technologies; (E) to accelerate the development of an advanced manufacturing workforce; (F) to facilitate peer exchange of and the documentation of best practices in addressing advanced manufacturing challenges; and (G) to leverage non-Federal sources of support to promote a stable and sustainable business model without the need for long-term Federal funding. (3) Support The Secretary, acting through the Director, shall carry out the purposes set forth in paragraph (2) by supporting— (A) the Network for Manufacturing Innovation established under subsection (b); and (B) the establishment of centers for manufacturing innovation. (4) Director The Secretary shall carry out the Program through the Director. (b) Establishment of Network for Manufacturing Innovation (1) In general As part of the Program, the Secretary of Commerce shall establish a network of centers for manufacturing innovation. (2) Designation The network established under paragraph (1) shall be known as the Network for Manufacturing Innovation Network (c) Centers for manufacturing innovation (1) In general For purposes of this section, a center for manufacturing innovation (A) has been established by a person to address challenges in advanced manufacturing and to assist manufacturers in retaining or expanding industrial production and jobs in the United States; (B) has a predominant focus on a manufacturing process, novel material, enabling technology, supply chain integration methodology, or another relevant aspect of advanced manufacturing, as determined by the Secretary, with the potential— (i) to improve the competitiveness of United States manufacturing; (ii) to accelerate investment in advanced manufacturing production capacity in the United States; and (iii) to enable the commercial application of new technologies or industry-wide manufacturing processes; and (C) includes active participation among representatives from multiple industrial entities, research universities, community colleges, and such other entities as the Secretary considers appropriate, which may include career and technical education schools, Federal laboratories, State, local, and tribal governments, businesses, educational institutions, and nonprofit organizations. (2) Activities Activities of a center for manufacturing innovation may include the following: (A) Research, development, and demonstration projects, including proof-of-concept development and prototyping, to reduce the cost, time, and risk of commercializing new technologies and improvements in existing technologies, processes, products, and research and development of materials to solve pre-competitive industrial problems with economic or national security implications. (B) Development and implementation of education and training courses, materials, and programs. (C) Development of innovative methodologies and practices for supply chain integration and introduction of new technologies into supply chains. (D) Outreach and engagement with small- and medium-sized manufacturing enterprises, in addition to large manufacturing enterprises. (E) Such other activities as the Secretary, in consultation with Federal departments and agencies whose missions contribute to or are affected by advanced manufacturing, considers consistent with the purposes described in subsection (a)(2). (3) Additional centers for manufacturing innovation The National Additive Manufacturing Innovation Institute and pending manufacturing centers under interagency review shall be considered centers for manufacturing innovation. (d) Financial assistance To establish and support centers for manufacturing innovation (1) In general In carrying out the Program, the Secretary of Commerce shall award financial assistance to a person to assist the person in planning, establishing, or supporting a center for manufacturing innovation. (2) Application A person seeking financial assistance under paragraph (1) shall submit to the Secretary an application therefor at such time, in such manner, and containing such information as the Secretary may require. (3) Open process In soliciting applications for financial assistance under paragraph (1), the Secretary shall ensure an open process that will allow for the consideration of all applications relevant to advanced manufacturing regardless of technology area. (4) Selection (A) Competitive, merit review In awarding financial assistance under paragraph (1), the Secretary shall use a competitive, merit review process. (B) Collaboration In awarding financial assistance under paragraph (1), the Secretary shall, acting through the National Program Office established under subsection (e)(1), collaborate with Federal departments and agencies whose missions contribute to or are affected by advanced manufacturing. (C) Considerations In selecting a person who submitted an application under paragraph (2) for an award of financial assistance under paragraph (1) the Secretary shall consider, at a minimum, the following: (i) The potential of the center for manufacturing innovation to advance domestic manufacturing and the likelihood of economic impact in the predominant focus areas of the center for manufacturing innovation. (ii) The commitment of continued financial support, advice, participation, and other contributions from non-Federal sources, to provide leverage and resources to promote a stable and sustainable business model without the need for long-term Federal funding. (iii) How the center for manufacturing innovation will engage with small- and medium-sized manufacturing enterprises, to improve the capacity of such enterprises to commercialize new processes and technologies. (iv) How the center for manufacturing innovation will carry out educational and workforce activities that meet industrial needs related to the predominant focus areas of the center for manufacturing innovation. (v) How the center for manufacturing innovation will advance economic competitiveness. (vi) How the center for manufacturing innovation will strengthen and leverage the assets of a region. (5) Limitation on period for awards No award of financial assistance may be made under paragraph (1) to a center of manufacturing innovation after the 7-year period beginning on the date on which the Secretary first awards financial assistance to a center under such paragraph. (e) National Program Office (1) Establishment The Secretary of Commerce shall establish, within the Institute, the National Office of the Network for Manufacturing Innovation Program (referred to in this section as the National Program Office (2) Functions The functions of the National Program Office are— (A) to oversee the planning, management, and coordination of the Program; (B) to enter into memorandums of understanding with Federal departments and agencies, whose missions contribute to or are affected by advanced manufacturing, to carry out the purposes described in subsection (a)(2); (C) to develop, not later than 1 year after the date of the enactment of the Revitalize American Manufacturing and Innovation Act of 2013 (D) to establish such procedures, processes, and criteria as may be necessary and appropriate to maximize cooperation and coordinate the activities of the Program with programs and activities of other Federal departments and agencies whose missions contribute to or are affected by advanced manufacturing; (E) to establish a clearinghouse of public information related to the activities of the Program; and (F) to act as a convener of the Network. (3) Recommendations In developing and updating the strategic plan under paragraph (2)(C), the Secretary shall solicit recommendations and advice from a wide range of stakeholders, including industry, small- and medium-sized manufacturing enterprises, research universities, community colleges, and other relevant organizations and institutions. (4) Report to congress The Secretary shall transmit the strategic plan required under paragraph (2)(C) to the Committee on Commerce, Science, and Transportation of the Senate Committee on Science, Space, and Technology of the House of Representatives (5) Hollings Manufacturing Extension Partnership The Secretary shall ensure that the National Program Office incorporates the Hollings Manufacturing Extension Partnership into Program planning to ensure that the results of the Program reach small- and medium-sized entities. (6) Detailees Any Federal Government employee may be detailed to the National Program Office without reimbursement. Such detail shall be without interruption or loss of civil service status or privilege. (f) Reporting and auditing (1) Annual reports to the Secretary (A) In general The Secretary of Commerce shall require recipients of financial assistance under subsection (d)(1) to annually submit a report to the Secretary that describes the finances and performance of the center for manufacturing innovation for which such assistance was awarded. (B) Elements Each report submitted under subparagraph (A) shall include— (i) an accounting of expenditures of amounts awarded to the recipient under subsection (d)(1); and (ii) a description of the performance of the center for manufacturing innovation with respect to— (I) its goals, plans, financial support, and accomplishments; and (II) how the center for manufacturing innovation has furthered the purposes described in subsection (a)(2). (2) Annual reports to Congress (A) In general Not less frequently than once each year, the Secretary shall submit a report to Congress that describes the performance of the Program during the most recent 1-year period. (B) Elements Each report submitted under subparagraph (A) shall include, for the period covered by the report— (i) a summary and assessment of the reports received by the Secretary under paragraph (1); (ii) an accounting of the funds expended by the Secretary under the Program; and (iii) an assessment of the Program with respect to the purposes described in subsection (a)(2). (3) Triennial assessment by GAO (A) In general Not less frequently than once every 3 years, the Comptroller General of the United States shall submit to Congress an assessment of the operation of the Program during the most recent 3-year period. (B) Elements Each assessment submitted under subparagraph (A) shall include, for the period covered by the report— (i) a review of the management, coordination, and industry utility of the Program; (ii) an assessment of the extent to which the Program has furthered the purposes described in subsection (a)(2); and (iii) such recommendations for legislative and administrative action as the Comptroller General considers appropriate to improve the Program. (g) Additional authorities (1) Appointment of personnel and contracts The Secretary of Commerce may appoint such personnel and enter into such contracts, financial assistance agreements, and other agreements as the Secretary considers necessary or appropriate to carry out the Program including support for research and development activities involving a center for manufacturing innovation. (2) Transfer of funds The Secretary may transfer to other Federal agencies such sums as the Secretary considers necessary or appropriate to carry out the Program. (3) Authority of other agencies In the event that the Secretary exercises the authority to transfer funds to another agency under paragraph (2), such agency may award and administer all aspects of financial assistance awards under this section. (4) Use of resources In furtherance of the purposes of the Program, the Secretary may use, with the consent of a covered entity and with or without reimbursement, the land, services, equipment, personnel, and facilities of such covered entity. (5) Acceptance of resources In addition to amounts appropriated to carry out the Program, the Secretary may accept funds, services, equipment, personnel, and facilities from any covered entity to carry out the Program. (6) Covered entity For purposes of this subsection, a covered entity is any Federal department, Federal agency, instrumentality of the United States, State, local government, tribal government, Territory or possession of the United States, or of any political subdivision thereof, or international organization, or any public or private entity or individual. (h) Patents Chapter 18 of title 35, United States Code, shall not apply if financial assistance is awarded under this section solely for the purpose of planning, establishing, or supporting new or existing centers for manufacturing innovation. (i) Funding (1) Network for Manufacturing Innovation Fund (A) Establishment There is established in the Treasury of the United States a fund to be known as the Network for Manufacturing Innovation Fund Fund (B) Elements There shall be deposited in the Fund, which shall constitute the assets of the Fund, amounts appropriated or otherwise made available to carry out the Program. (C) Availability Amounts deposited in the Fund shall be available to the Secretary of Commerce, at the discretion of the Secretary, or the Secretary’s delegee, to carry out the Program without further appropriation and without fiscal year limitation. (2) Authorization of appropriations There is authorized to be appropriated $600,000,000 to the Secretary of Commerce to carry out this section. (3) Administrative expenses The Secretary of Commerce may use not more than 5 percent of the amounts appropriated pursuant to paragraph (2) to pay the salaries, expenses, and other administrative costs incurred by the Secretary under this section. (4) Rescission There is hereby rescinded, from appropriated discretionary funds that remain available for obligation as of the date of the enactment of this Act, $600,000,000. . 4. Report (a) Defined term In this section, the term rare earth monopoly (1) rare earth oxides, metals, alloys, and magnets; (2) integrated systems that include rare earth components, including wind turbines, motors, and catalysts for green technology lighting and transportation in commercial products; and (3) oxide, metal, or alloy-based rare earth materials, magnets, components and systems for guided ordinance, stealth and drone technologies, interrogating and targeting lasers, radar, sonar, and weapons systems used by the United States military. (b) Survey The Secretary of Commerce shall conduct a survey that— (1) measures the economic impact of China's rare earth monopoly on the United States and other affected nations to determine the magnitude of economic and intellectual property loss resulting from China's rare earth monopoly; and (2) looks beyond gross economic figures of value added goods and identifies specific technologies, industries, and defense systems that are now primarily produced in, or are likely to relocate or migrate to, China. (c) Report Not later than 1 year after the date of the enactment of this Act, the Secretary of Commerce shall submit a report to Congress that contains the results of the survey conducted under subsection (a). The report shall contain recommendations on how the United States should— (1) initiate direct dialogue with affected nations to assess the short- and long-term economic consequences of China's rare earth monopoly and related trade practices; and (2) promote cooperative resolutions to facilitate partnership structures that will offset imbalances caused by China's rare earth monopoly. 1. Short title This Act may be cited as the Revitalize American Manufacturing and Innovation Act of 2014 2. Findings Congress finds the following: (1) In 2011, manufacturing contributed $1,800,000,000,000 to the Nation’s economy and accounted for 47 percent of all United States exports. (2) If ranked as its own country, the United States manufacturing sector would be the 10th largest economy in the world. (3) American manufacturers employ more than 11,000,000 Americans in jobs with wages and benefits that are one-third higher than the wages and benefits in other sectors. (4) Manufacturing has the highest multiplier effect, with every dollar in final sales of manufactured products resulting in $1.34 in output from other sectors. (5) As the source of nearly one-third of the United States investment in research and development, manufacturing firms drive innovation in the United States. (6) Countries such as Korea, Japan, and Germany have a larger share of the advanced manufacturing sector than the United States. Each of these countries has a positive trade balance in advanced manufacturing products. In contrast, the United States had an $81,000,000,000 trade deficit in goods with advanced technology products in 2013. (7) The United States share of research and development spending dropped from 43.1 percent in 1998 to 37.3 percent in 2008, while China’s share of research and development spending increased from 3 percent to 11.4 percent during the same period. (8) According to a survey by the Council on Competitiveness, chief executive officers view the quality and availability of scientists, researchers, and engineers and the quality and availability of skilled production workers as the first and second most important drivers of competitiveness. (9) According to the Organization for Economic Co-Operation and Development, the United States ranked 27th out of 29 developed countries in the percentage of students who earned bachelor’s degrees in science and engineering in 2009. (10) Colleges in China and India award more 4-year engineering bachelor’s degrees than United States colleges. 3. Establishment of Network for Manufacturing Innovation (a) In general The National Institute of Standards and Technology Act ( 15 U.S.C. 271 et seq. (1) by redesignating section 34 as section 35; and (2) by inserting after section 33 ( 15 U.S.C. 278r 34. Network for Manufacturing Innovation (a) Establishment of Network for Manufacturing Innovation Program (1) In general The Secretary of Commerce shall establish within the Institute a program to be known as the Network for Manufacturing Innovation Program Program (2) Purposes of program The purposes of the Program are— (A) to improve measurably the competitiveness of United States manufacturing and to increase domestic production; (B) to stimulate United States leadership in advanced manufacturing research, innovation, and technology that has a strong potential to generate substantial benefits to the Nation that extend significantly beyond the direct return to participants in the Program; (C) to facilitate the transition of innovative and transformative technologies into scalable, cost-effective, and high-performing manufacturing capabilities; (D) to facilitate access by manufacturing enterprises to capital-intensive infrastructure, including high-performance computing, in order to improve the speed with which such enterprises commercialize new processes and technologies; (E) to accelerate measurably the development of an advanced manufacturing workforce; (F) to facilitate peer exchange of and the documentation of best practices in addressing advanced manufacturing challenges; and (G) to leverage non-Federal sources of support to promote a stable and sustainable business model without the need for long-term Federal funding. (3) Support The Secretary, acting through the Director, shall carry out the purposes set forth in paragraph (2) by supporting— (A) the Network for Manufacturing Innovation established under subsection (b); and (B) the establishment of centers for manufacturing innovation. (4) Director The Secretary shall carry out the Program through the Director. (b) Establishment of Network for Manufacturing Innovation (1) In general As part of the Program, the Secretary of Commerce shall establish a network of centers for manufacturing innovation. (2) Designation The network established under paragraph (1) shall be known as the Network for Manufacturing Innovation Network (c) Centers for manufacturing innovation (1) In general For purposes of this section, a center for manufacturing innovation (A) has been established by a person or group of persons to address challenges in advanced manufacturing and to assist manufacturers in retaining or expanding industrial production and jobs in the United States; (B) has a predominant focus on a manufacturing process, novel material, enabling technology, supply chain integration methodology, or another relevant aspect of advanced manufacturing, as determined by the Secretary, with the potential— (i) to improve the competitiveness of United States manufacturing; (ii) to accelerate non-Federal investment in advanced manufacturing production capacity in the United States; (iii) to increase measurably the non-Federal investment in advanced manufacturing research; and (iv) to enable the commercial application of new technologies or industry-wide manufacturing processes; and (C) includes active participation among representatives from multiple industrial entities, research universities, community colleges, and such other entities as the Secretary considers appropriate, which may include industry-led consortia, career and technical education schools, Federal laboratories, State, local, and tribal governments, businesses, educational institutions, and nonprofit organizations. (2) Activities Activities of a center for manufacturing innovation may include the following: (A) Research, development, and demonstration projects, including proof-of-concept development and prototyping, to reduce the cost, time, and risk of commercializing new technologies and improvements in existing technologies, processes, products, and research and development of materials to solve pre-competitive industrial problems with economic or national security implications. (B) Development and implementation of education and training courses, materials, and programs. (C) Development of workforce recruitment programs and initiatives. (D) Development of innovative methodologies and practices for supply chain integration and introduction of new technologies into supply chains. (E) Development or updating of industry-led, shared-vision technology roadmaps for the development of technologies underpinning next-generation or transformational innovations. (F) Outreach and engagement with small- and medium-sized manufacturing enterprises, in addition to large manufacturing enterprises. (G) Such other activities as the Secretary, in consultation with Federal departments and agencies whose missions contribute to or are affected by advanced manufacturing, considers consistent with the purposes described in subsection (a)(2). (3) Additional centers for manufacturing innovation (A) In general The National Additive Manufacturing Innovation Institute and manufacturing centers formally recognized or under pending interagency review on the date of enactment of the Revitalize American Manufacturing and Innovation Act of 2014 (B) Network Participation A manufacturing center that is substantially similar to those established under this subsection but that does not receive financial assistance under subsection (d) may, upon request of the center, be recognized as a center by the Secretary for purposes of participation in the Network. (d) Financial assistance To establish and support centers for manufacturing innovation (1) In general In carrying out the Program, the Secretary of Commerce shall award financial assistance to a person to assist the person in planning, establishing, or supporting a center for manufacturing innovation. (2) Application A person seeking financial assistance under paragraph (1) shall submit to the Secretary an application therefor at such time, in such manner, and containing such information as the Secretary may require. The application shall, at a minimum, describe the specific sources and amounts of non-Federal financial support for the center on the date financial assistance is sought, as well as the anticipated sources and amounts of non-Federal financial support during the period for which the center could be eligible for continued Federal financial assistance under this section. (3) Open process In soliciting applications for financial assistance under paragraph (1), the Secretary shall ensure an open process that will allow for the consideration of all applications relevant to advanced manufacturing regardless of technology area. (4) Selection (A) Competitive, merit review In awarding financial assistance under paragraph (1), the Secretary shall use a competitive, merit review process that includes peer review by a diverse group of individuals with relevant expertise. (B) Performance measurement, transparency, and accountability For each award of financial assistance under paragraph (1), the Secretary shall— (i) make publicly available at the time of the award a description of the bases for the award, including an explanation of the relative merits of the winning applicant as compared to other applications received, if applicable; and (ii) develop and implement metrics-based performance measures to assess the effectiveness of the activities funded. (C) Collaboration In awarding financial assistance under paragraph (1), the Secretary shall, acting through the National Program Office established under subsection (e)(1), collaborate with Federal departments and agencies whose missions contribute to or are affected by advanced manufacturing. (D) Considerations In selecting a person who submitted an application under paragraph (2) for an award of financial assistance under paragraph (1) the Secretary shall consider, at a minimum, the following: (i) The potential of the center for manufacturing innovation to advance domestic manufacturing and the likelihood of economic impact in the predominant focus areas of the center for manufacturing innovation. (ii) The commitment of continued financial support, advice, participation, and other contributions from non-Federal sources, to provide leverage and resources to promote a stable and sustainable business model without the need for long-term Federal funding. (iii) Whether the financial support provided to the center from non-Federal sources significantly outweighs the requested Federal financial assistance. (iv) How the center for manufacturing innovation will increase the non-Federal investment in advanced manufacturing research in the United States (v) How the center for manufacturing innovation will engage with small- and medium-sized manufacturing enterprises, to improve the capacity of such enterprises to commercialize new processes and technologies. (vi) How the center for manufacturing innovation will carry out educational and workforce activities that meet industrial needs related to the predominant focus areas of the center for manufacturing innovation. (vii) How the center for manufacturing innovation will advance economic competitiveness both globally and domestically and generate substantial benefits to the Nation that extend beyond the direct return to participants in the Program. (viii) Whether the predominant focus of the center for manufacturing innovation is a manufacturing process, novel material, enabling technology, supply chain integration methodology, or other relevant aspect of advanced manufacturing that has not already been commercialized, marketed, distributed, or sold by another entity. (ix) How the center for manufacturing innovation will strengthen and leverage the assets of a region. (5) Limitations on awards (A) In general No award of financial assistance may be made under paragraph (1) to a center of manufacturing innovation after the 7-year period beginning on the date on which the Secretary first awards financial assistance to a center under that paragraph. (B) Matching funds and weighted preferences The total Federal financial assistance awarded to a center of manufacturing innovation, including the financial assistance under paragraph (1), in a given year shall not exceed 50 percent of the total funding of the center in that year. The Secretary may give a weighted preference to applicants seeking less than the maximum amount of funding allowed under this paragraph. (C) Funding decrease The amount of financial assistance provided to a center of manufacturing innovation under paragraph (1) shall decrease after the second year of funding for a center, and shall continue to decrease thereafter in each year in which financial assistance is provided, unless the Secretary determines that— (i) the center is otherwise meeting its stated goals and metrics under this Act; (ii) unforeseen circumstances have altered the center’s anticipated funding; and (iii) the center can identify future non-Federal funding sources that would warrant a temporary exemption from the limitations established in this subparagraph. (D) Award limit No more than 15 centers of manufacturing innovation may receive financial assistance under paragraph (1) in any single year. (e) National Program Office (1) Establishment The Secretary of Commerce shall establish, within the Institute, the National Office of the Network for Manufacturing Innovation Program (referred to in this section as the National Program Office (2) Functions The functions of the National Program Office are— (A) to oversee the planning, management, and coordination of the Program; (B) to enter into memorandums of understanding with Federal departments and agencies, whose missions contribute to or are affected by advanced manufacturing, to carry out the purposes described in subsection (a)(2); (C) to develop, not later than 1 year after the date of the enactment of the Revitalize American Manufacturing and Innovation Act of 2014 (D) to establish such procedures, processes, and criteria as may be necessary and appropriate to maximize cooperation and coordinate the activities of the Program with programs and activities of other Federal departments and agencies whose missions contribute to or are affected by advanced manufacturing; (E) to establish a clearinghouse of public information related to the activities of the Program; and (F) to act as a convener of the Network. (3) Recommendations In developing and updating the strategic plan under paragraph (2)(C), the Secretary shall solicit recommendations and advice from a wide range of stakeholders, including industry, small- and medium-sized manufacturing enterprises, research universities, community colleges, and other relevant organizations and institutions on an ongoing basis. (4) Report to congress Upon completion, the Secretary shall transmit the strategic plan required under paragraph (2)(C) to the Committee on Commerce, Science, and Transportation of the Senate Committee on Science, Space, and Technology of the House of Representatives (5) Hollings Manufacturing Extension Partnership The Secretary shall ensure that the National Program Office incorporates the Hollings Manufacturing Extension Partnership into Program planning to ensure that the results of the Program reach small- and medium-sized entities. (6) Detailees Any Federal Government employee may be detailed to the National Program Office without reimbursement. Such detail shall be without interruption or loss of civil service status or privilege. (f) Reporting and auditing (1) Annual reports to the Secretary (A) In general The Secretary of Commerce shall require each recipient of financial assistance under subsection (d)(1) to annually submit a report to the Secretary that describes the finances and performance of the center for manufacturing innovation for which such assistance was awarded. (B) Elements Each report submitted under subparagraph (A) shall include— (i) an accounting of expenditures of amounts awarded to the recipient under subsection (d)(1); and (ii) consistent with the metrics-based performance measures developed and implemented by the Secretary under this section, a description of the performance of the center for manufacturing innovation with respect to— (I) its goals, plans, financial support, and accomplishments; and (II) how the center for manufacturing innovation has furthered or failed to meet the purposes described in subsection (a)(2). (2) Annual reports to Congress (A) In general Not less frequently than once each year, the Secretary shall submit a report to Congress that describes the performance of the Program during the most recent 1-year period. (B) Elements Each report submitted under subparagraph (A) shall include, for the period covered by the report— (i) a summary and assessment of the reports received by the Secretary under paragraph (1); (ii) an accounting of the funds expended by the Secretary under the Program, including any temporary exemptions granted from the requirements of subsection (d)(5)(C); (iii) an assessment of the participation in, and contributions to, the Network by any centers for manufacturing innovation not receiving financial assistance under subsection (d)(1); and (iv) an assessment of the Program with respect to meeting the purposes described in subsection (a)(2). (3) Biennial assessment by GAO (A) In general Not less frequently than once every 2 years, the Comptroller General of the United States shall submit to Congress an assessment of the operation of the Program during the most recent 2-year period, including a final report regarding the overall success of the Program. (B) Elements Each assessment submitted under subparagraph (A) shall include, for the period covered by the report— (i) a review of the management, coordination, and industry utility of the Program; (ii) an assessment of the extent to which the Program has furthered the purposes described in subsection (a)(2); (iii) such recommendations for legislative and administrative action as the Comptroller General considers appropriate to improve the Program; and (iv) an assessment as to whether any prior recommendations for improvement made by the Comptroller General have been implemented or adopted. (g) Additional authorities (1) Appointment of personnel and contracts The Secretary of Commerce may appoint such personnel and enter into such contracts, financial assistance agreements, and other agreements as the Secretary considers necessary or appropriate to carry out the Program, including support for research and development activities involving a center for manufacturing innovation. (2) Transfer of funds The Secretary may transfer to other Federal agencies such sums as the Secretary considers necessary or appropriate to carry out the Program. No funds so transferred may be used to reimburse or otherwise pay for the costs of financial assistance incurred or commitments of financial assistance made prior to the date of enactment of the Revitalize American Manufacturing and Innovation Act of 2014 (3) Authority of other agencies In the event that the Secretary exercises the authority to transfer funds to another agency under paragraph (2), such agency may award and administer, under the same conditions and constraints applicable to the Secretary, all aspects of financial assistance awards under this section. (4) Use of resources In furtherance of the purposes of the Program, the Secretary may use, with the consent of a covered entity and with or without reimbursement, the land, services, equipment, personnel, and facilities of such covered entity. (5) Acceptance of resources In addition to amounts appropriated to carry out the Program, the Secretary may accept funds, services, equipment, personnel, and facilities from any covered entity to carry out the Program, subject to the same conditions and constraints otherwise applicable to the Secretary under this section. (6) Covered entity For purposes of this subsection, a covered entity is any Federal department, Federal agency, instrumentality of the United States, State, local government, tribal government, Territory or possession of the United States, or of any political subdivision thereof, or international organization, or any public or private entity or individual. (h) Patents Chapter 18 of title 35, United States Code, shall apply to any funding agreement (as defined in section 201 of that title) awarded to new or existing centers for manufacturing innovation. (i) Funding (1) Network for Manufacturing Innovation Fund (A) Establishment There is established in the Treasury of the United States a fund to be known as the Network for Manufacturing Innovation Fund Fund (B) Elements There shall be deposited in the Fund, which shall constitute the assets of the Fund, amounts appropriated or otherwise made available to carry out the Program. (C) Availability Amounts deposited in the Fund shall be available to the Secretary of Commerce, at the discretion of the Secretary, or the Secretary’s designee, to carry out the Program without further appropriation and without fiscal year limitation. (2) Authorization of appropriations There is authorized to be appropriated $300,000,000 to the Secretary of Commerce to be deposited in the Fund established under paragraph (1) to carry out this section. (3) Administrative expenses The Secretary of Commerce may use not more than 5 percent of the amounts appropriated pursuant to paragraph (2) to pay the salaries and expenses of those Federal employees in the National Program Office. (4) Additional funding sources Notwithstanding any other provision of law, in addition to any funds appropriated under paragraph (2), the Secretary of Commerce may use not more than 10 percent of the funds of any economic development, manufacturing, or small business assistance program, except for the Hollings Manufacturing Extension Program, to carry out the Program established in this section. (5) Rescission There is hereby rescinded, from appropriated discretionary funds that remain available for obligation as of the date of the enactment of the Revitalize American Manufacturing and Innovation Act of 2014 (j) Consolidation of advanced manufacturing technology consortia (AMTech) program The Secretary is directed to merge the Advanced Manufacturing Technology Consortia (AMTech) Program, which has not been previously authorized but has been funded in both fiscal year 2013 and 2014, into the Program established in this section. (k) Sunset The authority to provide financial assistance to establish or support a center for manufacturing innovation under subsection (i) terminates effective December 31, 2024, but the Program and the Network established under this section may continue to operate, subject to the availability of appropriations, if the Secretary determines that the purposes in subsection (a)(2) are being met. . (b) Repeal of duplicative program; technology innovation program (1) In general Section 28 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278n (2) Transition Notwithstanding the repeal made by paragraph (1), the Director shall carry out section 28 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278n (3) Technical and conforming amendments (A) Section 2(d) of the National Institute of Standards and Technology Act ( 15 U.S.C. 272(d) sections 25, 26, and 28 sections 25 and 26 (B) Section 10(h)(1) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278(h)(1) , including the Program established under section 28, (c) Sense of Congress It is the sense of Congress that the industry-led consortia envisioned under the Advanced Manufacturing Technology Consortia (AMTech) Program should participate in the centers for manufacturing innovation established under section 34 of the National Institute of Standards and Technology Act ( 15 U.S.C. 271 et seq. 4. Report (a) Defined term In this section, the term rare earth monopoly (1) rare earth oxides, metals, alloys, and magnets; (2) integrated systems that include rare earth components, including wind turbines, motors, electronics, and catalysts for green technology lighting and transportation in commercial products; and (3) oxide, metal, or alloy-based rare earth materials, magnets, components and systems for guided ordinance, stealth and drone technologies, interrogating and targeting lasers, radar, sonar, and weapons systems used by the United States military. (b) Survey The Secretary of Commerce shall conduct a survey that— (1) measures the economic impact of China's rare earth monopoly on the United States and other affected nations to determine the magnitude of economic and intellectual property loss resulting from China's rare earth monopoly; and (2) looks beyond gross economic figures of value added goods and identifies specific technologies, industries, and defense systems that are now primarily produced in, or are likely to relocate or migrate to, China. (c) Report Not later than 1 year after the date of the enactment of this Act, the Secretary of Commerce shall submit a report to Congress that contains the results of the survey conducted under subsection (b). The report shall contain recommendations on how the United States should— (1) initiate direct dialogue with affected nations to assess the short- and long-term economic consequences of China's rare earth monopoly and related trade practices; and (2) promote cooperative resolutions to facilitate partnership structures that will offset imbalances caused by China's rare earth monopoly. 5. Report on competitiveness of United States in international trade Not later than 180 days after the date of the enactment of this Act, the Secretary of Commerce, acting through the Under Secretary for International Trade, shall submit to Congress a report that— (1) identifies the 20 industries in the United States in which United States persons export the most goods or services; (2) evaluates the competitiveness of the United States in such industries in global markets; (3) identifies domestic regulatory and policy barriers to increasing exports by United States persons operating in such industries; (4) identifies foreign barriers that impede the access of United States persons operating in such industries to foreign markets; and (5) makes recommendations for legislative action— (A) to reduce barriers described in paragraphs (3) and (4); and (B) to improve the competitiveness of the United States in these industries in foreign markets. 6. National strategic plan for advanced manufacturing Section 102 of the America COMPETES Reauthorization Act of 2010 ( 42 U.S.C. 6622 (1) in subsection (a), by adding at the end the following: In furtherance of the Committee’s work, the Committee shall consult with the National Economic Council. (2) in subsection (b), by striking paragraph (7) and inserting the following: (7) develop and update a national strategic plan for advanced manufacturing in accordance with subsection (c). ; and (3) by striking subsection (c) and inserting the following: (c) National strategic plan for advanced manufacturing (1) In general The President shall submit to Congress, and publish on an Internet website that is accessible to the public, the strategic plan developed under paragraph (2). (2) Development The Committee shall develop and update as required under paragraph (4), in coordination with the National Economic Council, a strategic plan to improve Government coordination and provide long-term guidance for Federal programs and activities in support of United States manufacturing competitiveness, including advanced manufacturing research and development. (3) Contents The strategic plan described in paragraph (2) shall— (A) specify and prioritize near-term and long-term objectives, including research and development objectives, the anticipated time frame for achieving the objectives, and the metrics for use in assessing progress toward the objectives; (B) describe the progress made in achieving the objectives from prior strategic plans, including a discussion of why specific objectives were not met; (C) specify the role, including the programs and activities, of each relevant Federal agency in meeting the objectives of the strategic plan; (D) describe how the Federal agencies and Federally funded research and development centers supporting advanced manufacturing research and development will foster the transfer of research and development results into new manufacturing technologies and United States based manufacturing of new products and processes for the benefit of society to ensure national, energy, and economic security; (E) describe how such Federal agencies and centers will strengthen all levels of manufacturing education and training programs to ensure an adequate, well-trained workforce; (F) describe how such Federal agencies and centers will assist small- and medium-sized manufacturers in developing and implementing new products and processes; (G) analyze factors that impact innovation and competitiveness for United States advanced manufacturing, including— (i) technology transfer and commercialization activities; (ii) the adequacy of the national security industrial base; (iii) the capabilities of the domestic manufacturing workforce; (iv) export opportunities and trade policies; (v) financing, investment, and taxation policies and practices; (vi) emerging technologies and markets; and (vii) advanced manufacturing research and development undertaken by competing nations; and (H) elicit and consider the recommendations of a wide range of stakeholders, including representatives from diverse manufacturing companies, academia, and other relevant organizations and institutions. (4) Updates Not later than May 1, 2018, and not less frequently than once every 4 years thereafter, the President shall submit to Congress, and publish on an Internet website that is accessible to the public, an update of the strategic plan submitted under paragraph (1). Such updates shall be developed in accordance with the procedures set forth under this subsection. (5) Requirement to consider strategy in the budget In preparing the budget for a fiscal year under section 1105(a) (6) AMP steering committee input The Advanced Manufacturing Partnership Steering Committee of the President’s Council of Advisors on Science and Technology shall provide input, perspective, and recommendations to assist in the development and updates of the strategic plan under this subsection. . August 26, 2014 Reported with an amendment

Revitalize American Manufacturing and Innovation Act of 2014

(This measure has not been amended since it was passed by the Senate on December 9, 2014. The summary of that version is repeated here.) Amends the Violence Against Women Reauthorization Act of 2013 to repeal a provision prohibiting Alaska tribes other than the Metlakatla Indian Community from issuing and enforcing domestic violence protective orders against non-member Alaska Natives and non-Natives.

To encourage the State of Alaska to enter into intergovernmental agreements with Indian tribes in the State relating to the enforcement of certain State laws by Indian tribes, to improve the quality of life in rural Alaska, to reduce alcohol and drug abuse, and for other purposes. 1. Short title This Act may be cited as the Alaska Safe Families and Villages Act of 2013 2. Findings and purposes (a) Findings Congress finds that— (1) residents of remote Alaska villages suffer disproportionately from crimes and civil disturbances rooted in alcohol abuse, illicit drug use, suicide, and domestic violence; (2) the alcohol-related suicide rate in remote Alaska villages is 6 times the average in the United States and the alcohol-related mortality rate is 3.5 times that of the general population of the United States; (3) Alaska Native women suffer the highest rate of forcible sexual assault in the United States and an Alaska Native woman is sexually assaulted every 18 hours; (4) according to the Alaska Native Tribal Health Consortium, one in two Alaska Native women experience physical or sexual violence; (5) according to the 2006 Initial Report and Recommendations of the Alaska Rural Justice and Law Enforcement Commission, more than 95 percent of all crimes committed in rural Alaska can be attributed to alcohol abuse; (6) the cost of drug and alcohol abuse in Alaska is estimated at $525,000,000 per year; (7) there are more than 200 remote villages in Alaska, which are ancestral homelands to Indian tribes and geographically isolated by rivers, oceans, and mountains making most of those villages accessible only by air; (8) small size and remoteness, lack of connection to a road system, and extreme weather conditions often prevent or delay travel, including that of law enforcement personnel, into remote villages, resulting in challenging law enforcement conditions; (9) less than 1/2 (10) the lack of effective law enforcement entities in remote Alaska villages contributes significantly to increased crime, alcohol abuse, drug abuse, domestic violence, rates of suicide, poor educational achievement, and lack of economic development; (11) Indian tribes that operate within remote Alaska villages should be empowered to participate in local culturally relevant solutions to effectively provide law enforcement entities in villages and access to swift judicial proceedings; (12) increasing capacities of local law enforcement entities to achieve increased tribal involvement in State law enforcement in remote villages will promote a stronger link between the State and village residents, encourage community involvement, and create greater local accountability with respect to violence and substance abuse; and (13) the United States has a trust responsibility to Indian tribes in the State. (b) Purposes The purposes of this Act are— (1) to improve the delivery of justice in Alaska Native villages by encouraging the State and Indian tribes to enter into intergovernmental agreements relating to the enforcement and adjudication of State laws relating to drug and alcohol offenses; and (2) to enhance coordination and communication among Federal, State, tribal, and local law enforcement agencies. 3. Definitions In this Act: (1) Attorney General The term Attorney General (2) Director The term Director (3) Indian tribe The term “Indian tribe” has the meaning given the term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a). (4) Participating Indian tribe The term participating Indian tribe (5) Program The term program (6) State The term State (7) Tribal court The term tribal court 4. Alaska Safe Families and Villages Self Governance Program (a) In general The Attorney General shall establish a program in the Office of Tribal Justice Programs of the Department of Justice, to be known as the Alaska Safe Families and Villages Self Governance Program (b) Administration (1) In general Each Indian tribe desiring to participate in the program shall submit to the Director an application in accordance with this section. (2) Eligibility To be eligible to participate in the program, an Indian tribe in the State shall— (A) request participation by resolution or other official action from the governing body of the Indian tribe; (B) have for the preceding 3 fiscal years no uncorrected significant and material audit exceptions regarding any Federal contract or grant; (C) demonstrate to the Attorney General sufficient governance capacity to conduct the program, as evidenced by the history of the Indian tribe in operating government services (including public utilities, children’s courts, law enforcement, social service programs, or other activities); (D) certify that the Indian tribe has entered into an intergovernmental agreement with the State described in subsection (d); (E) meet such other criteria as the Attorney General may promulgate, after providing public notice and an opportunity to comment; and (F) submit to the Attorney General of the State a copy of the application. (3) Public comment Each application submitted under this subsection shall be subject to public comment for a period of not less than 30 days after the date on which a notice of the application is published in a newspaper or other publication of general circulation in the vicinity of the Native village of the Indian tribe. (c) Use of amounts Each participating Indian tribe shall use amounts— (1) to carry out a planning phase that may include— (A) internal governmental and organizational planning; (B) developing written tribal law or ordinances detailing the structure and procedures of the tribal court; (C) developing enforcement mechanisms; and (D) negotiating and finalizing any intergovernmental agreements necessary to carry out this Act; and (2) to carry out activities of the Indian tribe in accordance with an applicable intergovernmental agreement with the State. (d) Intergovernmental agreements (1) In general The State (including political subdivisions of the State) and Indian tribes in the State are encouraged to enter into intergovernmental agreements relating to the enforcement of certain State laws by the Indian tribe. (2) Contents (A) In general An intergovernmental agreement described in paragraph (1) may describe the duties of the State and the applicable Indian tribe relating to— (i) the employment of law enforcement officers, probation, and parole officers; (ii) the appointment and deputization by the State of tribal law enforcement officers as special officers to aid and assist in the enforcement of the criminal laws of the State; (iii) the enforcement of punishments imposed by the Indian tribe under tribal law; (iv) the transfer of enforcement duties for State drug- and alcohol-related misdemeanor offenses to the Indian tribe; (v) the adjudication by the Indian tribe of State drug- and alcohol-related misdemeanor offenses; (vi) the transfer of information and evidence between tribal law enforcement entities and the court system of the State; (vii) the detention of offenders; (viii) searches and seizures of alcohol and drugs at municipal and State airports; and (ix) jurisdictional or financial matters. (B) Remedies Subject to title II of Public Law 90–284 25 U.S.C. 1301 et seq. Indian Civil Rights Act of 1968 (i) restorative justice, including circle sentencing; (ii) community service; (iii) fines; (iv) forfeitures; (v) commitments for treatment; (vi) restraining orders; (vii) emergency detentions; and (viii) any other remedies agreed to by the State and Indian tribe. (e) Annual report (1) In general Not later than May 1 of each year, the Attorney General shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives an annual report that— (A) describes the grants awarded under the program; (B) assesses the effectiveness of the program; and (C) includes any recommendations of the Attorney General relating to the program. (2) Requirements Each report shall be prepared in consultation with the government of each participating Indian tribe and the State. (f) No liability for the State of Alaska The State, including any political subdivision of the State, shall not be liable for any act or omission of a participating Indian tribe in carrying out this Act, including any act or omission of a participating Indian tribe undertaken pursuant to an intergovernmental agreement described in subsection (d). (g) Regulations The Attorney General shall promulgate such regulations as the Attorney General determines are necessary to carry out this Act. (h) Eligibility for Federal programs (1) In general Participating Indian tribes shall be eligible for the same tribal court and law enforcement programs and level of funding from the Bureau of Indian Affairs and the Department of Justice as are available to other Indian tribes. (2) Applicability in Alaska Nothing in this Act limits the application in the State of— (A) the Tribal Law and Order Act of 2010 Public Law 111–211 (B) the Violence Against Women Reauthorization Act of 2013 (C) any amendments made by the Acts referred to in subparagraphs (A) and (B). (i) Effect of Act Nothing in this Act— (1) limits, alters, or diminishes the civil or criminal jurisdiction of the State, any subdivision of the State, or the United States; (2) limits or diminishes the jurisdiction of any Indian tribe in the State, including inherent and statutory authority of the Indian tribe over child protection, child custody, and domestic violence (as in effect on the day before the date of enactment of this Act); (3) creates a territorial basis for the jurisdiction of any Indian tribe in the State or otherwise creates Indian country in any area of the State; (4) confers any criminal jurisdiction on any Indian tribe in the State; (5) diminishes the trust responsibility of the United States to Indian tribes in the State; (6) abridges or diminishes the sovereign immunity of any Indian tribe in the State; (7) alters the criminal or civil jurisdiction of the Metlakatla Indian Community within the Annette Islands Reserve (as in effect on the date before the date of enactment of this Act); (8) alters the authority of the State to file, in the discretion of the State, a civil or criminal action for the violation of State law; (9) limits in any manner the eligibility of the State, any political subdivision of the State, or any Indian tribe in the State, for any other Federal assistance under any other law; or (10) affects the authority of the United States or any State government that has been delegated authority by the United States to investigate and prosecute a criminal violation in Indian country, including under section 1162 5. Funding The Attorney General shall use amounts made available to the Attorney General for the Office of Tribal Justice to carry out the program under this Act. 6. Repeal of special rule for State of Alaska Section 910 of the Violence Against Women Reauthorization Act of 2013 18 U.S.C. 2265 Public Law 113–4 1. Short title This Act may be cited as the Alaska Safe Families and Villages Act of 2014 2. Findings and purposes (a) Findings Congress finds that— (1) residents of remote Alaska villages suffer disproportionately from crimes and civil disturbances rooted in alcohol abuse, illicit drug use, suicide, and domestic violence; (2) the alcohol-related suicide rate in remote Alaska villages is 6 times the average in the United States and the alcohol-related mortality rate is 3.5 times that of the general population of the United States; (3) Alaska Native women suffer the highest rate of forcible sexual assault in the United States and an Alaska Native woman is sexually assaulted every 18 hours; (4) according to the Alaska Native Tribal Health Consortium, one in two Alaska Native women experience physical or sexual violence; (5) according to the 2006 Initial Report and Recommendations of the Alaska Rural Justice and Law Enforcement Commission, more than 95 percent of all crimes committed in rural Alaska can be attributed to alcohol abuse; (6) the cost of drug and alcohol abuse in Alaska is estimated at $525,000,000 per year; (7) there are more than 200 remote villages in Alaska, which are ancestral homelands to Indian tribes and geographically isolated by rivers, oceans, and mountains making most of those villages accessible only by air; (8) small size and remoteness, lack of connection to a road system, and extreme weather conditions often prevent or delay travel, including that of law enforcement personnel, into remote villages, resulting in challenging law enforcement conditions and lack of ready access to the State judicial system; (9) less than ½ (10) the centralized State judicial system relies on general jurisdiction Superior Courts in the regional hub communities, with only a handful of staffed magistrate courts outside of the hub communities; (11) the lack of effective law enforcement and accessible judicial services in remote Alaska villages contributes significantly to increased crime, alcohol abuse, drug abuse, domestic violence, rates of suicide, poor educational achievement, and lack of economic development; (12) Indian tribes that operate within remote Alaska villages should be supported in carrying out local culturally relevant solutions to effectively provide law enforcement in villages and access to swift judicial proceedings; (13) increasing capacities of local law enforcement entities to enforce local tribal laws and to achieve increased tribal involvement in State law enforcement in remote villages will promote a stronger link between the State and village residents, encourage community involvement, and create greater local accountability with respect to violence and substance abuse; (14) the United States has a trust responsibility to Indian tribes in the State; (15) the report of the Indian Law and Order Commission to the President and Congress entitled A Roadmap to Making Native America Safer (16) it is necessary to invoke the plenary authority of Congress over Indian tribes under article I, section 8, clause 3 of the Constitution to improve access to judicial systems in remote Alaska Native villages and provide for the presence of trained local law enforcement. (b) Purposes The purposes of this Act are— (1) to improve the delivery of justice in Alaska Native villages by— (A) encouraging the State and Indian tribes to enter into intergovernmental agreements relating to the enforcement and adjudication of State laws relating to drug and alcohol offenses; and (B) supporting Indian tribes in the State in the enforcement and adjudication of tribal laws relating to child abuse and neglect, domestic violence, and drug and alcohol offenses; and (2) to enhance coordination and communication among Federal, State, tribal, and local law enforcement agencies. 3. Definitions In this Act: (1) Attorney general The term Attorney General (2) Grant program The term grant program (3) Indian tribe The term Indian tribe 25 U.S.C. 479a (4) Participating Indian tribe The term participating Indian tribe (5) Remote Alaska village The term remote Alaska village (6) State The term State (7) Tribal court The term tribal court (8) Tribal law program The term tribal law program 4. Alaska safe families and villages self governance intergovernmental grant program (a) In general The Attorney General shall establish a program in the Office of Justice Programs of the Department of Justice, to be known as the Alaska Safe Families and Villages Self Governance Intergovernmental Grant Program, to make grants to Indian tribes acting on behalf of 1 or more Indian tribes to assist Indian tribes in planning for and carrying out intergovernmental agreements described in subsection (d). (b) Administration (1) In general Each Indian tribe desiring to participate in the grant program shall submit to the Attorney General an application in accordance with this section. (2) Eligibility for grant program To be eligible to participate in the grant program, an Indian tribe in the State shall— (A) request participation by resolution or other official action by the governing body of the Indian tribe; (B) have for the preceding 3 fiscal years no uncorrected significant and material audit exceptions regarding any Federal contract, compact, or grant; (C) demonstrate to the Attorney General sufficient governance capacity to conduct the grant program, as evidenced by the history of the Indian tribe in operating government services (including public utilities, children’s courts, law enforcement, social service programs, or other activities); (D) certify that the Indian tribe has entered into, or can evidence intent to enter into negotiations relating to, an intergovernmental agreement with the State described in subsection (d); (E) meet such other criteria as the Attorney General may promulgate, after providing public notice and an opportunity to comment; and (F) submit to the Attorney General of the State a copy of the application. (c) Use of amounts Each participating Indian tribe shall use amounts made available under the grant program— (1) to carry out a planning phase that may include— (A) internal governmental and organizational planning; (B) developing written tribal law or ordinances, including tribal laws and ordinances detailing the structure and procedures of the tribal court; (C) developing enforcement mechanisms; and (D) negotiating and finalizing any intergovernmental agreements necessary to carry out this section; and (2) to carry out activities of the Indian tribe in accordance with an applicable intergovernmental agreement with the State. (d) Intergovernmental agreements (1) In general The State (including political subdivisions of the State) and Indian tribes in the State are encouraged to enter into intergovernmental agreements relating to the enforcement of certain State laws by the Indian tribe. (2) Contents (A) In general An intergovernmental agreement described in paragraph (1) may describe the duties of the State and the applicable Indian tribe relating to— (i) the employment of law enforcement officers, probation, and parole officers; (ii) the appointment and deputization by the State of tribal law enforcement officers as special officers to aid and assist in the enforcement of the criminal laws of the State; (iii) the enforcement of punishments imposed by the Indian tribe under tribal law; (iv) the transfer of enforcement duties for State drug- and alcohol-related misdemeanor offenses to the Indian tribe; (v) the adjudication by the Indian tribe of State drug- and alcohol-related misdemeanor offenses; (vi) the transfer of information and evidence between tribal law enforcement entities and the court system of the State; (vii) the detention of offenders; (viii) searches and seizures of alcohol and drugs at municipal and State airports; and (ix) jurisdictional or financial matters. (B) Remedies Subject to title II of Public Law 90–284 25 U.S.C. 1301 et seq. Indian Civil Rights Act of 1968 (i) restorative justice, including circle sentencing; (ii) community service; (iii) fines; (iv) forfeitures; (v) commitments for treatment; (vi) restraining orders; (vii) emergency detentions; and (viii) any other remedies agreed to by the State and Indian tribe. (e) Annual report (1) In general Not later than May 1 of each year, the Attorney General shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives an annual report that— (A) describes the grants awarded under the grant program; (B) assesses the effectiveness of the grant program; and (C) includes any recommendations of the Attorney General relating to the grant program. (2) Requirements Each report shall be prepared in consultation with the government of each participating Indian tribe and the State. 5. Alaska safe families and villages self governance tribal law project (a) In general The Attorney General shall establish a project in the Office of Justice Programs of the Department of Justice, to be known as the Alaska Safe Families and Villages Self Governance Tribal Law Project, to make grants to Indian tribes acting on behalf of 1 or more Indian tribes to assist Indian tribes in planning for and carrying out concurrent jurisdiction activities described in subsection (d). (b) Application (1) In general Each Indian tribe desiring to participate in the tribal law program shall submit to the Attorney General an application in accordance with this section. (2) Eligibility To be eligible to participate in the tribal law program, an Indian tribe in the State shall— (A) request participation by resolution or other official action by the governing body of the Indian tribe; (B) have for the preceding 3 fiscal years no uncorrected significant and material audit exceptions regarding any Federal contract, compact, or grant; (C) demonstrate to the Attorney General sufficient governance capacity to conduct the tribal law program, as evidenced by the history of the Indian tribe in operating government services (including public utilities, children’s courts, law enforcement, social service programs, or other activities); (D) meet such other criteria as the Attorney General may promulgate, after providing for public notice; and (E) submit to the Attorney General of the State a copy of the application submitted under this section. (3) Additional submissions On completion of the planning phase described in subsection (c), the Indian tribe shall provide to the Attorney General— (A) the constitution of the Indian tribe or equivalent organic documents showing the structure of the tribal government and the placement and authority of the tribal court within that structure; (B) written tribal laws or ordinances governing tribal court procedures and the regulation and enforcement of child abuse and neglect, domestic violence, drugs and alcohol, and related matters; and (C) such other information as the Attorney General may, by public notice, require. (c) Planning phase (1) In general Each participating Indian tribe shall complete a planning phase that includes— (A) internal governmental and organizational planning; (B) developing written tribal law or ordinances detailing the structure and procedures of the tribal court; and (C) enforcement mechanisms. (2) Certification (A) In general Not later than 120 days after receiving an application under subsection (b), the Attorney General shall certify the completion of the planning phase under this section. (B) Timing The Attorney General may make a certification described in subparagraph (A) on the date on which the participating Indian tribe submits an application under subsection (b) if the Indian tribe demonstrates to the Attorney General that the Indian tribe has satisfied the requirements of the planning phase under paragraph (1). (d) Concurrent jurisdiction (1) In general Unless otherwise agreed to by the Indian tribe in an intergovernmental agreement, beginning 30 days after the date on which the certification described in subsection (c)(2) is made, the participating Indian tribe may exercise civil jurisdiction, concurrent with the State, in matters relating to child abuse and neglect, domestic violence, drug-related offenses, and alcohol-related offenses over— (A) any member of, or person eligible for membership in, the Indian tribe; and (B) any nonmember of the Indian tribe, if the nonmember resides or is located in the remote Alaska Native village in which the Indian tribe operates. (2) Sanctions A participating Indian tribe exercising jurisdiction under paragraph (1) shall impose such civil sanctions as the tribal court has determined to be appropriate, consistent with title II of Public Law 90–284 (25 U.S.C. 1301 et seq.) (commonly known as the Indian Civil Rights Act of 1968 (A) restorative justice, including community or circle sentencing; (B) community service; (C) fines; (D) forfeitures; (E) commitments for treatment; (F) restraining orders; (G) emergency detentions; and (H) any other remedies the tribal court determines are appropriate. (3) Incarceration A person shall not be incarcerated by a participating Indian tribe exercising jurisdiction under paragraph (1) except pursuant to an intergovernmental agreement described in section 4(d). (4) Emergency circumstances Nothing in this subsection prevents a participating Indian tribe exercising jurisdiction under paragraph (1) from— (A) assuming protective custody of a member of the Indian tribe or otherwise taking action to prevent imminent harm to that member or others; and (B) taking immediate, temporary protective measures to address a situation involving an imminent threat of harm to a member of the Indian tribe by a nonmember. (e) Annual report (1) In general Not later than May 1 of each year, the Attorney General shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a brief annual report that— (A) details the activities carried out under the tribal law program; and (B) includes an assessment and any recommendations of the Attorney General relating to the tribal law program. (2) Requirements Each report shall be prepared— (A) in consultation with the government of each participating Indian tribe; and (B) after the participating Indian tribe and the State have an opportunity to comment on the report. 6. Administration (a) Effect of Act Nothing in this Act— (1) limits, alters, or diminishes the civil or criminal jurisdiction of the State, any subdivision of the State, or the United States; (2) limits or diminishes the jurisdiction of any Indian tribe in the State, including inherent and statutory authority of the Indian tribe over alcohol, and drug abuse, child protection, child custody, and domestic violence (as in effect on the day before the date of enactment of this Act); (3) creates a territorial basis for the jurisdiction of any Indian tribe in the State (other than as provided in section 5) or otherwise establishes Indian country (as defined in section 1151 (4) confers any criminal jurisdiction on any Indian tribe in the State unless agreed to in an intergovernmental agreement described in section 4(d); (5) diminishes the trust responsibility of the United States to Indian tribes in the State; (6) abridges or diminishes the sovereign immunity of any Indian tribe in the State; (7) alters the criminal or civil jurisdiction of the Metlakatla Indian Community within the Annette Islands Reserve (as in effect on the date before the date of enactment of this Act); or (8) limits in any manner the eligibility of the State, any political subdivision of the State, or any Indian tribe in the State, for any other Federal assistance under any other law. (b) No liability for the State of Alaska The State, including any political subdivision of the State, shall not be liable for any act or omission of a participating Indian tribe in carrying out this Act, including any act or omission of a participating Indian tribe undertaken pursuant to an intergovernmental agreement described in section 4(d). (c) Regulations The Attorney General shall promulgate such regulations as the Attorney General determines are necessary to carry out this Act. (d) Eligibility for Federal programs (1) In general Participating Indian tribes shall be eligible for the same tribal court and law enforcement programs and level of funding from the Bureau of Indian Affairs as are available to other Indian tribes. (2) Applicability in the State Nothing in this Act limits the application in the State of— (A) the Tribal Law and Order Act of 2010 ( Public Law 111–211 (B) the Violence Against Women Reauthorization Act of 2013 (Public law 113–4; 127 Stat. 54); or (C) any amendments made by the Acts referred to in subparagraphs (A) and (B). (e) Full faith and credit (1) In general Each of the 50 States shall give full faith and credit to all official acts and decrees of the tribal court of a participating Indian tribe to the same extent and in the same manner as that State accords full faith and credit to the official acts and decrees of other States. (2) Other laws Nothing in this subsection impairs the duty of the State to give full faith and credit under any other law. 7. Technical assistance (a) In general The Attorney General may enter into contracts with Indian tribes in the State to provide— (1) training and technical assistance on tribal court development to any Indian tribe in the State; and (2) the training for proper transfer of evidence and information— (A) between tribal and State law enforcement entities; and (B) between State and tribal court systems. (b) Cooperation Indian tribes may cooperate with other entities for the provision of services under the contracts described in subsection (a). 8. Funding The Attorney General shall use amounts made available to the Attorney General for the Office of Justice Programs to carry out this Act. 9. Repeal of special rule for State of Alaska Section 910 of the Violence Against Women Reauthorization Act of 2013 ( 18 U.S.C. 2265 August 26, 2014 Reported with an amendment

Alaska Safe Families and Villages Act of 2014

Postal Reform Act of 2014 - Title I: Postal Service Workforce - (Sec. 101) Modifies the formula for contributions to the Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS) for postal employees: (1) to require the U.S. Postal Service (USPS) to contribute to its employee annuity funds under CSRS and FERS an amount equal to the product of the normal-cost percentage times the aggregate amount of basic pay payable by USPS, for the period involved, to its employees; and (2) in calculating the amounts that it must pay to fund such annuities, to use the demographic factors specific to its employees and appropriate economic assumptions regarding wage and salary trends (rather than using the general characteristics of both postal and non-postal employees combined). Allows USPS to request and use: (1) up to $6 billion of any funding surplus at the close of FY2013 for payment of its debt obligations; and (2) two-thirds of any funding surplus at the close of FY2014 to reduce unfunded liabilities for retiree health, disability, or worker compensation benefits. Requires the Office of Personnel Management (OPM) to establish an amortization schedule to provide for the liquidation of a postal funding surplus in 40 years. Modifies the schedule under which USPS is required to pay unfunded liabilities under CSRS to require a series of annual payments starting on September 30, 2015, and ending on September 30, 2054. (Sec. 102) Includes within the scope of any collective bargaining agreement between USPS and postal labor representatives coverage of a new employee (i.e., an individual who becomes an officer or employee of USPS after the enactment of this Act) under FERS and the terms of such coverage. (Sec. 103) Restructures the pre-funding requirements for USPS retiree health benefits by replacing the current schedule of annual payments to the Postal Service Retiree Health Benefits Fund with a schedule of annual installment payments that will liquidate pension liabilities by September 30, 2055, or within 15 years, whichever is later, as recomputed by June 30 of each year beginning in 2016. Reduces the pre-funding requirement for retiree health benefits to 80% of projected liability (currently, 100%). (Sec. 104) Establishes the Postal Service Health Benefits Program (PSHBP) within the Federal Employees Health Benefits Program (FEHBP), in which all USPS employees and retirees would participate. Requires Medicare-eligible postal annuitants enrolled in PSHBP to also enroll in Medicare, including parts A, B, & D. (Sec. 105) Requires any arbitration board deciding a contract dispute between USPS and labor organizations to render a decision not later than 45 days after the date of its appointment and to consider relevant factors, such as the financial condition of USPS. (Sec. 106) Establishes the Postal Service Workers' Compensation Accrued Liability Fund as a revolving fund to pay the unfunded liability of USPS for workers' compensation payments. Requires USPS, not later than June 30 of 2017 and each year thereafter, to recompute a schedule including a series of annual installments for the liquidation of up to 80% of its unfunded workers' compensation liabilities by the later of September 30, 2057, or September 30 of the year that is 15 years after the fiscal year in which a computation or recomputation is made. Requires USPS to include in its financial reporting information on its workers compensation obligations, including the amount of its actuarial liability and the value of assets in the Postal Service Workers' Compensation Accrued Liability Fund. (Sec. 107) Grants the right to appeal to the Merit Systems Protection Board (MSPB) to any USPS officer or employer who: (1) is not represented by a recognized bargaining representative; and (2) is in a supervisory, professional, technical, clerical, administrative, or managerial position covered by the Executive and Administrative Schedule. (Sec. 108) Modifies USPS employment policy to include fringe benefits in any calculation of the pay differentials between clerical employees and managers. Title II: Postal Service Operations - (Sec. 201) Requires USPS to maintain the service standards for first-class mail and periodicals in effect on October 1, 2013, until the later of two years after the enactment of this Act or one year after the Comptroller General (GAO) reports on USPS delivery times. Directs the Comptroller General to study and report on: (1) how USPS measures delivery times for determining whether service standards have been met, and (2) whether the method used by USPS to measure delivery times reflects the total period between when a mailed item is transferred from a postal customer and arrives at its final destination. Reinstitutes the delivery service standards for first-class mail and periodicals in effect on June 30, 2012, for routes on which such mail was transported under alternate means of transportation contracts. Requires USPS to report to Congress on potential cost savings resulting from a decision to: (1) transport first-class mail or periodicals on a covered route using a means other than under an alternate means of transportation contract, or (2) discontinue a post office. (Sec. 202) Prohibits USPS from closing or consolidating any postal facility that was open as of October 1, 2013, until the later of two years after the enactment of this Act or one year after the Comptroller General submits a report on delivery service standards. Requires USPS, before making a determination as to the necessity for closing or consolidating a postal facility, to conduct an area mail processing study and publish the results on the USPS website. (Sec. 203) Sets forth procedures and criteria to guide USPS in deciding whether to discontinue a post office. Requires USPS, prior to making a determination as to the necessity for the discontinuance of any post office, including a rural post office, to consider alternatives, including: (1) reducing hours of operation, (2) procuring a contract for retail postal services, (3) co-locating retail services with a commercial or governmental entity in the area, (4) providing postal services through a letter carrier or by alternate means of transportation delivery contract, or (5) obtaining an alternative proposal by a local government. Requires USPS to include in its determination as to whether to discontinue a post office: (1) the effect of the discontinuance on the community served by the post office, on businesses, and on USPS employees; (2) whether the discontinuance would have a significant adverse effect on regular postal services to rural areas, communities, and small towns where post offices are not self-sustaining; (3) whether postal customers lack access to the Internet, broadband, or cellular telephone service; (4) whether postal customers would still have access to essential items, such as prescription drugs and time-sensitive communications; (5) the proximity and accessibility of other post offices; and (6) whether discontinuance would result in substantial economic savings to USPS. Prohibits USPS from discontinuing a rural post office for one year after the enactment of this Act. Requires USPS, prior to discontinuing a rural post office, to: (1) determine that its postal customers would continue to receive substantially similar access to essential items; (2) take action to substantially ameliorate any projected reduction in access to such essential items; and (3) determine that there is unlikely to be substantial economic loss to the community served, that the area served by the post office has adequate access to broadband Internet service, and that there is a road with year-round access connecting the community to another post office within 10 miles. Directs the USPS Inspector General to study and report on the actual cost savings resulting form the discontinuance of a rural post office. Requires USPS to consider the impact of reducing the number of hours of operation of a post office on local businesses and the community. (Sec. 204) Authorizes USPS to establish a general, nationwide delivery schedule of five days per week if it determines that such a schedule would contribute to the achievement of long-term solvency and if total mail volume during any period of four consecutive quarters drops below 140 billion pieces. Prohibits USPS from establishing such a delivery schedule before October 1, 2017. Requires USPS, prior to implementing a five-day delivery schedule, to: (1) identify customers and communities for whom such schedule may have a disproportionate negative impact, including small business customers, the elderly, those who live in locations without access to broadband Internet access, and customers identified as "particularly affected" in the Advisory Opinion on Elimination of Saturday Delivery, issued by the Postal Regulatory Commission (PRC) on March 24, 2011; (2) develop measures to ameliorate any such negative impact; (3) implement measures to increase revenue and reduce costs; (4) evaluate whether any increase in revenue or reduction in costs are sufficient to allow USPS to achieve long-term solvency without implementing a change in delivery schedule; and (5) report to the House Committee on Oversight and Government Reform, the Senate Committee on Homeland Security and Governmental Affairs, PRC, and the Comptroller General on any change in delivery schedule. Directs the Comptroller General to report on the extent to which a change in delivery schedule would improve the financial condition of USPS and assist in its efforts to achieve long-term solvency. Requires USPS to review and respond to such report. Provides that nothing in this section shall be construed to: (1) require the decrease or increase in delivery frequency for any route for which USPS provided delivery on fewer than six days per week as of the date of enactment of this Act; (2) require USPS to deliver mail on federal holidays; (3) authorize any change in the days and times that postal retail service or any mail acceptance is available at postal retail facilities or processing facilities; (4) require any change in the frequency of delivery to a post office box; (5) prohibit the collection or delivery of a competitive mail product on a weekend, a federal holiday, or any other specific day of the week; (6) prohibit USPS from exercising its authority to make changes to processing or retail networks; or (7) confer a cause of action, either express or implied. Requires USPS, for not less than five years after enactment of this Act, to provide package service: (1) six days per week to each street address that was eligible to receive service six days per week and to each new street address that is located in an area that was eligible to receive such service as of October 1, 2013; and (2) seven days per week to each street address for which USPS determines that such service provides an economic benefit to USPS. Requires the USPS Chief Sustainability Officer to: (1) assess the environmental impact of moving to a nationwide delivery schedule of five days per week, including the impact on greenhouse gas emissions, facility energy use, and transportation fuel use; and (2) publish the results on the USPS website. (Sec. 205) Requires USPS to: (1) use the primary mode of mail delivery that is most cost-effective and in the best long-term interest of USPS; (2) convert door delivery to other delivery modes, including centralized delivery or curbside delivery; and (3) establish and maintain a waiver program to continue door delivery if a physical hardship prevents a postal customer from receiving mail. (Sec. 206) Requires USPS to: (1) develop and promote adequate and efficient postal services with respect to its market-dominant products, and (2) submit a proposal to PRC requesting an advisory opinion on any change in the nature of postal services relating to market-dominant products that will generally affect service on a nationwide or substantially nationwide basis. Requires PRC, upon receiving a USPS proposal, to: (1) provide notice and an opportunity for public comment on such proposal, and (2) issue an advisory opinion not later than 90 days after receipt or a date jointly determined by USPS and PRC. Requires USPS to submit a response to such advisory opinion to the President and Congress. Allows USPS to take action on its proposal after submitting its response. (Sec. 207) Requires the Postmaster General to submit to the Senate Committee on Homeland Security and Governmental Affairs a report on the feasibility of a pilot program to implement the use of natural gas and propane as fuels for heavy-duty over-the-road trucks, in addition to natural gas-fueled vehicles already in the postal fleet, as a fuel cost-saving measure. (Sec. 208) Limits the number of post offices that USPS may maintain or operate in a House or Senate Office Building. (Sec. 209) Requires USPS to: (1) consider the lawful carrying or storing of a firearm in a USPS parking lot in a manner not inconsistent with state or local laws and not in violation of any lease for use of such parking lot to be a lawful purpose under the federal criminal code, (2) make corresponding amendments to the Code of Federal Regulations, and (3) post signage in each parking lot to communicate to the general public such changes in law relating to the carrying or storing of firearms. Preserves the authority of the Postmaster General to establish workplace rules for USPS employees or regulations relating to nonpublic areas of postal facilities. Title III: Postal Service Revenue - (Sec. 301) Revises provisions relating to postal rates to authorize the USPS Board of Governors (currently, the Postal Regulatory Commission) to establish and periodically revise a system of rates and classes for market-dominant products. Sets forth factors to be taken into account in establishing or revising a system of rates, including: (1) the value of the mail service provided through each class or type of mail service to both the sender and recipient, including the educational, cultural, scientific, and informational value; (2) the direct and indirect postal costs attributable to each class or type of mail service; (3) the effect of rate increases upon postal customers; and (4) the available alternative means of sending and receiving letters and other mail matter. Requires such system of rates to be designed to achieve specified objectives, including incentivizing USPS to reduce costs and increase efficiency and to maintain high quality service standards. Authorizes the Board, not earlier than January 1, 2017, to submit to PRC a proposal for revisions to the system or for a new system consistent with specified objectives. Requires PRC to consider the Board's proposal and adopt it, without modification, or reject it. Terminates the postal rate preference for national and state political committees. Directs PRC to conduct a study to determine: (1) the extent to which USPS exercises monopoly power and the extent to which delivery services are reasonably available from a private carrier, and (2) the extent to which there are communities for which USPS exercises monopoly power for the delivery of items shipped by Standard Post or for which delivery services are not reasonably available for such items. (Sec. 302) Requires USPS to provide services that are not postal services if the provision of such services: (1) uses the processing, transportation, delivery, retail network, or technology of USPS; (2) is consistent with the public interest; (3) would not create unfair competition with the private sector; (4) does not unreasonably interfere with or detract from the value of postal services; (5) will be undertaken in accordance with all federal laws and regulations; and (6) is reasonably expected to improve the net financial position of USPS. Authorizes USPS to furnish property and services to states, local governments, and tribal governments. Requires USPS to report to PRC on the costs and revenues of such property and services. (Sec. 303) Authorizes the mailing of distilled spirits, wine, or malt beverages in accordance with the laws of the state, territory, or district where the sender initiates the mailing and the addressee takes delivery. Requires any addressee of such alcoholic beverages to be at least 21 years of age and provide a signature and government-issued photo identification. Title IV: Postal Service Governance - (Sec. 401) Reduces the Board of Governors of USPS to nine members, eliminating the Deputy Postmaster General from the Board. Authorizes the Board to establish an Executive Committee, which shall: (1) develop and oversee implementation of strategies and measures to ensure the long-term financial solvency of USPS, (2) develop and oversee the implementation of the financial plan and budget for USPS, and (3) made recommendations to the Board on aspects of postal operations. (Sec. 402) Establishes the Strategic Advisory Commission on Postal Service Solvency and Innovation to provide strategic guidance on enhancing the long-term solvency of USPS and foster innovative thinking to address challenges facing USPS without unfairly competing with the private sector. Requires the Advisory Commission to: (1) submit a report to the President, the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs, the Board of Governors of USPS, and the Postmaster General that contains a strategic blueprint for the long-term solvency of USPS; and (2) conduct a study on the advisability of USPS entering into interagency agreements that streamline and consolidate services provided by federal, state, and local agencies, decrease costs, improve efficiency, and maintain customer service standards of such agencies. Authorizes appropriations out of the Postal Service Fund for the Advisory Commission for FY2014-FY2015. (Sec. 403) Directs the Postmaster General to submit to the Board of Governors of USPS: (1) a plan describing the actions USPS intends to take to achieve long-term solvency; and (2) on an annual basis in each of the five fiscal years after the enactment of this Act, a financial plan and budget that is consistent with the goal of achieving long-term solvency. Sets forth a process for review and approval of the financial plan and budget by the Board of Governors. (Sec. 404) Establishes in USPS the position of Chief Innovation Officer, to be appointed by the Postmaster General. Requires such Innovation Officer to have proven expertise and a record of accomplishment in areas such as: (1) the postal and shipping industry; (2) innovative product research and development; (3) brand marketing strategy; (4) new and emerging technologies, including communications technology; or (5) business process management. Directs the Chief Innovation Officer to lead the development and implementation of innovative postal products and services and nonpostal services that have the potential to improve the net financial position of USPS. Directs the Chief Innovation Officer to submit to the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs: (1) an initial report containing a comprehensive strategy for improving the net financial position of USPS through innovation; and (2) an annual report, for a 10-year period, on the implementation of such strategy. (Sec. 405) Requires USPS to submit to Congress a comprehensive strategic plan for an area office and district office structure that will be efficient and cost effective, that will not substantially and adversely affect USPS operations, and that will reduce the total number of area and district offices. (Sec. 406) Makes the position of Inspector General of USPS a presidential appointment, subject to Senate confirmation (currently, the Inspector General is appointed by the Postmaster General). Grants the Inspector General oversight responsibility for all activities of the Postal Inspection Service. (Sec. 407) Allows PRC Commissioners to serve not more than two full terms. Requires PRC, by majority vote, to adopt policies that govern the functions of the Commission, including the finances, operations, and administration of the Commission, and to revise such policies, if necessary, not less than every four years. Makes the authority of the Chairman of PRC to direct executive and administrative functions subject to policies adopted by PRC. (Sec. 408) Prohibits USPS from entering into any contract that restricts the ability of Congress to exercise oversight authority. Title V: Federal Employees' Compensation Act - Workers' Compensation Reform Act of 2014 - (Sec. 502) Amends the Federal Employees' Compensation Act (FECA) to revise benefit payments for FECA enrollees. Reduces FECA benefits for totally disabled enrollees to 50% of their pre-disability pay upon the enrollee reaching full retirement age, as defined in the Social Security Act. Exempts any enrollee who: (1) has attained retirement age by the date of enactment of this Act, (2) is an individual who has an exempt disability condition, or (3) is a member of a household that meets eligibility requirements for the supplemental nutrition assistance program (SNAP). (Sec. 503) Eliminates augmented compensation under FECA for dependents of postal employees who have a work-related injury. Exempts employees who are totally disabled and allows augmented compensation, for three years after the enactment of this title, for employees who are partially disabled. (Sec. 504) Allows injured workers to receive schedule compensation payments (i.e., specific payments for certain injuries) if their FECA benefits are reduced under the provisions of this title. (Sec. 505) Revises requirements for vocational rehabilitation of injured workers (except workers who have attained retirement age) by: (1) requiring such workers to develop a comprehensive return to work plan and undergo vocational rehabilitation, (2) authorizing the Secretary of Labor to enter into an assisted reemployment agreement with public or private employers for hiring individuals eligible for wage-loss compensation for up to three years, and (3) extending vocational rehabilitation opportunities under FECA to partially disabled workers. (Sec. 506) Requires the Secretary to require employees who are receiving worker compensation benefits to report their earnings from employment or self-employment. Requires forfeiture of worker compensation for any period for which an employee fails to report or understates such earnings. (Sec. 507) Requires the Secretary to: (1) establish a disability management review process for certifying and monitoring the disability status and injuries of employees receiving benefits, and (2) require employees receiving benefits to submit to physical examinations to assess the nature and extent of their disability. (Sec. 508) Requires the three-day waiting period for the commencement of FECA benefits to begin immediately after a work-related injury for all injured federal employees (currently, different waiting periods apply to USPS employees and other federal employees). (Sec. 509) Requires individuals who are eligible for compensation under FECA and under CSRS or FERS or another retirement system to elect which benefits to receive. (Sec. 510) Authorizes the Secretary to: (1) use field nurses (registered nurses who assist in the medical management of disability claims and provide claimants with assistance in coordinating medical care) to coordinate medical services and vocational rehabilitation programs for injured employees, and (2) suspend compensation to employees who refuse to cooperate with a field nurse or who obstruct a field nurse in the performance of duties. (Sec. 511) Allows the federal government to recover continuation of pay (i.e., salary that is continued to be paid during the 45-day period between the beneficiary's injury and the start of FECA disability benefits) from third parties who are liable for the beneficiary's work-related injury. (Sec. 512) Directs the Secretary to establish an Integrity and Compliance Program and cooperate with other federal agencies to prevent, identify, and recover fraudulent and other improper payments for the FECA program. Establishes the FECA Integrity and Compliance Task Force to assist in implementing the Program. Grants the Secretary, the Postmaster General, and Inspectors General access to agency information to improve compliance with requirements under the Program, including social security earnings information, the OPM retiree database, the Department of Veterans Affairs Beneficiaries Database, and the National Directory of New Hires. Requires the establishment of protocols for the secure transfer and storage of any information provided under the Program. Requires GAO to conduct periodic reviews of the Program. (Sec. 513) Increases to $50,000 the benefit amount for a severe disfigurement of the face, head, or neck. Increases to $6,000 the maximum benefit amount for the reimbursement for funeral expenses for an employee who dies due to a work-related injury. (Sec. 514) Expands compensation provisions for the disability or death of a federal employee to include injuries sustained in at attack by a terrorist or terrorist organization, either known or unknown. Provides for continuation of pay for federal employees who sustain injuries in a zone of armed conflict. (Sec. 516) Requires the Secretary to promulgate regulations to carry out this title, including regulations clarifying what a claim is and when a period of disability for which a claim is made commences. (Sec. 517) Makes the provisions of this title effective 60 days after the enactment of this Act. Title VI: Property Management and Expedited Disposal of Real Property - Federal Real Property Asset Management Reform Act of 2014 - (Sec. 602) States that the purpose of this title is to increase the efficiency and effectiveness of the federal government in managing real property by: (1) requiring agencies to maintain an up-to-date inventory or real property; (2) establishing a Federal Real Property Council to develop guidance on, and ensure the implementation of, strategies for better managing federal real property; and (3) authorizing a pilot program to expedite the disposal of surplus real property. (Sec. 603) Defines for purposes of this title: "excess property" as any real property under the control of a federal agency that the agency head determines is not required to meet the needs or responsibilities of the agency; "surplus property" as excess real property that is not required to meet the needs or responsibilities of any agency, with specified exceptions; and "underutilized property" as a portion or the entirety of any real property, including improvements, that is used irregularly or intermittently by the accountable agency for program purposes or that is used for program purposes that can be satisfied only with a portion of the property. Requires each federal agency to: maintain adequate inventory controls and accountability systems for real property under agency control; develop current and future workforce projections to assess the needs of the federal workforce regarding the use of real property; continuously survey real property to identify excess property, underutilized property, and other real property suitable for colocation or consolidation with other federal agencies and facilities; promptly report excess property and underutilized property to the Administrator of the General Services Administration (GSA); establish goals to reduce excess property and underutilized property; submit to the Federal Real Property Council (established by this Act) a report on all excess property and underutilized property in the agency inventory; adopt workplace practices, configurations, and management techniques to increase productivity and decrease the need for federal real property assets; identify leased space that is not fully used or occupied; conduct an annual inventory of real property under agency control and make an assessment of such property using specified criteria; and provide to the Council and the GSA Administrator information used to establish and maintain the database of federal real property assets (established by this Act). Authorizes the Postmaster General to identify annually a list of postal property with space available for use by federal agencies and submit such list to the Council. Requires the Council to provide such list to each federal agency. Establishes the Council to: (1) develop guidance and ensure implementation of an efficient and effective real property management strategy, (2) identify opportunities to better manage real property assets, and (3) reduce the costs of managing real property. Requires the Council to: (1) establish a real property management plan template, updated annually, to reduce surplus property; (2) develop standard use rates and a strategy to reduce reliance of agencies on leased space; (3) provide guidance on eliminating inefficiencies in the leasing process; (4) compile a list of field offices that are suitable for colocation with other federal real property; and (5) report to the OMB Director on a list of remaining excess, surplus, and underutilized property in each agency and on the progress of the Council and agencies in meeting the objectives of this Act. Requires the GSA Administrator to establish and maintain a single, comprehensive, and descriptive database of real property under the custody and control of all federal agencies. Requires agencies with independent leasing authority to submit to the Council a list of all agency leases, including operating leases, in effect that includes the expiration dates of such leases and the annual rental rates. Requires the OMB Director to establish a pilot program to dispose of surplus property. Authorizes the Director to authorize the disposal of not more than 200 surplus properties. Authorizes the Secretary of Housing and Urban Development (HUD) to make grants to private nonprofit organizations to purchase real property to assist the homeless. (Sec. 604) Directs the Comptroller General to submit to Congress a draft and final report on the expedited disposal pilot program established by this Act.

To improve, sustain, and transform the United States Postal Service. 1. Short title This Act may be cited as the Postal Reform 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. Definitions. TITLE I—Postal Service workforce Sec. 101. Annual Federal Employee Retirement System and Civil Service Retirement System Assessments. Sec. 102. Postal service authority to negotiate retirement benefit terms for new employees. Sec. 103. Restructuring of payments for retiree health benefits. Sec. 104. Postal service health benefits plan. Sec. 105. Medicare coordination efforts for postal service employees and retirees. Sec. 106. Labor disputes. TITLE II—Postal Service operations Sec. 201. Maintenance of delivery service standards. Sec. 202. Preserving mail processing capacity. Sec. 203. Preserving community post offices. Sec. 204. Changes to mail delivery schedule. Sec. 205. Delivery point modernization. Sec. 206. Postal services for market-dominant products. TITLE III—Postal Service revenue Sec. 301. Postal rates. Sec. 302. Nonpostal services. Sec. 303. Shipping of wine, beer, and distilled spirits. TITLE IV—Postal Service governance Sec. 401. Board of Governors of the Postal Service. Sec. 402. Strategic Advisory Commission on Postal Service Solvency and Innovation. Sec. 403. Long-term solvency plan; annual financial plan and budget. Sec. 404. Chief Innovation Officer; innovation strategy. Sec. 405. Area and district office structure. Sec. 406. Inspector General of the Postal Service. TITLE V—Federal Employees’ Compensation Act Sec. 501. Short title; references. Sec. 502. Federal workers compensation reforms for retirement-age employees. Sec. 503. Augmented compensation for dependents. Sec. 504. Schedule compensation payments. Sec. 505. Vocational rehabilitation. Sec. 506. Reporting requirements. Sec. 507. Disability management review; independent medical examinations. Sec. 508. Waiting period. Sec. 509. Election of benefits. Sec. 510. Sanction for noncooperation with field nurses. Sec. 511. Subrogation of continuation of pay. Sec. 512. Integrity and compliance. Sec. 513. Amount of compensation. Sec. 514. Terrorism injuries; zones of armed conflict. Sec. 515. Technical and conforming amendments. Sec. 516. Regulations. Sec. 517. Effective date. TITLE VI—Property management and expedited disposal of real property Sec. 601. Short title. Sec. 602. Purpose. Sec. 603. Property management and expedited disposal of real property. Sec. 604. Report of the Comptroller General. Sec. 605. Technical and conforming amendment. 3. Definitions In this Act, the following definitions shall apply: (1) Commission The term Commission (2) Postal service The term Postal Service I Postal Service workforce 101. Annual Federal Employee Retirement System and Civil Service Retirement System Assessments (a) Use of postal-Specific assumptions in normal cost calculation (1) In general Section 8423(a) (A) in paragraph (1)— (i) in subparagraph (A)— (I) in clause (i), by inserting or (C) subparagraph (B) (II) in clause (ii), by striking and (ii) in subparagraph (B)(ii), by striking the period at the end and inserting ; and (iii) by adding at the end the following: (C) the product of— (i) the normal-cost percentage, as determined for employees of the United States Postal Service under paragraph (5), multiplied by (ii) the aggregate amount of basic pay payable by the United States Postal Service, for the period involved, to employees of the United States Postal Service. ; and (B) by adding at the end the following: (5) (A) In determining the normal-cost percentage for employees of the United States Postal Service, the Office shall use— (i) demographic factors specific to the employees; and (ii) economic assumptions regarding wage and salary growth that reflect the specific past, and likely future, pay for the employees. (B) The United States Postal Service shall provide any data or projections the Office requires in order to determine the normal-cost percentage for employees of the United States Postal Service consistent with subparagraph (A). (C) The Office shall review the determination of the normal-cost percentage for employees of the United States Postal Service and make such adjustments as are necessary— (i) upon request of the United States Postal Service, but no more frequently than once each fiscal year; and (ii) at any additional times, as the Office considers appropriate. . (2) Initial determination Not later than 90 days after the date of enactment of this Act, the Office shall determine the normal-cost percentage for employees of the United States Postal Service in accordance with the requirements under section 8423(a)(5) (b) Postal funding surplus or liability (1) Treatment of postal funding surplus Section 8423(b) (A) by redesignating paragraph (5) as paragraph (6); and (B) by inserting after paragraph (4) the following: (5) (A) In this paragraph, the term postal funding surplus (B) (i) After the date on which the Office determines or redetermines under paragraph (7)(C) the amount of supplemental liability computed under paragraph (1)(B) as of the close of the fiscal year ending on September 30, 2013, and if such amount is less than zero, the Postmaster General may request that some or all of the amount of the postal funding surplus be returned to the Postal Service, and not later than 10 days after the request, the Director shall transfer to the United States Postal Service from the Fund an amount equal to the portion of the postal funding surplus requested for use in accordance with this subparagraph. (ii) Of the amount transferred under clause (i), not more than $6,000,000,000 may be used by the United States Postal Service for the purposes of repaying any obligation issued under section 2005(a) of title 39. (C) If the amount of supplemental liability computed under paragraph (1)(B) as of the close of any fiscal year commencing after September 30, 2013, is less than zero, the Office shall establish an amortization schedule, including a series of annual installments, to be transferred to the United States Postal Service from the Fund, commencing on September 30 of the subsequent fiscal year, which provides for the liquidation of the postal funding surplus by September 30, 2054. . (2) Supplemental liability calculation (A) FERS Section 8423(b) of title 5, United States Code, as amended by paragraph (1) of this subsection, is amended— (i) in paragraph (6), as so redesignated, in the matter preceding subparagraph (A), by striking For the purpose Subject to paragraph (7), for the purpose (ii) by adding at the end the following: (7) (A) For the purpose of carrying out paragraph (1)(B) with respect to the fiscal year ending September 30, 2013, and each fiscal year thereafter, the Office shall, consistent with subsection (a)(5), use— (i) demographic factors specific to current and former employees of the United States Postal Service; and (ii) economic assumptions regarding wage and salary growth that reflect the specific past and likely future pay for current employees of the United States Postal Service. (B) The United States Postal Service shall provide any data or projections the Office requires in order to carry out paragraph (1)(B) consistent with subparagraph (A) of this paragraph. (C) Not later than June 14, 2014, the Office shall determine or redetermine whether there is a postal funding surplus (as defined in paragraph (5)) or a supplemental liability described in paragraph (1)(B) (and the amount thereof) as of the close of the fiscal year ending on September 30, 2013, in accordance with the requirements under subparagraph (A) of this paragraph. . (B) CSRS Section 8348(h) of title 5, United States Code, is amended— (i) in paragraph (2), by striking subparagraph (B) and inserting the following: (B) (i) (I) Not later than June 14, 2014, the Office shall redetermine the Postal surplus or supplemental liability as of the close of the fiscal year ending on September 30, 2013, in accordance with the requirements under paragraph (4). (II) If the result of the redetermination under subclause (I) is a surplus, that amount shall remain in the Fund until distribution is authorized under subparagraph (C). (III) If the result of the redetermination under subclause (I) is a supplemental liability, the Office shall establish an amortization schedule, including a series of annual installments commencing on September 30, 2015, which provides for the liquidation of such liability by September 30, 2054. (ii) (I) The Office shall redetermine the Postal surplus or supplemental liability as of the close of each fiscal year beginning after September 30, 2013, in accordance with the requirements under paragraph (4). (II) If the result of the redetermination under subclause (I) is a surplus, that amount shall remain in the Fund until distribution is authorized under subparagraph (C). (III) On and after June 15, 2015, if the result of the redetermination under subclause (I) is a supplemental liability, the Office shall establish an amortization schedule, including a series of annual installments commencing on September 30 of the subsequent fiscal year, which provides for the liquidation of such liability by September 30, 2054. ; and (ii) by adding at the end the following: (4) (A) For the purpose of carrying out paragraphs (1) and (2), the Office shall, consistent with section 8423(a)(5), use— (i) demographic factors specific to current and former employees of the United States Postal Service; and (ii) economic assumptions regarding wage and salary growth that reflect the specific past and likely future pay for current employees of the United States Postal Service. (B) The United States Postal Service shall provide any data or projections the Office requires in order to carry out paragraphs (1) and (2) consistent with subparagraph (A) of this paragraph. . 102. Postal service authority to negotiate retirement benefit terms for new employees (a) Authority To negotiate retirement benefit terms (1) Collective bargaining over certain retirement benefits Section 1005 of title 39, United States Code, is amended by adding at the end the following: (g) (1) In this subsection— (A) the term collective bargaining agreement Postal Reform Act of 2013 (B) the term new employee Postal Reform Act of 2013 (C) the term not covered under the FERS defined benefit plan chapter 84 (2) (A) A collective bargaining agreement may provide, notwithstanding chapter 84 (B) If a new employee is not covered under the FERS defined benefit plan pursuant to a collective bargaining agreement, any subsequent service by the new employee as an officer or employee of the Postal Service shall be not covered under the FERS defined benefit plan. (C) Subject to the requirements under this subsection, a collective bargaining agreement may include one or more additional retirement benefit plans for the benefit of some or all new employees covered under the collective bargaining agreement. (3) (A) A collective bargaining agreement may establish, with respect to some or all new employees covered under the collective bargaining agreement— (i) without regard to section 8422 of title 5, and subject to subparagraph (C) of this paragraph and paragraph (2)(B), the amounts to be deducted and withheld from the pay of the new employees for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund; (ii) without regard to section 8432 of title 5, whether the Postal Service shall make contributions to the Thrift Savings Fund for the benefit of the new employees, and, if the Postal Service shall make such contributions, the amounts that the Postal Service shall contribute; and (iii) for any retirement benefit plan established under the bargaining agreement, the amounts to be deducted and withheld from the pay of the new employees under the retirement benefit plan for the benefit of the new employees. (B) Except as provided in paragraph (2)(B), a collective bargaining agreement may establish the amounts described in subparagraph (A)(i) with respect to some or all new employees who were covered under a previous collective bargaining agreement. (C) The Postal Service shall, under section 8422(c) (4) If any new employee is not covered under the FERS defined benefit plan pursuant to a collective bargaining agreement, any member of the Postal Career Executive Service shall be not covered under the FERS defined benefit plan on and after the effective date of the collective bargaining agreement. (5) Except as provided in paragraph (3)(A), nothing in this subsection or in a provision of a collective bargaining agreement entered under this subsection shall affect the coverage of an officer or employee of the Postal Service under subchapter III of chapter 84 of the United States Code (relating to the Thrift Savings Plan). . (2) Applicability of laws relating to Federal employees Section 1005 (A) in subsection (d)(1), by striking Officers Except as provided in subsection (g), officers (B) in subsection (f), in the second sentence— (i) by inserting 84, 87, (ii) by striking this subsection. this subsection or subsection (g). (b) Special rules relating to FERS coverage for covered postal employees (1) In general Subchapter II of chapter 84 8426. Postal Service retirement The application of sections 8422 and 8423 of this title and subchapters III and VII of this chapter with respect to an officer or employee of the Postal Service may be modified as provided under section 1005(g) of title 39. . (2) Technical and conforming amendments The table of sections for chapter 84 of title 5, United States Code, is amended by adding at the end the following: 8426. Postal Service retirement. . 103. Restructuring of payments for retiree health benefits (a) Contributions Section 8906(g)(2)(A) of title 5, United States Code, is amended by striking through September 30, 2016, be paid by the United States Postal Service, and thereafter shall after the date of enactment of the Postal Reform Act of 2013 (b) Postal service retiree health benefits fund Section 8909a (1) in subsection (d)— (A) by striking paragraph (2) and inserting the following: (2) (A) Not later than June 30, 2016, the Office shall compute, and by June 30 of each succeeding year, the Office shall recompute, a schedule including a series of annual installments which provide for the liquidation of the amount described under subparagraph (B) (regardless of whether the amount is a liability or surplus) by September 30, 2052, or within 15 years, whichever is later, including interest at the rate used in the computations under this subsection. (B) The amount described in this subparagraph is the amount, as of the date on which the applicable computation or recomputation under subparagraph (A) is made, that is equal to the difference between— (i) 80 percent of the Postal Service actuarial liability as of September 30 of the most recently ended fiscal year; and (ii) the value of the assets of the Postal Retiree Health Benefits Fund as of September 30 of the most recently ended fiscal year. ; (B) in paragraph (3)— (i) in subparagraph (A)— (I) in clause (iii), by adding and (II) in clause (iv), by striking the semicolon at the end and inserting a period; and (III) by striking clauses (v) through (x); and (ii) in subparagraph (B), by striking 2017 2016 (C) by amending paragraph (4) to read as follows: (4) Computations under this subsection shall be based on— (A) economic and actuarial methods and assumptions consistent with the methods and assumptions used in determining the Postal surplus or supplemental liability under section 8348(h); and (B) any other methods and assumptions, including a health care cost trend rate, that the Director of the Office determines to be appropriate. ; and (D) by adding at the end the following: (7) In this subsection, the term Postal Service actuarial liability (A) the net present value of future payments required under section 8906(g)(2)(A) for current and future United States Postal Service annuitants; and (B) the net present value as computed under paragraph (1) attributable to the future service of United States Postal Service employees. ; and (2) by adding at the end the following: (e) Subsections (a) through (d) of this section shall be subject to section 104 of the Postal Reform Act of 2013 . (c) Cancellation of certain unpaid obligations of the postal service Any obligation of the Postal Service under section 8909a(d)(3)(A) (d) Technical and conforming amendment The heading of section 8909a Benefit Benefits 104. Postal service health benefits plan (a) Definitions In this section— (1) the term bargaining representative section 1203 (2) the term covered employee (A) represented by a bargaining representative; or (B) a member of the Postal Career Executive Service; (3) the term Federal Employee Health Benefits Program chapter 89 (4) the term participant (A) a covered employee who is— (i) represented by a bargaining representative that enters into an agreement to establish a Postal Service Health Benefits Plan; or (ii) if any bargaining representative enters into an agreement to establish a Postal Service Health Benefits Plan, a member of the Postal Career Executive Service; and (B) an officer or employee of the Postal Service who— (i) is not a covered employee; and (ii) elects to participate in the Postal Service Health Benefits Plan; and (5) the term Postal Service Health Benefits Plan (b) Collective bargaining (1) In general Consistent with section 1005(f) (A) satisfies the conditions under subsection (c); and (B) may be a health benefits plan offered under chapter 89 (2) Consultation with OPM The Postal Service and bargaining representatives shall conduct negotiations under paragraph (1) in consultation with the Director of the Office of Personnel Management. (3) Consultation with supervisory and managerial personnel In the course of negotiations under paragraph (1), the Postal Service shall consult with each of the organizations of supervisory and other managerial personnel that are recognized under section 1004 (4) Disputes If the Postal Service or a bargaining representative offers a proposed agreement for negotiation under paragraph (1) and the parties do not reach agreement within 180 days after the commencement of collective bargaining on the proposal, the procedures under section 1207(d) (5) Time limitation The authority under this subsection shall extend until the date that is 2 years after the date of enactment of this Act. (c) Postal service health benefits plan The Postal Service Health Benefits Plan— (1) shall— (A) be available for participation by— (i) all covered employees represented by a bargaining representative entering an agreement described in subsection (b)(1); and (ii) all covered employees who are members of the Postal Career Executive Service; (B) be available for participation by any officer or employee of the Postal Service who is not a covered employee, at the option solely of that officer or employee; (C) provide coverage that is actuarially equivalent to the coverage offered under the types of plans available under the Federal Employee Health Benefits Program, as determined by the Director of the Office of Personnel Management; (D) be administered in a manner determined in an agreement or agreements reached under subsection (b); (E) unless the Postal Service Health Benefits Plan is a health benefits plan offered under chapter 89 of title 5, United States Code, provide for transition of coverage under the Federal Employee Health Benefits Program of all participants in the Postal Service Health Benefits Plan to coverage under the Postal Service Health Benefits Plan; and (F) if the Postal Service Health Benefits Plan is a health benefits plan offered under chapter 89 of title 5, United States Code, and except as provided in section 8903c of title 5, United States Code, as added by section 105 of this Act, provide that the Postal Service Health Benefits Plan is the only health benefits plan under the Federal Employee Health Benefits Program in which a participant in the Postal Service Health Benefits Plan may participate as an employee; (2) may provide dental benefits; and (3) may provide vision benefits. (d) Agreement and implementation If an agreement or agreements are reached under subsection (b) to provide a Postal Service Health Benefits Plan— (1) the Postal Service shall implement the Postal Service Health Benefits Plan; (2) the Postal Service Health Benefits Plan shall constitute an agreement between the collective bargaining representatives and the Postal Service for purposes of section 1005(f) (3) unless the Postal Service Health Benefits Plan is a health benefits plan offered under chapter 89 of title 5, United States Code, participants in the Postal Service Health Benefits Plan may not participate as employees in the Federal Employees Health Benefits Program. (e) Governmental plan The Postal Service Health Benefits Plan shall be a governmental plan as that term is defined under section 3(32) of Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(32) (f) Report Not later than 6 months after the earlier of the date on which any agreement is reached under subsection (b) and June 30, 2016, the Postal Service shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives that— (1) reports on the implementation of this section; and (2) requests any additional statutory authority that the Postal Service determines is necessary to carry out the purposes of this section. 105. Medicare coordination efforts for postal service employees and retirees (a) Additional enrollment options under federal employees health benefits plans Chapter 89 8903c. Coordination with Medicare for Postal Service employees and annuitants (a) Definitions In this section— (1) the term contract year (2) the term Medicare part A (3) the term Medicare part B 42 U.S.C. 1395j et seq. (4) the term Postal Service employee or annuitant (A) an employee of the Postal Service covered under this chapter; or (B) an annuitant covered under this chapter whose Government contribution is paid by the Postal Service or the Postal Service Retiree Health Benefits Fund under section 8906(g)(2). (b) Enrollment options (1) Establishment (A) In general For contract years beginning on or after January 1, 2015, the Office shall establish enrollment options for health benefits plans that are open only to Postal Service employees and annuitants, and family members of a Postal Service employee or annuitant, who are enrolled in Medicare part A and Medicare part B. (B) Additional plans The enrollment options established under this subsection shall be in addition to any other health benefit plan or enrollment option otherwise available to Postal Service employees or annuitants under this chapter and shall not affect the eligibility of a Postal Service employee or annuitant for any another health benefit plan or enrollment option under this chapter. (2) Enrollment eligibility (A) In general Any Postal Service employee or annuitant, or family member of a Postal Service employee or annuitant, who is enrolled in Medicare part A and Medicare part B may enroll in 1 of the enrollment options established under paragraph (1). (B) Determination of eligibility Eligibility to enroll in an enrollment option established under paragraph (1) shall be determined without regard to the requirements under section 8905(b). (3) Value of coverage The Office shall ensure that the aggregate actuarial value of coverage under the enrollment options established under this subsection, in combination with the value of coverage under Medicare part A and Medicare part B, shall be not less than the actuarial value of the most closely corresponding enrollment options for each plan available under section 8905, in combination with the value of coverage under Medicare part A and Medicare part B. (4) Enrollment options (A) In general The enrollment options established under paragraph (1) shall include— (i) an individual option, for Postal Service employees or annuitants enrolled in Medicare part A and Medicare part B; (ii) a self and family option, for Postal Service employees or annuitants and family members who are each enrolled in Medicare part A and Medicare part B; and (iii) a self and family option, for Postal Service employees or annuitants— (I) who are enrolled in Medicare part A and Medicare part B; and (II) the family members of whom are not enrolled in Medicare part A or Medicare part B. (B) Specific sub-options The Office may establish more specific enrollment options within the types of options described under subparagraph (A). (5) Reduced premiums to account for medicare coordination In determining the premiums for the enrollment options under paragraph (4), the Office shall— (A) establish a separate risk pool for individuals eligible for coverage under any of those options; and (B) ensure that— (i) the premiums are reduced from the premiums otherwise established under this chapter to directly reflect the full cost savings to the health benefits plans due to the complete coordination of benefits with Medicare part A and Medicare part B for Postal Service employees or annuitants, or family members of Postal Service employees or annuitants, who are enrolled in Medicare part A and Medicare part B; and (ii) the cost savings described under clause (i) result solely in the reduction of— (I) the premiums paid by the Postal Service employee or annuitant; and (II) the Government contributions paid by the Postal Service or other employer. (c) Postal service consultation The Office shall establish the enrollment options and premiums under this section in consultation with the Postal Service. . (b) Technical and conforming amendments The table of sections for chapter 89 of title 5, United States Code, is amended by inserting after the item relating to section 8903b the following: 8903c. Coordination with Medicare for Postal Service employees and annuitants. . (c) Effective date The amendments made by subsection (a) shall apply with respect to contract years beginning on or after January 1, 2015. (d) Special enrollment period for postal service employees and annuitants (1) Special enrollment period Section 1837 of the Social Security Act (42 U.S.C. 1395p) is amended by adding at the end the following new subsection: (m) (1) In the case of any individual who, as of the date of enactment of the Postal Reform Act of 2013 (2) The special enrollment period described in this paragraph, with respect to an individual, is the 1-year period beginning on July 1, 2014. (3) In the case of an individual who enrolls during the special enrollment period provided under paragraph (1), the coverage period under this part shall begin on the first day of the month in which the individual enrolls. . (2) Waiver of increase of premium Section 1839(b) of the Social Security Act ( 42 U.S.C. 1395r(b) (i)(4) or (l) (i)(4), (l), or (m) 106. Labor disputes Section 1207(c) of title 39, United States Code, is amended— (1) in paragraph (2)— (A) by inserting (A) (2) (B) by striking the last sentence and inserting The arbitration board shall render a decision not later than 45 days after the date of its appointment. (C) by adding at the end the following: (B) In rendering a decision under this paragraph, the arbitration board shall consider such relevant factors as the financial condition of the Postal Service. ; and (2) by adding at the end the following: (4) Nothing in this section may be construed to limit the relevant factors that the arbitration board may take into consideration in rendering a decision under paragraph (2). . II Postal Service operations 201. Maintenance of delivery service standards During the 2-year period beginning on the date of enactment of this Act, the Postal Service shall maintain the service standards for first-class mail and periodicals under part 121 of title 39, Code of Federal Regulations, as in effect on the date of enactment of this Act. 202. Preserving mail processing capacity (a) Definition of postal facility In this section, the term postal facility (b) Moratorium on closures of postal facilities During the 2-year period beginning on the date of enactment of this Act, the Postal Service may not close or consolidate any postal facility that is open as of the date of enactment of this Act. 203. Preserving community post offices Section 404(d) of title 39, United States Code, is amended— (1) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; (2) by striking paragraphs (1) through (4) and inserting the following: (d) (1) In this subsection, the term post office (2) The Postal Service, prior to making a determination under subsection (a)(3) of this section as to the necessity for the discontinuance of any post office, shall, to the extent practicable and appropriate— (A) consider whether— (i) to discontinue the post office and another post office located within a reasonable distance; (ii) instead of discontinuing the post office— (I) to reduce the number of hours a day that the post office operates; or (II) to continue operating the post office for the same number of hours a day; (iii) to procure a contract providing full, or less than full, retail services in the community served by the post office; or (iv) to provide postal services to the community served by the post office— (I) through a letter carrier; or (II) by co-locating postal services at a commercial or government entity; (B) provide postal customers served by the post office an opportunity to present their views, which may be by nonbinding survey conducted by mail; and (C) if the Postal Service determines to discontinue the post office, provide adequate public notice of its intention to discontinue such post office at least 60 days prior to the proposed date of such discontinuance to persons served by such post office. (3) The Postal Service, in making a determination whether or not to discontinue a post office— (A) shall consider, to the extent practicable and appropriate— (i) the effect of the discontinuance on the community served by such post office; (ii) the effect of the discontinuance on businesses, including small businesses, in the area; (iii) the effect of such discontinuance on employees of the Postal Service employed at such office; (iv) whether such discontinuance is consistent with the policy of the Government, as stated in section 101(b) of this title, that the Postal Service shall provide a maximum degree of effective and regular postal services to rural areas, communities, and small towns where post offices are not self-sustaining; (v) the extent to which the community served by the post office lacks access to Internet phone service; (vi) the extent to which postal customers served by the post office would continue after the discontinuance to receive substantially similar access to essential items and time-sensitive communications; (vii) the proximity and accessibility of other post offices; (viii) whether substantial economic savings to the Postal Service would result from such discontinuance; and (ix) such other factors as the Postal Service determines are necessary; and (B) may not consider compliance with any provision of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.). (4) Any determination of the Postal Service to discontinue a post office shall be in writing and shall include the findings of the Postal Service, to the extent practicable and appropriate, with respect to the considerations required to be made under paragraph (3) of this subsection. Such determination and findings shall be made available to persons served by such post office by public notice. (5) (A) The Postal Service shall take no action to discontinue a post office until 60 days after its written determination is made available to persons served by such post office. (B) The Postal Service shall take no action to discontinue a post office until 60 days after the Postal Service provides written notice of the determination under paragraph (4) to the State board of elections for the State in which the post office is located. ; (3) in paragraph (6), as redesignated by this section— (A) by striking close or consolidate discontinue (B) by striking paragraph (3) paragraph (4) (4) in paragraph (7), as redesignated by this section, by striking paragraph (5) paragraph (6) 204. Changes to mail delivery schedule (a) Limitation on change in schedule The Postal Service may establish a general, nationwide delivery schedule of 5 or fewer days per week to street addresses under the authority of the Postal Service under title 39, United States Code, if— (1) the Postal Service determines that such a delivery schedule would contribute to the achievement of long-term solvency; and (2) not less than 1 year has elapsed since the date of enactment of this Act. (b) Implementation (1) In general If the Postal Service intends to establish a change in delivery schedule under subsection (a), the Postal Service, to the extent practicable and appropriate, shall— (A) identify customers and communities for which the change may have a disproportionate, negative impact, including small business customers and the customers identified as particularly affected (B) develop measures to ameliorate any disproportionately negative impact the change would have on customers and communities identified under paragraph (1); and (C) not later than 3 months before the effective date for any proposed change, submit a report that includes the determination required under subsection (a)(1) and details any measures developed pursuant to subparagraph (B) of this paragraph to— (i) the Committee on Homeland Security and Governmental Affairs of the Senate; (ii) the Committee on Oversight and Government Reform of the House of Representatives; and (iii) the Commission. (2) Rule of construction Nothing in this subsection shall be construed to affect the authority of the Postal Service to establish a nationwide delivery schedule of 5 or fewer days per week if the conditions in subsection (a) are satisfied. (c) GAO report Not later than 270 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a report evaluating the extent to which a change in delivery schedule would improve the financial condition of the Postal Service and assist in the efforts of the Postal Service to achieve long-term solvency, taking into consideration other ongoing and planned efforts to increase revenue and reduce costs, consistent with the requirements of this Act. (d) Rules of construction Nothing in this section shall be construed to— (1) require the decrease or increase in delivery frequency for any route for which the Postal Service provided delivery on fewer than 6 days per week as of the date of enactment of this Act; (2) authorize any change in— (A) the days and times that postal retail service or any mail acceptance is available at postal retail facilities or processing facilities; or (B) the locations at which postal retail service or mail acceptance occurs at postal retail facilities or processing facilities; (3) require any change in the frequency of delivery to a post office box; (4) prohibit the collection or delivery of a competitive mail product on a weekend, a recognized Federal holiday, or any other specific day of the week; or (5) prohibit the Postal Service from exercising its authority to make changes to processing or retail networks. (e) Packages Notwithstanding any other provision of this section, for a period of not less than 2 years, beginning on the date of enactment of this Act, the Postal Service shall provide package service— (1) 6 days per week to each street address that was eligible to receive package service 6 days per week as of January 1, 2013; and (2) 7 days per week to each street address for which the Postal Service determines that such service provides an economic benefit to the Postal Service. (f) Mailbox access If the Postal Service establishes a general, nationwide delivery schedule of 5 or fewer days per week consistent with the provisions of this section, the Postal Service shall amend the Mailing Standards of the United States, Domestic Mail Manual to ensure that the provisions of section 508.3.2.10 of such manual, as in effect on January 1, 2013, shall apply on any day on which the Postal Service does not deliver the mail under the established delivery schedule. 205. Delivery point modernization (a) In general Subchapter VII of chapter 36 3692. Delivery point modernization (a) Definitions In this section, the following definitions shall apply: (1) Centralized delivery The term centralized delivery (2) Curbside delivery The term curbside delivery (3) Delivery point The term delivery point (4) District office The term district office (5) Door delivery The term door delivery (A) means a primary mode of mail delivery whereby mail is— (i) delivered to a mail receptacle at or near a postal customer’s door; or (ii) hand-delivered to a postal customer; and (B) does not include curbside or centralized delivery. (6) Primary mode of mail delivery The term primary mode of mail delivery (b) Policy Except as otherwise provided in this section, including paragraphs (4) and (5) of subsection (c), it shall be the policy of the Postal Service to use the primary mode of mail delivery that is most cost-effective and is in the best long-term interest of the Postal Service. (c) Conversion to other delivery modes (1) New addresses Except as provided in paragraphs (4) and (5), the Postal Service shall provide centralized delivery to new addresses established after the date of enactment of the Postal Reform Act of 2013 (2) Business address conversion The Postal Service shall carry out a program to convert business addresses with door delivery on the date of enactment of the Postal Reform Act of 2013 (3) Residential address conversion (A) Identification Not later than 9 months after the date of enactment of the Postal Reform Act of 2013 (B) Voluntary conversion Not later than 1 year after the date of enactment of the Postal Reform Act of 2013 (C) Procedures In pursuing conversion under subparagraph (B), the Postal Service shall establish procedures to— (i) solicit and consider input from postal customers, State and local governments, local associations, and property owners; and (ii) place centralized delivery points in locations that maximize delivery efficiency, ease of use for postal customers, and respect for private property rights. (4) Exceptions In establishing a primary mode of mail delivery for new addresses under paragraph (1) or converting the primary mode of mail delivery for an address under paragraph (2) or (3), the Postal Service may provide door delivery if— (A) a physical barrier precludes the efficient provision of centralized delivery or curbside delivery; (B) the address is located in a registered historic district, as that term is defined in section 47(c)(3)(B) of the Internal Revenue Code of 1986; or (C) the Postal Service determines that the provision of centralized delivery or curbside delivery would be impractical, would not be cost-effective, or would not be in the best long-term interest of the Postal Service. (5) Waiver for physical hardship The Postal Service shall establish and maintain a waiver program under which, upon the application of a postal customer, door delivery may be continued or provided to a delivery point if— (A) centralized delivery or curbside delivery would, but for this paragraph, be the primary mode of mail delivery for the delivery point; and (B) a physical hardship prevents the postal customer from receiving his or her mail through any other form of mail delivery. . (b) Clerical amendment The table of sections for subchapter VII of chapter 36 of title 39, United States Code, is amended by adding at the end the following: 3692. Delivery point modernization. . 206. Postal services for market-dominant products (a) In general Strike section 3661 of title 39, United States Code, and insert the following: 3661. Postal services for market-dominant products (a) General obligation The Postal Service shall develop and promote adequate and efficient postal services with respect to its market-dominant products. (b) Change in service The Board of Governors of the Postal Service is authorized to determine whether there should be a change in the nature of postal service provided for market-dominant products that will generally affect such service on a nationwide or substantially nationwide basis. The authority under this subsection may not be delegated to the Postmaster General or to any other individual or entity. (c) Notice, comment, and review (1) Notice (A) In general Not later than 60 days before the date on which any change in service under subsection (b) is implemented, the Board of Governors shall provide public notice of the proposed change in service implementation of the proposed change, including any adjustment in classes or rates proposed to be made under this section. (B) Publication The notice required by subparagraph (A) shall be— (i) published in the Federal Register and on the website of the Postal Service; and (ii) provided to the Postal Regulatory Commission. (C) Contents The notice required by subparagraph (A) shall describe the proposed change in service, and address the consistency of the change with the policies of this title, including its effect on the provision of universal postal service. (2) Public comment The Board of Governors shall solicit and receive public comments on any proposed change in service under subsection (b). The Board shall give interested persons an opportunity to comment on the proposed change in service through the submission of written data, views, or arguments, with or without opportunity for oral presentation, and shall take any relevant matter presented into consideration in making its final determination regarding the proposed change in service. (3) Final decision Not later than 30 days before the date on which a change in service under subsection (b) takes effect, the Board of Governors shall issue a final decision on the change in service which shall— (A) be published in the Federal Register and on the website of the Postal Service; and (B) include an explanation responding to all relevant comments received. (4) Commission review Any change in service made by the Board of Governors under this section shall be subject to review by the Commission under section 3662. (d) Limitation Nothing in this section shall be construed as authorizing the making of changes under this section to the nature of service provided for competitive products. For a change that affects the nature of service provided for both market-dominant products and competitive products, only the effect on market-dominant products shall be subject to this section. . (b) Technical and conforming amendment The table of sections for chapter 36 of title 39, United States Code, is amended by striking the item relating to section 3661 and inserting the following: 3661. Postal services for market-dominant products. . III Postal Service revenue 301. Postal rates (a) Modern rate system (1) In general Chapter 36 3622. Modern rate system (a) Authority generally The Board of Governors of the Postal Service shall establish, and may from time to time thereafter revise, a system of classes and rates for market-dominant products, consistent with the requirements of this section. The authority under this section may not be delegated to the Postmaster General or to any other individual or body. (b) Objectives Such system shall be designed to achieve the following objectives, each of which shall be applied in conjunction with the others: (1) To maximize incentives for the Postal Service to reduce costs and increase efficiency. (2) To create predictability and stability in rates through the establishment of a schedule whereby rates change at regular intervals by predictable amounts. (3) To maintain high quality service standards established under section 3691. (4) To assure adequate revenues, including retained earnings, to maintain financial stability. (5) To establish and maintain a just and reasonable schedule for rates and classifications, however the objective under this paragraph shall not be construed to prohibit the Board of Governors from making changes of unequal magnitude within, between, or among classes of mail. (6) To enhance mail security and deter terrorism. (7) To allocate the total institutional costs of the Postal Service appropriately between market-dominant and competitive products, in accordance with regulations established by the Postal Regulatory Commission under section 3633. (c) Factors In establishing or revising such system, the Board of Governors shall take into account— (1) the value of the mail service actually provided each class or type of mail service to both the sender and the recipient, including but not limited to the collection, mode of transportation, and priority of delivery; (2) the direct and indirect postal costs attributable to each class or type of mail service through reliably identified causal relationships and that portion of all other costs of the Postal Service reasonably assignable to such class or type; (3) the effect of rate increases upon the general public, business mail users, and enterprises in the private sector of the economy engaged in the delivery of mail matter other than letters; (4) the available alternative means of sending and receiving letters and other mail matter at reasonable costs; (5) the simplicity of structure for the entire schedule and simple, identifiable relationships between the rates or fees charged the various classes of mail for postal services; (6) the relative value to the people of the kinds of mail matter entered into the postal system and the desirability and justification for special classifications and services of mail; (7) the importance of providing classifications with extremely high degrees of reliability and speed of delivery and of providing those that do not require high degrees of reliability and speed of delivery; (8) the desirability of special classifications for both postal users and the Postal Service in accordance with the policies of this title; (9) the educational, cultural, scientific, and informational value to the recipient of mail matter; (10) the need for the Postal Service to increase its efficiency and reduce its costs, including infrastructure costs, to help maintain high quality, affordable postal services; (11) the value to the Postal Service and postal users of promoting intelligent mail and of secure, sender-identified mail; and (12) the policies of this title as well as such other factors as the Board of Governors determines appropriate. (d) Notice, comment, and review (1) Notice The Board of Governors shall provide notice of any adjustment in classes or rates proposed to be made under this section— (A) not less than— (i) 90 days before implementation of any class or rate adjustment that affects all or substantially all market-dominant products; and (ii) 45 days before implementation of any other class or rate adjustment; and (B) to— (i) the public, including by— (I) publication in the Federal Register; and (II) posting on Postal Service’s website; and (ii) the Postal Regulatory Commission. (2) Public comment The Board of Governors shall solicit and receive public comments on any proposed rate or class adjustment, and shall take such comments into account in making its final determination as to a rate or class adjustment. (3) Final decision Not later than 10 days before a rate or class adjustment takes effect, the Board of Governors shall issue a final decision on the adjustment which shall— (A) be published in the Federal Register and on the Postal Service’s website; and (B) include an explanation responding to all relevant comments received. (4) Commission review Any adjustment made by the Board of Governors under this section shall be subject to review by the Commission under section 3662. (e) Limitations on rate adjustments (1) Annual limitation The Board of Governors may not increase rates under this section for market-dominant products as a whole by an annual percentage that exceeds the percentage change in the Consumer Price Index for All Urban Consumers unadjusted for seasonal variation over the most recent available 12-month period preceding the date the Board of Governors provides notice of its intention to increase rates. (2) Conditions (A) Rounding of rates and fees Nothing in this subsection shall preclude the Board of Governors from rounding rates and fees to the nearest whole integer, if the effect of such rounding does not cause the overall rate increase for any class to exceed the Consumer Price Index for All Urban Consumers. (B) Use of unused rate authority (i) Definition In this subparagraph, the term unused rate adjustment authority (I) the maximum amount of a rate adjustment that the Board of Governors is authorized to make in any year subject to the annual limitation under paragraph (1); and (II) the amount of the rate adjustment the Board of Governors actually makes in that year. (ii) Authority Subject to clause (iii), the Postal Service may use any unused rate adjustment authority for any of the 5 years following the year such authority occurred. (iii) Limitations In exercising the authority under clause (ii) in any year, the Postal Service— (I) may use unused rate adjustment authority from more than 1 year; (II) may use any part of the unused rate adjustment authority from any year; (III) shall use the unused rate adjustment authority from the earliest year such authority first occurred and then each following year; and (IV) may not exceed the annual limitation under paragraph (1) by more than 2 percentage points. (3) Exigent circumstances Notwithstanding any limitation under subsection (d)(1) and paragraph (1) of this subsection, and provided there is not sufficient unused rate authority under paragraph (2)(B), the Board of Governors may adjust rates on an expedited basis due to either extraordinary or exceptional circumstances, provided that the Board of Governors unanimously determines, after notice and opportunity for public comment, that such adjustment is reasonable and equitable and necessary to enable the Postal Service, under best practices of honest, efficient, and economical management, to maintain and continue the development of postal services of the kind and quality adapted to the needs of the United States. (4) Expiration of rate cap Any system of rates and classes established or revised by the Board of Governors under subsection (a) after December 20, 2016, shall not be subject to the limitation in paragraph (1) of this subsection. (f) Workshare discounts (1) Definition In this subsection, the term workshare discount (2) Scope The Board of Governors shall ensure that such discounts do not exceed the cost that the Postal Service avoids as a result of workshare activity, unless— (A) the discount is— (i) associated with a new postal service, a change to an existing postal service, or with a new work share initiative related to an existing postal service; and (ii) necessary to induce mailer behavior that furthers the economically efficient operation of the Postal Service and the portion of the discount in excess of the cost that the Postal Service avoids as a result of the workshare activity will be phased out over a limited period of time; (B) the amount of the discount above costs avoided— (i) is necessary to mitigate rate shock; and (ii) will be phased out over time; (C) the discount is provided in connection with a category of mail consisting exclusively of mail matter of educational, cultural, scientific, or informational value; or (D) reduction or elimination of the discount would— (i) impede the efficient operation of the Postal Service; (ii) lead to a loss of volume in the affected category of mail and reduce the aggregate contribution to the institutional costs of the Postal Service from the category subject to the discount below what it otherwise would have been if the discount had not been reduced or eliminated; or (iii) result in a further increase in the rates paid by mailers not able to take advantage of the discount. (3) Notice Whenever a workshare discount is established, the Board of Governors shall ensure that the notice provided under subsection (d)(1) includes— (A) the reasons for establishing the discount; (B) the data, economic analyses, and other information relied on by the Board of Governors to justify the rate; and (C) a certification that the discount will not adversely affect rates or services provided to users of postal services who do not take advantage of the discount rate. (g) Negotiated service agreements The Board of Governors shall ensure that any agreement between the Postal Service and a mailer that adjusts rates or classes in a manner that is specific to the mailer— (1) is available on public and reasonable terms to similarly situated mailers; (2) either— (A) improves the net financial position of the Postal Service through reducing Postal Service costs or increasing the overall contribution to the institutional costs of the Postal Service; or (B) enhances the performance of mail preparation, processing, transportation, or other functions; and (3) does not cause unreasonable harm to the marketplace. (h) Consideration of prior Commission decisions In making any determination under this section, including the construction and interpretation of the terms used in this section, the Board of Governors shall give consideration to decisions of the Commission made prior to the date of enactment of the Postal Reform Act of 2013, and shall include an explanation of any deviation from such decisions in the notice required under subsection (d)(1). . (2) Technical and conforming amendment The table of sections for chapter 36 of title 39, United States Code, is amended by striking the item relating to section 3622 and inserting the following: 3622. Postal services for market-dominant products. . (b) Repeal of rate preferences for qualified political committees (1) In general Section 3626 (A) by striking subsection (e); (B) by redesignating subsections (f), (g), and (h) as subsections (e), (f), and (g), respectively; (C) by redesignating subsections (j) through (n) as subsections (h) through (l), respectively; and (D) in subsection (h), as redesignated by paragraph (3)— (i) in paragraph (1)(D), by striking subsection (m)(2) subsection (k)(2) (ii) in paragraph (3)(B), by striking subsection (m) subsection (k) (2) Technical and conforming amendment Section 3629 (A) by striking is available was available (B) by striking section 3626 section 3626, as in effect on the day before the date of enactment of the Postal Reform Act of 2013, 302. Nonpostal services (a) Authorization of new nonpostal services (1) In general Section 404 (A) in subsection (a)— (i) by redesignating paragraphs (6) through (8) as paragraphs (7) through (9), respectively; and (ii) by inserting after paragraph (5) the following: (6) on and after the date of enactment of the Postal Reform Act of 2013 (A) to provide other services that are not postal services, if the provision of such services— (i) uses the processing, transportation, delivery, retail network, or technology of the Postal Service; (ii) is consistent with the public interest and a demonstrated or potential public demand for— (I) the Postal Service, rather than another entity, to provide the services; or (II) the Postal Service, in addition to or in partnership with another entity, to provide the services; (iii) would not create unfair competition with the private sector, taking into consideration the extent to which the Postal Service will not, either by legal obligation or voluntarily, comply with any state or local requirements that generally apply to persons providing the services; (iv) does not unreasonably interfere with or detract from the value of postal services, including— (I) the cost and efficiency of postal services; and (II) access to postal retail service; (v) will be undertaken in accordance with all Federal laws generally applicable to the provision of such services; and (vi) has the potential to improve the net financial position of the Postal Service, based on a market analysis provided to the Postal Regulatory Commission by the Postal Service; and (B) to classify a service provided under subparagraph (A) as an experimental product subject to section 3641; ; (B) in subsection (e)(1), by inserting and that was offered by the Postal Service on the date of enactment of the Postal Reform Act of 2013 102(5) (C) by adding at the end the following: (g) For purposes of chapters 20 and 36 of this title, nonpostal services provided under subsection (a)(6) shall be treated as competitive products. . (2) Complaints Section 3662(a) of title 39, United States Code, is amended by inserting 404(a)(6), 403(c), (3) Market analysis During the 5-year period beginning on the date of enactment of this Act, the Postal Service shall submit a copy of any market analysis provided to the Commission under section 404(a)(6)(A)(vi) of title 39, United States Code, as amended by this section, to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives. (b) Governmental services Section 411 (1) in the second sentence, by striking this section this subsection (2) by inserting (a) Executive agencies (3) by adding at the end the following— (b) (1) The Postal Service is authorized to furnish property and services to States, local governments, and tribal governments, under such terms and conditions, including reimbursability, as the Postal Service and the applicable State, local government, or tribal government shall determine appropriate. (2) For purposes of this subsection— (A) the term local government (i) a county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments, or regional or interstate government entity; (ii) an agency or instrumentality of an entity described in clause (i); or (iii) a rural community, an unincorporated town or village, or an instrumentality of a rural community or an unincorporated town or village; (B) the term State (C) the term tribal government (c) The Postal Service shall submit to the Postal Regulatory Commission, together with the report required under section 3652, a report that details the costs and revenues of the services provided by the Postal Service under this section. (d) In determining reimbursability under subsections (a) and (b), the Postal Service shall ensure that each service provided under such subsections covers its costs attributable, as that term is defined in section 3631(b). . (c) Conforming amendments (1) Section 404(e) Section 404(e) of title 39, United States Code, is amended by striking paragraph (5) and inserting the following: (5) Each nonpostal service authorized under this subsection shall be designated as market-dominant or competitive based on the designation of the nonpostal service in the Mail Classification Schedule as in effect on the date of enactment of the Postal Reform Act of 2013 (6) Nothing in this subsection shall be construed to prevent the Postal Service from establishing nonpostal products and services that are expressly authorized by subsection (a)(6). . (2) Section 3641 of title 39 Section 3641 (A) in subsection (b)(1), by inserting (or the appropriate consumers in the case of nonpostal products) users (B) in the first sentence of subsection (b)(3), by striking section 3642(b)(1) sections 404(g) and 3642(b)(1) (C) in the second sentence of subsection (b)(3), by striking section 3633(3) section 3633(a)(3) (D) in subsection (e)(1), by striking $10,000,000 $50,000,000 (E) in subsection (e)(2), by striking $50,000,000 $100,000,000 (3) Technical and conforming amendments Section 2003(b)(1) postal and nonpostal services postal services, nonpostal services authorized under section 404(e), and products and services authorized under section 411, 303. Shipping of wine, beer, and distilled spirits (a) Mailability (1) Nonmailable articles Section 1716(f) mails mails, except to the extent that the mailing is allowable under section 3001(p) of title 39 (2) Application of laws Section 1161 , and, with respect to the mailing of distilled spirits, wine, or malt beverages (as those terms are defined in section 117 of the Federal Alcohol Administration Act ( 27 U.S.C. 211 Register (b) Regulations Section 3001 of title 39, United States Code, is amended by adding at the end the following: (p) (1) In this subsection, the terms distilled spirits wine malt beverage 27 U.S.C. 211 (2) Distilled spirits, wine, or malt beverages shall be considered mailable if mailed— (A) in accordance with the laws and regulations of— (i) the State, territory, or district of the United States where the sender or duly authorized agent initiates the mailing; and (ii) the State, territory, or district of the United States where the addressee or duly authorized agent takes delivery; and (B) to an addressee who is at least 21 years of age— (i) who provides a signature and presents a valid, government-issued photo identification upon delivery; or (ii) the duly authorized agent of whom— (I) is at least 21 years of age; and (II) provides a signature and presents a valid, government-issued photo identification upon delivery. (3) The Postal Service shall prescribe such regulations as may be necessary to carry out this subsection. . (c) Effective date The amendments made by this section shall take effect on the earlier of— (1) the date on which the Postal Service issues regulations under section 3001(p) (2) 120 days after the date of enactment of this Act. IV Postal Service governance 401. Board of Governors of the Postal Service (a) Board of Governors Title 39, United States Code, is amended by striking section 202 and inserting the following: 202. Board of Governors (a) In general The exercise of the power of the Postal Service shall be directed by a Board of Governors composed of 9 members appointed in accordance with this section, each of whom shall be a voting member of the Board. (b) Membership (1) Composition The Board shall be composed of— (A) the Postmaster General; (B) the Secretary of the Treasury; and (C) 7 members, to be known as Governors, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Affiliation Not more than 4 of the Governors may be members of any one political party. (3) Chairperson The President shall designate one of the Governors to serve as the Chairperson of the Board. (c) Qualifications (1) In general The Governors shall represent the public interest generally, and shall be chosen solely on the basis of experience in public service, law, or accounting, or on a demonstrated ability to manage organizations or corporations (in either the public or private sector) of substantial size. (2) No specific interest A Governor may not be a representative of a specific interest using the Postal Service. (3) Initial appointments At least one of the Governors who is appointed to fill a position that is vacant on the date of enactment of the Postal Reform Act of 2013 (d) Removal A Governor may be removed only for cause. (e) Compensation (1) Salary Each Governor shall receive a salary of $30,000 each year, plus $300 for each day, for not more than 42 days, on which the Governor attends a meeting of the Board. Nothing in this paragraph shall be construed to limit the number of days of meetings each year to 42 days. (2) Reimbursement for meetings Each Governor shall be reimbursed for travel and reasonable expenses incurred in attending meeting meetings of the Board. (f) Terms (1) In general Each Governor shall serve for a term of 7 years. (2) Vacancies A Governor appointed to fill a vacancy occurring before the expiration of the term to which the predecessor of that Governor was appointed shall serve for the remainder for the remainder of that term. (3) Continuation of service A Governor may continue to serve after the expiration of the term of that Governor until a successor has been appointed, except that a Governor may not continue to serve for more than 1 year after the date on which the term of that Governor would have otherwise expired. (4) Limit A Governor may serve for not more than 2 terms. (g) Postmaster general (1) Appointment and removal The Governors shall appoint and shall have the power to remove the Postmaster General. (2) Pay and term of service The pay and term of service of the Postmaster General shall be determined by the Governors. (h) Deputy postmaster general (1) Appointment and removal The Governors and the Postmaster General shall appoint and shall have the power to remove the Deputy Postmaster General. (2) Pay The pay of the Deputy Postmaster General shall be determined by the Governors. (3) Term of service The term of service of the Deputy Postmaster General shall be determined by the Governors and the Postmaster General. (i) Executive committee (1) Authority to establish The Board, by a vote of a majority of its members, may establish an Executive Committee of the Board, consistent with paragraph (2). (2) Board membership and responsibilities If established by the Board, the Executive Committee shall— (A) be composed of the Chairperson of the Board and 2 additional Governors designated by the Board, except that not more than 2 members of the Executive Committee may be members of any one political party; (B) develop and oversee implementation of strategies and measures to ensure the long-term financial solvency of the Postal Service; (C) develop and oversee the implementation of the financial plan and budget required under section 403 of the Postal Reform Act of 2013 and updates to the financial plan and budget; (D) make recommendations to the Board regarding aspects of postal operations; and (E) assume such other responsibilities as the Board determines appropriate. (3) Quorum 2 members of the Executive Committee shall constitute a quorum for the transaction of business by the Executive Committee. (4) Termination The Executive Committee may be terminated by a vote of the majority of the members of the Board. . (b) Procedures of the board Section 205(c) 6 members 5 members (c) Incumbents; implementation (1) Incumbents An individual serving as a Governor on the Board of Governors of the Postal Service (referred to in this subsection as a Governor (2) Implementation of membership reduction (A) In general The following vacancies in the position of Governor shall not be filled: (i) One of the 2 positions as a Governor for which the term is scheduled to expire on December 8, 2014. (ii) One of the 2 positions as a Governor for which the term is scheduled to expire on December 8, 2015. (B) Preference for abolishing vacant positions (i) Positions expiring in 2014 If one of the 2 positions referred to in clause (i) of subparagraph (A) is vacant on the date of enactment of this Act, that vacant position shall be the position that is not filled, as required under such clause (i). (ii) Positions expiring in 2015 If one of the 2 positions referred to in clause (ii) of subparagraph (A) is vacant on the date of enactment of this Act, that vacant position shall be the position that is not filled, as required under such clause (ii). (d) Conforming Amendments Title 39, United States Code, is amended— (1) in section 102(3)— (A) by striking 9 7 (B) by striking 202(a) 202(b)(1)(C) (2) in section 203— (A) by striking 202(c) 202(g) (B) by striking 202(d) 202(h) 402. Strategic Advisory Commission on Postal Service Solvency and Innovation (a) Establishment (1) In general There is established in the Postal Service a Strategic Advisory Commission on Postal Service Solvency and Innovation (referred to in this section as the Advisory Commission (2) Independence The Advisory Commission shall not be subject to the supervision of the Board of Governors of the Postal Service (referred to in this section as the Board of Governors (b) Purpose The purpose of the Advisory Commission is— (1) to provide strategic guidance to the President, Congress, the Board of Governors, and the Postmaster General on enhancing the long-term solvency of the Postal Service; and (2) to foster innovative thinking to address the challenges facing the Postal Service. (c) Membership (1) Composition The Advisory Commission shall be composed of 7 members, of whom— (A) 3 members shall be appointed by the President, who shall designate 1 member appointed under this subparagraph to serve as Chairperson of the Advisory Commission; and (B) 1 member shall be appointed by each of— (i) the majority leader of the Senate; (ii) the minority leader of the Senate; (iii) the Speaker of the House of Representatives; and (iv) the minority leader of the House of Representatives. (2) Qualifications Members of the Advisory Commission shall be prominent citizens having— (A) significant depth of experience in such fields as business and public administration; (B) a reputation for innovative thinking; (C) familiarity with new and emerging technologies; and (D) experience with revitalizing organizations that experienced significant financial challenges or other challenges. (3) Incompatible offices An individual who is appointed to the Advisory Commission may not serve as an elected official or an officer or employee of the Federal Government while serving as a member of the Advisory Commission, except in the capacity of that individual as a member of the Advisory Commission. (4) Deadline for appointment Each member of the Advisory Commission shall be appointed not later than 45 days after the date of enactment of this Act. (5) Meetings; quorum; vacancies (A) Meetings The Advisory Commission shall meet at the call of the Chairperson or a majority of the members of the Advisory Commission. (B) Quorum 4 members of the Advisory Commission shall constitute a quorum. (C) Vacancies Any vacancy in the Advisory Commission shall not affect the powers of the Advisory Commission, but shall be filled as soon as practicable in the same manner in which the original appointment was made. (d) Duties and powers (1) Duties The Advisory Commission shall— (A) study matters that the Advisory Commission determines are necessary and appropriate to develop a strategic blueprint for the long-term solvency of the Postal Service, including— (i) the financial, operational, and structural condition of the Postal Service; (ii) alternative strategies and business models that the Postal Service could adopt; (iii) opportunities for additional postal and nonpostal products and services that the Postal Service could offer; (iv) innovative services that postal services in foreign countries have offered, including services that respond to the increasing use of electronic means of communication; and (v) the governance structure, management structure, and management of the Postal Service, including— (I) the appropriate method of appointment, qualifications, duties, and compensation for senior officials of the Postal Service, including the Postmaster General; and (II) the number and functions of senior officials of the Postal Service and the number of levels of management of the Postal Service; and (B) submit the report required under subsection (f). (2) Hearings The Advisory Commission may hold such hearings, take such testimony, and receive such evidence as is necessary to carry out this section. (3) Access to information The Advisory Commission may secure directly from the Postal Service, the Board of Governors, the Postal Regulatory Commission, and any other Federal department or agency such information as the Advisory Commission considers necessary to carry out this section. Upon request of the Chairperson of the Advisory Commission, the head of the department or agency shall furnish the information described in the preceding sentence to the Advisory Commission. (e) Personnel matters (1) Advisory commission members (A) Compensation of members Each member of the Advisory Commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which the member is engaged in the actual performance of the duties of the Advisory Commission. (B) Travel expenses Each member of the Advisory Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at the rate authorized for employees serving intermittently in the Government service under section 5703 (2) Staff (A) Appointment and compensation The Chairperson, in accordance with rules agreed upon by the Advisory Commission, shall appoint and fix the compensation of an executive director and such other personnel as may be necessary to enable the Advisory Commission to carry out the functions of the Advisory Commission, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification of positions and General Schedule pay rates, except that a rate of pay fixed under this subparagraph may not exceed the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of title 5, United States Code. (B) Detailees Any Federal employee, including an employee of the Postal Service, may be detailed to the Advisory Commission without reimbursement, and such detail shall be without interruption or loss of the civil service rights, status, or privilege of the employee. (C) Consultant services The Advisory Commission may procure the services of experts and consultants in accordance with section 3109 (f) Strategic blueprint for long-Term solvency (1) In general Not later than 9 months after the date of enactment of this Act, the Advisory Commission shall submit a report that contains a strategic blueprint for the long-term solvency of the Postal Service to— (A) the President; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; (C) the Committee on Oversight and Government Reform of the House of Representatives; (D) the Board of Governors; and (E) the Postmaster General. (2) Contents The strategic blueprint contained in the report submitted under paragraph (1) shall include— (A) an assessment of the business model of the Postal Service as of the date on which the report is submitted; (B) an assessment of potential future business models for the Postal Service, including an evaluation of the appropriate balance between— (i) necessary reductions in costs and services; and (ii) additional opportunities for growth and revenue; (C) a strategy for addressing significant current and future liabilities; (D) identification of opportunities for further reductions in costs; (E) identification of opportunities for new and innovative products and services; (F) a strategy for future growth; (G) a vision of how the Postal Service will operate in a sustainable manner 20 years after the date of enactment of this Act; and (H) recommendations for any legislative changes necessary to implement the strategic blueprint described in this paragraph. (g) Study and strategic plan on interagency agreements for post offices (1) Duties of Advisory Commission (A) Study (i) In general The Advisory Commission shall conduct a study concerning the advisability of the Postal Service entering into interagency agreements with Federal, State, and local agencies, with respect to post offices, that— (I) streamline and consolidate services provided by Federal, State, and local agencies; (II) decrease the costs incurred by Federal agencies in providing services to the general public; and (III) improve the efficiency and maintain the customer service standards of the Federal, State, and local agencies. (ii) Clarification of inter-agency agreements The study under clause (i) shall include consideration of the advisability of the Postal Service entering into an interagency agreement with— (I) the Bureau of the Census for the provision of personnel and resources for the 2020 decennial census; (II) the department of motor vehicles, or an equivalent agency, of each State for the provision of driver licenses, vehicle registration, and voter registration; (III) the division of wildlife, the department of natural resources, or an equivalent agency, of each State for the provision of hunting and fishing licenses; and (IV) other Federal agencies responsible for providing services to the general public. (B) Findings The Advisory Commission shall— (i) not later than 9 months after the date of enactment of this Act, submit to the Postal Service the findings of the study conducted under subparagraph (A); and (ii) incorporate the findings described in clause (i) into the strategic blueprint required under subsection (f). (2) Postal service strategic plan (A) In general Not later than 6 months after the date on which the Advisory Commission submits to the Postal Service the findings under paragraph (1)(B), the Postal Service shall submit a strategic plan for entering into interagency agreements concerning post offices to— (i) the Committee on Homeland Security and Governmental Affairs of the Senate; and (ii) the Committee on Oversight and Government Reform of the House of Representatives. (B) Limitations The strategic plan submitted under subparagraph (A) shall be consistent with public interest and demand. (C) Cost savings projections The strategic plan submitted under subparagraph (A) shall include, for each proposed interagency agreement, a projection of cost savings to be realized by the Postal Service and by any other Federal agency that is a party to the agreement. (h) Termination of the commission The Advisory Commission shall terminate 90 days after the later of— (1) the date on which the Advisory Commission submits the report on the strategic blueprint for long-term solvency under subsection (f); and (2) the date on which the Advisory Commission submits the findings on interagency agreements for post offices under subsection (g). (i) Authorization of appropriations There are authorized to be appropriated out of the Postal Service Fund for fiscal years 2014 and 2015 such sums as may be necessary to carry out this section. 403. Long-term solvency plan; annual financial plan and budget (a) Definitions In this section— (1) the term Board of Governors (2) the term long-term solvency plan (3) the term solvency (b) Plan for the long-Term solvency of the postal service (1) Solvency plan required (A) In general Not later than the date described in subparagraph (B), the Postmaster General shall submit to the Board of Governors a plan describing the actions the Postal Service intends to take to achieve long-term solvency. (B) Date The date described in this subparagraph is the later of— (i) the date that is 90 days after the date of enactment of this Act; and (ii) the earliest date as of which the Board of Governors has the number of members required for a quorum. (2) Considerations The long-term solvency plan shall take into account— (A) the legal authority of the Postal Service; (B) changes in the legal authority and responsibilities of the Postal Service under this Act and the amendments made by this Act; (C) any cost savings that the Postal Service anticipates will be achieved through negotiations with employees of the Postal Service; (D) projected changes in mail volume; (E) the impact of any regulations that the Postal Service is required to promulgate under Federal law; (F) projected changes in the number of employees needed to carry out the responsibilities of the Postal Service; and (G) the long-term capital needs of the Postal Service, including the need to maintain, repair, and replace facilities and equipment. (3) Review and submission to Congress (A) Review Upon receipt of the long-term solvency plan, the Board of Governors shall review the long-term solvency plan and may request that the Postmaster General make changes to the long-term solvency plan. (B) Submission to Congress Not later than 60 days after initial receipt of the long-term solvency plan, the Board of Governors shall provide a copy of the long-term solvency plan to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives, together with a letter indicating whether and in what respects the Board of Governors agrees or disagrees with the measures set out in the long-term solvency plan. (4) Updates (A) Annual updates required The Postmaster General shall update and submit to the Board of Governors the long-term solvency plan not less frequently than annually for 5 years after the enactment of this Act. (B) Review by Board of Governors The Board of Governors shall review and submit to Congress the updates under this paragraph in accordance with paragraph (3). (c) Annual financial plan and budget (1) In general For each of the first 5 full fiscal years after the date of enactment of this Act, not later than August 1 of the preceding fiscal year, the Postmaster General shall submit to the Board of Governors a financial plan and budget for the fiscal year that is consistent with the goal of promoting the long-term solvency of the Postal Service. (2) Contents of financial plan and budget The financial plan and budget for a fiscal year shall— (A) promote the financial stability of the Postal Service and provide for progress towards the long-term solvency of the Postal Service; (B) include the annual budget program of the Postal Service under section 2009 of title 39, United States Code, and the plan of the Postal Service commonly referred to as the Integrated Financial Plan (C) describe lump-sum expenditures by all categories traditionally used by the Postal Service; (D) describe capital expenditures, together with a schedule of projected capital commitments and cash outlays of the Postal Service, and proposed sources of funding; (E) contain estimates of overall debt (both outstanding and expected to be incurred); (F) contain cash flow and liquidity forecasts for the Postal Service at such intervals as the Board of Governors may require; (G) include a statement describing methods of estimations and significant assumptions; and (H) address any other issues that the Board of Governors considers appropriate. (3) Process for submission and approval of financial plan and budget (A) Definition In this paragraph, the term covered recipient (i) the Postmaster General; (ii) the President; (iii) the Committee on Homeland Security and Governmental Affairs of the Senate; and (iv) the Committee on Oversight and Government Reform of the House of Representatives. (B) Review by the Board of Governors (i) In general Upon receipt of a financial plan and budget under paragraph (1), the Board of Governors shall promptly review the financial plan and budget. (ii) Additional information In conducting the review under this subparagraph, the Board of Governors may request any additional information it considers necessary and appropriate to carry out the duties of the Board of Governors. (C) Approval of financial plan and budget submitted by the Postmaster General If the Board of Governors determines that the financial plan and budget for a fiscal year received under paragraph (1) meets the requirements under paragraph (2) and otherwise adequately addresses the financial situation of the Postal Service— (i) the Board of Governors shall approve the financial plan and budget and submit a notice of approval to each covered recipient; and (ii) the Postmaster General shall submit the annual budget program for the relevant fiscal year to the Office of Management and Budget in accordance with section 2009 of title 39, United States Code. (D) Disapproval of financial plan and budget submitted by the Postmaster General (i) In general If the Board of Governors determines that the financial plan and budget for a fiscal year under paragraph (1) does not meet the requirements under paragraph (2) or is otherwise inadequate in addressing the financial situation of the Postal Service, the Board of Governors shall— (I) disapprove the financial plan and budget; (II) submit to each covered recipient a statement that describes the reasons for the disapproval; (III) direct the Postmaster General to appropriately revise the financial plan and budget for the Postal Service; and (IV) submit the revised financial plan and budget to each covered recipient. (ii) Submission to Office of Management and Budget Upon receipt of a revised financial plan and budget under clause (i)(IV), the Postmaster General shall submit the annual budget program for the relevant fiscal year to the Office of Management and Budget in accordance with section 2009 (E) Deadline for transmission of financial plan and budget by Board of Governors Notwithstanding any other provision of this paragraph, not later than September 30 of the fiscal year that precedes each fiscal year for which a financial plan and budget is required under paragraph (1), the Board of Governors shall— (i) submit to each covered recipient a notice of approval under subparagraph (C)(i)(I); or (ii) submit to each covered recipient an approved financial plan and budget for the fiscal year under subparagraph (D)(i)(IV). (F) Revisions to financial plan and budget (i) Permitting Postmaster General to submit revisions The Postmaster General may submit proposed revisions to the financial plan and budget for a fiscal year to the Board of Governors at any time during the fiscal year. (ii) Process for review, approval, disapproval, and Postmaster General action The procedures described in subparagraphs (C) through (E) shall apply with respect to a proposed revision to a financial plan and budget in the same manner as such procedures apply with respect to the original financial plan and budget. (d) Assumptions based on current law In preparing the long-term solvency plan or an annual financial plan and budget required under this section, the Postal Service shall base estimates of revenues and expenditures on Federal law as in effect at the time of the preparation of the long-term solvency plan or the financial plan and budget. 404. Chief Innovation Officer; innovation strategy (a) Chief Innovation Officer (1) In general Chapter 2 of part I of title 39, United States Code, is amended by adding at the end the following: 209. Chief innovation officer (a) Establishment There shall be in the Postal Service a Chief Innovation Officer appointed by the Postmaster General. (b) Qualifications The Chief Innovation Officer shall have proven expertise and a record of accomplishment in areas such as— (1) the postal and shipping industry; (2) innovative product research and development; (3) brand marketing strategy; (4) new and emerging technology, including communications technology; or (5) business process management. (c) Duties The Chief Innovation Officer shall lead the development and implementation of— (1) innovative postal products and services, particularly products and services that use new and emerging technology, including communications technology, to improve the net financial position of the Postal Service; and (2) nonpostal products and services authorized under section 404(a)(6) that have the potential to improve the net financial position of the Postal Service. (d) Deadline The Postmaster General shall appoint a Chief Innovation Officer not later than 90 days after the date of enactment of the Postal Reform Act of 2013. . (2) Technical and conforming amendment The table of sections for chapter 2 of part I of title 39, United States Code, is amended by adding at the end the following: 209. Chief Innovation Officer. . (b) Innovation strategy (1) Initial report on innovation strategy (A) In general Not later than 9 months after the date of enactment of this Act, the Postmaster General, acting through the Chief Innovation Officer, shall submit a report that contains a comprehensive strategy (referred to in this subsection as the innovation strategy (i) the Committee on Homeland Security and Governmental Affairs of the Senate; and (ii) the Committee on Oversight and Government Reform of the House of Representatives. (B) Matters to be addressed At a minimum, the report on innovation strategy required under subparagraph (A) shall describe— (i) the specific innovative postal and nonpostal products and services to be developed and offered by the Postal Service, including— (I) the nature of the market demand to be satisfied by each product or service; and (II) the estimated date by which each product or service will be introduced; (ii) the cost of developing and offering each product or service; (iii) the anticipated sales volume for each product or service; (iv) the anticipated revenues and profits to be generated by each product or service; (v) the likelihood of success of each product or service and the risks associated with the development and sale of each product or service; (vi) the trends anticipated in market conditions that may affect the success of each product or service during the 5-year period beginning on the date of the submission of the report under subparagraph (A); (vii) any innovations designed to improve the net financial position of the Postal Service, other than the offering of new products and services; and (viii) the metrics that will be used to assess the effectiveness of the innovation strategy. (2) Annual report (A) In general Not later than 1 year after the date of the submission of the initial report containing the innovation strategy under paragraph (1), and annually thereafter for 10 years, the Postmaster General, acting through the Chief Innovation Officer, shall submit a report on the implementation of the innovation strategy to— (i) the Committee on Homeland Security and Governmental Affairs of the Senate; and (ii) the Committee on Oversight and Government Reform of the House of Representatives. (B) Matters to be addressed At a minimum, an annual report submitted under subparagraph (A) shall include— (i) an update of the initial report on innovation strategy submitted under paragraph (1); (ii) a description of the progress made by the Postal Service in implementing the products, services, and other innovations described in the initial report on innovation strategy; and (iii) an analysis of the performance of each product, service, or other innovation described in the initial report on innovation strategy, including— (I) the revenue generated by each product or service developed in accordance with the innovation strategy under this section and the cost of developing and offering each product or service for the preceding year; (II) trends in each market in which a product or service is intended to satisfy a demand; (III) each product or service identified in the innovation strategy that is to be discontinued, the date on which each discontinuance will occur, and the reasons for each discontinuance; (IV) each alteration that the Postal Service plans to make to a product or service identified in the innovation strategy to address changing market conditions and an explanation of how each alteration will ensure the success of the product or service; (V) the performance of innovations other than new products and services that are designed to improve the net financial position of the Postal Service; and (VI) the performance of the innovation strategy according to the metrics described in paragraph (1)(B)(viii). 405. Area and district office structure (a) Definitions In this section— (1) the term area office (2) the term district office (3) the term State (b) Plan required Not later than 1 year after the date of enactment of this Act, the Postal Service shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a comprehensive strategic plan for an area office and district office structure that will— (1) be efficient and cost effective; (2) not substantially and adversely affect the operations of the Postal Service; and (3) reduce the total number of area and district offices. (c) Implementation Not later than 60 days after the date on which the Postal Service submits the plan under subsection (b), the Postal Service shall begin implementing the plan, including, where appropriate, by consolidating area and district offices. (d) State liaison If the Postal Service does not maintain a district office in a State, the Postal Service shall designate at least 1 employee of the district office responsible for Postal Service operations in the State to represent the needs of Postal Service customers in the State. An employee designated under this subsection to represent the needs of Postal Service customers in a State shall be located in that State. 406. Inspector General of the Postal Service (a) Appointment of Inspector General of the Postal Service by President The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in section 8G— (A) in subsection (a)— (i) in paragraph (2), by striking the Postal Regulatory Commission, and the United States Postal Service and the Postal Regulatory Commission (ii) in paragraph (3), by striking subsection (h)(1) subsection (g)(1) (iii) in paragraph (4)— (I) in the matter preceding subparagraph (A), by striking subsection (h)(1) subsection (g)(1) (II) by striking subparagraph (B); and (III) by redesignating subparagraphs (C) through (H) as subparagraphs (B) through (G), respectively; (B) in subsection (c), by striking Except as provided under subsection (f) of this section, the The (C) by striking subsection (f); and (D) by redesignating subsections (g) and (h) as subsections (f) and (g), respectively; (2) by inserting after section 8M the following: 8N. Special provisions concerning the Inspector General of the United States Postal Service (a) In this section— (1) the term Inspector General (2) the term Governors (b) In carrying out the duties and responsibilities specified in this Act, the Inspector General shall have oversight responsibility for all activities of the Postal Inspection Service, including any internal investigation performed by the Postal Inspection Service. The Chief Postal Inspector shall promptly report the significant activities being carried out by the Postal Inspection Service to the Inspector General. (c) (1) (A) The Inspector General shall be under the authority, direction, and control of the Governors with respect to audits or investigations, or the issuance of subpoenas, which require access to sensitive information concerning— (i) ongoing civil or criminal investigations or proceedings; (ii) undercover operations; (iii) the identity of confidential sources, including protected witnesses; (iv) intelligence or counterintelligence matters; or (v) other matters the disclosure of which would constitute a serious threat to national security. (B) With respect to the information described under subparagraph (A), the Governors may prohibit the Inspector General from carrying out or completing any audit or investigation, or from issuing any subpoena, after the Inspector General has decided to initiate, carry out, or complete such audit or investigation or to issue such subpoena, if the Governors determine that such prohibition is necessary to prevent the disclosure of any information described under subparagraph (A) or to prevent the significant impairment to the national interests of the United States. (C) If the Governors exercise any power under subparagraph (A) or (B), the Governors shall notify the Inspector General in writing stating the reasons for the exercise of such power. Not later than 30 days after receipt of any such notice, the Inspector General shall transmit a copy of the notice to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives, and to other appropriate committees or subcommittees of the Congress. (2) In carrying out the duties and responsibilities specified in this Act, the Inspector General— (A) may initiate, conduct, and supervise such audits and investigations in the United States Postal Service as the Inspector General considers appropriate; and (B) shall give particular regard to the activities of the Postal Inspection Service with a view toward avoiding duplication and ensuring effective coordination and cooperation. (3) Any report required to be transmitted by the Governors to the appropriate committees or subcommittees of the Congress under section 5(d) shall also be transmitted, within the seven-day period specified under that section, to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives. (d) Nothing in this Act shall restrict, eliminate, or otherwise adversely affect any of the rights, privileges, or benefits of either employees of the United States Postal Service, or labor organizations representing employees of the United States Postal Service, under chapter 12 29 U.S.C. 151 et seq. (e) There are authorized to be appropriated, out of the Postal Service Fund, such sums as may be necessary for the Office of Inspector General of the United States Postal Service. ; and (3) in section 12— (A) in paragraph (1), by striking or the Federal Cochairpersons of the Commissions established under section 15301 the Federal Cochairpersons of the Commissions established under section 15301 of title 40, United States Code; or the Board of Governors of the United States Postal Service (B) in paragraph (2), by striking or the Commissions established under section 15301 of title 40, United States Code the Commissions established under section 15301 (b) Technical and conforming amendments Title 39, United States Code, is amended— (1) in section 102(4), by striking section 202(e) of this title section 3 of the Inspector General Act of 1978 (5 U.S.C. App.) (2) in section 1001(b), in the first sentence, by inserting , and section 3 of the Inspector General Act of 1978 (5 U.S.C. App.) 1001(c) of this title (3) in section 1005(a)(3), by inserting , and section 3 of the Inspector General Act of 1978 (5 U.S.C. App.) 1001(c) of this title (c) Applicability (1) In general The amendments made by this section shall apply with respect to the first individual appointed as Inspector General of the Postal Service after the date of enactment of this Act. (2) Rule of construction Nothing in this Act may be construed to alter the authority or the length of the term of the individual serving as Inspector General of the Postal Service on the date of enactment of this Act. V Federal Employees’ Compensation Act 501. Short title; references (a) Short title This title may be cited as the Workers' Compensation Reform Act of 2013 (b) References Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 5, United States Code. 502. Federal workers compensation reforms for retirement-age employees (a) Conversion of entitlement at retirement age (1) Definitions Section 8101 is amended— (A) in paragraph (18), by striking and (B) in paragraph (19), by striking and (C) in paragraph (20), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: (21) retirement age 42 U.S.C. 416(l)(1) (22) covered claim for total disability Workers' Compensation Reform Act of 2013 (23) covered claim for partial disability Workers' Compensation Reform Act of 2013 (24) individual who has an exempt disability condition (A) who— (i) is eligible to receive continuous periodic compensation for total disability under section 8105 on the date of enactment of the Workers' Compensation Reform Act of 2013 (ii) meets the criteria under section 8105(c); (B) who, on the date of enactment of the Workers' Compensation Reform Act of 2013 (i) is eligible to receive continuous periodic compensation for total disability under section 8105; and (ii) has sustained a currently irreversible severe mental or physical disability for which the Secretary of Labor has authorized, for at least the 1-year period ending on the date of enactment of the Workers' Compensation Reform Act of 2013 (C) who is eligible to receive continuous periodic compensation for total disability under section 8105— (i) for not less than the 3-year period ending on the date of enactment of the Workers' Compensation Reform Act of 2013 (ii) if the individual became eligible to receive continuous periodic compensation for total disability under section 8105 during the period beginning on the date that is 3 years before the date of enactment of the Workers' Compensation Reform Act of 2013 . (2) Total disability Section 8105 is amended— (A) in subsection (a), by striking If In general (B) by redesignating subsection (b) as subsection (c); and (C) by inserting after subsection (a) the following: (b) Conversion of entitlement at retirement age (1) In general Except as provided in paragraph (2), the basic compensation for total disability for an employee who has attained retirement age shall be 50 percent of the monthly pay of the employee. (2) Exceptions (A) Covered recipients who are retirement age, have an exempt disability condition, or face financial hardship Paragraph (1) shall not apply to a covered claim for total disability by an employee if the employee— (i) on the date of enactment of the Workers' Compensation Reform Act of 2013 (ii) is an individual who has an exempt disability condition; or (iii) is a member of a household that would meet the income and assets requirements for eligibility for the supplemental nutrition assistance program as described in section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 (B) Transition period for certain employees For a covered claim for total disability by an employee who is not an employee described in subparagraph (A), the employee shall receive the basic compensation for total disability provided under subsection (a) until the later of— (i) the date on which the employee attains retirement age; and (ii) the date that is 3 years after the date of enactment of the Workers' Compensation Reform Act of 2013 . (3) Partial disability Section 8106 is amended— (A) in subsection (a), by striking If In general (B) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (C) by inserting after subsection (a) the following: (b) Conversion of entitlement at retirement age (1) In general Except as provided in paragraph (2), the basic compensation for partial disability for an employee who has attained retirement age shall be 50 percent of the difference between the monthly pay of the employee and the monthly wage-earning capacity of the employee after the beginning of the partial disability. (2) Exceptions (A) Covered recipients who are retirement age or face financial hardship Paragraph (1) shall not apply to a covered claim for partial disability by an employee if the employee— (i) on the date of enactment of the Workers' Compensation Reform Act of 2013 (ii) is a member of a household that would meet the income and assets requirements for eligibility for the supplemental nutrition assistance program as described in section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 (B) Transition period for certain employees For a covered claim for partial disability by an employee who is not an employee described in subparagraph (A), the employee shall receive basic compensation for partial disability in accordance with subsection (a) until the later of— (i) the date on which the employee attains retirement age; and (ii) the date that is 3 years after the date of enactment of the Workers' Compensation Reform Act of 2013 . 503. Augmented compensation for dependents (a) In general Section 8110 is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: (b) Termination of augmented compensation (1) In general Subject to paragraph (2), augmented compensation for dependants under subsection (c) shall not be provided. (2) Exceptions (A) Total disability For a covered claim for total disability by an employee— (i) the employee shall receive augmented compensation under subsection (c) if the employee is an individual who has an exempt disability condition; and (ii) the employee shall receive augmented compensation under subsection (c) until the date that is 3 years after the date of enactment of the Workers' Compensation Reform Act of 2013 (B) Partial disability For a covered claim for partial disability by an employee, the employee shall receive augmented compensation under subsection (c) until the date that is 3 years after the date of enactment of the Workers' Compensation Reform Act of 2013 (C) Permanent disability compensated by a schedule For a claim for a permanent disability described in section 8107(a) by an employee that commenced before the date of enactment of the Workers' Compensation Reform Act of 2013 . (b) Maximum and minimum monthly payments Section 8112 is amended— (1) in subsection (a)— (A) by inserting subsections (b) and (c) and section 8138 (B) by striking including augmented compensation under section 8110 of this title but (C) by striking 75 percent 66 2/3 (2) by redesignating subsection (b) as subsection (c); (3) by inserting after subsection (a) the following: (b) Exceptions (1) Covered disability condition For a covered claim for total disability by an employee, if the employee is an individual who has an exempt disability condition— (A) the monthly rate of compensation for disability that is subject to the maximum and minimum monthly amounts under subsection (a) shall include any augmented compensation under section 8110; and (B) subsection (a) shall be applied by substituting 75 percent 66 2/3 (2) Partial disability For a covered claim for partial disability by an employee, until the date that is 3 years after the date of enactment of the Workers' Compensation Reform Act of 2013 (A) the monthly rate of compensation for disability that is subject to the maximum and minimum monthly amounts under subsection (a) shall include any augmented compensation under section 8110; and (B) subsection (a) shall be applied by substituting 75 percent 66 2/3 ; and (4) in subsection (c), as redesignated by paragraph (2), by striking subsection (a) subsections (a) and (b) (c) Death benefits generally Section 8133 is amended— (1) in subsections (a) and (e), by striking 75 percent 66 2/3 (2) by adding at the end the following: (g) If the death occurred before the date of enactment of the Workers' Compensation Reform Act of 2013 75 percent 66 2/3 . (d) Death benefits for civil air patrol volunteers Section 8141 is amended— (1) in subsection (b)(2)(B) by striking 75 percent 66 2/3 (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following: (c) If the death occurred before the date of enactment of the Workers' Compensation Reform Act of 2013 75 percent 66 2/3 . 504. Schedule compensation payments Section 8107 is amended— (1) in subsection (a), by striking at the rate of 66 2/3 at the rate specified under subsection (d) (2) by adding at the end the following: (d) Rate for compensation (1) Annual salary (A) In general Except as provided in paragraph (2), the rate under subsection (a) shall be the rate of 66 2/3 (B) Establishment (i) In general The Secretary of Labor shall establish an annual salary for purposes of subparagraph (A) in the amount the Secretary determines will result in the aggregate cost of payments made under this section being equal to what would have been the aggregate cost of payments under this section if the amendments made by section 504 of the Workers' Compensation Reform Act of 2013 (ii) Cost of living adjustment The annual salary established under clause (i) shall be increased on March 1 of each year by the amount determined by the Secretary of Labor to represent the percent change in the price index published for December of the preceding year over the price index published for the December of the year prior to the preceding year, adjusted to the nearest one-tenth of 1 percent. (C) Present value The Secretary of Labor shall calculate the present value for purposes of subparagraph (A) using a rate of interest equal to the average market yield for outstanding marketable obligations of the United States with a maturity of 2 years on the first business day of the month in which the compensation is paid or, in the event that such marketable obligations are not being issued on such date, at an equivalent rate selected by the Secretary of Labor, true discount compounded annually. (2) Certain injuries For an injury that occurred before the date of enactment of the Workers' Compensation Reform Act of 2013 2/3 (e) Simultaneous receipt (1) Total disability An employee who receives compensation for total disability under section 8105 may only receive the lump sum of schedule compensation under this section in addition to and simultaneously with the benefits for total disability after the earlier of— (A) the date on which the basic compensation for total disability of the employee becomes 50 percent of the monthly pay of the employee under section 8105(b); or (B) the date on which augmented compensation of the employee terminates under section 8110(b)(2)(A)(ii), if the employee receives such compensation. (2) Partial disability An employee who receives benefits for partial disability under section 8106 may only receive the lump sum of schedule compensation under this section in addition to and simultaneously with the benefits for partial disability after the earlier of— (A) the date on which the basic compensation for partial disability of the employee becomes 50 percent of the difference between the monthly pay of the employee and the monthly wage-earning capacity of the employee after the beginning of the partial disability under section 8106(b); or (B) the date on which augmented compensation of the employee terminates under section 8110(b)(2)(B), if the employee receives such compensation. . 505. Vocational rehabilitation (a) In general Section 8104 is amended— (1) in subsection (a)— (A) by striking (a) The Secretary of Labor may undergo vocational rehabilitation. (a) In general (1) Direction Except as provided in paragraph (2), not earlier than the date that is 6 months after the date on which an individual eligible for wage-loss compensation under section 8105 or 8106 is injured, or by such other date as the Secretary of Labor determines it would be reasonable under the circumstances for the individual to begin vocational rehabilitation, and if vocational rehabilitation may enable the individual to become capable of more gainful employment, the Secretary of Labor shall direct the individual to participate in developing a comprehensive return to work plan and to undergo vocational rehabilitation at a location a reasonable distance from the residence of the individual. ; (B) by striking the Secretary of Health, Education, and Welfare in carrying out the purposes of chapter 4 of title 29 the Secretary of Education in carrying out the purposes of the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) (C) by striking under section 32(b)(1) of title 29 under section 5 of the Rehabilitation Act of 1973 ( 29 U.S.C. 704 (D) by adding at the end the following: (2) Exception The Secretary of Labor may not direct an individual who has attained retirement age to participate in developing a comprehensive return to work plan or to undergo vocational rehabilitation. ; (2) by redesignating subsection (b) as subsection (c); (3) by inserting after subsection (a) the following: (b) Contents of return to work plan A return to work plan developed under subsection (a)— (1) shall— (A) set forth specific measures designed to increase the wage-earning capacity of an individual; (B) take into account the prior training and education of the individual and the training, educational, and employment opportunities reasonably available to the individual; and (C) provide that any employment undertaken by the individual under the return to work plan be at a location a reasonable distance from the residence of the individual; (2) may provide that the Secretary will pay out of amounts in the Employees’ Compensation Fund reasonable expenses of vocational rehabilitation (which may include tuition, books, training fees, supplies, equipment, and child or dependent care) during the course of the plan; and (3) may not be for a period of more than 2 years, unless the Secretary finds good cause to grant an extension, which may be for not more than 2 years. ; (4) in subsection (c), as so redesignated— (A) by inserting Compensation Notwithstanding (B) by striking , other than employment undertaken pursuant to such rehabilitation (5) by adding at the end the following: (d) Assisted reemployment agreements (1) In general The Secretary may enter into an assisted reemployment agreement with an agency or instrumentality of any branch of the Federal Government or a State or local government or a private employer that employs an individual eligible for wage-loss compensation under section 8105 or 8106 to enable the individual to return to productive employment. (2) Contents An assisted reemployment agreement under paragraph (1)— (A) may provide that the Secretary will use amounts in the Employees’ Compensation Fund to reimburse an employer in an amount equal to not more than 100 percent of the compensation the individual would otherwise receive under section 8105 or 8106; and (B) may not be for a period of more than 3 years. (e) List To facilitate the hiring of individuals eligible for wage-loss compensation under section 8105 or 8106, the Secretary shall provide a list of such individuals to the Office of Personnel Management, which the Office of Personnel Management shall provide to all agencies and instrumentalities of the Federal Government. . (b) Employees’ Compensation Fund Section 8147 is amended by adding at the end: (d) Notwithstanding subsection (b), any benefits or other payments paid to or on behalf of an employee under this subchapter or any extension or application thereof for a recurrence of injury, consequential injury, aggravation of injury, or increase in percentage of impairment to a member for which compensation is provided under the schedule under section 8107 suffered in a permanent position with an agency or instrumentality of the United States while the employment with the agency or instrumentality is covered under an assisted reemployment agreement entered into under section 8104(d) shall not be included in total cost of benefits and other payments in the statement provided to the agency or instrumentality under subsection (b) if the injury was originally incurred in a position not covered by an assisted reemployment agreement. . (c) Termination of vocational rehabilitation requirement after retirement age Section 8113(b) is amended by adding at the end the following: An individual who has attained retirement age may not be required to undergo vocational rehabilitation. (d) Mandatory benefit reduction for noncompliance Section 8113(b) is amended by striking may reduce shall reduce (e) Technical and conforming amendments (1) In general Subchapter III of chapter 15 1538. Authorization for assisted reemployment Funds may be transferred from the Employees’ Compensation Fund established under section 8147 of title 5 to the applicable appropriations account for an agency or instrumentality of any branch of the Federal Government for the purposes of reimbursing the agency or instrumentality in accordance with an assisted reemployment agreement entered into under section 8104 of title 5. . (2) Table of sections The table of sections for chapter 15 of title 31, United States Code, is amended by inserting after the item relating to section 1537 the following: 1538. Authorization for assisted reemployment. . 506. Reporting requirements (a) In general Chapter 81 is amended by inserting after section 8106 the following: 8106a. Reporting requirements (a) Definition In this section, the term employee receiving compensation (1) is paid compensation under section 8105 or 8106; and (2) has not attained retirement age. (b) Authority The Secretary of Labor shall require an employee receiving compensation to report the earnings of the employee receiving compensation from employment or self-employment, by affidavit or otherwise, in the manner and at the times the Secretary specifies. (c) Contents An employee receiving compensation shall include in a report required under subsection (a) the value of housing, board, lodging, and other advantages which are part of the earnings of the employee receiving compensation in employment or self-employment and the value of which can be estimated. (d) Failure To report and false reports (1) In general An employee receiving compensation who fails to make an affidavit or other report required under subsection (b) or who knowingly omits or understates any part of the earnings of the employee in such an affidavit or other report shall forfeit the right to compensation with respect to any period for which the report was required. (2) Forfeited compensation Compensation forfeited under this subsection, if already paid to the employee receiving compensation, shall be recovered by a deduction from the compensation payable to the employee or otherwise recovered under section 8129, unless recovery is waived under that section. . (b) Technical and conforming amendments The table of sections for chapter 81 is amended by inserting after the item relating to section 8106 the following: 8106a. Reporting requirements. . 507. Disability management review; independent medical examinations Section 8123 is amended by adding at the end the following: (e) Disability management review (1) Definitions In this subsection— (A) the term covered employee (B) the term disability management review process (2) Establishment The Secretary of Labor shall— (A) establish a disability management review process for the purpose of certifying and monitoring the disability status and extent of injury of each covered employee; and (B) promulgate regulations for the administration of the disability management review process. (3) Physical examinations required Under the disability management review process, the Secretary of Labor shall periodically require covered employees to submit to physical examinations under subsection (a) by physicians selected by the Secretary. A physician conducting a physical examination of a covered employee shall submit to the Secretary a report regarding the nature and extent of the injury to and disability of the covered employee. (4) Frequency (A) In general The regulations promulgated under paragraph (2)(B) shall specify the process and criteria for determining when and how frequently a physical examination should be conducted for a covered employee. (B) Minimum frequency (i) Initial An initial physical examination shall be conducted not more than a brief period after the date on which a covered employee has been in continuous receipt of compensation for total disability under section 8015 for 6 months. (ii) Subsequent examinations After the initial physical examination, physical examinations of a covered employee shall be conducted not less than once every 3 years. (5) Employing agency or instrumentality requests (A) In general The agency or instrumentality employing an employee who has made a claim for compensation for total disability under section 8105 may at any time submit a request for the Secretary of Labor to promptly require the employee to submit to a physical examination under this subsection. (B) Requesting officer A request under subparagraph (A) shall be made on behalf of an agency or instrumentality by— (i) the head of the agency or instrumentality; (ii) the Chief Human Capital Officer of the agency or instrumentality; or (iii) if the agency or instrumentality does not have a Chief Human Capital Officer, an officer with responsibilities similar to those of a Chief Human Capital Officer designated by the head of the agency or instrumentality to make requests under this paragraph. (C) Information A request under subparagraph (A) shall be in writing and accompanied by— (i) a certification by the officer making the request that the officer has reviewed the relevant material in the employee’s file; (ii) an explanation of why the officer has determined, based on the materials in the file and other information known to the officer, that requiring a physical examination of the employee under this subsection is necessary; and (iii) copies of the materials relating to the employee that are relevant to the officer’s determination and request, unless the agency or instrumentality has a reasonable basis for not providing the materials. (D) Examination If the Secretary of Labor receives a request under this paragraph before an employee has undergone an initial physical examination under paragraph (4)(B)(i), the Secretary shall promptly require the physical examination of the employee. A physical examination under this subparagraph shall satisfy the requirement under paragraph (4)(B)(i) that an initial physical examination be conducted. (E) After initial examination (i) In general If the Secretary of Labor receives a request under this paragraph after an employee has undergone an initial physical examination under paragraph (4)(B)(i), the Secretary shall— (I) review the request and the information, explanation, and other materials submitted with the request; and (II) determine whether to require the physical examination of the employee who is the subject of the request. (ii) Not granted If the Secretary determines not to grant a request described in clause (i), the Secretary shall promptly notify the officer who made the request and provide an explanation of the reasons why the request was denied. . 508. Waiting period (a) In general Section 8117 is amended— (1) in the section heading, by striking Time of accrual of right Waiting period (2) in subsection (a)— (A) in the matter preceding paragraph (1), by striking An employee is not entitled In general (B) in paragraph (1), by adding or (C) by striking paragraph (2); and (D) by redesignating paragraph (3) as paragraph (2); and (3) in subsection (b)— (A) by striking A Postal Service A Postal Service Use of leave (B) by striking that 3-day period the first 3 days of temporary disability (C) by striking or is followed by permanent disability (b) Continuation of pay Section 8118 is amended— (1) in the section heading, by striking ; election to use annual or sick leave (2) in subsection (b)(1), by striking section 8117(b) section 8117 (3) by striking subsection (c); and (4) by redesignating subsection (d) as subsection (c). (c) Technical and conforming amendments The table of sections for chapter 81 is amended by striking the items relating to sections 8117 and 8118 and inserting the following: 8117. Waiting period. 8118. Continuation of pay. . 509. Election of benefits (a) In general Section 8116 is amended by adding at the end the following: (e) Retirement benefits (1) In general An individual entitled to compensation benefits payable under this subchapter and under chapter 83 or 84 or any other retirement system for employees of the Government, for the same period, shall elect which benefits the individual will receive. (2) Election (A) Deadline An individual shall make an election under paragraph (1) in accordance with such deadlines as the Secretary of Labor shall establish, which shall be a reasonable period after the individual has received notice of a final determination that the individual is entitled to compensation benefits payable under this subchapter. (B) Revocability An election under paragraph (1) shall be revocable, notwithstanding any other provision of law, except for any period during which an individual— (i) was qualified for benefits payable under both this subchapter and under a retirement system described in paragraph (1); and (ii) was paid benefits under the retirement system after having been notified of eligibility for benefits under this subchapter. (3) Informed choice The Secretary of Labor shall provide information, and shall ensure that information is provided, to an individual described in paragraph (1) about the benefits available to the individual under this subchapter or under chapter 83 or 84 or any other retirement system referred to in paragraph (1) the individual may elect to receive. . (b) Technical and conforming amendments Sections 8337(f)(3) and 8464a(a)(3) are each amended by striking Paragraphs Except as provided under chapter 81, paragraphs 510. Sanction for noncooperation with field nurses Section 8123, as amended by section 507, is amended by adding at the end the following: (f) Field nurses (1) Definition In this subsection, the term field nurse (2) Authorization The Secretary may use field nurses to coordinate medical services and vocational rehabilitation programs for injured employees under this subchapter. If an employee refuses to cooperate with a field nurse or obstructs a field nurse in the performance of duties under this subchapter, the right to compensation under this subchapter shall be suspended until the refusal or obstruction stops. . 511. Subrogation of continuation of pay (a) In general Section 8131 is amended— (1) in subsection (a), in the matter preceding paragraph (1), by inserting continuation of pay or compensation (2) in subsection (b), by inserting continuation of pay or compensation (3) in subsection (c)— (A) by inserting continuation of pay or compensation already paid (B) by inserting “continuation of pay or” before compensation payable (b) Adjustment after recovery from a third person Section 8132 is amended— (1) in the first sentence— (A) by inserting continuation of pay or compensation is payable (B) by inserting continuation of pay or compensation from the United States (C) by striking by him or in his behalf by the beneficiary or on behalf of the beneficiary (D) by inserting continuation of pay and compensation paid by the United States (E) by striking compensation payable to him continuation of pay or compensation payable to the beneficiary (2) in the second sentence, by striking his designee the designee of the beneficiary (3) in the fourth sentence, by striking If compensation payable to him by the United States If continuation of pay or compensation has not been paid to the beneficiary, the money or property shall be credited against continuation of pay or compensation payable to the beneficiary by the United States (c) Effective date This section and the amendments made by this section shall take effect on the date of enactment of this Act. 512. Integrity and compliance (a) In general Subchapter I of chapter 81 is amended by adding at the end the following: 8153. Integrity and Compliance Program (a) Definitions In this section— (1) the term FECA program (2) the term improper payment 31 U.S.C. 3321 (3) the term Inspector General (A) means an Inspector General described in subparagraph (A), (B), or (I) of section 11(b)(1) of the Inspector General Act of 1978 (5 U.S.C. App.); and (B) does not include the Inspector General of an entity having no employees covered under the FECA program; (4) the term Integrity and Compliance Program (5) the term provider (6) the term Secretary (7) the term Task Force (b) Integrity and compliance program Not later than 270 days after the date of enactment of this section, the Secretary shall establish an Integrity and Compliance Program for the purpose of preventing, identifying, and recovering fraudulent and other improper payments for the FECA program, which shall include— (1) procedures for identifying potentially improper payments before payment is made to claimants and providers, including, where appropriate, predictive analytics; (2) reviews after payment is made to identify potentially improper payments to claimants and providers; (3) on-going screening and verification procedures to ensure the continued eligibility of medical providers to provide services under the FECA program, including licensure, Federal disbarment, and the existence of relevant criminal convictions; (4) provision of appropriate information, education, and training to claimants and providers on requirements to ensure the integrity of the FECA program, including payments under the FECA program; (5) appropriate controls and audits to ensure that providers adopt internal controls and procedures for compliance with requirements under the FECA program; (6) procedures to ensure— (A) initial and continuing eligibility of claimants for compensation, benefits, or services under the FECA program; and (B) ongoing verification of information in databases relating to claimants to ensure accuracy and completeness; and (7) sharing and accessing data and information with other agencies and instrumentalities of the United States, including the United States Postal Service. (c) Interagency cooperation on anti-Fraud efforts (1) In general In administering the FECA program, including the Integrity and Compliance Program, the Secretary shall cooperate with other agencies and instrumentalities of the United States (including the United States Postal Service) and the Inspectors General of such agencies and instrumentalities to prevent, identify, and recover fraudulent and other improper payments under the FECA program. (2) Task force (A) In general There is established a task force, which shall be known as the FECA Integrity and Compliance Task Force. (B) Membership The members of the Task Force shall be— (i) the Secretary, who shall serve as the Chairperson of the Task Force; (ii) the Postmaster General, who shall serve as the Vice Chairperson of the Task Force; (iii) the Attorney General; (iv) the Director of the Office of Management and Budget; and (v) other appropriate Federal officials, as determined by the Chairperson and Vice Chairperson of the Task Force. (C) Advisory members The following officials shall attend meetings of the Task Force and participate as ad hoc, advisory members, to provide technical assistance and guidance to the Task Force with respect to the duties of the Task Force: (i) The Inspector General of the Department of Labor. (ii) The Inspector General of the United States Postal Service. (iii) The Inspectors General of other appropriate agencies and instrumentalities of the United States that employ a significant number of individuals receiving compensation, benefits, or services under the FECA program, as determined by the Chairperson of the Task Force. (D) Duties The Task Force shall— (i) set forth, in writing, a description of the respective roles and responsibilities in preventing, identifying, recovering, and prosecuting fraud under, and otherwise ensuring integrity and compliance of, the FECA program of— (I) the Secretary (including subordinate officials such as the Director of the Office of Workers’ Compensation Programs); (II) the Inspector General of the Department of Labor; (III) the Inspectors General of agencies and instrumentalities of the United States that employ claimants under the FECA program; (IV) the Attorney General; and (V) any other relevant officials; (ii) develop procedures for sharing information of possible fraud under the FECA program or other intentional misstatements by claimants or providers under the FECA program, including procedures addressing— (I) notification of appropriate officials of the Department of Labor of potential fraud or other intentional misstatements, including provision of supporting information; (II) timely and appropriate response by officials of the Department of Labor to notifications described in subclause (I); (III) the inclusion of information and evidence relating to fraud and other intentional misstatements in criminal, civil, and administrative proceedings relating to the provision of compensation, benefits, or medical services (including payments to providers) under the FECA program; (IV) the coordination of criminal investigations with the administration of the FECA program; and (V) the protection of information relating to an investigation of possible fraud under the FECA program from potential disclosure, including requirements that enable investigative files to be appropriately separated from case management files; and (iii) not later than 1 year after the date of enactment of this section, submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform and the Committee on Education and the Workforce of the House of Representatives a report that includes the description and procedures required under clauses (i) and (ii). (3) Rule of construction Nothing in this subsection shall be construed to limit or restrict any authority of an Inspector General. (d) Improvements to access of Federal databases (1) In general In order to improve compliance with the requirements under and the integrity of the FECA program, or as required to otherwise detect and prevent improper payments under the FECA program (including for purposes of computer matching under subsection (e)(1)(D)), upon written request— (A) the Commissioner of Social Security shall make available to the Secretary, the Postmaster General, and each Inspector General the Social Security earnings information of a living or deceased employee; (B) the Director of the Office of Personnel Management shall make available to the Secretary, the Postmaster General, and each Inspector General the information in the databases of Federal employees and retirees maintained by the Director; and (C) the Secretary of Veterans Affairs shall make available to the Secretary, the Postmaster General, and each Inspector General the information in the database of disabled individuals maintained by the Secretary of Veterans Affairs. (2) National directory of new hires Upon written request, the Secretary of Health and Human Services shall make available to the Secretary, the Postmaster General, each Inspector General, and the Comptroller General of the United States the information in the National Directory of New Hires for purposes of carrying out this subchapter, in order to improve compliance with the requirements under and the integrity of the FECA program, or as required to otherwise detect and prevent improper payments under the FECA program (including for purposes of computer matching under subsection (e)(1)(D)). The Comptroller General may obtain information from the National Directory of New Hires for purposes of any audit, evaluation, or investigation, including any audit, evaluation, or investigation relating to program integrity. (3) Procedures The Secretary shall establish procedures for correlating the identity and status of recipients of compensation, benefits, or services under this subchapter with Social Security earnings information described in paragraph (1)(A). (4) Provision Information requested under this subsection shall be provided— (A) in a timely manner; (B) at a reasonable cost to the Secretary, the Postmaster General, or an Inspector General; (C) without cost to the Comptroller General of the United States; and (D) in the manner, frequency, and form reasonably specified by the officer making the request, which, upon request, shall include electronic form. (5) Assessment of data cost-effectiveness (A) In general The Secretary shall consider and assess procedures for correlating the identity and status of recipients of compensation, benefits, or services under this subchapter with information relating to employees, retirees, and individuals described in subparagraphs (B) and (C) of paragraph (1) and paragraph (2). (B) Report Not later than 1 year after the date of enactment of this section, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform and the Committee on Education and the Workforce of the House of Representatives a report on the cost-effectiveness of the use of the databases described in subparagraphs (B) and (C) of paragraph (1) and paragraph (2) for program compliance and integrity. The report required under this subparagraph may be included as part of the report required under subsection (f). (6) United States postal service FECA enrollee database Not later than 180 days after the date of enactment of this section, in order to track, verify, and communicate with the Secretary and other relevant entities, the Postmaster General shall establish an electronic database of information relating to employees of the United States Postal Service who have applied for or are receiving compensation, benefits, or services under this subchapter. (7) Rule of construction Nothing in this subsection shall be construed to limit the authority of the Comptroller General of the United States under section 716 (e) General protocols and security (1) Establishment (A) In general In order to ensure strong information security and privacy standards, the Task Force shall establish protocols for the secure transfer and storage of any information provided to an individual or entity under this section. (B) Considerations In establishing protocols under subparagraph (A), the Task Force shall consider any recommendations submitted to the Secretary by the Inspector General of the Department of Health and Human Services with respect to the secure transfer and storage of information, and to comply with privacy laws and best practices. (C) Fraud case protection The Task Force shall establish protocols and procedures to enable information and materials relating to an active investigation of possible fraud relating to the FECA program to be appropriately kept separate from the files for employees relating to the provision of compensation, benefits, or services under the FECA program. (D) Computer matching by federal agencies for purposes of investigation and prevention of improper payments and fraud (i) In general Except as provided in this subparagraph, in accordance with section 552a (commonly known as the Privacy Act of 1974), the Secretary, the Postmaster General, each Inspector General, and the head of each agency may enter into computer matching agreements that allow ongoing data matching (which shall include automated data matching) in order to assist in the detection and prevention of improper payments under the FECA program. (ii) Review Not later than 60 days after a proposal for an agreement under clause (i) has been presented to a Data Integrity Board established under section 552a(u) for consideration, the Data Integrity Board shall approve or deny the agreement. (iii) Termination date An agreement under clause (i)— (I) shall have a termination date of less than 3 years; and (II) during the 3-month period ending on the date on which the agreement is scheduled to terminate, may be renewed by the agencies entering the agreement for not more than 3 years. (iv) Multiple agencies For purposes of this subparagraph, section 552a(o)(1) shall be applied by substituting between the source agency and the recipient agency or non-Federal agency or an agreement governing multiple agencies’ for ‘between the source agency and the recipient agency or non-Federal agency (v) Cost-benefit analysis An agreement under clause (i) may be entered without regard to section 552a(o)(1)(B), relating to a cost-benefit analysis of the proposed matching program. (vi) Guidance by the office of management and budget Not later than 6 months after the date of enactment of the Workers' Compensation Reform Act of 2013 (I) issue guidance for agencies regarding implementing this subparagraph, which shall include standards for reimbursement costs, when necessary, between agencies; and (II) establish standards and develop standard matching agreements for the purpose of improving the process for establishing data use or computer matching agreements. (2) Compliance The Secretary, the Postmaster General, and each Inspector General shall ensure that any information provided to an individual or entity under this section is provided in accordance with protocols established under paragraph (1). (3) Rule of construction Nothing in this section shall be construed to affect the rights of an individual under section 552a(p). (f) Report Not later than 1 year after the date of enactment of this section, and annually thereafter for 5 years, the Secretary shall submit a report on the activities of the Secretary under this section, including implementation of the Integrity and Compliance Program, to— (1) the Committee on Homeland Security and Governmental Affairs of the Senate; and (2) the Committee on Oversight and Government Reform and the Committee on Education and the Workforce of the House of Representatives. (g) GAO review The Comptroller General of the United States shall— (1) conduct periodic reviews of the Integrity and Compliance Program; and (2) submit reports on the results of the reviews under paragraph (1) to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform and the Committee on Education and the Workforce of the House of Representatives not later than— (A) 2 years after the date of enactment of this section; and (B) 3 years after submission of the report under subparagraph (A). . (b) Technical and conforming amendment The table of sections for chapter 81 is amended by inserting after the item relating to section 8152 the following: 8153. Integrity and Compliance Program. . (c) Effective date This section and the amendments made by this section shall take effect on the date of enactment of this Act. 513. Amount of compensation (a) Injuries to face, head, and neck Section 8107(c)(21) is amended— (1) by striking not to exceed $3,500 in proportion to the severity of the disfigurement, not to exceed $50,000, (2) by adding at the end the following: The maximum amount of compensation under this paragraph shall be increased on March 1 of each year by the amount determined by the Secretary of Labor to represent the percent change in the price index published for December of the preceding year over the price index published for the December of the year prior to the preceding year, adjusted to the nearest one-tenth of 1 percent. (b) Funeral expenses Section 8134(a) is amended— (1) by striking $800 $6,000 (2) by adding at the end the following: The maximum amount of compensation under this subsection shall be increased on March 1 of each year by the amount determined by the Secretary of Labor to represent the percent change in the price index published for December of the preceding year over the price index published for the December of the year prior to the preceding year, adjusted to the nearest one-tenth of 1 percent. (c) Application The amendments made by this section shall apply to injuries or deaths, respectively, occurring on or after the date of enactment of this Act. 514. Terrorism injuries; zones of armed conflict (a) Covering terrorism injuries Section 8102(b) is amended in the matter preceding paragraph (1)— (1) by inserting or from an attack by a terrorist or terrorist organization, either known or unknown, force or individual, (2) by striking outside 1979) outside of the United States (b) Continuation of pay in a zone of armed conflict Section 8118, as amended by section 508(b) of this Act, is amended— (1) in subsection (b), by striking Continuation Except as provided under subsection (d)(2), continuation (2) in subsection (c), as redesignated by section 508(b)(4) of this Act, by striking subsection (a) subsection (a) or (d) (3) inserting before subsection (e) the following: (d) Continuation of pay in a zone of armed conflict (1) In general Notwithstanding subsection (a), the United States shall authorize the continuation of pay of an employee described in subparagraph (A), (C), (D), or (F) of section 8101(1), who— (A) files a claim for a period of wage loss due to an injury in performance of duty in a zone of armed conflict (as determined by the Secretary of Labor under paragraph (3)); and (B) files the claim for such wage loss benefit with the immediate superior of the employee not later than 45 days after the later of— (i) the termination of the assignment of the employee to the zone of armed conflict; or (ii) the return of the employee to the United States. (2) Continuation of pay Notwithstanding subsection (b), continuation of pay under this subsection shall be furnished for a period not to exceed 135 days without any break in time or waiting period, unless controverted under regulations prescribed by the Secretary of Labor. (3) Determination of zones of armed conflict For purposes of this subsection, the Secretary of Labor, in consultation with the Secretary of State and the Secretary of Defense, shall determine whether a foreign country or other foreign geographic area outside of the United States (as defined in section 202(a)(7) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4302(a)(7)) is a zone of armed conflict based on whether— (A) the Armed Forces of the United States are involved in hostilities in the country or area; (B) the incidence of civil insurrection, civil war, terrorism, or wartime conditions threatens physical harm or imminent danger to the health or well-being of United States civilian employees in the country or area; (C) the country or area has been designated a combat zone by the President under section 112(c) of the Internal Revenue Code of 1986; (D) a contingency operation involving combat operations directly affects civilian employees in the country or area; or (E) there exist other relevant conditions and factors. . 515. Technical and conforming amendments Chapter 81 is amended— (1) in section 8101(1)(D), by inserting for an injury that occurred before the effective date of section 204(e) of the District of Columbia Self-Government and Governmental Reorganization Act ( Public Law 93–198 5 U.S.C. 8101 (2) in section 8139, by inserting under this subchapter Compensation awarded (3) in section 8148(a), by striking section 8106 section 8106a 516. Regulations (a) In general As soon as possible after the date of enactment of this Act, the Secretary of Labor shall promulgate regulations (which may include interim final regulations) to carry out this title. (b) Contents The regulations promulgated under subsection (a) shall include, for purposes of the amendments made by sections 502 and 503, clarification of— (1) what is a claim; and (2) what is the date on which a period of disability, for which a claim is made, commences. 517. Effective date Except as otherwise provided in this title, this title and the amendments made by this title shall take effect 60 days after the date of enactment of this Act. VI Property management and expedited disposal of real property 601. Short title This title may be cited as the Federal Real Property Asset Management Reform Act of 2013 602. Purpose The purpose of this title is to increase the efficiency and effectiveness of the Federal Government in managing real property by— (1) requiring agencies to maintain an up-to-date inventory of real property; (2) establishing a Federal Real Property Council to develop guidance on and ensure the implementation of strategies for better managing Federal real property; and (3) authorizing a pilot program to expedite the disposal of surplus real property. 603. Property management and expedited disposal of real property Chapter 5 of subtitle I of title 40, United States Code, is amended by adding at the end the following: VII Property management and expedited disposal of real property 621. Definitions In this subchapter: (1) Administrator The term Administrator (2) Council The term Council (3) Director The term Director (4) Disposal The term disposal (5) Excess property The term excess property (6) Federal agency The term Federal agency (A) an executive department or independent establishment in the executive branch of the Government; or (B) a wholly owned Government corporation. (7) Field office The term field office (8) Postal property The term postal property (9) Surplus property (A) In general The term surplus property (B) Exclusions The term surplus property (i) any military installation (as defined in section 2910 of the Defense Base Closure and Realignment Act of 1990 ( 10 U.S.C. 2687 Public Law 101–510 (ii) any property that is excepted from the definition of the term property (iii) Indian and native Eskimo property held in trust by the Federal Government as described in section 3301(a)(5)(C)(iii); (iv) real property operated and maintained by the Tennessee Valley Authority pursuant to the Tennessee Valley Authority Act of 1933 ( 16 U.S.C. 831 et seq. (v) any real property the Director excludes for reasons of national security; (vi) any public lands (as defined in section 203 of the Public Lands Corps Act of 1993 (16 U.S.C. 1722)) administered by— (I) the Secretary of the Interior, acting through— (aa) the Director of the Bureau of Land Management; (bb) the Director of the National Park Service; (cc) the Commissioner of Reclamation; or (dd) the Director of the United States Fish and Wildlife Service; or (II) the Secretary of Agriculture, acting through the Chief of the Forest Service; or (vii) any property operated and maintained by the United States Postal Service. (10) Underutilized property The term underutilized property (A) irregularly or intermittently by the accountable Federal agency for program purposes of the Federal agency; or (B) for program purposes that can be satisfied only with a portion of the property. 622. Duties of Federal agencies Each Federal agency shall— (1) maintain adequate inventory controls and accountability systems for real property under the control of the Federal agency; (2) develop current and future workforce projections so as to have the capacity to assess the needs of the Federal workforce regarding the use of real property; (3) continuously survey real property under the control of the Federal agency to identify excess property, underutilized property, and other real property suitable to be used for— (A) colocation with other Federal agencies; or (B) consolidation with other facilities; (4) promptly report excess property and underutilized property to the Administrator; (5) establish goals that will lead the Federal agency to reduce excess property and underutilized property in the inventory of the Federal agency; (6) submit to the Council a report on all excess property and underutilized property in the inventory of the Federal agency, including— (A) whether underutilized property can be better utilized; and (B) the extent to which the Federal agency believes that the underutilized property serves the needs of the Federal agency to retain underutilized property; (7) adopt workplace practices, configurations, and management techniques that can achieve increased levels of productivity and decrease the need for real property assets; (8) assess leased space to identify space that is not fully used or occupied; (9) on an annual basis and subject to the guidance of the Council— (A) conduct an inventory of real property under control of the Federal agency; and (B) make an assessment of each real property, which shall include— (i) the age and condition of the property; (ii) the size of the property in square footage and acreage; (iii) the geographical location of the property, including an address and description; (iv) the extent to which the property is being utilized; (v) the actual annual operating costs associated with the property; (vi) the total cost of capital expenditures associated with the property; (vii) sustainability metrics associated with the property; (viii) the number of Federal employees and functions housed at the property; (ix) the extent to which the mission of the Federal agency is dependent on the property; (x) the estimated amount of capital expenditures projected to maintain and operate the property over each of the next 5 years after the date of enactment of this subchapter; and (xi) any additional information required by the Administrator to carry out section 624; and (10) provide to the Council and the Administrator the information described in paragraph (9)(B) to be used for the establishment and maintenance of the database described in section 624. 623. Colocation among United States Postal Service properties (a) Identification of postal property Each year, the Postmaster General may— (1) identify a list of postal properties with space available for use by Federal agencies; and (2) submit the list to the Council. (b) Submission of list of postal properties to Federal agencies (1) In general Not later than 30 days after the completion of a list under subsection (a), the Council shall provide the list to each Federal agency. (2) Review by Federal agencies Not later than 90 days after the receipt of the list submitted under paragraph (1), each Federal agency shall— (A) review the list; (B) identify real property assets under the control of the Federal agency; and (C) recommend colocations if appropriate. (c) Terms of colocation On approval of the recommendations under subsection (b) by the Postmaster General and the applicable agency head, the Federal agency or appropriate landholding entity may work with the Postmaster General to establish appropriate terms of a lease for each postal property. 624. Establishment of a Federal Real Property Council (a) Establishment There is established a Federal Real Property Council. (b) Purpose The purpose of the Council shall be— (1) to develop guidance and ensure implementation of an efficient and effective real property management strategy; (2) to identify opportunities for the Federal Government to better manage real property assets; and (3) to reduce the costs of managing real property, including operations, maintenance, and security. (c) Composition (1) In general The Council shall be composed exclusively of— (A) the senior real property officers of each Federal agency; (B) the Deputy Director for Management of the Office of Management and Budget; (C) the Controller of the Office of Management and Budget; (D) the Administrator; and (E) any other full-time or permanent part-time Federal officials or employees, as the Chairperson determines to be necessary. (2) Chairperson The Deputy Director for Management of the Office of Management and Budget shall serve as Chairperson of the Council. (3) Executive Director (A) In general The Chairperson shall designate an Executive Director to assist in carrying out the duties of the Council. (B) Qualifications; full-time The Executive Director shall— (i) be appointed from among individuals who have substantial experience in the areas of commercial real estate and development, real property management, and Federal operations and management; and (ii) serve full time. (d) Meetings (1) In general The Council shall meet subject to the call of the Chairperson. (2) Minimum The Council shall meet not fewer than 4 times each year. (e) Duties The Council, in consultation with the Director and the Administrator, shall— (1) not later than 1 year after the date of enactment of this subchapter, establish a real property management plan template, to be updated annually, which shall include performance measures, specific milestones, measurable savings, strategies, and government-wide goals based on the goals established under section 622(5) to reduce surplus property or to achieve better utilization of underutilized property, and evaluation criteria to determine the effectiveness of real property management that are designed— (A) to enable Congress and heads of Federal agencies to track progress in the achievement of real property management objectives on a government-wide basis; (B) to improve the management of real property; and (C) to allow for comparison of the performance of Federal agencies against industry and other public sector agencies in terms of performance; (2) develop standard use rates consistent throughout each category of space and with nongovernmental space use rates; (3) develop a strategy to reduce the reliance of Federal agencies on leased space for long-term needs if ownership would be less costly; (4) provide guidance on eliminating inefficiencies in the Federal leasing process; (5) compile a list of real property assets that are field offices that are suitable for colocation with other real property assets; and (6) not later than 1 year after the date of enactment of this subchapter and annually during the 4-year period beginning on the date that is 1 year after the date of enactment of this subchapter and ending on the date that is 5 years after the date of enactment of this subchapter, the Council shall submit to the Director a report that contains— (A) a list of the remaining excess property, surplus property, and underutilized properties of each Federal agency; (B) the progress of the Council toward developing guidance for Federal agencies to ensure that the assessment required under section 622(9)(B) is carried out in a uniform manner; and (C) the progress of Federal agencies toward achieving the goals established under section 622(5). (f) Consultation In carrying out the duties described in subsection (e), the Council shall also consult with representatives of— (1) State, local, tribal authorities, and affected communities; and (2) appropriate private sector entities and nongovernmental organizations that have expertise in areas of— (A) commercial real estate and development; (B) government management and operations; (C) space planning; (D) community development, including transportation and planning; and (E) historic preservation. (g) Council resources The Director and the Administrator shall provide staffing, and administrative support for the Council, as appropriate. 625. Federal real property inventory and database (a) In general Not later than 1 year after the date of enactment of this subchapter, the Administrator shall establish and maintain a single, comprehensive, and descriptive database of all real property under the custody and control of all Federal agencies. (b) Contents The database shall include— (1) information provided to the Administrator under section 622(9)(B); and (2) a list of real property disposals completed, including— (A) the date and disposal method used for each real property; (B) the proceeds obtained from the disposal of each real property; (C) the amount of time required to dispose of the real property, including the date on which the real property is designated as excess property; (D) the date on which the property is designated as surplus property and the date on which the property is disposed; and (E) all costs associated with the disposal. (c) Accessibility (1) Committees The database established under subsection (a) shall be made available on request to the Committee on Homeland Security and Governmental Affairs and the Committee on Environment and Public Works of the Senate and the Committee on Oversight and Government Reform and the Committee on Transportation and Infrastructure of the House of Representatives. (2) General public Not later than 3 years after the date of enactment of this subchapter and to the extent consistent with national security, the Administrator shall make the database established under subsection (a) accessible to the public at no cost through the website of the General Services Administration. 626. Limitation on certain leasing authorities (a) In general Except as provided in subsection (b), not later than December 31 of each year following the date of enactment of this subchapter, a Federal agency with independent leasing authority shall submit to the Council a list of all leases, including operating leases, in effect on the date of enactment of this subchapter that includes— (1) the date on which each lease was executed; (2) the date on which ease lease will expire; (3) a description of the size of the space; (4) the location of the property; (5) the tenant agency; (6) the total annual rental rate; and (7) the amount of the net present value of the total estimated legal obligations of the Federal Government over the life of the contract. (b) Exception Subsection (a) shall not apply to— (1) the United States Postal Service; (2) the Department of Veterans Affairs; or (3) any other property the President excludes from subsection (a) for reasons of national security. 627. Expedited disposal pilot program (a) Establishment The Director shall establish a pilot program to dispose of, by sale, transfer, or other means of disposal, any surplus property. (1) Properties for expedited disposal (A) In general On an annual basis, the Director may authorize the expedited disposal of not more than 200 surplus properties. (B) Priority In determining which properties to dispose of, the Director shall give priority to surplus properties that have the highest fair market value and the greatest potential for disposal. (C) Costs associated with disposal (i) In general The Administrator may obligate an amount to pay any direct and indirect costs under section 572 related to identifying and preparing properties to be reported as excess property by a Federal agency. (ii) Reimbursement An amount obligated under clause (i) shall be paid from the proceeds of any sale of real property under this subsection. (iii) Net proceeds Net proceeds shall be distributed under subsection (b). (D) Maximum net proceeds Any real property authorized to be disposed of by sale of under subparagraph (A) shall disposed of in a manner that, as determined by the Administrator in consultation with the head of the applicable Federal agency, is structured and marketed to maximize the value to the Federal Government. (E) Monetary proceeds requirement Surplus property may be disposed of under this section only if disposal of the property will generate monetary proceeds to the Federal Government that— (i) exceed the costs of disposal of the property; and (ii) are not less than 90 percent of fair market value. (2) Applicability of certain law Any expedited disposal of real property conducted under this section shall not be subject to— (A) any section of An Act Authorizing the Transfer of Certain Real Property for Wildlife, or Other Purposes ( 16 U.S.C. 667b (B) sections 107 and 317 of title 23; (C) sections 545(b)(8), 550, 553, 554, and 1304(b); (D) section 501 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11411 (E) section 47151 of title 49; or (F) section 13(d) of the Surplus Property Act of 1944 ( 50 U.S.C. App. 1622(d) (3) Effect Except as provided in paragraph (2), nothing in this subchapter terminates or in any way limits the authority of any Federal agency under any other provision of law to dispose of real property. (b) Use of proceeds (1) In general Of the proceeds received from the disposal of any real property under this subchapter— (A) not less than 80 percent shall be returned to the general fund of the Treasury for debt reduction; (B) the lesser of 18 percent or the share of proceeds otherwise authorized to be retained under law shall be retained by the Federal agency that has custody and is accountable for the real property, subject to paragraph (2); (C) not greater than 2 percent shall be made available to carry out section 627, subject to annual appropriations; and (D) any remaining share of the proceeds shall be returned to the general fund of the Treasury for Federal budget deficit reduction. (2) Limitation on use of proceeds Any proceeds retained by Federal agencies under this section shall be— (A) deposited into the appropriate real property account of the Federal agency that had custody and accountability for the real property, with the funds expended only as authorized in annual appropriations Acts; (B) used— (i) by not later than 2 years after the date of disposal of the real property; and (ii) only for activities relating to Federal real property asset management and disposal; and (C) if not used by the date described in subparagraph (B)(i), shall be deposited in the Treasury and used for Federal budget deficit reduction. (c) Public benefit (1) Conveyance Except as provided in paragraph (2), if a real property authorized to be disposed of under subsection (a) has not been disposed of by the date that is 2 years after the date the property is listed for sale, the Director, in consultation with the Administrator and the Secretary of Housing and Urban Development, may consider a request from the disposing Federal agency that the real property be conveyed to State and local governments or nonprofit organizations for various public purposes or uses as permitted by applicable law. (2) Predominant use and size standards (A) In general Any real property authorized to be disposed of under subsection (a) shall not be conveyed under paragraph (1) if— (i) the predominant use of the property is not for housing; and (ii) (I) the area of the property is not less than 25,000 square feet; or (II) the appraised fair market value of the property is greater than $1,000,000. (B) Appraised fair market value The appraised fair market value described in subparagraph (A)(ii)(II) shall be determined by the Federal agency with custody or control of the property, in consultation with the Administrator and standard appraisal practice. (d) Enforcement (1) Increase in size of inventory Except as provided in paragraph (2), if a Federal agency fails to make available for public sale the real property authorized to be disposed of under subsection (a) by the date that is 18 months after the date on which the authorization is made under subsection (a), that Federal agency, except for specific exceptions promulgated by the Director, shall not increase the size of the civilian real property inventory, unless the square footage of the increase is offset, within an appropriate time as determined by the Director, through consolidation, colocation, or disposal of another building space from the inventory of that Federal agency. (2) Exception Paragraph (1) shall not apply to a Federal agency that acquires any real property not under the administrative jurisdiction of the Federal Government, by sale or lease, until the Director submits a certification to Congress of the disposal of all of those surplus properties. (e) Termination of authority The authority provided by this section terminates on the date that is 5 years after the date of enactment of this subchapter. 628. Homeless assistance grants (a) Definitions In this section: (1) Eligible nonprofit organization The term eligible nonprofit organization (2) Homeless The term homeless 42 U.S.C. 11302 (3) Permanent housing The term permanent housing (4) Private nonprofit organization The term private nonprofit organization 42 U.S.C. 11360 (5) Representative of the homeless The term representative of the homeless 42 U.S.C. 11411(i) (6) Secretary The term Secretary (7) Transitional housing The term transitional housing 42 U.S.C. 11360 (b) Grant authority (1) In general To the extent amounts are made available under section 626(b)(1)(B) for use under this section, the Secretary shall make grants to eligible private nonprofit organizations through the continuum of care program established under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11381 et seq. (2) Terms and conditions Except as otherwise provided in this section, a grant under this section shall be subject to the same terms and conditions as a grant under the continuum of care program established under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.). (c) Use of properties for housing or shelter for the homeless (1) Eligible uses An eligible private nonprofit organization that receives a grant under subsection (b) shall use the amounts received only to purchase or rehabilitate real property for use to provide permanent housing, transitional housing, or temporary shelter to the homeless. (2) Term of use The Secretary may not make a grant under subsection (b) to an eligible private nonprofit organization unless the eligible private nonprofit organization provides to the Secretary such assurances as the Secretary determines necessary to ensure that any real property purchased or rehabilitated using amounts received under the grant is used only for the uses described in paragraph (1) for a period of not less than 15 years. (d) Preference In awarding grants under subsection (b), the Secretary shall give preference to eligible private nonprofit organizations that operate within areas in which Federal real property is being sold under the disposal program authorized under section 626. (e) Regulations The Secretary may promulgate such regulations as are necessary to carry out this section. . 604. Report of the Comptroller General (a) Draft Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a draft report on the expedited disposal pilot program established by the amendments made by section 3. (b) Final Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a final report on the expedited disposal pilot program established by the amendments made by section 3. 605. Technical and conforming amendment The table of sections for chapter 5 of subtitle I of title 40, United States Code, is amended by inserting after the item relating to section 611 the following: SUBCHAPTER VII—Property management and expedited disposal of real property 621. Definitions. 622. Duties of Federal agencies. 623. Colocation among United States Postal Service properties. 624. Establishment of a Federal Real Property Council. 625. Federal real property inventory and database. 626. Limitation on certain leasing authorities. 627. Expedited disposal pilot program. 628. Homeless assistance grants. . 1. Short title This Act may be cited as the Postal Reform Act of 2014 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Definitions. TITLE I—Postal Service workforce Sec. 101. Annual Federal Employee Retirement System and Civil Service Retirement System assessments. Sec. 102. Postal Service authority to negotiate retirement benefit terms for new employees. Sec. 103. Restructuring of payments for retiree health benefits. Sec. 104. Postal Service Health Benefits Program. Sec. 105. Labor disputes. Sec. 106. Prefunding and financial reporting with respect to workers’ compensation liability. Sec. 107. Right of appeal to Merit Systems Protection Board. Sec. 108. Supervisory and other managerial organizations. TITLE II—Postal Service operations Sec. 201. Maintenance of delivery service standards. Sec. 202. Preserving mail processing capacity; review of discontinuances, closings, and consolidations. Sec. 203. Preserving community post offices. Sec. 204. Changes to mail delivery schedule. Sec. 205. Delivery point modernization. Sec. 206. Postal services for market-dominant products. Sec. 207. Report on pilot program for use of natural gas and propane for postal trucks. Sec. 208. Capitol Complex post offices. Sec. 209. Lawful possession of firearms in post office parking lots. TITLE III—Postal Service revenue Sec. 301. Postal rates. Sec. 302. Nonpostal services. Sec. 303. Shipping of wine, beer, and distilled spirits. TITLE IV—Postal Service governance Sec. 401. Board of Governors of the Postal Service. Sec. 402. Strategic Advisory Commission on Postal Service Solvency and Innovation. Sec. 403. Long-term solvency plan; annual financial plan and budget. Sec. 404. Chief Innovation Officer; innovation strategy. Sec. 405. Area and district office structure. Sec. 406. Inspector General of the Postal Service. Sec. 407. Postal Regulatory Commission. Sec. 408. Postal Service contracts and congressional oversight authority. TITLE V—Federal Employees’ Compensation Act Sec. 501. Short title; references. Sec. 502. Federal workers compensation reforms for retirement-age employees. Sec. 503. Augmented compensation for dependents. Sec. 504. Schedule compensation payments. Sec. 505. Vocational rehabilitation. Sec. 506. Reporting requirements. Sec. 507. Disability management review; independent medical examinations. Sec. 508. Waiting period. Sec. 509. Election of benefits. Sec. 510. Sanction for noncooperation with field nurses. Sec. 511. Subrogation of continuation of pay. Sec. 512. Integrity and compliance. Sec. 513. Amount of compensation. Sec. 514. Terrorism injuries; zones of armed conflict. Sec. 515. Technical and conforming amendments. Sec. 516. Regulations. Sec. 517. Effective date. TITLE VI—Property management and expedited disposal of real property Sec. 601. Short title. Sec. 602. Purpose. Sec. 603. Property management and expedited disposal of real property. Sec. 604. Report of the Comptroller General. Sec. 605. Technical and conforming amendment. 3. Definitions In this Act, the following definitions shall apply: (1) Commission The term Commission (2) Postal Service The term Postal Service I Postal Service workforce 101. Annual Federal Employee Retirement System and Civil Service Retirement System assessments (a) Use of postal-specific assumptions in normal cost calculation (1) In general Section 8423(a) (A) in paragraph (1), by inserting other than the United States Postal Service Each employing agency (B) by adding at the end the following: (5) (A) The United States Postal Service shall contribute to the Fund an amount equal to the product of— (i) the normal-cost percentage, as determined for employees of the United States Postal Service under subparagraph (B), multiplied by (ii) the aggregate amount of basic pay payable by the United States Postal Service, for the period involved, to employees of the United States Postal Service. (B) (i) In determining the normal-cost percentage for employees of the United States Postal Service, the Office shall use— (I) demographic factors specific to the employees; and (II) appropriate economic assumptions, as determined by the Office, regarding wage and salary trends specific to the employees. (ii) The United States Postal Service shall provide any data or projections the Office requires in order to determine the normal-cost percentage for employees of the United States Postal Service consistent with clause (i). (iii) Notwithstanding paragraph (2), in determining the normal-cost percentage to be applied for employees of the United States Postal Service, the Office shall take into account amounts provided under section 8422 and amounts provided under section 1005(g)(3)(A)(i) (iv) The Office shall review the determination of the normal-cost percentage for employees of the United States Postal Service and make such adjustments as the Office determines are necessary— (I) upon request of the United States Postal Service, but no more frequently than once each fiscal year; and (II) at any additional times, as the Office considers appropriate. . (2) Initial determination Not later than 180 days after the date on which the Office receives the appropriate data or projections from the Postal Service under clause (ii) of section 8423(a)(5)(B) of title 5, United States Code, as added by paragraph (1), the Office shall determine the normal-cost percentage for employees of the Postal Service in accordance with the requirements under such section 8423(a)(5)(B). (3) Applicability On and after the date on which the Office determines the normal-cost percentage under paragraph (2), the contributions of the Postal Service to the Civil Service Retirement and Disability Fund relating to employees covered under chapter 84 of title 5, United States Code, shall be determined in accordance with paragraph (5) of section 8423(a) (b) Postal funding surplus or liability (1) Treatment of postal funding surplus Section 8423(b) (A) by redesignating paragraph (5) as paragraph (6); and (B) by inserting after paragraph (4) the following: (5) (A) In this paragraph, the term postal funding surplus (B) After the date on which the Office determines under paragraph (7)(C) the amount of supplemental liability computed under paragraph (1)(B) as of the close of the fiscal year ending on September 30, 2013, not later than the date on which the Postmaster General makes a request under subparagraph (C) of this paragraph, and if the amount determined under paragraph (7)(C) is less than zero, the Postmaster General may request that some or all of the amount of the postal funding surplus, not to exceed $6,000,000,000, be returned to the United States Postal Service, and not later than 10 days after the request, the Director shall transfer to the United States Postal Service from the Fund an amount equal to the portion of the postal funding surplus requested, for use in accordance with subparagraph (E)(i). (C) (i) Subject to clause (ii), after the date on which the Office computes the amount of supplemental liability under paragraph (1)(B) as of the close of the fiscal year ending on September 30, 2014, and if such amount is less than zero, the Postmaster General may request that some of the amount of the postal funding surplus, not to exceed 2/3 (ii) If any amount requested by the Postmaster General under subparagraph (B) is not transferred from the Fund as of the close of the fiscal year ending on September 30, 2014, for purposes of this subparagraph, the Office shall recompute the amount of supplemental liability computed under paragraph (1)(B) as of the close of that fiscal year by subtracting from the balance of the Fund the amount requested under subparagraph (B) of this paragraph. (D) If the amount of supplemental liability computed under paragraph (1)(B) as of the close of any fiscal year commencing after September 30, 2014, is less than zero, the Office shall establish an amortization schedule, including a series of equal annual installments that— (i) provide for the liquidation of the postal funding surplus in 40 years, commencing on September 30 of the subsequent fiscal year; and (ii) shall be transferred to the United States Postal Service from the Fund for use in accordance with subparagraph (E)(ii). (E) (i) The United States Postal Service may use an amount transferred under subparagraph (B) only for the purpose of repaying any obligation issued under section 2005(a) of title 39. (ii) The United States Postal Service may use an amount transferred under subparagraph (C) or (D) only— (I) by directing that some or all of the amount be transferred to the Postal Service Retiree Health Benefits Fund for the purpose of reducing any Postal Service actuarial liability referred to under section 8909a; (II) by directing that some or all of the amount be transferred to the Civil Service Retirement and Disability Fund for the purpose of reducing any supplemental liability under section 8348(h); (III) by directing that some or all of the amount be transferred to the Civil Service Retirement and Disability Fund for the purpose of reducing any supplemental liability under section 8423(b)(1)(B); (IV) by directing that some or all of the amount be transferred to the Postal Service Workers’ Compensation Accrued Liability Fund for the purpose of reducing any Postal Service actuarial liability under section 2012 (V) as described in clause (i), if none of the liabilities referred to in subclause (I), (II), (III), or (IV) remain unpaid. . (2) Supplemental liability calculation (A) FERS Section 8423(b) (i) in paragraph (6), as so redesignated, in the matter preceding subparagraph (A), by striking For the purpose Subject to paragraph (7), for the purpose (ii) by adding at the end the following: (7) (A) For the purpose of carrying out paragraph (1)(B) with respect to the fiscal year ending September 30, 2013, and each fiscal year thereafter, the Office shall, consistent with subsection (a)(5)(B), use— (i) demographic factors specific to current and former employees of the United States Postal Service; and (ii) appropriate economic assumptions, as determined by the Office, regarding wage and salary trends specific to current employees of the United States Postal Service. (B) The United States Postal Service shall provide any data or projections the Office requires in order to carry out paragraph (1)(B) consistent with subparagraph (A) of this paragraph. (C) Not later than 180 days after the later of the date on which the Office receives the appropriate data or projections from the United States Postal Service under subparagraph (B) or the date of enactment of the Postal Reform Act of 2014 . (B) CSRS Section 8348(h) (i) in paragraph (2), by striking subparagraph (B) and inserting the following: (B) (i) (I) Not later than the date on which the Office determines the normal-cost percentage under section 101(a)(2) of the Postal Reform Act of 2014, the Office shall redetermine the Postal surplus or supplemental liability as of the close of the fiscal year ending on September 30, 2013, in accordance with the requirements under paragraph (4). (II) If the result of the redetermination under subclause (I) is a surplus, that amount shall remain in the Fund until distribution is authorized under subparagraph (C). (III) If the result of the redetermination under subclause (I) is a supplemental liability, the Office shall establish an amortization schedule, including a series of annual installments commencing on September 30, 2015, which provides for the liquidation of such liability by September 30, 2054. (ii) (I) The Office shall redetermine the Postal surplus or supplemental liability as of the close of each fiscal year beginning after September 30, 2013, in accordance with the requirements under paragraph (4). (II) If the result of the redetermination under subclause (I) is a surplus, that amount shall remain in the Fund until distribution is authorized under subparagraph (C). (III) On and after June 15, 2015, if the result of the redetermination under subclause (I) is a supplemental liability, the Office shall establish an amortization schedule, including a series of annual installments commencing on September 30 of the subsequent fiscal year, which provides for the liquidation of such liability by September 30, 2054. ; and (ii) by adding at the end the following: (4) (A) For the purpose of carrying out paragraphs (1) and (2), the Office shall, consistent with section 8423(a)(5)(B), use— (i) demographic factors specific to current and former employees of the United States Postal Service; and (ii) appropriate economic assumptions, as determined by the Office, regarding wage and salary trends specific to the employees. (B) The United States Postal Service shall provide any data or projections the Office requires in order to carry out paragraphs (1) and (2) consistent with subparagraph (A) of this paragraph. . 102. Postal Service authority to negotiate retirement benefit terms for new employees (a) Authority to negotiate retirement benefit terms (1) Collective bargaining over certain retirement benefits Section 1005 (g) (1) In this subsection— (A) the term collective bargaining agreement Postal Reform Act of 2014 (B) the term new employee Postal Reform Act of 2014 (C) the term not eligible to receive FERS service credit (2) (A) A collective bargaining agreement may provide, notwithstanding chapter 84 (B) If a new employee is not eligible to receive FERS credit pursuant to a collective bargaining agreement, any subsequent service by the new employee as an officer or employee of the Postal Service shall not be creditable service for purposes of chapter 84 (C) Subject to the requirements under this subsection, a collective bargaining agreement may include 1 or more additional retirement benefit plans for the benefit of some or all new employees covered under the collective bargaining agreement. (3) (A) A collective bargaining agreement may establish, with respect to some or all new employees covered under the collective bargaining agreement— (i) without regard to section 8422 (I) the amounts to be deducted and withheld from the pay of the new employees for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund; and (II) the corresponding adjustment under section 8423(a)(5)(B)(iii) (ii) for any retirement benefit plan established under the collective bargaining agreement, the amounts to be deducted and withheld from the pay of the new employees under the retirement benefit plan for the benefit of the new employees. (B) Except as provided in paragraph (2)(B), a collective bargaining agreement may establish the amounts described in subparagraph (A)(i) with respect to some or all new employees who were covered under a previous collective bargaining agreement. (4) (A) A collective bargaining agreement among the Postal Service and all bargaining representatives recognized under section 1203 may establish, without regard to section 8432 of title 5, with respect to some or all new employees covered under the collective bargaining agreement, whether the Postal Service shall make contributions to the Thrift Savings Fund for the benefit of the new employees, and, if the Postal Service shall make such contributions, the amounts that the Postal Service shall contribute. (B) A collective bargaining agreement described in subparagraph (A) may not establish more than 1 option regarding the contributions by the Postal Service to the Thrift Savings Fund that will apply to some or all new employees covered under the agreement. (C) If a collective bargaining agreement described in subparagraph (A) is not in effect, and if the Postal Service or a bargaining representative requests that the Postal Service and all bargaining representatives commence collective bargaining to seek such an agreement, the procedures under section 1207(d) shall apply. (D) Except as provided in subparagraph (A), nothing in this subsection or in a provision of a collective bargaining agreement entered under this subsection shall affect the coverage of an officer or employee of the Postal Service under subchapter III of chapter 84 . (2) Applicability of laws relating to Federal employees Section 1005 (A) in subsection (d)(1), by striking Officers Except as provided in subsection (g), officers (B) in subsection (f), in the second sentence— (i) by inserting 84, 87, (ii) by striking this subsection. this subsection or subsection (g). (3) Ineligibility for automatic enrollment in thrift savings plan Section 8432(b)(2)(D) (A) by striking clause (ii) clauses (ii) and (iii) (B) by adding at the end following: (iii) An individual for whom a collective bargaining agreement authorized under section 1005(g)(4) of title 39 establishes whether the Postal Service shall make contributions to the Thrift Savings Fund for the benefit of the individual and the amount of the contributions shall not be an eligible individual for purposes of this paragraph. . (b) Special rules relating to FERS coverage for covered postal employees (1) In general Subchapter II of chapter 84 8426. Postal Service retirement (1) The application of sections 8422 and 8423 of this title and subchapters III and VII of this chapter with respect to an officer or employee of the Postal Service may be modified as provided under section 1005(g) . (2) Technical and conforming amendments The table of sections for subchapter II of chapter 84 8426. Postal Service retirement. . 103. Restructuring of payments for retiree health benefits (a) Contributions Section 8906(g)(2)(A) of title 5, United States Code, is amended by striking through September 30, 2016, be paid by the United States Postal Service, and thereafter shall after the date of enactment of the Postal Reform Act of 2014 (b) Postal Service Retiree Health Benefits Fund Section 8909a (1) in subsection (d)— (A) by striking paragraph (2) and inserting the following: (2) (A) Not later than June 30, 2016, the Office shall compute, and by June 30 of each succeeding year, the Office shall recompute, a schedule including a series of annual installments which provide for the liquidation of the amount described under subparagraph (B) (regardless of whether the amount is a liability or surplus) by September 30, 2055, or within 15 years, whichever is later, including interest at the rate used in the computations under this subsection. (B) The amount described in this subparagraph is the amount, as of the date on which the applicable computation or recomputation under subparagraph (A) is made, that is equal to the difference between— (i) 80 percent of the Postal Service actuarial liability as of September 30 of the preceding fiscal year; and (ii) the value of the assets of the Postal Retiree Health Benefits Fund as of September 30 of the preceding fiscal year. ; (B) in paragraph (3)— (i) in subparagraph (A)— (I) in clause (iii), by adding and (II) in clause (iv), by striking the semicolon at the end and inserting a period; and (III) by striking clauses (v) through (x); and (ii) in subparagraph (B)— (I) in the matter preceding clause (i), by striking 2017 2016 (II) in clause (ii), by striking paragraph (2)(B). paragraph (2). (C) by amending paragraph (4) to read as follows: (4) Computations under this subsection shall be based on— (A) economic and actuarial methods and assumptions consistent with the methods and assumptions used in determining the Postal surplus or supplemental liability under section 8348(h); and (B) any other methods and assumptions, including a health care cost trend rate, that the Director of the Office determines to be appropriate. ; and (D) by adding at the end the following: (7) In this subsection, the term Postal Service actuarial liability (A) the net present value of future payments required under section 8906(g)(2)(A) for current and future United States Postal Service annuitants; and (B) the net present value as computed under paragraph (1) attributable to the future service of United States Postal Service employees. ; and (2) by adding at the end the following: (e) Subsections (a) through (d) of this section shall be subject to section 104 of the Postal Reform Act of 2014 . (c) Cancellation of certain unpaid obligations of the Postal Service Any obligation of the Postal Service under section 8909a(d)(3)(A) (d) Technical and conforming amendment The heading of section 8909a Benefit Benefits 104. Postal Service Health Benefits Program (a) Establishment (1) In general Chapter 89 section 8903b 8903c. Postal Service Health Benefits Program (a) Definitions In this section— (1) the term initial participating carrier (2) the term Medicare eligible individual (A) is entitled to Medicare part A, but excluding an individual who is eligible to enroll under such part under section 1818 of the Social Security Act ( 42 U.S.C. 1395i–2 (B) is eligible to enroll in Medicare part B; (3) the term Medicare part A 42 U.S.C. 1395c et seq. (4) the term Medicare part B 42 U.S.C. 1395j et seq. (5) the term Medicare part D 42 U.S.C. 1395w–101 et seq. (6) the term Office (7) the term Postal Service (8) the term Postal Service annuitant (9) the term Postal Service employee (10) the term Postal Service Health Benefits Program (11) the term Postal Service Medicare eligible annuitant (A) is a Postal Service annuitant; and (B) is a Medicare eligible individual; (12) the term PSHBP plan (13) the term qualified carrier (A) Postal Service employees; or (B) Postal Service annuitants. (b) Application of section The requirements under this section shall— (1) apply to the contract year beginning in January 2016, and each contract year thereafter; and (2) supersede other provisions of this chapter to the extent of any specific inconsistency, as determined by the Office. (c) Establishment of the Postal Service Health Benefits Program (1) In general The Office shall establish the Postal Service Health Benefits Program, which shall— (A) consist of health benefit plans offered under this chapter; (B) include plans offered by— (i) each qualified carrier; and (ii) any other carrier determined appropriate by the Office; (C) be available for participation by all Postal Service employees, in accordance with subsection (d); (D) be available for participation by all Postal Service annuitants, in accordance with subsection (d); (E) not be available for participation by an individual who is not a Postal Service employee or Postal Service annuitant (except as a family member of such an employee or annuitant); and (F) be implemented and administered by the Office. (2) Separate Postal Service risk pool The Office shall ensure that each PSHBP plan includes rates, one for enrollment as an individual, one for enrollment for self plus one, and one for enrollment for self and family within each option in the PSHBP plan, that reasonably and equitably reflect the cost of benefits provided to a risk pool consisting solely of Postal Service employees and Postal Service annuitants (and family members of such employees and annuitants), taking into specific account the reduction in benefits cost for the PSHBP plan due to the Medicare enrollment requirements under subsection (e) and any savings or subsidies resulting from subsection (f). (3) Actuarially equivalent coverage The Office shall ensure that each carrier participating in the Postal Service Health Benefits Program provides coverage under the PSHBP plans offered by the carrier that is actuarially equivalent, as determined by the Director of the Office, to the coverage that the carrier provides under the health benefits plans offered by the carrier under the Federal Employee Health Benefits Program that are not PSHBP plans. (d) Election of coverage (1) In general Except as provided in paragraphs (2) and (3), each Postal Service employee and Postal Service annuitant who elects to receive health benefits coverage under this chapter— (A) shall be subject to the requirements under this section; and (B) may only enroll in a PSHBP plan. (2) Annuitants A Postal Service annuitant shall not be subject to this section if the Postal Service annuitant— (A) is enrolled in a health benefits plan under this chapter for the contract year beginning in January 2015 that is not a health benefits plan offered by an initial participating carrier, unless the Postal Service annuitant voluntarily enrolls in a PSHBP plan; or (B) resides in a geographic area for which there is not a PSHBP plan in which the Postal Service annuitant may enroll. (3) Employees A Postal Service employee who is enrolled in a health benefits plan under this chapter for the contract year beginning in January 2015 that is not a health benefits plan offered by an initial participating carrier shall not be subject to the requirements under this section, except that— (A) if the Postal Service employee changes enrollment to a different health benefits plan under this chapter after the start of the contract year beginning in January 2016, the Postal Service employee may only enroll in a PSHBP plan; and (B) upon becoming a Postal Service annuitant, if the Postal Service employee elects to continue coverage under this chapter, the Postal Service employee shall enroll in a PSHBP plan during the open season that is— (i) being held when the Postal Service employee becomes a Postal Service annuitant; or (ii) if the date on which the Postal Service employee becomes a Postal Service annuitant falls outside of an open season, the first open season following that date. (e) Requirement of Medicare enrollment (1) Postal Service Medicare eligible annuitants A Postal Service Medicare eligible annuitant subject to this section may not continue coverage under the Postal Service Health Benefits Program unless the Postal Service Medicare eligible annuitant enrolls in Medicare part A, Medicare part B, and Medicare part D (as part of a prescription drug plan described in subsection (f)). (2) Medicare eligible family members If a family member of a Postal Service annuitant who is subject to this section is a Medicare eligible individual, the family member may not be covered under the Postal Service Health Benefits Program as a family member of the Postal Service annuitant unless the family member enrolls in Medicare part A, Medicare part B, and Medicare part D (as part of a prescription drug plan described in subsection (f)). (f) Medicare part D prescription drug benefits The Office shall require each PSHBP plan to provide prescription drug benefits for Postal Service annuitants and family members who are eligible for Medicare part D through a prescription drug plan offered under a waiver under section 1860D–22 of the Social Security Act ( 42 U.S.C. 1395w–132 (g) Postal Service contribution (1) In general Subject to subsection (i), for purposes of applying section 8906(b) to the Postal Service, the weighted average shall be calculated in accordance with paragraph (2). (2) Weighted average calculation Not later than October 1 of each year, the Office shall determine the weighted average of the rates established pursuant to subsection (c)(2) for PSHBP plans that will be in effect during the following contract year with respect to— (A) enrollments for self only; (B) enrollments for self plus one; and (C) enrollments for self and family. (h) Reserves (1) Separate reserves (A) In general The Office shall ensure that each PSHBP plan maintains separate reserves (including a separate contingency reserve) with respect to the enrollees in the PSHBP plan in accordance with section 8909. (B) References For purposes of the Postal Service Health Benefits Program, each reference to the Government (C) Amounts to be credited The reserves (including the separate contingency reserve) maintained by each PSHBP plan shall be credited with a proportionate amount of the funds in the existing reserves for health benefits plans offered by an initial participating carrier. (2) Discontinuation of PSHBP plan In applying section 8909(e) relating to a PSHBP plan that is discontinued, the Office shall credit the separate Postal Service contingency reserve maintained under paragraph (1) for that plan only to the separate Postal Service contingency reserves of the PSHBP plans continuing under this chapter. (i) No effect on existing law Nothing in this section shall be construed as affecting section 1005(f) . (2) Technical and conforming amendments (A) Section 8903(1) two levels of benefits 2 levels of benefits for enrollees under this chapter generally and 2 levels of benefits for enrollees under the Postal Service Health Benefits Program established under section 8903c (B) The table of sections for chapter 89 8903c. Postal Service Health Benefits Program. . (b) Special enrollment period for Postal Service Medicare eligible annuitants and Medicare eligible family members of Postal Service annuitants (1) Special enrollment period Section 1837 of the Social Security Act ( 42 U.S.C. 1395p (m) (1) (A) In the case of any individual who is subject to the enrollment requirement of section 8903c(e) of title 5, United States Code, who has elected not to enroll (or to be deemed enrolled) during the individual’s initial enrollment period, there shall be a special enrollment period described in subparagraph (B). (B) The special enrollment period described in this subparagraph is the 6-month period, beginning on August 1, 2015 and ending on January 31, 2016. (2) (A) In the case of any individual who— (i) was initially not subject to the enrollment requirement of section 8903c(e) (ii) is eligible to enroll in a plan under chapter 89 (iii) upon the involuntary loss of health care coverage, becomes subject to the enrollment requirement of section 8903c(e) (iv) has elected not to enroll (or to be deemed enrolled) during the individual’s initial enrollment period, there shall be a special enrollment period described in subparagraph (B). (B) The special enrollment period described in this subparagraph is the period of time equivalent to the period of time in which the individual has the ability to enroll in a PSHBP plan due to the involuntary loss of health care coverage, pursuant to chapter 89 (C) For purposes of this subsection, the term PSHBP plan section 8903c(a) (3) In the case of an individual who enrolls during the special enrollment period provided under paragraphs (1) and (2), the coverage period under this part shall begin on the first day of the month in which the individual enrolls. . (2) Waiver of increase of premium Section 1839(b) of the Social Security Act ( 42 U.S.C. 1395r(b) (i)(4) or (l) (i)(4), (l), or (m) 105. Labor disputes Section 1207(c) of title 39, United States Code, is amended— (1) in paragraph (2)— (A) by inserting (A) (2) (B) by striking the last sentence and inserting The arbitration board shall render a decision not later than 45 days after the date of its appointment. (C) by adding at the end the following: (B) In rendering a decision under this paragraph, the arbitration board shall consider such relevant factors as the financial condition of the Postal Service. ; and (2) by adding at the end the following: (4) Nothing in this section may be construed to limit the relevant factors that the arbitration board may take into consideration in rendering a decision under paragraph (2). . 106. Prefunding and financial reporting with respect to workers’ compensation liability (a) Financial provisions relating to workers’ compensation liability (1) In general Chapter 20 2012. Provisions relating to workers’ compensation prefunding (a) Definitions (1) In general In this section— (A) the term adjusted net income (B) the term Fund (C) the term Postal Service actuarial liability section 8147 (2) Calculation of adjusted net income In calculating adjusted net income for a fiscal year— (A) any payment made under subsection (e) shall not be taken into account; and (B) any change in the net present value of projected future payments required to be made by the Postal Service under section 8147 (b) Establishment There is established in the Treasury of the United States a revolving fund, to be called the Postal Service Workers’ Compensation Accrued Liability Fund. (c) Availability The Fund shall be available without fiscal year limitation for payments required under subsection (f). (d) Investment (1) In general The Secretary of the Treasury shall immediately invest, in interest-bearing securities of the United States, such currently available portions of the Fund as are not immediately required for payments from the Fund. (2) Manner of investments Investments under paragraph (1) shall be made in the same manner as investments for the Civil Service Retirement and Disability Fund under section 8348 (e) Payments to Fund (1) Cost attributable to 1 year of employees’ service Not later than June 30, 2017, and not later than June 30 of each year thereafter, the Postal Service shall compute— (A) with respect to each of the 3 preceding fiscal years, the net present value, as of September 30 of the fiscal year, of projected future payments required to be paid by the Postal Service under section 8147 (B) for each of the 3 amounts computed under subparagraph (A), the sum of— (i) the amount; and (ii) accrued interest on the amount through September 30 of the preceding fiscal year; and (C) the average of the 3 sums computed under subparagraph (B). (2) Liquidation schedule (A) Computation; recomputation Not later than June 30, 2017, the Postal Service shall compute, and not later than June 30 of each year thereafter the Postal Service shall recompute, a schedule including a series of annual installments that provide for the liquidation of the amount described in subparagraph (B) (regardless of whether the amount is a liability or surplus), including interest at the rate used in the computations under paragraph (1), by the later of— (i) September 30, 2057; or (ii) September 30 of the fiscal year that is 15 years after the fiscal year in which the computation or recomputation is made. (B) Amount to be liquidated The amount described in this subparagraph is the difference between— (i) the difference between— (I) 80 percent of the Postal Service actuarial liability as of September 30 of the preceding fiscal year; and (II) 80 percent of the amount computed under paragraph (1)(C) as of September 30 of the preceding fiscal year; and (ii) the value of the assets of the Fund as of September 30 of the preceding fiscal year. (3) Liquidation of liability (A) In general Subject to subparagraph (B), not later than September 30, 2018, and not later than September 30 of each year thereafter, the Postal Service shall pay into the Fund the lesser of— (i) the sum of— (I) 80 percent of the amount computed under paragraph (1)(C) during the fiscal year; and (II) any annual installment computed under paragraph (2)(A); and (ii) the amount by which— (I) the amount of adjusted net income earned by the Postal Service during the fiscal year that ended 1 year before the date by which a payment is required to be made under this subparagraph; exceeds (II) $1,000,000,000. (B) Exception If the amount of adjusted net income earned by the Postal Service during a fiscal year does not exceed $1,000,000,000, the Postal Service shall not be required to make a payment under this paragraph during the subsequent fiscal year. (f) Payments from Fund (1) In general Beginning with the fiscal year ending on September 30, 2018, for each payment that the Postal Service is required to make under section 8147 (A) a fraction of the amount of the payment shall be paid from the Fund in accordance with paragraph (2) of this subsection; and (B) the remaining amount of the payment shall be paid by the Postal Service. (2) Fraction The fraction to be paid from the Fund, as required under paragraph (1), is, with respect to the fiscal year during which the payment is required to be made, the quotient of— (A) the value of the assets of the Fund as of September 30 of the preceding fiscal year; and (B) the sum of— (i) the Postal Service actuarial liability as of the end of the fiscal year before the preceding fiscal year, plus interest accrued on that amount through the end of the preceding fiscal year; and (ii) the amount calculated under subsection (e)(1)(C) as of the end of the fiscal year before the preceding fiscal year, plus interest accrued on that amount through the end of the preceding fiscal year. (g) Assumptions and methodology The assumptions and methodology used in the computations under this section shall be consistent, insofar as reasonable and appropriate, with the assumptions and methodology used by the Postal Service in making computations of its assets and liabilities for the financial reporting required under section 3654. . (2) Technical and conforming amendment The table of sections for chapter 20 2012. Provisions relating to workers’ compensation prefunding. . (b) Additional annual financial reporting (1) In general Section 3654(b) (4) (A) Each report required by subsection (a)(1)(B) shall include, with respect to the workers’ compensation obligations of the Postal Service— (i) as of the last day of the fiscal year to which the report applies, the amount of the Postal Service actuarial liability; (ii) the value of the assets in the Fund, and the difference between that amount and the amount of the Postal Service actuarial liability; (iii) the amounts calculated under paragraphs (1) and (2) of section 2012(e); (iv) significant methods and assumptions underlying the relevant actuarial valuations; (v) any payments to the Fund and from the Fund for the fiscal year to which the report applies; and (vi) the assumed rate of return on balances of the Fund and the actual rate of return for the fiscal year to which the report applies. (B) In this paragraph, the terms Fund Postal Service actuarial liability . (2) Applicability The amendment made by paragraph (1) shall apply with respect to the report required under section 3654(a)(1)(B) of title 39, United States Code, for the fiscal year ending on September 30, 2014, and to such report for each fiscal year thereafter. 107. Right of appeal to Merit Systems Protection Board Section 1005(a)(4)(A)(ii)(I) (I) is an officer or employee of the Postal Service who— (aa) is not represented by a bargaining representative recognized under section 1203; and (bb) is in a supervisory, professional, technical, clerical, administrative, or managerial position covered by the Executive and Administrative Schedule; and . 108. Supervisory and other managerial organizations Section 1004 (1) in subsection (a), by inserting and fringe benefits differentials in rates of pay (2) in subsection (b), in the second sentence, by inserting as provided under subsection (d) and any changes in, or termination of, pay policies and schedules and fringe benefit programs for members of the supervisors' organization as provided under subsection (e). Such pay policies and fringe benefit programs shall reflect adequate differentials in rates of pay and fringe benefits as provided under subsection (a) (3) in subsection (e)(1), by inserting , or termination of, any changes in II Postal Service operations 201. Maintenance of delivery service standards (a) Moratorium on changes in delivery service standards The Postal Service shall maintain the service standards for first-class mail and periodicals under part 121 of title 39, Code of Federal Regulations, as in effect on October 1, 2013, until the later of— (1) the date that is 2 years after the date of enactment of this Act; or (2) the date that is 1 year after the date on which the Comptroller General of the United States submits the report required under subsection (b)(2). (b) GAO study and report (1) Study The Comptroller General of the United States shall conduct a study that assesses— (A) how the Postal Service measures delivery times for the purpose of determining whether service standards have been met; and (B) whether the method used by the Postal Service to measure delivery times reflects the total period of time beginning when a mailed item is transferred from a postal customer and ending when the mailed item arrives at its final destination. (2) Report Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a report on the findings of the study conducted under paragraph (1) that includes recommendations as to whether the Postal Service should use additional or improved methods to— (A) measure the actual delivery times experienced by postal customers; and (B) assess compliance with the service standards promulgated under section 3691 (3) Consultation In conducting the study under paragraph (1), the Comptroller General shall consult with the Commission to the extent appropriate. (c) Alternate Means of Transportation contracts (1) Maintenance of delivery service standards Notwithstanding subsection (a), during the 2-year period beginning on the date of enactment of this Act, the Postal Service shall apply the service standards for first-class mail and periodicals under part 121 of title 39, Code of Federal Regulations, as in effect on June 30, 2012, to routes on which, as of June 30, 2012, first-class mail and periodicals were transported under Alternate Means of Transportation contracts with the Postal Service. (2) Restriction on discontinuance of Alternate Means of Transportation contracts Section 404 (i) Alternative Means of Transportation contracts (1) Definition In this subsection, the term covered route (2) Requirements before changing to other means of transportation The Postal Service, prior to making a determination under subsection (a)(1) to transport first-class mail or periodicals on a covered route using a means other than under an Alternate Means of Transportation contract, shall consider— (A) the effect of the change on— (i) each community served by the covered route; (ii) businesses, including small businesses, in the area served by the covered route; and (iii) employees of the Postal Service involved in transportation on the covered route; (B) whether the change is consistent with the policy of the Government, as stated in section 101(b), that the Postal Service shall provide a maximum degree of effective and regular postal services to rural areas, communities, and small towns where post offices are not self-sustaining; (C) the extent to which each community served by the covered route lacks access to Internet service; (D) the extent to which postal customers served by the covered route would continue after the change to receive substantially similar access to essential items and time-sensitive communications; (E) whether substantial economic savings to the Postal Service would result from the change; (F) the average daily volume of mail transported on the covered route; (G) any change in the volume of mail transported on the covered route during the preceding 12 months; (H) the capacity of available transportation service providers to meet the volume needs of the Postal Service on the covered route; (I) the ability of the Postal Service to procure and access additional transportation capacity to meet the volume needs of the Postal Service on the covered route; (J) the impact of the change on postal facilities (as that term is defined in subsection (f)) that use the covered route; (K) the ability of postal facilities described in subparagraph (J) to continue to provide service that complies with applicable service standards after the change; and (L) any other factors that the Postal Service determines are necessary. (3) Determinations Any determination of the Postal Service to transport first-class mail or periodicals on a covered route using a means other than under an Alternate Means of Transportation contract shall— (A) be in writing; (B) include the findings of the Postal Service with respect to the considerations required to be made under paragraph (2); and (C) be made available by public notice to persons served by the covered route. (4) Advance notice of determinations The Postal Service shall take no action to transport first-class mail or periodicals on a covered route using a means other than under an Alternate Means of Transportation contract until 60 days after the date on which the Postal Service makes available to persons served by the covered route a written determination under paragraph (3). . (3) Report Not later than 2 years after the date of enactment of this Act, the Postal Service shall submit to Congress a report on potential cost savings resulting from any decision made during the 2-year period beginning on the date of enactment of this Act— (A) to transport first-class mail or periodicals on a covered route (as defined in section 404(i)(1) of title 39, United States Code, as added by this section) using a means other than under an Alternate Means of Transportation contract; or (B) to discontinue a post office. 202. Preserving mail processing capacity; review of discontinuances, closings, and consolidations (a) Moratorium on closing or consolidation of postal facilities The Postal Service may not close or consolidate any postal facility (as that term is defined in section 404(f) (1) the date that is 2 years after the date of enactment of this Act; or (2) the date that is 1 year after the date on which the Comptroller General of the United States submits the report on delivery service standards required under section 201(b)(2). (b) Procedures for closing or consolidation of postal facilities Section 404 (f) Closing or consolidation of certain postal facilities (1) Definition In this subsection, the term postal facility (2) Area mail processing studies (A) Applicability In this paragraph— (i) the term area mail processing study Area Mail Processing Guidelines (ii) the term closing (iii) the term consolidate (iv) the term covered postal facility (B) New area mail processing studies Before making a determination under subsection (a)(3) as to the necessity for the closing or consolidation of a covered postal facility, the Postal Service shall— (i) conduct an area mail processing study relating to the covered postal facility that includes consideration of a plan to reduce the capacity of the covered postal facility without closing the covered postal facility; and (ii) upon completing the study under clause (i)— (I) publish the results of the study on the website of the Postal Service; and (II) publish a notice that the study is complete and the results of the study are available to the public, including on the website of the Postal Service. (C) Completed or ongoing area mail processing studies (i) In general In the case of a covered postal facility described in clause (ii), the Postal Service shall— (I) consider a plan to reduce the capacity of the covered postal facility without closing the covered postal facility; and (II) publish the results of the consideration under subclause (I) with or as an amendment to the area mail processing study relating to the covered postal facility. (ii) Postal facilities A covered postal facility described in this clause is a covered postal facility— (I) for which, as of the date of enactment of this subsection, an area mail processing study— (aa) has been completed but does not include a plan to reduce the capacity of the covered postal facility without closing the covered postal facility; or (bb) is in progress; and (II) which, as of the date of enactment of this subsection, has not been closed or consolidated. (3) Notice, public comment, and public hearing If the Postal Service makes a determination under subsection (a)(3) to close or consolidate a postal facility, the Postal Service shall— (A) provide notice of the determination to— (i) Congress; and (ii) the Postal Regulatory Commission; (B) provide adequate public notice of the intention of the Postal Service to close or consolidate the postal facility; (C) ensure that interested persons have an opportunity to submit public comments during a 45-day period after the Postal Service provides the notice of intention under subparagraph (B); (D) before the 45-day period described in subparagraph (C), provide public notice of the opportunity under subparagraph (C) to submit public comments during that period by— (i) publication on the website of the Postal Service; (ii) posting at the affected postal facility; and (iii) publicizing the date and location of the public community meeting under subparagraph (E); and (E) during the 45-day period described in subparagraph (C), conduct a public meeting that provides an opportunity for comments to be submitted verbally or in writing. (4) Further considerations The Postal Service, in making a determination under subsection (a)(3) to close or consolidate a postal facility, shall consider— (A) the views presented by interested persons under paragraph (3); (B) the effect of the closing or consolidation on the affected community, including the impact the closing or consolidation may have on a State, region, or locality; (C) the effect of the closing or consolidation on the travel times and distances for affected customers to access services under the proposed closing or consolidation; (D) the effect of the closing or consolidation on delivery times for all classes of mail and packages; (E) any characteristics of certain geographical areas, such as remoteness, broadband internet availability with a lower rates of access than the average rate of access in other geographical areas of the United States, and weather-related obstacles, that may result in the closing or consolidation having a unique effect; (F) the effect of the closing or consolidation on small businesses in the area, including shipping and communications with customers and suppliers and the corresponding impact on revenues, operations, and growth; (G) the extent to which significant changes in delivery service resulting from the closure or consolidation of the postal facility would affect the ability of individuals and businesses in the region served by the postal facility to participate in the national economy; (H) the ability of the Postal Service to maintain a safe working environment at each postal facility that, as a result of the closing or consolidation, would process the mail that had been processed by the closed or consolidated postal facility, including by examining— (i) the capacity of each affected postal facility to process a greater volume of mail; (ii) the ability of the workforce at each affected postal facility to handle a larger workload; and (iii) whether the Postal Service would need to hire additional employees at affected postal facilities to process the increased volume of mail; (I) the extent to which the Postal Service can take action to mitigate significant negative impacts identified through the considerations under this paragraph; and (J) any other factor the Postal Service determines is necessary. (5) Notice of final determination; justification statement If the Postal Service determines to close or consolidate a postal facility, the Postal Service shall post on the website of the Postal Service— (A) notice of the final determination to close or consolidate the postal facility; and (B) a closing or consolidation justification statement that includes— (i) a response to the public comments received with respect to the considerations described under paragraph (4); (ii) a description of the considerations made by the Postal Service under paragraph (4); and (iii) the actions that the Postal Service will take to mitigate any significant negative effects identified under paragraph (4). (6) Closing or consolidation of postal facilities (A) In general Not earlier than 15 days after the date on which the Postal Service posts notice of a final determination and a justification statement under paragraph (5) with respect to a postal facility, the Postal Service may close or consolidate the postal facility. (B) Alternative intake of mail If the Postal Service closes or consolidates a postal facility under subparagraph (A), the Postal Service shall make reasonable efforts to ensure continued mail receipt from customers of the closed or consolidated postal facility at the same location or at another appropriate location in close geographic proximity to the closed or consolidated postal facility. (7) Protection of certain information Nothing in this subsection shall be construed to require the Postal Service to disclose any— (A) proprietary data; (B) information relating to the security of a postal facility; or (C) information that is exempt from disclosure under section 552 (8) Postal Regulatory Commission appeals (A) Right to appeal A determination of the Postal Service to close or consolidate any postal facility may be appealed by any person served by the postal facility to the Postal Regulatory Commission not later than 30 days after the date on which the determination is posted on the Postal Service website under paragraph (5). (B) Review based on record The Commission shall review a determination appealed under this paragraph on the basis of the record before the Postal Service in the making of the determination. (C) Deadline for Commission determination The Commission shall make a determination based upon a review conducted under subparagraph (B) not later than 90 days after the date on which the Commission receives the appeal of the determination under subparagraph (A). (D) Bases for setting aside Postal Service determinations In making a determination under subparagraph (C), the Commission shall set aside any determination, finding, or conclusion of the Postal Service that the Commission determines— (i) is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law; (ii) is without observance of the procedures required under this subsection or any other applicable law; or (iii) is unsupported by substantial evidence on the record. (E) Option to affirm or remand The Commission— (i) may affirm a determination of the Postal Service appealed under this paragraph or order that the entire matter be returned for further consideration; and (ii) may not modify the determination of the Postal Service. (F) Temporary suspension The Commission may suspend the effectiveness of a determination of the Postal Service appealed under this paragraph until the final disposition of the appeal. (G) Applicability of other laws The provisions of section 556, section 557, and chapter 7 (H) Date of receipt of appeal For purposes of subparagraph (A), any appeal received by the Commission shall— (i) if sent to the Commission through the mails, be considered to have been received on the date of the Postal Service postmark on the envelope or other cover in which the appeal is mailed; or (ii) if otherwise lawfully delivered to the Commission, be considered to have been received on the date determined based on any appropriate documentation or other indicia (as determined under regulations of the Commission). . 203. Preserving community post offices Section 404(d) (1) by striking (6) For purposes of paragraph (5) (8) Date of receipt of appeals For purposes of paragraph (7) ; (2) by striking (5) A determination (7) Appeals A determination ; (3) by striking (d)(1) The Postal Service (d) Discontinuance of post offices (1) Definitions In this subsection— (A) the term discontinuance section 241.3 (B) the term local government (i) a county, municipality, city, town, township, local public authority, special district, intrastate district, council of government, or regional or interstate government entity; (ii) an agency or instrumentality of an entity described in clause (i); or (iii) a rural community, an unincorporated town or village, or an instrumentality of a rural community or an unincorporated town or village; (C) the term post office (D) the term rural post office (i) in a rural area, as defined by the Census Bureau; and (ii) within the K or L cost ascertainment grouping, as classified by the Postal Service. (2) Preliminary considerations The Postal Service, prior to making a determination under subsection (a)(3) of this section as to the necessity for the discontinuance of any post office, and, with respect to a determination to discontinue a rural post office, prior to making the determinations required under paragraph (5), shall— (A) consider whether— (i) to discontinue the post office and combine it with another post office located within a reasonable distance; (ii) instead of discontinuing the post office— (I) to reduce the number of hours a day that the post office operates; or (II) to continue operating the post office for the same number of hours a day; (iii) to procure a contract providing full, or less than full, retail postal services in the community served by the post office; or (iv) to provide postal services to the community served by the post office— (I) through a letter carrier or by Alternate Means of Transportation delivery contract; (II) by colocating postal services at a commercial or government entity; or (III) by implementing an alternative proposal made by a local government under subparagraph (B)(iii); (B) provide— (i) relevant information on financial costs associated with the operations of the post office to postal customers and local governments served by the post office; (ii) postal customers served by the post office an opportunity to present their views, which may be by nonbinding survey conducted by mail; and (iii) local governments served by the post office an opportunity to present alternative proposals for providing postal services to the community; and (C) if the Postal Service determines to discontinue the post office, provide adequate public notice of its intention to discontinue the post office at least 60 days prior to the proposed date of the discontinuance to persons and local governments served by the post office. (3) Considerations The Postal Service, in making a determination whether or not to discontinue a post office— (A) shall consider— (i) the effect of the discontinuance on the community served by the post office; (ii) the effect of the discontinuance on businesses, including small businesses, in the area; (iii) the effect of the discontinuance on employees of the Postal Service employed at the post office; (iv) whether the discontinuance would have a significant adverse effect on regular postal services to rural areas, communities, and small towns where post offices are not self-sustaining; (v) the extent to which the community served by the post office lacks access to Internet, broadband, or cellular telephone service; (vi) the extent to which postal customers served by the post office would continue after the discontinuance to receive substantially similar access to essential items, such as prescription drugs and time-sensitive communications; (vii) the proximity and accessibility of other post offices; (viii) whether substantial economic savings to the Postal Service would result from the discontinuance; and (ix) any other factors that the Postal Service determines are necessary; and (B) may not consider compliance with any provision of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq. (4) Written determination and findings (A) In general Any determination of the Postal Service to discontinue a post office shall— (i) be in writing; (ii) include the findings of the Postal Service with respect to the considerations required to be made under paragraph (3); and (iii) with respect to a determination to discontinue a rural post office, include a summary of the determinations required under paragraph (5). (B) Availability of findings The Postal Service shall make available, to persons served by a post office that the Postal Service determines to discontinue, any determination and findings under subparagraph (A) with respect to that post office. (C) Notice before discontinuance The Postal Service may not take any action to discontinue a post office until 60 days after the date on which the Postal Service makes available, to persons served by the post office, the written determination and findings with respect to the post office as required under subparagraph (B). (5) Rural post offices (A) Moratorium on discontinuance of rural post offices The Postal Service may not discontinue a rural post office during the 1-year period beginning on the date of enactment of the Postal Reform Act of 2014 (B) Requirements for discontinuance of rural post offices The Postal Service may not make a determination under subsection (a)(3) to discontinue a rural post office unless the Postal Service— (i) (I) determines that postal customers served by the post office would continue after the discontinuance to receive substantially similar access to essential items, such as prescription medications and time-sensitive communications, that are sent through the mails; or (II) takes action to substantially ameliorate any projected reduction in access to essential items described in subclause (I); and (ii) determines that— (I) there is unlikely to be substantial economic loss to the community served by the post office as a result of the discontinuance; (II) the area served by the post office has adequate access to broadband Internet service, as identified on the National Broadband Map of the National Telecommunications and Information Administration; and (III) there is a road with year-round access connecting the community to another post office that is within 10 miles from the post office proposed to be discontinued. (C) Study and Report (i) Study The Inspector General shall conduct a study after the discontinuance of a rural post office under this section, which shall include— (I) the actual cost savings resulting from the discontinuance; and (II) a comparison between the findings described in subclause (I) and the cost savings that the Postal Service predicted would result from the discontinuance. (ii) Report Not later than 2 years after the date of the discontinuance of a rural post office under this section, the Inspector General shall submit a report on the findings of the study conducted under clause (i) with respect to the rural post office to— (I) the Postal Regulatory Commission; (II) the Board of Governors; (III) the Committee on Homeland Security and Governmental Affairs of the Senate; (IV) the Committee on Oversight and Government Reform of the House of Representatives; (V) the Member of the House of Representatives in whose district the rural post office was located; and (VI) the Senators in whose State the rural post office was located. (iii) Sunset This subparagraph is repealed effective 10 years after the date of enactment of the Postal Reform Act of 2014. (6) Reductions in hours of operation (A) Considerations The Postal Service, prior to making a determination under paragraph (2)(A)(ii)(I) to reduce the number of hours per day that a post office operates, shall consider— (i) the impact of the proposed reduction in hours on local businesses; (ii) the effect of the proposed reduction in hours on the community served by the post office; (iii) the ability of the Postal Service to hire qualified employees to operate the post office during the reduced hours; (iv) the proximity and accessibility of other post offices within 15 miles of the post office, and the hours those post offices are open; (v) the impact of the proposed reduction in hours on the elderly and other vulnerable populations; and (vi) the impact of alternative schedules on the community served by the post office, including consideration of which schedules would most effectively mitigate any negative impacts identified under clauses (i) through (v). (B) Findings If the Postal Service determines, after considering the factors under subparagraph (A), to reduce the number of hours per day that a post office operates, the Postal Service shall make available to persons served by the post office— (i) a summary of the findings of the Postal Service under subparagraph (A); (ii) the hours during which the post office will be open; and (iii) an explanation of the change in hours referred to in clause (ii). ; (4) in paragraph (7), as so designated— (A) by striking close or consolidate discontinue (B) by striking under paragraph (3) under paragraph (4) (C) by moving subparagraphs (A), (B), and (C) 2 ems to the right; and (D) by moving the flush text following subparagraph (C) 2 ems to the right; (5) in paragraph (8), as so designated, by moving subparagraphs (A) and (B) 2 ems to the right; and (6) by adding at the end the following: (9) Minimum retail standards The Postal Service shall establish minimum standards for retail postal services. . 204. Changes to mail delivery schedule (a) Limitation on change in schedule (1) In general The Postal Service may establish a general, nationwide delivery schedule of 5 days per week to street addresses under the authority of the Postal Service under title 39, United States Code— (A) if the Postal Service determines that such a delivery schedule would contribute to the achievement of long-term solvency; and (B) at any time after the total mail volume during any period of 4 consecutive quarters, beginning with the first full quarter after the date of enactment of this Act, is less than 140,000,000,000 pieces, as reported in the Form 10–Q quarterly reports filed by the Postal Service with the Commission under section 3654(a)(1)(A) (2) Continuation of authority If each condition under subsection (a)(1) is satisfied, the fact that total mail volume during any period of 4 consecutive quarters, after the first quarter of the period described in subsection (a)(1)(B), exceeds 140,000,000,000 pieces shall not affect the continued authority of the Postal Service to establish or maintain a nationwide delivery schedule of 5 days per week. (3) Limitation Notwithstanding any other provision of this subsection or subsection (d)(3), the Postal Service may not establish a nationwide delivery schedule of 5 days per week earlier than October 1, 2017. (b) Implementation If the Postal Service intends to establish a change in delivery schedule under subsection (a), the Postal Service shall— (1) identify customers and communities for whom the change may have a disproportionate, negative impact, including small business customers, the elderly, those who live in locations without access to broadband Internet service, and the customers identified as particularly affected (2) develop measures to ameliorate any disproportionately negative impact the change would have on customers and communities identified under paragraph (1); (3) implement measures to increase revenue and reduce costs, including the measures authorized under this Act and the amendments made by this Act; (4) evaluate whether any increase in revenue or reduction in costs, or anticipated increase in revenue or reduction in costs, resulting from the measures implemented under paragraph (3) are sufficient to allow the Postal Service, without implementing a change in delivery schedule under subsection (a), to achieve long-term solvency; and (5) not earlier than 2 years and not later than 6 months before the effective date for any proposed change, submit a report that includes the determination required under subsection (a)(1) and details any measures developed or implemented pursuant to paragraph (2) or (3) of this subsection to— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Oversight and Government Reform of the House of Representatives; (C) the Commission; and (D) the Comptroller General of the United States. (c) GAO report Not later than 3 months after the date on which the Comptroller General receives the report submitted by the Postal Service under subsection (b)(5), the Comptroller General shall submit to the Postal Service, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Government Reform of the House of Representatives a report evaluating the extent to which— (1) a change in delivery schedule would improve the financial condition of the Postal Service and assist in the efforts of the Postal Service to achieve long-term solvency, taking into consideration other ongoing and planned efforts to increase revenue and reduce costs, consistent with the requirements under this Act; and (2) the Postal Service has complied with each of the requirements under subsection (b). (d) Postal Service response to GAO report (1) In general The Postal Service shall review the report submitted by the Comptroller General under subsection (c) and submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a response to the report if the report includes a finding by the Comptroller General that— (A) the proposed change in delivery schedule would not substantially improve the financial condition of the Postal Service and assist in the efforts of the Postal Service to achieve long-term solvency; or (B) the Postal Service has not complied with each of the requirements under subsection (b). (2) Contents of response A response by the Postal Service under paragraph (1) shall include— (A) a statement regarding whether the Postal Service agrees with each finding of the Comptroller General described in subparagraph (A) or (B) of paragraph (1); (B) a statement regarding whether the Postal Service intends to reevaluate whether to establish a change in delivery schedule under subsection (a) based on the overall findings of the Comptroller General; and (C) if the Postal Service intends to establish the proposed change in delivery schedule, the justification of the Postal Service for doing so in light of the findings of the Comptroller General. (3) Prohibition on implementation of change in delivery schedule The Postal Service may not implement a change in delivery schedule under subsection (a) until 60 days after the date on which the Postal Service submits the response required under paragraph (2). (e) Rules of construction Nothing in this section shall be construed to— (1) require the decrease or increase in delivery frequency for any route for which the Postal Service provided delivery on fewer than 6 days per week as of the date of enactment of this Act; (2) require that the Postal Service deliver mail on Federal holidays; (3) authorize any change in— (A) the days and times that postal retail service or any mail acceptance is available at postal retail facilities or processing facilities; or (B) the locations at which postal retail service or mail acceptance occurs at postal retail facilities or processing facilities; (4) require any change in the frequency of delivery to a post office box; (5) prohibit the collection or delivery of a competitive mail product on a weekend, a recognized Federal holiday, or any other specific day of the week; (6) prohibit the Postal Service from exercising its authority to make changes to processing or retail networks; or (7) confer a cause of action, either express or implied. (f) Packages Notwithstanding any other provision of this section, for a period of not less than 5 years, beginning on the date of enactment of this Act, the Postal Service shall provide package service— (1) 6 days per week to each street address that was eligible to receive package service 6 days per week, and to each new street address that is located in an area that was eligible to receive package service 6 days per week, as of October 1, 2013; and (2) 7 days per week to each street address for which the Postal Service determines that such service provides an economic benefit to the Postal Service. (g) Mailbox access If the Postal Service establishes a general, nationwide delivery schedule of 5 days per week consistent with the provisions of this section, the Postal Service shall amend the Mailing Standards of the United States, Domestic Mail Manual to ensure that the provisions of section 508.3.2.10 of such manual, as in effect on October 1, 2013, shall apply on any day on which the Postal Service does not deliver the mail under the established delivery schedule. (h) Study of environmental impact of 5-day delivery Not later than 180 days after the date of enactment of this Act, the Chief Sustainability Officer of the Postal Service shall— (1) conduct a study that assesses the environmental impact of moving to a nationwide delivery schedule of 5 days per week, which shall include the impact on green house gas emissions, facility energy use, and transportation fuel use; and (2) publish the results of the study conducted under paragraph (1) on the website of the Postal Service. 205. Delivery point modernization (a) In general Subchapter VII of chapter 36 3692. Delivery point modernization (a) Definitions In this section, the following definitions shall apply: (1) Centralized delivery The term centralized delivery (2) Curbside delivery The term curbside delivery (3) Delivery point The term delivery point (4) District office The term district office (5) Door delivery The term door delivery (A) means a primary mode of mail delivery whereby mail is— (i) delivered to a mail receptacle at or near a postal customer’s door; or (ii) hand-delivered to a postal customer; and (B) does not include curbside or centralized delivery. (6) Primary mode of mail delivery The term primary mode of mail delivery (b) Policy Except as otherwise provided in this section, including paragraphs (4) and (5) of subsection (c), it shall be the policy of the Postal Service to use the primary mode of mail delivery that is most cost effective and is in the best long-term interest of the Postal Service. (c) Conversion to other delivery modes (1) New addresses Except as provided in paragraphs (4) and (5), the Postal Service shall provide centralized delivery to new addresses established after the date of enactment of the Postal Reform Act of 2014 (2) Business address conversion The Postal Service shall carry out a program to convert business addresses with door delivery on the date of enactment of the Postal Reform Act of 2014 (3) Residential address conversion (A) Identification Not later than 9 months after the date of enactment of the Postal Reform Act of 2014 (B) Voluntary conversion Not later than 1 year after the date of enactment of the Postal Reform Act of 2014 (C) Procedures In pursuing conversion under subparagraph (B), the Postal Service shall establish procedures to— (i) solicit and consider input from postal customers, State and local governments, local associations, and property owners; and (ii) place centralized delivery points in locations that maximize delivery efficiency, ease of use for postal customers, and respect for private property rights. (4) Exceptions In establishing a primary mode of mail delivery for new addresses under paragraph (1) or converting the primary mode of mail delivery for an address under paragraph (2) or (3), the Postal Service may provide door delivery if— (A) a physical barrier precludes the efficient provision of centralized delivery or curbside delivery; (B) the address is located in a registered historic district, as that term is defined in section 47(c)(3)(B) of the Internal Revenue Code of 1986; or (C) the Postal Service determines that the provision of centralized delivery or curbside delivery would be impractical, would not be cost effective, or would not be in the best long-term interest of the Postal Service. (5) Waiver for physical hardship (A) In general The Postal Service shall establish and maintain a waiver program under which, upon the application of a postal customer, door delivery may be continued or provided to a delivery point if— (i) centralized delivery or curbside delivery would, but for this paragraph, be the primary mode of mail delivery for the delivery point; and (ii) a physical hardship prevents the postal customer from receiving his or her mail through any other form of mail delivery. (B) Publicity; simplicity In establishing and maintaining the waiver program under subparagraph (A), the Postal Service shall— (i) publicize the waiver program; and (ii) provide a simple application process for participation in the waiver program. (C) Postal Service discretion Nothing in this paragraph shall be construed to— (i) prohibit the Postal Service from requiring evidence of a physical hardship in an appropriate case; or (ii) require the Postal Service to require evidence of a physical hardship in any case. (D) No fees for application or door delivery In establishing and maintaining the waiver program under subparagraph (A), the Postal Service may not charge a postal customer any fee to— (i) apply for a waiver; or (ii) upon the granting of a waiver by the Postal Service, receive mail through door delivery. . (b) Clerical amendment The table of sections for subchapter VII of chapter 36 of title 39, United States Code, is amended by adding at the end the following: 3692. Delivery point modernization. . 206. Postal services for market-dominant products (a) In general Strike section 3661 of title 39, United States Code, and insert the following: 3661. Postal services for market-dominant products (a) General obligation The Postal Service shall develop and promote adequate and efficient postal services with respect to its market-dominant products. (b) Proposed changes for market-dominant products (1) Submission of proposal If the Postal Service determines that there should be a change in the nature of postal services relating to market-dominant products that will generally affect service on a nationwide or substantially nationwide basis, the Postal Service shall submit a proposal to the Postal Regulatory Commission requesting an advisory opinion on the change. (2) Advisory opinion Upon receipt of a proposal under paragraph (1), the Postal Regulatory Commission shall— (A) provide notice and an opportunity for public comment and a public hearing on the proposal; and (B) issue an advisory opinion not later than— (i) 90 days after the date on which the Postal Regulatory Commission receives the proposal; or (ii) a date that the Postal Regulatory Commission and the Postal Service may determine jointly. (3) Response to opinion The Postal Service shall submit to the President and to Congress a response to an advisory opinion issued under paragraph (2) that includes— (A) a statement of whether the Postal Service plans to modify the proposal to address any concerns or implement any recommendations made by the Commission; and (B) for any matter that the Postal Service determines not to address and any recommendation that the Postal Service determines not to implement, the reasons for the determination. (4) Action on proposal The Postal Service may take action regarding a proposal submitted under paragraph (1)— (A) on or after the date on which the Postal Service submits the response required under paragraph (3); (B) on or after a date that the Postal Regulatory Commission and the Postal Service may determine jointly; or (C) after the date described in paragraph (2)(B), if— (i) the Postal Regulatory Commission fails to issue an advisory opinion on or before the date described in paragraph (2)(B); and (ii) the action is not otherwise prohibited under Federal law. (5) Modification of timeline At any time, the Postal Service and the Postal Regulatory Commission may jointly redetermine a date determined under paragraph (2)(B)(ii) or (4)(B). (c) Limitation (1) No changes for competitive products Nothing in this section shall be construed as authorizing the making of changes under this section to the nature of service provided for competitive products. (2) Hybrid changes For a change that affects the nature of service provided for both market-dominant products and competitive products, only the effect on market-dominant products shall be subject to this section. . (b) Technical and conforming amendment The table of sections for chapter 36 of title 39, United States Code, is amended by striking the item relating to section 3661 and inserting the following: 3661. Postal services for market-dominant products. . 207. Report on pilot program for use of natural gas and propane for postal trucks Not later than 180 days after the date of enactment of this Act, the Postmaster General shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate a report on the feasibility of a pilot program to implement the use of natural gas and propane as fuels for heavy-duty over-the-road trucks, in addition to natural gas-fueled vehicles already in the postal fleet, as a fuel cost-saving measure. 208. Capitol Complex post offices (a) House of Representatives (1) In general The Postal Service shall not maintain or operate more than 1 post office in the United States Capitol Complex, as defined in section 310(a)(3)(B) of the Legislative Branch Appropriations Act, 1990 ( 2 U.S.C. 2172(a)(3)(B) (2) Closing of capitol post offices The Postal Service shall close any post office in the United States Capitol Complex, as defined in section 310(a)(3)(B) of the Legislative Branch Appropriations Act, 1990 ( 2 U.S.C. 2172(a)(3)(B) section 404(d) (b) Senate (1) In general The Sergeant at Arms and Doorkeeper of the Senate may not enter into, modify, or renew a contract with the Postal Service to maintain or operate more than 1 post office in a Senate Office Building. (2) Existing contracts Nothing in paragraph (1) may be construed to affect a contract entered into by the Sergeant at Arms and Doorkeeper of the Senate and the Postal Service before the date of enactment of this Act. 209. Lawful possession of firearms in post office parking lots (a) Definitions In this section— (1) the term nonpublic area (A) accessible exclusively to authorized personnel for the performance of official postal functions, as determined by the Postmaster General; and (B) not accessible to the general public; (2) the term parking lot (A) means any lot or structure— (i) the principal purpose of which is the parking of vehicles to allow the general public to access the post office; and (ii) that is owned or leased by the Postal Service; (B) does not include street parking; and (C) does not include parking lots for other Federal facilities or Federal court facilities (as those terms are defined in section 930(g)(3) (3) the term post office section 404(d) (4) the term postal facility (b) Lawful purpose The Postal Service shall consider the lawful carrying or storing of a firearm in a parking lot of a post office, in a manner not inconsistent with State or local laws and not in violation of any lease for use of the parking lot or of the postal facility that the parking lot serves, to be a lawful purpose for purposes of section 930(d)(3) (c) Code of Federal Regulations The Postal Service shall amend section 232.1 (1) an individual who is otherwise permitted to carry or store a firearm in a manner not inconsistent with State or local laws may carry or store a firearm in a parking lot of a post office; and (2) carrying or storing a firearm in a parking lot of a post office, in accordance with paragraph (1), shall be considered a lawful purpose under section 930(d)(3) (d) Signage The Postal Service shall post signage in each parking lot of a post office to communicate to the general public the changes in law required under this section. (e) Rules of construction (1) In general Nothing in this section shall be construed to limit the authority of the Postmaster General to establish— (A) workplace rules for employees of the Postal Service; or (B) regulations relating to nonpublic areas of postal facilities. (2) Lawful purposes Nothing in this Act or an amendment made by this Act shall be construed to impose the meaning of the term lawful purpose III Postal Service revenue 301. Postal rates (a) Modern rate system (1) In general Chapter 36 3622. Modern rate system (a) Authority generally (1) Board of Governors The Board may, acting in accordance with this section, establish, and from time to time thereafter revise, a system of rates and classes for market-dominant products (referred to in this section as the system (2) No delegation The authority under this section may not be delegated to the Postmaster General or to any other individual or entity. (b) Objectives The system shall be designed to achieve the following objectives, each of which shall be applied in conjunction with the others: (1) To maximize incentives for the Postal Service to reduce costs and increase efficiency. (2) To create predictability and stability in rates. (3) To maintain high quality service standards established under section 3691. (4) To assure adequate revenues and maintain the financial stability of the Postal Service. (5) To establish and maintain a just and reasonable schedule for rates and classifications, however the objective under this paragraph shall not be construed to prohibit the Postal Service from making changes of unequal magnitude within, between, or among classes of mail. (6) To allocate the total institutional costs of the Postal Service appropriately between market-dominant and competitive products, in accordance with regulations promulgated by the Postal Regulatory Commission (referred to in this section as the Commission (c) Factors In establishing or revising the system, the Board and the Commission shall take into account— (1) the value of the mail service provided through each class or type of mail service to both the sender and the recipient, including the educational, cultural, scientific, and informational value; (2) the direct and indirect postal costs attributable to each class or type of mail service; (3) the effect of rate increases upon Postal Service customers; (4) the available alternative means of sending and receiving letters and other mail matter; (5) the simplicity of structure for the entire schedule and simple, identifiable relationships between the rates or fees charged the various classes of mail for postal services; and (6) the policies of this title as well as such other factors as the Board or the Commission determines appropriate. (d) Adjustments consistent with system (1) Notice The Board shall provide notice of any adjustment in rates or classes proposed to be made under this section that is consistent with the system then in effect— (A) not later than— (i) 90 days before the implementation of any rate or class adjustment that affects all or substantially all market-dominant products; and (ii) 45 days before the implementation of any other rate or class adjustment; and (B) to— (i) the public, including by— (I) publication in the Federal Register; and (II) posting on the website of the Postal Service; and (ii) the Commission. (2) Public comment The Board shall solicit and receive public comments on any proposed rate or class adjustment, and shall take such comments into account in making its final determination as to a rate or class adjustment. (3) Final decision Not later than 10 days before the implementation of a rate or class adjustment, the Board shall issue a final decision on the adjustment which shall— (A) be published in the Federal Register and posted on the website of the Postal Service; and (B) include an explanation responding to all relevant comments received. (4) Commission review (A) In general Any adjustment made by the Board under this section shall be subject to review by the Commission under section 3662. (B) Application of section 3662 In a review described in subparagraph (A), section 3662 shall be applied by substituting Board of Governors Postal Service (e) Rate base The rates for market-dominant products in effect on the date of enactment of the Postal Reform Act of 2014 (f) Limitations on rate adjustments (1) Applicability of limitations The limitations under this subsection shall remain in effect unless revised or eliminated under subsection (g). (2) Annual limitation There shall be an annual limitation on the percentage changes in rates for market-dominant products as a whole under this section that shall be equal to the percentage change in the Consumer Price Index for All Urban Consumers unadjusted for seasonal variation over the most recent available 12-month period preceding the date the Board provides notice of its intention to increase rates. (3) Conditions (A) Classes of mail The Board shall ensure that the annual percentage change in rates under this section for a class of mail, as defined in the Domestic Mail Classification Schedule (as in effect on the date of enactment of the Postal Accountability and Enhancement Act), does not exceed the annual limitation under paragraph (2) by more than 2 percentage points. (B) Use of unused rate adjustment authority (i) Definition In this subparagraph, the term unused rate adjustment authority (I) the maximum amount of a rate adjustment that the Board is authorized to make in any year subject to the annual limitation under paragraph (2); and (II) the amount of the rate adjustment the Board actually makes in that year. (ii) Authority Subject to clause (iii), the Board may use any unused rate adjustment authority for any of the 5 years following the year the authority occurred. (iii) Limitations In exercising the authority under clause (ii) in any year, the Governors— (I) may use unused rate adjustment authority from more than 1 year; (II) may use any part of the unused rate adjustment authority from any year; and (III) may not exceed the annual limitation under paragraph (2) by more than 2 percentage points. (4) Exception to annual limitation Notwithstanding the annual limitation under paragraph (2), and provided there is not sufficient unused rate adjustment authority under paragraph (3)(B), rates may be adjusted on an expedited basis due to either extraordinary or exceptional circumstances, provided that the Commission determines, after notice and opportunity for public comment, and within 90 days after any request by the Board, that such adjustment is reasonable and equitable and necessary to enable the Postal Service, under best practices of honest, efficient, and economical management, to maintain and continue the development of postal services of the kind and quality adapted to the needs of the United States. (g) Adoption of revisions to system or new system (1) Board proposal Not earlier than January 1, 2017, and as appropriate thereafter, the Board may, after notice and opportunity for public comment, submit to the Commission a proposal for revisions to the system or a new system, consistent with the objectives under subsection (b), taking into account the factors under subsection (c), and which may include revision or elimination of the limitations established under subsection (f). (2) Final Commission action The Commission— (A) shall consider a proposal submitted by the Board under paragraph (1); and (B) may— (i) adopt the proposal, without modification; or (ii) reject the proposal. (h) Workshare discounts (1) Definition In this subsection, the term workshare discount (2) Scope The Board shall ensure that such discounts do not exceed the cost that the Postal Service avoids as a result of workshare activity, unless— (A) the discount is— (i) associated with a new postal service, a change to an existing postal service, or with a new work share initiative related to an existing postal service; and (ii) necessary to induce mailer behavior that furthers the economically efficient operation of the Postal Service and the portion of the discount in excess of the cost that the Postal Service avoids as a result of the workshare activity will be phased out over a limited period of time; (B) the amount of the discount above costs avoided— (i) is necessary to mitigate rate shock; and (ii) will be phased out over time; (C) the discount is provided in connection with a category of mail consisting exclusively of mail matter of educational, cultural, scientific, or informational value; or (D) reduction or elimination of the discount would— (i) impede the efficient operation of the Postal Service; (ii) lead to a loss of volume in the affected category of mail and reduce the aggregate contribution to the institutional costs of the Postal Service from the category subject to the discount below what it otherwise would have been if the discount had not been reduced or eliminated; or (iii) result in a further increase in the rates paid by mailers not able to take advantage of the discount. (3) Notice Whenever a workshare discount is established, the Board shall ensure that the notice provided under subsection (d)(1) includes— (A) the reasons for establishing the discount; (B) the data, economic analyses, and other information relied on by the Board to justify the rate; and (C) a certification that the discount will not adversely affect rates or services provided to users of postal services who do not take advantage of the discount rate. (i) Negotiated service agreements The Board shall ensure that any agreement between the Postal Service and a mailer that adjusts rates or classes in a manner that is specific to the mailer— (1) is available on public and reasonable terms to similarly situated mailers; (2) either— (A) improves the net financial position of the Postal Service through reducing Postal Service costs or increasing the overall contribution to the institutional costs of the Postal Service taking into account changes in volume and revenues from mailers ineligible for the agreement; or (B) enhances the performance of mail preparation, processing, transportation, or other functions; and (3) does not cause— (A) unfair competitive advantage for the Postal Service or mailers eligible for the agreement; or (B) unreasonable disruption to the volume or revenues of other mailers ineligible for the agreement. (j) Consideration of prior Commission decisions In making any determination under this section, including the construction and interpretation of the terms used in this section, the Board shall give consideration to decisions of the Commission made prior to the date of enactment of the Postal Reform Act of 2014 . (2) Technical and conforming amendment The table of sections for chapter 36 3622. Modern rate system. . (b) Repeal of rate preferences for qualified political committees Section 3626 (1) by striking subsection (e); (2) by redesignating subsections (f), (g), and (h) as subsections (e), (f), and (g), respectively; (3) by redesignating subsections (j) through (n) as subsections (h) through (l), respectively; and (4) in subsection (h), as redesignated by paragraph (3)— (A) in paragraph (1)(D), by striking subsection (m)(2) subsection (k)(2) (B) in paragraph (3)(B), by striking subsection (m) subsection (k) (c) Standard Post (1) Definition In this subsection, the term covered package (A) originates and destinates within the same State; and (B) destinates in a community that is not served by regular overland transportation from the community in which the shipment originates. (2) Temporary standard post pricing Notwithstanding section 3642 (3) Commission study and proceeding (A) Study The Commission shall conduct a study to determine— (i) the extent to which the Postal Service exercises monopoly power and the extent to which delivery services are reasonably available from a private carrier with respect to the delivery of covered packages; and (ii) the extent to which there are communities for which the Postal Service exercises monopoly power for the delivery of items shipped by Standard Post or for which delivery services are not reasonably available for such items. (B) Proceeding The Commission shall initiate a proceeding under section 3642 (C) Rates If the Commission determines in the proceeding under subparagraph (B) that covered packages constitute a market dominant product, the rates for covered packages shall be as provided in paragraph (2) until adjusted in accordance with the procedures under section 3622 (D) Information The Postal Service shall provide the Commission with such information as may, in the judgment of the Commission, be necessary in order for the Commission to conduct its study and proceeding under this paragraph. 302. Nonpostal services (a) Authorization of new nonpostal services (1) In general Section 404 (A) in subsection (a)— (i) by redesignating paragraphs (6) through (8) as paragraphs (7) through (9), respectively; and (ii) by inserting after paragraph (5) the following: (6) on and after the date of enactment of the Postal Reform Act of 2014 (A) to provide other services that are not postal services, if the provision of such services— (i) uses the processing, transportation, delivery, retail network, or technology of the Postal Service; (ii) is consistent with the public interest and demonstrated likely public demand for— (I) the Postal Service, rather than another entity, to provide the services; or (II) the Postal Service, in addition to or in partnership with another entity, to provide the services; (iii) would not create unfair competition with the private sector, taking into consideration the extent to which the Postal Service will not, either by legal obligation or voluntarily, comply with any State or local laws or requirements generally applicable to the provision of such services; (iv) does not unreasonably interfere with or detract from the value of postal services, including— (I) the cost and efficiency of postal services; and (II) access to postal retail service; (v) will be undertaken in accordance with all Federal laws and regulations applicable to the provision of such services; and (vi) is reasonably expected to improve the net financial position of the Postal Service, based on a market analysis conducted by or on behalf of the Postal Service; and (B) to classify a service provided under subparagraph (A) as an experimental product subject to section 3641; ; (B) in subsection (e)(1), by inserting and that was offered by the Postal Service on the date of enactment of the Postal Reform Act of 2014 102(5) (C) by adding at the end the following: (g) Treatment of new nonpostal services For purposes of chapters 20 and 36 of this title, nonpostal services provided under subsection (a)(6) shall be treated as competitive products. (h) Federal regulation of new nonpostal services The Postal Service shall ensure that any nonpostal service provided under subsection (a)(6) that is otherwise subject to the jurisdiction and regulation of a Federal regulatory agency remains subject to the jurisdiction and regulation of the Federal regulatory agency notwithstanding the fact that the nonpostal service is provided by the Postal Service. . (2) Complaints Section 3662(a) of title 39, United States Code, is amended by inserting 404(a)(6), 403(c), (3) Market analysis During the 5-year period beginning on the date of enactment of this Act, not later than 7 days after the date on which any market analysis conducted under section 404(a)(6)(A)(vi) (A) the Commission; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; and (C) the Committee on Oversight and Government Reform of the House of Representatives. (b) Governmental services Section 411 (1) in the second sentence, by striking this section this subsection (2) by striking Executive agencies (a) Federal Government (3) by adding at the end the following: (b) State, local, and tribal governments (1) Authority of Postal Service The Postal Service is authorized to furnish property and services to States, local governments, and tribal governments, under such terms and conditions, including the possibility for reimbursement, as the Postal Service and the applicable State, local government, or tribal government shall determine appropriate. (2) Definitions For purposes of this subsection— (A) the term local government (i) a county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments, or regional or interstate government entity; (ii) an agency or instrumentality of an entity described in clause (i); or (iii) a rural community, an unincorporated town or village, or an instrumentality of a rural community or an unincorporated town or village; (B) the term State (C) the term tribal government (c) Report The Postal Service shall submit to the Postal Regulatory Commission, together with the report required under section 3652, a report that details the costs and revenues of the property and services furnished by the Postal Service under this section during the period covered by the report required under section 3652. (d) Reimbursement determination In determining the possibility for reimbursement under subsections (a) and (b), the Postal Service shall ensure that each property or service furnished under such subsections covers its costs attributable, as that term is defined in section 3631(b). . (c) Conforming amendments (1) Section 404(e) Section 404(e) of title 39, United States Code, is amended— (A) by striking (e)(1) In this (e) Previously offered nonpostal services (1) Definition In this ; (B) in paragraph (2), by striking (2) Nothing (2) Eligible nonpostal services Nothing ; (C) in paragraph (3)— (i) by striking (3) Not (3) Review of nonpostal services Not ; and (ii) by moving subparagraphs (A) and (B) 2 ems to the right; (D) in paragraph (4), by striking (4) Any (4) Termination Any ; and (E) by striking paragraph (5) and inserting the following: (5) Designation Each nonpostal service authorized under this subsection shall be designated as market-dominant or competitive based on the designation of the nonpostal service in the Mail Classification Schedule as in effect on the date of enactment of the Postal Reform Act of 2014 (6) Rule of construction Nothing in this subsection shall be construed to prevent the Postal Service from providing nonpostal services under subsection (a)(6). . (2) Section 3641 of title 39 Section 3641 (A) in subsection (b)(1), by inserting (or the appropriate consumers in the case of nonpostal services) users (B) in the first sentence of subsection (b)(3), by striking section 3642(b)(1) sections 404(g) and 3642(b)(1) (C) in the second sentence of subsection (b)(3), by striking section 3633(3) section 3633(a)(3) (D) in subsection (e)(1), by striking $10,000,000 $50,000,000 (E) in subsection (e)(2), by striking $50,000,000 $100,000,000 (3) Technical and conforming amendments Section 2003(b)(1) postal and nonpostal services postal services, nonpostal services authorized under section 404(e), and property and services authorized under section 411, 303. Shipping of wine, beer, and distilled spirits (a) Mailability (1) Nonmailable articles Section 1716(f) mails mails, except to the extent that the mailing is allowable under section 3001(p) of title 39 (2) Application of laws Section 1161 , and, with respect to the mailing of distilled spirits, wine, or malt beverages (as those terms are defined in section 117 of the Federal Alcohol Administration Act ( 27 U.S.C. 211 Register (b) Regulations Section 3001 of title 39, United States Code, is amended by adding at the end the following: (p) (1) In this subsection, the terms distilled spirits wine malt beverage 27 U.S.C. 211 (2) Distilled spirits, wine, or malt beverages shall be considered mailable if mailed— (A) in accordance with the laws and regulations of— (i) the State, territory, or district of the United States where the sender or duly authorized agent initiates the mailing; and (ii) the State, territory, or district of the United States where the addressee or duly authorized agent takes delivery; and (B) to an addressee who is at least 21 years of age— (i) who provides a signature and presents a valid, government-issued photo identification upon delivery; or (ii) the duly authorized agent of whom— (I) is at least 21 years of age; and (II) provides a signature and presents a valid, government-issued photo identification upon delivery. (3) The Postal Service shall prescribe such regulations as may be necessary to carry out this subsection. . (c) Effective date The amendments made by this section shall take effect on the earlier of— (1) the date on which the Postal Service issues regulations under section 3001(p) (2) the date that is 120 days after the date of enactment of this Act. (d) No preemption of State, local, or tribal laws prohibiting deliveries, shipments, or sales Nothing in this section, the amendments made by this section, or any regulation promulgated under this section or the amendments made by this section, shall be construed to preempt, supersede, or otherwise limit or restrict any State, local, or tribal law that prohibits or regulates the delivery, shipment, or sale of distilled spirits, wine, or malt beverages (as those terms are defined in section 117 of the Federal Alcohol Administration Act ( 27 U.S.C. 211 IV Postal Service governance 401. Board of Governors of the Postal Service (a) Board of Governors Title 39, United States Code, is amended by striking section 202 and inserting the following: 202. Board of Governors (a) In general The exercise of the power of the Postal Service shall be directed by a Board of Governors composed of 9 members appointed in accordance with this section, each of whom shall be a voting member of the Board. (b) Membership (1) Composition The Board shall be composed of— (A) the Postmaster General; and (B) 8 members, to be known as Governors, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Affiliation Not more than 4 of the Governors may be members of any 1 political party. (3) Chairperson The Governors shall elect a Chairperson from among the members of the Board. (c) Qualifications (1) In general The Governors shall represent the public interest generally, and shall be chosen solely on the basis of experience in public service, law, or accounting, or on a demonstrated ability to manage organizations or corporations (in either the public or private sector) of substantial size. (2) No specific interest A Governor may not be a representative of a specific interest using the Postal Service. (3) Initial appointments At least 1 of the Governors who is appointed to fill a position that is vacant on the date of enactment of the Postal Reform Act of 2014 (d) Removal A Governor may be removed only for cause. (e) Compensation (1) Salary Each Governor shall receive a salary of $30,000 each year, plus $300 for each day, for not more than 42 days, on which the Governor attends a meeting of the Board. Nothing in this paragraph shall be construed to limit the number of days of meetings each year to 42 days. (2) Reimbursement for meetings Each Governor shall be reimbursed for travel and reasonable expenses incurred in attending meetings of the Board. (f) Terms (1) In general Each Governor shall serve for a term of 7 years. (2) Vacancies A Governor appointed to fill a vacancy occurring before the expiration of the term to which the predecessor of that Governor was appointed shall serve for the remainder of that term. (3) Continuation of service A Governor may continue to serve after the expiration of the term of that Governor until a successor has been appointed, except that a Governor may not continue to serve for more than 1 year after the date on which the term of that Governor would have otherwise expired. (4) Limit A Governor may serve for not more than 2 terms. (g) Postmaster general (1) Appointment and removal The Governors shall appoint and shall have the power to remove the Postmaster General. (2) Pay and term of service The pay and term of service of the Postmaster General shall be determined by the Governors. (h) Deputy postmaster general (1) Appointment and removal The Governors and the Postmaster General shall appoint and shall have the power to remove the Deputy Postmaster General. (2) Pay The pay of the Deputy Postmaster General shall be determined by the Governors. (3) Term of service The term of service of the Deputy Postmaster General shall be determined by the Governors and the Postmaster General. (i) Executive committee (1) Authority to establish The Board, by a vote of a majority of its members, may establish an Executive Committee of the Board, consistent with paragraph (2). (2) Board membership and responsibilities If established by the Board, the Executive Committee shall— (A) be composed of the Chairperson of the Board and 2 additional Governors designated by the Board, except that not more than 2 members of the Executive Committee may be members of any 1 political party; (B) develop and oversee implementation of strategies and measures to ensure the long-term financial solvency of the Postal Service; (C) develop and oversee the implementation of the financial plan and budget required under section 403 of the Postal Reform Act of 2014 (D) make recommendations to the Board regarding aspects of postal operations; and (E) assume such other responsibilities as the Board determines appropriate. (3) Quorum 2 members of the Executive Committee shall constitute a quorum for the transaction of business by the Executive Committee. (4) Termination The Executive Committee may be terminated by a vote of the majority of the members of the Board. . (b) Procedures of the board Section 205(c) 6 members 5 members (c) Incumbents; implementation (1) Incumbents An individual serving as a Governor on the Board of Governors of the Postal Service (referred to in this subsection as a Governor (2) Implementation of membership reduction (A) In general One of the 2 positions as a Governor for which the term is scheduled to expire on December 8, 2014, shall not be filled after the position becomes vacant. (B) Preference for abolishing vacant position If 1 of the 2 positions referred to in subparagraph (A) is vacant on the date of enactment of this Act, that vacant position shall be the position that is not filled, as required under such subparagraph. (d) Conforming Amendments Title 39, United States Code, is amended— (1) in section 102(3)— (A) by striking 9 8 (B) by striking 202(a) 202(b)(1)(C) (2) in section 203— (A) by striking 202(c) 202(g) (B) by striking 202(d) 202(h) 402. Strategic Advisory Commission on Postal Service Solvency and Innovation (a) Establishment (1) In general There is established in the executive branch a Strategic Advisory Commission on Postal Service Solvency and Innovation (referred to in this section as the Advisory Commission (2) Independence The Advisory Commission shall not be subject to the supervision of the Board of Governors of the Postal Service (referred to in this section as the Board of Governors section 202(i) (b) Purpose The purpose of the Advisory Commission is to— (1) provide strategic guidance to the President, Congress, the Board of Governors, the Postmaster General, and the Chief Innovation Officer on enhancing the long-term solvency of the Postal Service; and (2) foster innovative thinking to address the challenges facing the Postal Service without unfairly competing with the private sector. (c) Membership (1) Composition The Advisory Commission shall be composed of 7 members, of whom— (A) 3 members shall be appointed by the President, who shall designate 1 member appointed under this subparagraph to serve as Chairperson of the Advisory Commission; and (B) 1 member shall be appointed by each of— (i) the majority leader of the Senate; (ii) the minority leader of the Senate; (iii) the Speaker of the House of Representatives; and (iv) the minority leader of the House of Representatives. (2) Qualifications Members of the Advisory Commission shall have— (A) recognized and significant experience in such fields as business, technology, and public administration; (B) a documented record of innovative thinking; (C) familiarity with new and emerging technologies; and (D) experience with revitalizing organizations, corporations, or communities that experienced significant financial challenges or other challenges. (3) Incompatible offices An individual who is appointed to the Advisory Commission may not serve as an elected official or an officer or employee of the Federal Government while serving as a member of the Advisory Commission, except in the capacity of that individual as a member of the Advisory Commission. (4) Deadline for appointment Each member of the Advisory Commission shall be appointed not later than 60 days after the date of enactment of this Act. (5) Meetings; quorum; vacancies (A) Meetings The Advisory Commission shall meet at the call of the Chairperson or a majority of the members of the Advisory Commission. (B) Quorum 4 members of the Advisory Commission shall constitute a quorum. (C) Vacancies Any vacancy in the Advisory Commission shall not affect the powers of the Advisory Commission, but shall be filled as soon as practicable in the same manner in which the original appointment was made. (d) Duties and powers (1) Duties The Advisory Commission shall— (A) study matters that the Advisory Commission determines are necessary and appropriate to develop a strategic blueprint for the long-term solvency of the Postal Service, including— (i) the financial, operational, and structural condition of the Postal Service; (ii) alternative strategies and business models that the Postal Service could adopt; (iii) opportunities for additional postal and nonpostal services that the Postal Service could offer; (iv) the comparative postal practices of other countries, including innovative products and services that postal services in other countries have offered, including services that respond to the increasing use of electronic means of communication, and different approaches to mail delivery that other countries have adopted; (v) the governance and organizational and management structures of the Postal Service; and (vi) efforts by the Postal Service to recruit and retain a workforce, particularly in rural areas, capable of meeting the strategic needs of the Postal Service regarding innovation, nationwide service standards, and nationwide delivery schedules; and (B) submit the report required under subsection (h). (2) Hearings The Advisory Commission may hold such hearings, take such testimony, and receive such evidence as is necessary to carry out this section. (3) Access to information The Advisory Commission may secure directly from the Postal Service, the Board of Governors, the Postal Regulatory Commission, and any other Federal department or agency such information as the Advisory Commission considers necessary to carry out this section. Upon request of the Chairperson of the Advisory Commission, the head of the department or agency shall furnish the information described in the preceding sentence to the Advisory Commission. (e) Applicability of laws The Federal Advisory Committee Act (5 U.S.C. App) and section 552a Privacy Act of 1974 (f) Assistance from Federal agencies (1) Postal Service The Postmaster General shall provide to the Advisory Commission administrative support and other services for the performance of the functions of the Advisory Commission. (2) Other departments and agencies An agency of the Federal Government may provide to the Advisory Committee such services, funds, facilities, staff, and other support services that the agency determines to be advisable or is otherwise authorized under law. (g) Personnel matters (1) Advisory Commission members (A) Compensation of members Each member of the Advisory Commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which the member is engaged in the actual performance of the duties of the Advisory Commission. (B) Travel expenses Each member of the Advisory Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at the rate authorized for employees serving intermittently in the Government service under section 5703 (2) Staff (A) Appointment and compensation The Chairperson, in accordance with rules agreed upon by the Advisory Commission, shall appoint and fix the compensation of an executive director and such other personnel as may be necessary to enable the Advisory Commission to carry out the functions of the Advisory Commission, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification of positions and General Schedule pay rates, except that a rate of pay fixed under this subparagraph may not exceed the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of title 5, United States Code. (B) Detailees Any Federal employee, including an employee of the Postal Service, may be detailed to the Advisory Commission without reimbursement, and such detail shall be without interruption or loss of the civil service rights, status, or privilege of the employee. (h) Strategic blueprint for long-term solvency (1) In general Not later than 9 months after the date of enactment of this Act, the Advisory Commission shall submit a report that contains a strategic blueprint for the long-term solvency of the Postal Service to— (A) the President; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; (C) the Committee on Oversight and Government Reform of the House of Representatives; (D) the Board of Governors; and (E) the Postmaster General. (2) Contents The strategic blueprint contained in the report submitted under paragraph (1) shall include— (A) an assessment of the business model of the Postal Service as of the date on which the report is submitted; (B) an assessment of potential future business models for the Postal Service, including an evaluation of the appropriate balance between— (i) necessary reductions in costs and services; and (ii) additional opportunities for growth and revenue; (C) a strategy for addressing significant current and future liabilities; (D) identification of opportunities for further reductions in costs; (E) identification of opportunities for new and innovative products and services; (F) a strategy for future growth; (G) a vision of how the Postal Service will operate in a sustainable manner 20 years after the date of enactment of this Act; (H) a strategy for ensuring that the Postal Service has a sufficient workforce to meet all of its needs and comply with applicable legal requirements; and (I) recommendations for any legislative changes necessary to implement the strategic blueprint described in this paragraph. (i) Study and strategic plan on interagency agreements for post offices (1) Duties of Advisory Commission (A) Study (i) In general The Advisory Commission shall conduct a study concerning the advisability of the Postal Service entering into interagency agreements with Federal, State, and local agencies, with respect to post offices, that— (I) streamline and consolidate services provided by Federal, State, and local agencies; (II) decrease the costs incurred by Federal agencies in providing services to the general public; and (III) improve the efficiency and maintain the customer service standards of the Federal, State, and local agencies. (ii) Clarification of interagency agreements The study under clause (i) shall include consideration of the advisability of the Postal Service entering into an interagency agreement with Federal agencies responsible for providing services to the general public. (B) Findings The Advisory Commission shall— (i) not later than 9 months after the date of enactment of this Act, submit to the Postal Service the findings of the study conducted under subparagraph (A); and (ii) incorporate the findings described in clause (i) into the strategic blueprint required under subsection (h). (2) Postal Service strategic plan (A) In general Not later than 6 months after the date on which the Advisory Commission submits to the Postal Service the findings under paragraph (1)(B), the Postal Service shall submit a nonbinding strategic plan for entering into interagency agreements concerning post offices to— (i) the Committee on Homeland Security and Governmental Affairs of the Senate; and (ii) the Committee on Oversight and Government Reform of the House of Representatives. (B) Limitations The strategic plan submitted under subparagraph (A) shall be consistent with public interest and demand. (C) Cost savings projections The strategic plan submitted under subparagraph (A) shall include, for each proposed interagency agreement, a projection of cost savings to be realized by the Postal Service and by any other Federal agency that is a party to the agreement. (j) Termination of the commission The Advisory Commission shall terminate on the earlier of— (1) the date that is 60 days after the later of— (A) the date on which the Advisory Commission submits the report on the strategic blueprint for long-term solvency under subsection (h); or (B) the date on which the Advisory Commission submits the findings on interagency agreements for post offices under subsection (i); or (2) the date that is 1 year after the date of enactment. (k) Authorization of appropriations There are authorized to be appropriated out of the Postal Service Fund a total of not more than $3,000,000 for fiscal years 2014 and 2015. 403. Long-term solvency plan; annual financial plan and budget (a) Definitions In this section— (1) the term Board of Governors (2) the term long-term solvency plan (3) the term solvency (b) Plan for the long-term solvency of the Postal Service (1) Solvency plan required (A) In general Not later than the date described in subparagraph (B), the Postmaster General shall submit to the Board of Governors a plan describing the actions the Postal Service intends to take to achieve long-term solvency. (B) Date The date described in this subparagraph is the later of— (i) the date that is 90 days after the date of enactment of this Act; and (ii) the earliest date as of which the Board of Governors has the number of members required for a quorum. (2) Considerations The long-term solvency plan shall take into account— (A) the legal authority of the Postal Service; (B) changes in the legal authority and responsibilities of the Postal Service under this Act and the amendments made by this Act; (C) any cost savings that the Postal Service anticipates will be achieved through negotiations with employees of the Postal Service; (D) projected changes in mail volume; (E) the impact of any regulations that the Postal Service is required to promulgate under Federal law; (F) projected changes in the number of employees needed to carry out the responsibilities of the Postal Service; and (G) the long-term capital needs of the Postal Service, including the need to maintain, repair, and replace facilities and equipment. (3) Review and submission to Congress (A) Review Upon receipt of the long-term solvency plan, the Board of Governors shall review the long-term solvency plan and may request that the Postmaster General make changes to the long-term solvency plan. (B) Submission to Congress Not later than 60 days after initial receipt of the long-term solvency plan, the Board of Governors shall provide a copy of the long-term solvency plan to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives, together with a letter indicating whether and in what respects the Board of Governors agrees or disagrees with the measures set out in the long-term solvency plan. (4) Updates (A) Annual updates required The Postmaster General shall update and submit to the Board of Governors the long-term solvency plan not less frequently than annually for 5 years after the date of enactment of this Act. (B) Review by Board of Governors The Board of Governors shall review and submit to Congress the updates under this paragraph in accordance with paragraph (3). (c) Annual financial plan and budget (1) In general For each of the first 5 full fiscal years after the date of enactment of this Act, not later than August 1 of the preceding fiscal year, the Postmaster General shall submit to the Board of Governors a financial plan and budget for the fiscal year that is consistent with the goal of achieving the long-term solvency of the Postal Service. (2) Contents of financial plan and budget The financial plan and budget for a fiscal year shall— (A) promote the financial stability of the Postal Service and provide for progress towards the long-term solvency of the Postal Service; (B) include the annual budget program of the Postal Service under section 2009 of title 39, United States Code, and the plan of the Postal Service commonly referred to as the Integrated Financial Plan (C) describe lump-sum expenditures by all categories traditionally used by the Postal Service; (D) describe capital expenditures, together with a schedule of projected capital commitments and cash outlays of the Postal Service, and proposed sources of funding; (E) contain estimates of overall debt (both outstanding and expected to be incurred); (F) contain cash flow and liquidity forecasts for the Postal Service at such intervals as the Board of Governors may require; (G) include a statement describing methods of estimations and significant assumptions; and (H) address any other issues that the Board of Governors considers appropriate. (3) Process for submission and approval of financial plan and budget (A) Definition In this paragraph, the term covered recipient (i) the Postmaster General; (ii) the President; (iii) the Committee on Homeland Security and Governmental Affairs of the Senate; and (iv) the Committee on Oversight and Government Reform of the House of Representatives. (B) Review by the Board of Governors (i) In general Upon receipt of a financial plan and budget under paragraph (1), the Board of Governors shall promptly review the financial plan and budget. (ii) Additional information In conducting the review under this subparagraph, the Board of Governors may request any additional information it considers necessary and appropriate to carry out the duties of the Board of Governors. (C) Approval of financial plan and budget submitted by the Postmaster General If the Board of Governors determines that the financial plan and budget for a fiscal year received under paragraph (1) meets the requirements under paragraph (2) and otherwise adequately addresses the financial situation of the Postal Service— (i) the Board of Governors shall approve the financial plan and budget and submit a notice of approval to each covered recipient; and (ii) the Postmaster General shall submit the annual budget program for the relevant fiscal year to the Office of Management and Budget in accordance with section 2009 of title 39, United States Code. (D) Disapproval of financial plan and budget submitted by the Postmaster General (i) In general If the Board of Governors determines that the financial plan and budget for a fiscal year under paragraph (1) does not meet the requirements under paragraph (2) or is otherwise inadequate in addressing the financial situation of the Postal Service, the Board of Governors shall— (I) disapprove the financial plan and budget; (II) submit to each covered recipient a statement that describes the reasons for the disapproval; (III) direct the Postmaster General to appropriately revise the financial plan and budget for the Postal Service; and (IV) submit the revised financial plan and budget to each covered recipient. (ii) Submission to Office of Management and Budget Upon receipt of a revised financial plan and budget under clause (i)(IV), the Postmaster General shall submit the annual budget program for the relevant fiscal year to the Office of Management and Budget in accordance with section 2009 (E) Deadline for transmission of financial plan and budget by Board of Governors Notwithstanding any other provision of this paragraph, not later than September 30 of the fiscal year that precedes each fiscal year for which a financial plan and budget is required under paragraph (1), the Board of Governors shall submit to each covered recipient— (i) a notice of approval under subparagraph (C)(i); or (ii) an approved financial plan and budget for the fiscal year under subparagraph (D)(i)(IV). (F) Revisions to financial plan and budget (i) Permitting Postmaster General to submit revisions The Postmaster General may submit proposed revisions to the financial plan and budget for a fiscal year to the Board of Governors at any time during that fiscal year. (ii) Process for review, approval, disapproval, and Postmaster General action The procedures described in subparagraphs (B) through (E) shall apply with respect to a proposed revision to a financial plan and budget in the same manner as such procedures apply with respect to the original financial plan and budget. (d) Assumptions based on current law In preparing the long-term solvency plan or an annual financial plan and budget required under this section, the Postal Service shall base estimates of revenues and expenditures on Federal law as in effect at the time of the preparation of the long-term solvency plan or the financial plan and budget. 404. Chief Innovation Officer; innovation strategy (a) Chief Innovation Officer (1) In general Chapter 2 209. Chief innovation officer (a) Establishment There shall be in the Postal Service a Chief Innovation Officer appointed by the Postmaster General. (b) Qualifications The Chief Innovation Officer shall have proven expertise and a record of accomplishment in areas such as— (1) the postal and shipping industry; (2) innovative product research and development; (3) brand marketing strategy; (4) new and emerging technology, including communications technology; or (5) business process management. (c) Duties The Chief Innovation Officer shall lead the development and implementation of— (1) innovative postal products and services, particularly products and services that use new and emerging technology, including communications technology, to improve the net financial position of the Postal Service; and (2) nonpostal services authorized under section 404(a)(6) that have the potential to improve the net financial position of the Postal Service. (d) Deadline The Postmaster General shall appoint a Chief Innovation Officer not later than 90 days after the date of enactment of the Postal Reform Act of 2014 . (2) Technical and conforming amendment The table of sections for chapter 2 209. Chief Innovation Officer. . (b) Innovation strategy (1) Initial report on innovation strategy (A) In general Not later than 9 months after the date of enactment of this Act, the Postmaster General, acting through the Chief Innovation Officer, shall submit a report that contains a comprehensive strategy (referred to in this subsection as the innovation strategy (i) the Committee on Homeland Security and Governmental Affairs of the Senate; and (ii) the Committee on Oversight and Government Reform of the House of Representatives. (B) Matters to be addressed At a minimum, the report on innovation strategy required under subparagraph (A) shall describe— (i) the specific innovative postal and nonpostal services to be developed and offered by the Postal Service, including— (I) the nature of the market demand to be satisfied by each product or service; and (II) the estimated date by which each product or service will be introduced; (ii) the cost of developing and offering each product or service; (iii) the anticipated sales volume for each product or service; (iv) the anticipated revenues and profits to be generated by each product or service; (v) the likelihood of success of each product or service and the risks associated with the development and sale of each product or service; (vi) the trends anticipated in market conditions that may affect the success of each product or service during the 5-year period beginning on the date of the submission of the report under subparagraph (A); (vii) any innovations designed to improve the net financial position of the Postal Service, other than the offering of new products and services; and (viii) the metrics that will be used to assess the effectiveness of the innovation strategy. (2) Annual report (A) In general Not later than 1 year after the date of the submission of the initial report containing the innovation strategy under paragraph (1), and annually thereafter for 10 years, the Postmaster General, acting through the Chief Innovation Officer, shall submit a report on the implementation of the innovation strategy to— (i) the Committee on Homeland Security and Governmental Affairs of the Senate; and (ii) the Committee on Oversight and Government Reform of the House of Representatives. (B) Matters to be addressed At a minimum, an annual report submitted under subparagraph (A) shall include— (i) an update of the initial report on innovation strategy submitted under paragraph (1); (ii) a description of the progress made by the Postal Service in implementing the products, services, and other innovations described in the initial report on innovation strategy; and (iii) an analysis of the performance of each product, service, or other innovation described in the initial report on innovation strategy, including— (I) the revenue generated by each product or service developed in accordance with the innovation strategy under this section and the cost of developing and offering each product or service for the preceding year; (II) trends in each market in which a product or service is intended to satisfy a demand; (III) each product or service identified in the innovation strategy that is to be discontinued, the date on which each discontinuance will occur, and the reasons for each discontinuance; (IV) each alteration that the Postal Service plans to make to a product or service identified in the innovation strategy to address changing market conditions and an explanation of how each alteration will ensure the success of the product or service; (V) the performance of innovations other than new products and services that are designed to improve the net financial position of the Postal Service; and (VI) the performance of the innovation strategy according to the metrics described in paragraph (1)(B)(viii). 405. Area and district office structure (a) Definitions In this section— (1) the term area office (2) the term district office (3) the term State (b) Plan required Not later than 1 year after the date of enactment of this Act, the Postal Service shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a comprehensive strategic plan for an area office and district office structure that will— (1) be efficient and cost effective; (2) not substantially and adversely affect the operations of the Postal Service; and (3) reduce the total number of area and district offices. (c) Implementation Not later than 60 days after the date on which the Postal Service submits the plan under subsection (b), the Postal Service shall begin implementing the plan, including, where appropriate, by consolidating area and district offices. (d) State liaison If the Postal Service does not maintain a district office in a State, the Postal Service shall designate at least 1 employee of the district office responsible for Postal Service operations in the State to represent the needs of Postal Service customers in the State. An employee designated under this subsection to represent the needs of Postal Service customers in a State shall be located in that State. 406. Inspector General of the Postal Service (a) Appointment of Inspector General of the Postal Service by President The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in section 8G— (A) in subsection (a)— (i) in paragraph (2), by striking the Postal Regulatory Commission, and the United States Postal Service and the Postal Regulatory Commission (ii) in paragraph (3), by striking subsection (h)(1) subsection (g)(1) (iii) in paragraph (4)— (I) in the matter preceding subparagraph (A), by striking subsection (h)(1) subsection (g)(1) (II) by striking subparagraph (B); and (III) by redesignating subparagraphs (C) through (H) as subparagraphs (B) through (G), respectively; (B) in subsection (c), by striking Except as provided under subsection (f) of this section, the The (C) by striking subsection (f); and (D) by redesignating subsections (g) and (h) as subsections (f) and (g), respectively; (2) by inserting after section 8M the following: 8N. Special provisions concerning the Inspector General of the United States Postal Service (a) In this section— (1) the term Governors (2) the term Inspector General (b) In carrying out the duties and responsibilities specified in this Act, the Inspector General shall have oversight responsibility for all activities of the Postal Inspection Service, including any internal investigation performed by the Postal Inspection Service. The Chief Postal Inspector shall promptly report the significant activities being carried out by the Postal Inspection Service to the Inspector General. (c) (1) (A) The Inspector General shall be under the authority, direction, and control of the Governors with respect to audits or investigations, or the issuance of subpoenas, which require access to sensitive information concerning— (i) ongoing civil or criminal investigations or proceedings; (ii) undercover operations; (iii) the identity of confidential sources, including protected witnesses; (iv) intelligence or counterintelligence matters; or (v) other matters the disclosure of which would constitute a serious threat to national security. (B) With respect to the information described under subparagraph (A), the Governors may prohibit the Inspector General from carrying out or completing any audit or investigation, or from issuing any subpoena, after the Inspector General has decided to initiate, carry out, or complete such audit or investigation or to issue such subpoena, if the Governors determine that such prohibition is necessary to prevent the disclosure of any information described under subparagraph (A) or to prevent the significant impairment to the national interests of the United States. (C) If the Governors exercise any power under subparagraph (A) or (B), the Governors shall notify the Inspector General in writing of the reasons for the exercise of such power. Not later than 30 days after receipt of any such notice, the Inspector General shall transmit a copy of the notice to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives, and to other appropriate committees or subcommittees of the Congress. (2) In carrying out the duties and responsibilities specified in this Act, the Inspector General— (A) may initiate, conduct, and supervise such audits and investigations of the United States Postal Service as the Inspector General considers appropriate; and (B) shall give particular regard to the activities of the Postal Inspection Service with a view toward avoiding duplication and ensuring effective coordination and cooperation. (3) Any report required to be transmitted by the Governors to the appropriate committees or subcommittees of the Congress under section 5(d) shall also be transmitted, within the 7-day period specified under that section, to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives. (d) Nothing in this Act shall restrict, eliminate, or otherwise adversely affect any of the rights, privileges, or benefits of either employees of the United States Postal Service, or labor organizations representing employees of the United States Postal Service, under chapter 12 29 U.S.C. 151 et seq. (e) There are authorized to be appropriated, out of the Postal Service Fund, such sums as may be necessary for the Office of Inspector General of the United States Postal Service. ; and (3) in section 12— (A) in paragraph (1), by striking or the Director of the National Reconnaissance Office the Director of the National Reconnaissance Office; or the Board of Governors of the United States Postal Service (B) in paragraph (2), by striking or the National Reconnaissance Office the National Reconnaissance Office, or the United States Postal Service (b) Technical and conforming amendments Title 39, United States Code, is amended— (1) in section 102(4), by striking section 202(e) of this title section 3 of the Inspector General Act of 1978 (5 U.S.C. App.) (2) in section 1001(b), in the first sentence, by inserting , and section 3 of the Inspector General Act of 1978 (5 U.S.C. App.) 1001(c) of this title (3) in section 1005(a)(3), by inserting , and section 3 of the Inspector General Act of 1978 (5 U.S.C. App.) 1001(c) of this title (c) Applicability (1) In general The amendments made by this section shall apply with respect to the first individual appointed as Inspector General of the Postal Service after the date of enactment of this Act. (2) Rule of construction Nothing in this Act may be construed to alter the authority or the length of the term of the individual serving as Inspector General of the Postal Service on the date of enactment of this Act. 407. Postal Regulatory Commission (a) Commissioners Section 502 (1) in subsection (c), by striking subsection (f) subsections (f) and (g) (2) by adding at the end the following: (g) The Commissioners may serve for not more than 2 full terms. . (b) Administration Section 504 (1) in subsection (a), in the second sentence— (A) by striking The Chairman Subject to the policies adopted under subsection (b), the Chairman (B) by striking all the executive the day-to-day executive (2) by amending subsection (b) to read as follows: (b) (1) The Chairman shall be governed by the policies adopted by the Commission under paragraph (2)(A) in carrying out any of the functions under this section. (2) The Commission shall adopt, by a vote of the majority of the members of the Commission, policies that shall govern all functions of the Commission, including the finances, operations, and administration of the Commission. (3) The Commission shall review and, if necessary, revise the policies adopted under paragraph (2) not less frequently than every 4 years. Adoption of revised policies, or re-adoption of existing policies, shall be by a vote of the majority of the members of the Commission. ; and (3) in subsection (c), by striking The Chairman Subject to the policies adopted under subsection (b), the Chairman 408. Postal Service contracts and congressional oversight authority (a) In general Chapter 4 417. Postal Service contracts and congressional oversight authority The Postal Service may not enter into any contract that restricts the ability of Congress to exercise oversight authority. . (b) Technical and conforming amendment The table of sections for chapter 4 417. Postal Service contracts and congressional oversight authority. . V Federal Employees’ Compensation Act 501. Short title; references (a) Short title This title may be cited as the Workers' Compensation Reform Act of 2014 (b) References Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 5, United States Code. 502. Federal workers compensation reforms for retirement-age employees (a) Conversion of entitlement at retirement age (1) Definitions Section 8101 is amended— (A) in paragraph (18), by striking and (B) in paragraph (19), by striking and (C) in paragraph (20), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: (21) retirement age 42 U.S.C. 416(l)(1) (22) covered claim for total disability Workers' Compensation Reform Act of 2014 (23) covered claim for partial disability Workers' Compensation Reform Act of 2014 (24) individual who has an exempt disability condition (A) who— (i) is eligible to receive continuous periodic compensation for total disability under section 8105 on the date of enactment of the Workers' Compensation Reform Act of 2014 (ii) meets the criteria under section 8105(c); (B) who, on the date of enactment of the Workers' Compensation Reform Act of 2014 (i) is eligible to receive continuous periodic compensation for total disability under section 8105; and (ii) has sustained a currently irreversible severe mental or physical disability for which the Secretary of Labor has authorized, for at least the 1-year period ending on the date of enactment of the Workers' Compensation Reform Act of 2014 (C) who is eligible to receive continuous periodic compensation for total disability under section 8105— (i) for not less than the 3-year period ending on the date of enactment of the Workers' Compensation Reform Act of 2014 (ii) if the individual became eligible to receive continuous periodic compensation for total disability under section 8105 during the period beginning on the date that is 3 years before the date of enactment of the Workers' Compensation Reform Act of 2014 . (2) Total disability Section 8105 is amended— (A) in subsection (a), by striking If In general (B) by redesignating subsection (b) as subsection (c); and (C) by inserting after subsection (a) the following: (b) Conversion of entitlement at retirement age (1) In general Except as provided in paragraph (2), the basic compensation for total disability for an employee who has attained retirement age shall be 50 percent of the monthly pay of the employee. (2) Exceptions (A) Covered recipients who have attained retirement age, have an exempt disability condition, or face financial hardship Paragraph (1) shall not apply to a covered claim for total disability by an employee if the employee— (i) on the date of enactment of the Workers' Compensation Reform Act of 2014 (ii) is an individual who has an exempt disability condition; or (iii) is a member of a household that would meet the income and assets requirements for eligibility for the supplemental nutrition assistance program as described in section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 (B) Transition period for certain employees For a covered claim for total disability by an employee who is not an employee described in subparagraph (A), the employee shall receive the basic compensation for total disability provided under subsection (a) until the later of— (i) the date on which the employee attains retirement age; and (ii) the date that is 3 years after the date of enactment of the Workers' Compensation Reform Act of 2014 . (3) Partial disability Section 8106 is amended— (A) in subsection (a), by striking If In general (B) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (C) by inserting after subsection (a) the following: (b) Conversion of entitlement at retirement age (1) In general Except as provided in paragraph (2), the basic compensation for partial disability for an employee who has attained retirement age shall be 50 percent of the difference between the monthly pay of the employee and the monthly wage-earning capacity of the employee after the beginning of the partial disability. (2) Exceptions (A) Covered recipients who have attained retirement age or face financial hardship Paragraph (1) shall not apply to a covered claim for partial disability by an employee if the employee— (i) on the date of enactment of the Workers' Compensation Reform Act of 2014 (ii) is a member of a household that would meet the income and assets requirements for eligibility for the supplemental nutrition assistance program as described in section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 (B) Transition period for certain employees For a covered claim for partial disability by an employee who is not an employee described in subparagraph (A), the employee shall receive basic compensation for partial disability in accordance with subsection (a) until the later of— (i) the date on which the employee attains retirement age; and (ii) the date that is 3 years after the date of enactment of the Workers' Compensation Reform Act of 2014 . 503. Augmented compensation for dependents (a) In general Section 8110 is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: (b) Termination of augmented compensation (1) In general Subject to paragraph (2), augmented compensation for dependants under subsection (c) shall not be provided. (2) Exceptions (A) Total disability For a covered claim for total disability by an employee— (i) the employee shall receive augmented compensation under subsection (c) if the employee is an individual who has an exempt disability condition; and (ii) the employee shall receive augmented compensation under subsection (c) until the date that is 3 years after the date of enactment of the Workers' Compensation Reform Act of 2014 (B) Partial disability For a covered claim for partial disability by an employee, the employee shall receive augmented compensation under subsection (c) until the date that is 3 years after the date of enactment of the Workers' Compensation Reform Act of 2014 (C) Permanent disability compensated by a schedule For a claim for a permanent disability described in section 8107(a) by an employee that commenced before the date of enactment of the Workers' Compensation Reform Act of 2014 . (b) Maximum and minimum monthly payments Section 8112 is amended— (1) in subsection (a)— (A) by inserting subsections (b) and (c) and section 8138 (B) by striking including augmented compensation under section 8110 of this title but (C) by striking 75 percent 66 2/3 (2) by redesignating subsection (b) as subsection (c); (3) by inserting after subsection (a) the following: (b) Exceptions (1) Covered disability condition For a covered claim for total disability by an employee, if the employee is an individual who has an exempt disability condition— (A) the monthly rate of compensation for disability that is subject to the maximum and minimum monthly amounts under subsection (a) shall include any augmented compensation under section 8110; and (B) subsection (a) shall be applied by substituting 75 percent 66 2/3 (2) Partial disability For a covered claim for partial disability by an employee, until the date that is 3 years after the date of enactment of the Workers' Compensation Reform Act of 2014 (A) the monthly rate of compensation for disability that is subject to the maximum and minimum monthly amounts under subsection (a) shall include any augmented compensation under section 8110; and (B) subsection (a) shall be applied by substituting 75 percent 66 2/3 ; and (4) in subsection (c), as redesignated by paragraph (2), by striking subsection (a) subsections (a) and (b) (c) Death benefits generally Section 8133 is amended— (1) in subsections (a) and (e), by striking 75 percent 66 2/3 (2) by adding at the end the following: (g) If the death occurred before the date of enactment of the Workers' Compensation Reform Act of 2014 75 percent 66 2/3 . (d) Death benefits for civil air patrol volunteers Section 8141 is amended— (1) in subsection (b)(2)(B) by striking 75 percent 66 2/3 (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following: (c) If the death occurred before the date of enactment of the Workers' Compensation Reform Act of 2014 75 percent 66 2/3 . 504. Schedule compensation payments Section 8107 is amended— (1) in subsection (a), by striking at the rate of 66 2/3 at the rate specified under subsection (d) (2) by adding at the end the following: (d) Rate for compensation (1) Annual salary (A) In general Except as provided in paragraph (2), the rate under subsection (a) shall be the rate of 66 2/3 (B) Establishment (i) In general The Secretary of Labor shall establish an annual salary for purposes of subparagraph (A) in the amount the Secretary determines will result in the aggregate cost of payments made under this section being equal to what would have been the aggregate cost of payments under this section if the amendments made by section 504 of the Workers' Compensation Reform Act of 2014 (ii) Cost of living adjustment The annual salary established under clause (i) shall be increased on March 1 of each year by the amount determined by the Secretary of Labor to represent the percent change in the price index published for December of the preceding year over the price index published for the December of the year prior to the preceding year, adjusted to the nearest one-tenth of 1 percent. (C) Present value The Secretary of Labor shall calculate the present value for purposes of subparagraph (A) using a rate of interest equal to the average market yield for outstanding marketable obligations of the United States with a maturity of 2 years on the first business day of the month in which the compensation is paid or, in the event that such marketable obligations are not being issued on such date, at an equivalent rate selected by the Secretary of Labor, true discount compounded annually. (2) Certain injuries For an injury that occurred before the date of enactment of the Workers' Compensation Reform Act of 2014 2/3 (e) Simultaneous receipt (1) Total disability An employee who receives compensation for total disability under section 8105 may only receive the lump sum of schedule compensation under this section in addition to and simultaneously with the benefits for total disability after the earlier of— (A) the date on which the basic compensation for total disability of the employee becomes 50 percent of the monthly pay of the employee under section 8105(b); or (B) the date on which augmented compensation of the employee terminates under section 8110(b)(2)(A)(ii), if the employee receives such compensation. (2) Partial disability An employee who receives benefits for partial disability under section 8106 may only receive the lump sum of schedule compensation under this section in addition to and simultaneously with the benefits for partial disability after the earlier of— (A) the date on which the basic compensation for partial disability of the employee becomes 50 percent of the difference between the monthly pay of the employee and the monthly wage-earning capacity of the employee after the beginning of the partial disability under section 8106(b); or (B) the date on which augmented compensation of the employee terminates under section 8110(b)(2)(B), if the employee receives such compensation. . 505. Vocational rehabilitation (a) In general Section 8104 is amended— (1) in subsection (a)— (A) by striking (a) The Secretary of Labor may undergo vocational rehabilitation. (a) In general (1) Direction Except as provided in paragraph (2), not earlier than the date that is 6 months after the date on which an individual eligible for wage-loss compensation under section 8105 or 8106 is injured, or by such other date as the Secretary of Labor determines it would be reasonable under the circumstances for the individual to begin vocational rehabilitation, and if vocational rehabilitation may enable the individual to become capable of more gainful employment, the Secretary of Labor shall direct the individual to participate in developing a comprehensive return to work plan and to undergo vocational rehabilitation at a location a reasonable distance from the residence of the individual. ; (B) by striking the Secretary of Health, Education, and Welfare in carrying out the purposes of chapter 4 of title 29 the Secretary of Education in carrying out the purposes of the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) (C) by striking under section 32(b)(1) of title 29 under section 5 of the Rehabilitation Act of 1973 ( 29 U.S.C. 704 (D) by adding at the end the following: (2) Exception The Secretary of Labor may not direct an individual who has attained retirement age to participate in developing a comprehensive return to work plan or to undergo vocational rehabilitation. ; (2) by redesignating subsection (b) as subsection (c); (3) by inserting after subsection (a) the following: (b) Contents of return to work plan A return to work plan developed under subsection (a)— (1) shall— (A) set forth specific measures designed to increase the wage-earning capacity of an individual; (B) take into account the prior training and education of the individual and the training, educational, and employment opportunities reasonably available to the individual; and (C) provide that any employment undertaken by the individual under the return to work plan be at a location a reasonable distance from the residence of the individual; (2) may provide that the Secretary will pay out of amounts in the Employees’ Compensation Fund reasonable expenses of vocational rehabilitation (which may include tuition, books, training fees, supplies, equipment, and child or dependent care) during the course of the plan; and (3) may not be for a period of more than 2 years, unless the Secretary finds good cause to grant an extension, which may be for not more than 2 years. ; (4) in subsection (c), as so redesignated— (A) by inserting Compensation Notwithstanding (B) by striking , other than employment undertaken pursuant to such rehabilitation (5) by adding at the end the following: (d) Assisted reemployment agreements (1) In general The Secretary may enter into an assisted reemployment agreement with an agency or instrumentality of any branch of the Federal Government or a State or local government or a private employer that employs an individual eligible for wage-loss compensation under section 8105 or 8106 to enable the individual to return to productive employment. (2) Contents An assisted reemployment agreement under paragraph (1)— (A) may provide that the Secretary will use amounts in the Employees’ Compensation Fund to reimburse an employer in an amount equal to not more than 100 percent of the compensation the individual would otherwise receive under section 8105 or 8106; and (B) may not be for a period of more than 3 years. (e) List To facilitate the hiring of individuals eligible for wage-loss compensation under section 8105 or 8106, the Secretary shall provide a list of such individuals to the Office of Personnel Management, which the Office of Personnel Management shall provide to all agencies and instrumentalities of the Federal Government. . (b) Employees’ Compensation Fund Section 8147 is amended by adding at the end: (d) Notwithstanding subsection (b), any benefits or other payments paid to or on behalf of an employee under this subchapter or any extension or application thereof for a recurrence of injury, consequential injury, aggravation of injury, or increase in percentage of impairment to a member for which compensation is provided under the schedule under section 8107 suffered in a permanent position with an agency or instrumentality of the United States while the employment with the agency or instrumentality is covered under an assisted reemployment agreement entered into under section 8104(d) shall not be included in total cost of benefits and other payments in the statement provided to the agency or instrumentality under subsection (b) if the injury was originally incurred in a position not covered by an assisted reemployment agreement. . (c) Termination of vocational rehabilitation requirement after retirement age Section 8113(b) is amended by adding at the end the following: An individual who has attained retirement age may not be required to undergo vocational rehabilitation. (d) Mandatory benefit reduction for noncompliance Section 8113(b) is amended by striking may reduce shall reduce (e) Technical and conforming amendments (1) In general Subchapter III of chapter 15 1538. Authorization for assisted reemployment Funds may be transferred from the Employees’ Compensation Fund established under section 8147 of title 5 to the applicable appropriations account for an agency or instrumentality of any branch of the Federal Government for the purposes of reimbursing the agency or instrumentality in accordance with an assisted reemployment agreement entered into under section 8104 of title 5. . (2) Table of sections The table of sections for chapter 15 of title 31, United States Code, is amended by inserting after the item relating to section 1537 the following: 1538. Authorization for assisted reemployment. . 506. Reporting requirements (a) In general Chapter 81 is amended by inserting after section 8106 the following: 8106a. Reporting requirements (a) Definition In this section, the term employee receiving compensation (1) is paid compensation under section 8105 or 8106; and (2) has not attained retirement age. (b) Authority The Secretary of Labor shall require an employee receiving compensation to report the earnings of the employee receiving compensation from employment or self-employment, by affidavit or otherwise, in the manner and at the times the Secretary specifies. (c) Contents An employee receiving compensation shall include in a report required under subsection (a) the value of housing, board, lodging, and other advantages which are part of the earnings of the employee receiving compensation in employment or self-employment and the value of which can be estimated. (d) Failure To report and false reports (1) In general An employee receiving compensation who fails to make an affidavit or other report required under subsection (b) or who knowingly omits or understates any part of the earnings of the employee in such an affidavit or other report shall forfeit the right to compensation with respect to any period for which the report was required. (2) Forfeited compensation Compensation forfeited under this subsection, if already paid to the employee receiving compensation, shall be recovered by a deduction from the compensation payable to the employee or otherwise recovered under section 8129, unless recovery is waived under that section. . (b) Technical and conforming amendments The table of sections for chapter 81 is amended by inserting after the item relating to section 8106 the following: 8106a. Reporting requirements. . 507. Disability management review; independent medical examinations Section 8123 is amended by adding at the end the following: (e) Disability management review (1) Definitions In this subsection— (A) the term covered employee (B) the term disability management review process (2) Establishment The Secretary of Labor shall— (A) establish a disability management review process for the purpose of certifying and monitoring the disability status and extent of injury of each covered employee; and (B) promulgate regulations for the administration of the disability management review process. (3) Physical examinations required Under the disability management review process, the Secretary of Labor shall periodically require covered employees to submit to physical examinations under subsection (a) by physicians selected by the Secretary. A physician conducting a physical examination of a covered employee shall submit to the Secretary a report regarding the nature and extent of the injury to and disability of the covered employee. (4) Frequency (A) In general The regulations promulgated under paragraph (2)(B) shall specify the process and criteria for determining when and how frequently a physical examination should be conducted for a covered employee. (B) Minimum frequency (i) Initial An initial physical examination shall be conducted not more than a brief period after the date on which a covered employee has been in continuous receipt of compensation for total disability under section 8015 for 6 months. (ii) Subsequent examinations After the initial physical examination, physical examinations of a covered employee shall be conducted not less than once every 3 years. (5) Employing agency or instrumentality requests (A) In general The agency or instrumentality employing an employee who has made a claim for compensation for total disability under section 8105 may at any time submit a request for the Secretary of Labor to promptly require the employee to submit to a physical examination under this subsection. (B) Requesting officer A request under subparagraph (A) shall be made on behalf of an agency or instrumentality by— (i) the head of the agency or instrumentality; (ii) the Chief Human Capital Officer of the agency or instrumentality; or (iii) if the agency or instrumentality does not have a Chief Human Capital Officer, an officer with responsibilities similar to those of a Chief Human Capital Officer designated by the head of the agency or instrumentality to make requests under this paragraph. (C) Information A request under subparagraph (A) shall be in writing and accompanied by— (i) a certification by the officer making the request that the officer has reviewed the relevant material in the employee’s file; (ii) an explanation of why the officer has determined, based on the materials in the file and other information known to the officer, that requiring a physical examination of the employee under this subsection is necessary; and (iii) copies of the materials relating to the employee that are relevant to the officer’s determination and request, unless the agency or instrumentality has a reasonable basis for not providing the materials. (D) Examination If the Secretary of Labor receives a request under this paragraph before an employee has undergone an initial physical examination under paragraph (4)(B)(i), the Secretary shall promptly require the physical examination of the employee. A physical examination under this subparagraph shall satisfy the requirement under paragraph (4)(B)(i) that an initial physical examination be conducted. (E) After initial examination (i) In general If the Secretary of Labor receives a request under this paragraph after an employee has undergone an initial physical examination under paragraph (4)(B)(i), the Secretary shall— (I) review the request and the information, explanation, and other materials submitted with the request; and (II) determine whether to require the physical examination of the employee who is the subject of the request. (ii) Not granted If the Secretary determines not to grant a request described in clause (i), the Secretary shall promptly notify the officer who made the request and provide an explanation of the reasons why the request was denied. . 508. Waiting period (a) In general Section 8117 is amended— (1) in the section heading, by striking Time of accrual of right Waiting period (2) in subsection (a)— (A) in the matter preceding paragraph (1), by striking An employee is not entitled In general (B) in paragraph (1), by adding or (C) by striking paragraph (2); and (D) by redesignating paragraph (3) as paragraph (2); and (3) in subsection (b)— (A) by striking A Postal Service A Postal Service Use of leave (B) by striking that 3-day period the first 3 days of temporary disability (C) by striking or is followed by permanent disability (b) Continuation of pay Section 8118 is amended— (1) in the section heading, by striking ; election to use annual or sick leave (2) in subsection (b)(1), by striking section 8117(b) section 8117 (3) by striking subsection (c); and (4) by redesignating subsection (d) as subsection (c). (c) Technical and conforming amendments The table of sections for chapter 81 is amended by striking the items relating to sections 8117 and 8118 and inserting the following: 8117. Waiting period. 8118. Continuation of pay. . 509. Election of benefits (a) In general Section 8116 is amended by adding at the end the following: (e) Retirement benefits (1) In general An individual entitled to compensation benefits payable under this subchapter and under chapter 83 or 84 or any other retirement system for employees of the Government, for the same period, shall elect which benefits the individual will receive. (2) Election (A) Deadline An individual shall make an election under paragraph (1) in accordance with such deadlines as the Secretary of Labor shall establish, which shall be a reasonable period after the individual has received notice of a final determination that the individual is entitled to compensation benefits payable under this subchapter. (B) Revocability An election under paragraph (1) shall be revocable, notwithstanding any other provision of law, except for any period during which an individual— (i) was qualified for benefits payable under both this subchapter and under a retirement system described in paragraph (1); and (ii) was paid benefits under the retirement system after having been notified of eligibility for benefits under this subchapter. (3) Informed choice The Secretary of Labor shall provide information, and shall ensure that information is provided, to an individual described in paragraph (1) about the benefits available to the individual under this subchapter or under chapter 83 or 84 or any other retirement system referred to in paragraph (1) the individual may elect to receive. . (b) Technical and conforming amendments Sections 8337(f)(3) and 8464a(a)(3) are each amended by striking Paragraphs Except as provided under chapter 81, paragraphs 510. Sanction for noncooperation with field nurses Section 8123, as amended by section 507, is amended by adding at the end the following: (f) Field nurses (1) Definition In this subsection, the term field nurse (2) Authorization The Secretary may use field nurses to coordinate medical services and vocational rehabilitation programs for injured employees under this subchapter. If an employee refuses to cooperate with a field nurse or obstructs a field nurse in the performance of duties under this subchapter, the right to compensation under this subchapter shall be suspended until the refusal or obstruction stops. . 511. Subrogation of continuation of pay (a) In general Section 8131 is amended— (1) in subsection (a), in the matter preceding paragraph (1), by inserting continuation of pay or compensation (2) in subsection (b), by inserting continuation of pay or compensation (3) in subsection (c)— (A) by inserting continuation of pay or compensation already paid (B) by inserting continuation of pay or compensation payable (b) Adjustment after recovery from a third person Section 8132 is amended— (1) in the first sentence— (A) by inserting continuation of pay or compensation is payable (B) by inserting continuation of pay or compensation from the United States (C) by striking by him or in his behalf by the beneficiary or on behalf of the beneficiary (D) by inserting continuation of pay and compensation paid by the United States (E) by striking compensation payable to him continuation of pay or compensation payable to the beneficiary (2) in the second sentence, by striking his designee the designee of the beneficiary (3) in the fourth sentence, by striking If compensation payable to him by the United States If continuation of pay or compensation has not been paid to the beneficiary, the money or property shall be credited against continuation of pay or compensation payable to the beneficiary by the United States (c) Effective date This section and the amendments made by this section shall take effect on the date of enactment of this Act. 512. Integrity and compliance (a) In general Subchapter I of chapter 81 is amended by adding at the end the following: 8153. Integrity and Compliance Program (a) Definitions In this section— (1) the term FECA program (2) the term improper payment 31 U.S.C. 3321 (3) the term Inspector General (A) means an Inspector General described in subparagraph (A), (B), or (I) of section 11(b)(1) of the Inspector General Act of 1978 (5 U.S.C. App.); and (B) does not include the Inspector General of an entity having no employees covered under the FECA program; (4) the term Integrity and Compliance Program (5) the term provider (6) the term Secretary (7) the term Task Force (b) Integrity and compliance program Not later than 270 days after the date of enactment of this section, the Secretary shall establish an Integrity and Compliance Program for the purpose of preventing, identifying, and recovering fraudulent and other improper payments for the FECA program, which shall include— (1) procedures for identifying potentially improper payments before payment is made to claimants and providers, including, where appropriate, predictive analytics; (2) reviews after payment is made to identify potentially improper payments to claimants and providers; (3) ongoing screening and verification procedures to ensure the continued eligibility of medical providers to provide services under the FECA program, including licensure, Federal disbarment, and the existence of relevant criminal convictions; (4) provision of appropriate information, education, and training to claimants and providers on requirements to ensure the integrity of the FECA program, including payments under the FECA program; (5) appropriate controls and audits to ensure that providers adopt internal controls and procedures for compliance with requirements under the FECA program; (6) procedures to ensure— (A) initial and continuing eligibility of claimants for compensation, benefits, or services under the FECA program; and (B) ongoing verification of information in databases relating to claimants to ensure accuracy and completeness; and (7) sharing and accessing data and information with other agencies and instrumentalities of the United States, including the United States Postal Service. (c) Interagency cooperation on anti-Fraud efforts (1) In general In administering the FECA program, including the Integrity and Compliance Program, the Secretary shall cooperate with other agencies and instrumentalities of the United States (including the United States Postal Service) and the Inspectors General of such agencies and instrumentalities to prevent, identify, and recover fraudulent and other improper payments under the FECA program. (2) Task force (A) In general There is established a task force, which shall be known as the FECA Integrity and Compliance Task Force. (B) Membership The members of the Task Force shall be— (i) the Secretary, who shall serve as the Chairperson of the Task Force; (ii) the Postmaster General, who shall serve as the Vice Chairperson of the Task Force; (iii) the Attorney General; (iv) the Director of the Office of Management and Budget; and (v) other appropriate Federal officials, as determined by the Chairperson and Vice Chairperson of the Task Force. (C) Advisory members The following officials shall attend meetings of the Task Force and participate as ad hoc, advisory members, to provide technical assistance and guidance to the Task Force with respect to the duties of the Task Force: (i) The Inspector General of the Department of Labor. (ii) The Inspector General of the United States Postal Service. (iii) The Inspectors General of other appropriate agencies and instrumentalities of the United States that employ a significant number of individuals receiving compensation, benefits, or services under the FECA program, as determined by the Chairperson of the Task Force. (D) Duties The Task Force shall— (i) set forth, in writing, a description of the respective roles and responsibilities in preventing, identifying, recovering, and prosecuting fraud under, and otherwise ensuring integrity and compliance of, the FECA program of— (I) the Secretary (including subordinate officials such as the Director of the Office of Workers’ Compensation Programs); (II) the Inspector General of the Department of Labor; (III) the Inspectors General of agencies and instrumentalities of the United States that employ claimants under the FECA program; (IV) the Attorney General; and (V) any other relevant officials; (ii) develop procedures for sharing information of possible fraud under the FECA program or other intentional misstatements by claimants or providers under the FECA program, including procedures addressing— (I) notification of appropriate officials of the Department of Labor of potential fraud or other intentional misstatements, including provision of supporting information; (II) timely and appropriate response by officials of the Department of Labor to notifications described in subclause (I); (III) the inclusion of information and evidence relating to fraud and other intentional misstatements in criminal, civil, and administrative proceedings relating to the provision of compensation, benefits, or medical services (including payments to providers) under the FECA program; (IV) the coordination of criminal investigations with the administration of the FECA program; and (V) the protection of information relating to an investigation of possible fraud under the FECA program from potential disclosure, including requirements that enable investigative files to be appropriately separated from case management files; and (iii) not later than 1 year after the date of enactment of this section, submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform and the Committee on Education and the Workforce of the House of Representatives a report that includes the description and procedures required under clauses (i) and (ii). (3) Rule of construction Nothing in this subsection shall be construed to limit or restrict any authority of an Inspector General. (d) Improvements to access of Federal databases (1) In general In order to improve compliance with the requirements under and the integrity of the FECA program, or as required to otherwise detect and prevent improper payments under the FECA program (including for purposes of computer matching under subsection (e)(1)(D)), upon written request— (A) the Commissioner of Social Security shall make available to the Secretary, the Postmaster General, and each Inspector General the Social Security earnings information of a living or deceased employee; (B) the Director of the Office of Personnel Management shall make available to the Secretary, the Postmaster General, and each Inspector General the information in the databases of Federal employees and retirees maintained by the Director; and (C) the Secretary of Veterans Affairs shall make available to the Secretary, the Postmaster General, and each Inspector General the information in the database of disabled individuals maintained by the Secretary of Veterans Affairs. (2) National directory of new hires Upon written request, the Secretary of Health and Human Services shall make available to the Secretary, the Postmaster General, each Inspector General, and the Comptroller General of the United States the information in the National Directory of New Hires for purposes of carrying out this subchapter, in order to improve compliance with the requirements under and the integrity of the FECA program, or as required to otherwise detect and prevent improper payments under the FECA program (including for purposes of computer matching under subsection (e)(1)(D)). The Comptroller General may obtain information from the National Directory of New Hires for purposes of any audit, evaluation, or investigation, including any audit, evaluation, or investigation relating to program integrity. (3) Procedures The Secretary shall establish procedures for correlating the identity and status of recipients of compensation, benefits, or services under this subchapter with Social Security earnings information described in paragraph (1)(A). (4) Provision Information requested under this subsection shall be provided— (A) in a timely manner; (B) at a reasonable cost to the Secretary, the Postmaster General, or an Inspector General; (C) without cost to the Comptroller General of the United States; and (D) in the manner, frequency, and form reasonably specified by the officer making the request, which, upon request, shall include electronic form. (5) Assessment of data cost-effectiveness (A) In general The Secretary shall consider and assess procedures for correlating the identity and status of recipients of compensation, benefits, or services under this subchapter with information relating to employees, retirees, and individuals described in subparagraphs (B) and (C) of paragraph (1) and paragraph (2). (B) Report Not later than 1 year after the date of enactment of this section, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform and the Committee on Education and the Workforce of the House of Representatives a report on the cost-effectiveness of the use of the databases described in subparagraphs (B) and (C) of paragraph (1) and paragraph (2) for program compliance and integrity. The report required under this subparagraph may be included as part of the report required under subsection (f). (6) United States Postal Service FECA enrollee database Not later than 180 days after the date of enactment of this section, in order to track, verify, and communicate with the Secretary and other relevant entities, the Postmaster General shall establish an electronic database of information relating to employees of the United States Postal Service who have applied for or are receiving compensation, benefits, or services under this subchapter. (7) Rule of construction Nothing in this subsection shall be construed to limit the authority of the Comptroller General of the United States under section 716 (e) General protocols and security (1) Establishment (A) In general In order to ensure strong information security and privacy standards, the Task Force shall establish protocols for the secure transfer and storage of any information provided to an individual or entity under this section. (B) Considerations In establishing protocols under subparagraph (A), the Task Force shall consider any recommendations submitted to the Secretary by the Inspector General of the Department of Health and Human Services with respect to the secure transfer and storage of information, and to comply with privacy laws and best practices. (C) Fraud case protection The Task Force shall establish protocols and procedures to enable information and materials relating to an active investigation of possible fraud relating to the FECA program to be appropriately kept separate from the files for employees relating to the provision of compensation, benefits, or services under the FECA program. (D) Computer matching by Federal agencies for purposes of investigation and prevention of improper payments and fraud (i) In general Except as provided in this subparagraph, in accordance with section 552a (commonly known as the Privacy Act of 1974), the Secretary, the Postmaster General, each Inspector General, and the head of each agency may enter into computer matching agreements that allow ongoing data matching (which shall include automated data matching) in order to assist in the detection and prevention of improper payments under the FECA program. (ii) Review Not later than 60 days after a proposal for an agreement under clause (i) has been presented to a Data Integrity Board established under section 552a(u) for consideration, the Data Integrity Board shall approve or deny the agreement. (iii) Termination date An agreement under clause (i)— (I) shall have a termination date of less than 3 years; and (II) during the 3-month period ending on the date on which the agreement is scheduled to terminate, may be renewed by the agencies entering the agreement for not more than 3 years. (iv) Multiple agencies For purposes of this subparagraph, section 552a(o)(1) shall be applied by substituting between the source agency and the recipient agency or non-Federal agency or an agreement governing multiple agencies’ for ‘between the source agency and the recipient agency or non-Federal agency (v) Cost-benefit analysis An agreement under clause (i) may be entered without regard to section 552a(o)(1)(B), relating to a cost-benefit analysis of the proposed matching program. (vi) Guidance by the office of management and budget Not later than 6 months after the date of enactment of the Workers' Compensation Reform Act of 2014 (I) issue guidance for agencies regarding implementing this subparagraph, which shall include standards for reimbursement costs, when necessary, between agencies; and (II) establish standards and develop standard matching agreements for the purpose of improving the process for establishing data use or computer matching agreements. (2) Compliance The Secretary, the Postmaster General, and each Inspector General shall ensure that any information provided to an individual or entity under this section is provided in accordance with protocols established under paragraph (1). (3) Rule of construction Nothing in this section shall be construed to affect the rights of an individual under section 552a(p). (f) Report Not later than 1 year after the date of enactment of this section, and annually thereafter for 5 years, the Secretary shall submit a report on the activities of the Secretary under this section, including implementation of the Integrity and Compliance Program, to— (1) the Committee on Homeland Security and Governmental Affairs of the Senate; and (2) the Committee on Oversight and Government Reform and the Committee on Education and the Workforce of the House of Representatives. (g) GAO review The Comptroller General of the United States shall— (1) conduct periodic reviews of the Integrity and Compliance Program; and (2) submit reports on the results of the reviews under paragraph (1) to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform and the Committee on Education and the Workforce of the House of Representatives not later than— (A) 2 years after the date of enactment of this section; and (B) 3 years after submission of the report under subparagraph (A). . (b) Technical and conforming amendment The table of sections for chapter 81 is amended by inserting after the item relating to section 8152 the following: 8153. Integrity and Compliance Program. . (c) Effective date This section and the amendments made by this section shall take effect on the date of enactment of this Act. 513. Amount of compensation (a) Injuries to face, head, and neck Section 8107(c)(21) is amended— (1) by striking not to exceed $3,500 in proportion to the severity of the disfigurement, not to exceed $50,000, (2) by adding at the end the following: The maximum amount of compensation under this paragraph shall be increased on March 1 of each year by the amount determined by the Secretary of Labor to represent the percent change in the price index published for December of the preceding year over the price index published for the December of the year prior to the preceding year, adjusted to the nearest one-tenth of 1 percent. (b) Funeral expenses Section 8134(a) is amended— (1) by striking $800 $6,000 (2) by adding at the end the following: The maximum amount of compensation under this subsection shall be increased on March 1 of each year by the amount determined by the Secretary of Labor to represent the percent change in the price index published for December of the preceding year over the price index published for the December of the year prior to the preceding year, adjusted to the nearest one-tenth of 1 percent. (c) Application The amendments made by this section shall apply to injuries or deaths, respectively, occurring on or after the date of enactment of this Act. 514. Terrorism injuries; zones of armed conflict (a) Covering terrorism injuries Section 8102(b) is amended in the matter preceding paragraph (1)— (1) by inserting or from an attack by a terrorist or terrorist organization, either known or unknown, force or individual, (2) by striking outside 1979) outside of the United States (b) Continuation of pay in a zone of armed conflict Section 8118, as amended by section 508(b) of this Act, is amended— (1) in subsection (b), by striking Continuation Except as provided under subsection (d)(2), continuation (2) in subsection (c), as redesignated by section 508(b)(4) of this Act, by striking subsection (a) subsection (a) or (d) (3) inserting before subsection (e) the following: (d) Continuation of pay in a zone of armed conflict (1) In general Notwithstanding subsection (a), the United States shall authorize the continuation of pay of an employee described in subparagraph (A), (C), (D), or (F) of section 8101(1), who— (A) files a claim for a period of wage loss due to an injury in performance of duty in a zone of armed conflict (as determined by the Secretary of Labor under paragraph (3)); and (B) files the claim for such wage loss benefit with the immediate superior of the employee not later than 45 days after the later of— (i) the termination of the assignment of the employee to the zone of armed conflict; or (ii) the return of the employee to the United States. (2) Continuation of pay Notwithstanding subsection (b), continuation of pay under this subsection shall be furnished for a period not to exceed 135 days without any break in time or waiting period, unless controverted under regulations prescribed by the Secretary of Labor. (3) Determination of zones of armed conflict For purposes of this subsection, the Secretary of Labor, in consultation with the Secretary of State and the Secretary of Defense, shall determine whether a foreign country or other foreign geographic area outside of the United States (as defined in section 202(a)(7) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4302(a)(7)) is a zone of armed conflict based on whether— (A) the Armed Forces of the United States are involved in hostilities in the country or area; (B) the incidence of civil insurrection, civil war, terrorism, or wartime conditions threatens physical harm or imminent danger to the health or well-being of United States civilian employees in the country or area; (C) the country or area has been designated a combat zone by the President under section 112(c) of the Internal Revenue Code of 1986; (D) a contingency operation involving combat operations directly affects civilian employees in the country or area; or (E) there exist other relevant conditions and factors. . 515. Technical and conforming amendments Chapter 81 is amended— (1) in section 8101(1)(D), by inserting for an injury that occurred before the effective date of section 204(e) of the District of Columbia Self-Government and Governmental Reorganization Act ( Public Law 93–198 5 U.S.C. 8101 (2) in section 8139, by inserting under this subchapter Compensation awarded (3) in section 8148(a), by striking section 8106 section 8106a 516. Regulations (a) In general As soon as possible after the date of enactment of this Act, the Secretary of Labor shall promulgate regulations (which may include interim final regulations) to carry out this title. (b) Contents The regulations promulgated under subsection (a) shall include, for purposes of the amendments made by sections 502 and 503, clarification of— (1) what is a claim; and (2) what is the date on which a period of disability, for which a claim is made, commences. 517. Effective date Except as otherwise provided in this title, this title and the amendments made by this title shall take effect 60 days after the date of enactment of this Act. VI Property management and expedited disposal of real property 601. Short title This title may be cited as the Federal Real Property Asset Management Reform Act of 2014 602. Purpose The purpose of this title is to increase the efficiency and effectiveness of the Federal Government in managing real property by— (1) requiring agencies to maintain an up-to-date inventory of real property; (2) establishing a Federal Real Property Council to develop guidance on and ensure the implementation of strategies for better managing Federal real property; and (3) authorizing a pilot program to expedite the disposal of surplus real property. 603. Property management and expedited disposal of real property Chapter 5 of subtitle I of title 40, United States Code, is amended by adding at the end the following: VII Property management and expedited disposal of real property 621. Definitions In this subchapter: (1) Administrator The term Administrator (2) Council The term Council (3) Director The term Director (4) Disposal The term disposal (5) Excess property The term excess property (6) Federal agency The term Federal agency (A) an executive department or independent establishment in the executive branch of the Government; or (B) a wholly owned Government corporation. (7) Field office The term field office (8) Postal property The term postal property (9) Surplus property (A) In general The term surplus property (B) Exclusions The term surplus property (i) any military installation (as defined in section 2910 of the Defense Base Closure and Realignment Act of 1990 ( 10 U.S.C. 2687 Public Law 101–510 (ii) any property that is excepted from the definition of the term property (iii) Indian and native Eskimo property held in trust by the Federal Government as described in section 3301(a)(5)(C)(iii); (iv) real property operated and maintained by the Tennessee Valley Authority pursuant to the Tennessee Valley Authority Act of 1933 ( 16 U.S.C. 831 et seq. (v) any real property the Director excludes for reasons of national security; (vi) any public lands (as defined in section 203 of the Public Lands Corps Act of 1993 (16 U.S.C. 1722)) administered by— (I) the Secretary of the Interior, acting through— (aa) the Director of the Bureau of Land Management; (bb) the Director of the National Park Service; (cc) the Commissioner of Reclamation; or (dd) the Director of the United States Fish and Wildlife Service; or (II) the Secretary of Agriculture, acting through the Chief of the Forest Service; or (vii) any property operated and maintained by the United States Postal Service. (10) Underutilized property The term underutilized property (A) irregularly or intermittently by the accountable Federal agency for program purposes of the Federal agency; or (B) for program purposes that can be satisfied with only a portion of the property. 622. Duties of Federal agencies Each Federal agency shall— (1) maintain adequate inventory controls and accountability systems for real property under the control of the Federal agency; (2) develop current and future workforce projections so as to have the capacity to assess the needs of the Federal workforce regarding the use of real property; (3) continuously survey real property under the control of the Federal agency to identify excess property, underutilized property, and other real property suitable to be used for— (A) colocation with other Federal agencies; or (B) consolidation with other facilities; (4) promptly report excess property and underutilized property to the Administrator; (5) establish goals that will lead the Federal agency to reduce excess property and underutilized property in the inventory of the Federal agency; (6) submit to the Council a report on all excess property and underutilized property in the inventory of the Federal agency, including— (A) whether underutilized property can be better utilized; and (B) the extent to which the Federal agency believes that the underutilized property serves the needs of the Federal agency to retain underutilized property; (7) adopt workplace practices, configurations, and management techniques that can achieve increased levels of productivity and decrease the need for real property assets; (8) assess leased space to identify space that is not fully used or occupied; (9) on an annual basis and subject to the guidance of the Council— (A) conduct an inventory of real property under control of the Federal agency; and (B) make an assessment of each real property, which shall include— (i) the age and condition of the property; (ii) the size of the property in square footage and acreage; (iii) the geographical location of the property, including an address and description; (iv) the extent to which the property is being utilized; (v) the actual annual operating costs associated with the property; (vi) the total cost of capital expenditures associated with the property; (vii) sustainability metrics associated with the property; (viii) the number of Federal employees and functions housed at the property; (ix) the extent to which the mission of the Federal agency is dependent on the property; (x) the estimated amount of capital expenditures projected to maintain and operate the property over each of the next 5 years after the date of enactment of this subchapter; and (xi) any additional information required by the Administrator to carry out section 625; and (10) provide to the Council and the Administrator the information described in paragraph (9)(B) to be used for the establishment and maintenance of the database described in section 625. 623. Colocation among United States Postal Service properties (a) Identification of postal property Each year, the Postmaster General may— (1) identify a list of postal properties with space available for use by Federal agencies; and (2) submit the list to the Council. (b) Submission of list of postal properties to Federal agencies (1) In general Not later than 30 days after the completion of a list under subsection (a), the Council shall provide the list to each Federal agency. (2) Review by Federal agencies Not later than 90 days after the receipt of the list submitted under paragraph (1), each Federal agency shall— (A) review the list; (B) identify real property assets under the control of the Federal agency; and (C) recommend colocations if appropriate. (c) Terms of colocation On approval of the recommendations under subsection (b) by the Postmaster General and the applicable agency head, the Federal agency or appropriate landholding entity may work with the Postmaster General to establish appropriate terms of a lease for each postal property. 624. Establishment of a Federal Real Property Council (a) Establishment There is established a Federal Real Property Council. (b) Purpose The purpose of the Council shall be to— (1) develop guidance and ensure implementation of an efficient and effective real property management strategy; (2) identify opportunities for the Federal Government to better manage real property assets; and (3) reduce the costs of managing real property, including operations, maintenance, and security. (c) Composition (1) In general The Council shall be composed exclusively of— (A) the senior real property officers of each Federal agency; (B) the Deputy Director for Management of the Office of Management and Budget; (C) the Controller of the Office of Management and Budget; (D) the Administrator; and (E) any other full-time or permanent part-time Federal officials or employees, as the Chairperson determines to be necessary. (2) Chairperson The Deputy Director for Management of the Office of Management and Budget shall serve as Chairperson of the Council. (3) Executive Director (A) In general The Chairperson shall designate an Executive Director to assist in carrying out the duties of the Council. (B) Qualifications; full-time The Executive Director shall— (i) be appointed from among individuals who have substantial experience in the areas of commercial real estate and development, real property management, and Federal operations and management; and (ii) serve full time. (d) Meetings (1) In general The Council shall meet subject to the call of the Chairperson. (2) Minimum The Council shall meet not fewer than 4 times each year. (e) Duties The Council, in consultation with the Director and the Administrator, shall— (1) not later than 1 year after the date of enactment of this subchapter, establish a real property management plan template, to be updated annually, which shall include performance measures, specific milestones, measurable savings, strategies, and Government-wide goals based on the goals established under section 622(5) to reduce surplus property or to achieve better utilization of underutilized property, and evaluation criteria to determine the effectiveness of real property management that are designed to— (A) enable Congress and heads of Federal agencies to track progress in the achievement of real property management objectives on a Government-wide basis; (B) improve the management of real property; and (C) allow for comparison of the performance of Federal agencies against industry and other public sector agencies in terms of performance; (2) develop standard use rates consistent throughout each category of space and with nongovernmental space use rates; (3) develop a strategy to reduce the reliance of Federal agencies on leased space for long-term needs if ownership would be less costly; (4) provide guidance on eliminating inefficiencies in the Federal leasing process; (5) compile a list of real property assets that are field offices that are suitable for colocation with other real property assets; and (6) not later than 1 year after the date of enactment of this subchapter and annually during the 4-year period beginning on the date that is 1 year after the date of enactment of this subchapter and ending on the date that is 5 years after the date of enactment of this subchapter, the Council shall submit to the Director a report that contains— (A) a list of the remaining excess, surplus, and underutilized properties of each Federal agency; (B) the progress of the Council toward developing guidance for Federal agencies to ensure that the assessment required under section 622(9)(B) is carried out in a uniform manner; and (C) the progress of Federal agencies toward achieving the goals established under section 622(5). (f) Consultation In carrying out the duties described in subsection (e), the Council shall also consult with representatives of— (1) State, local, tribal authorities, and affected communities; and (2) appropriate private sector entities and nongovernmental organizations that have expertise in areas of— (A) commercial real estate and development; (B) government management and operations; (C) space planning; (D) community development, including transportation and planning; and (E) historic preservation. (g) Council resources The Director and the Administrator shall provide staffing, and administrative support for the Council, as appropriate. 625. Federal real property inventory and database (a) In general Not later than 1 year after the date of enactment of this subchapter, the Administrator shall establish and maintain a single, comprehensive, and descriptive database of all real property under the custody and control of all Federal agencies. (b) Contents The database shall include— (1) information provided to the Administrator under section 622(10); and (2) a list of real property disposals completed, including— (A) the date and disposal method used for each real property; (B) the proceeds obtained from the disposal of each real property; (C) the amount of time required to dispose of the real property, including the date on which the real property is designated as excess property; (D) the date on which the property is designated as surplus property and the date on which the property is disposed; and (E) all costs associated with the disposal. (c) Accessibility (1) Committees The database established under subsection (a) shall be made available on request to the Committee on Homeland Security and Governmental Affairs and the Committee on Environment and Public Works of the Senate and the Committee on Oversight and Government Reform and the Committee on Transportation and Infrastructure of the House of Representatives. (2) General public Not later than 3 years after the date of enactment of this subchapter and to the extent consistent with national security, the Administrator shall make the database established under subsection (a) accessible to the public at no cost through the website of the General Services Administration. 626. Limitation on certain leasing authorities (a) In general Except as provided in subsection (b), not later than December 31 of each year following the date of enactment of this subchapter, a Federal agency with independent leasing authority shall submit to the Council a list of all leases, including operating leases, in effect on the date of enactment of this subchapter that includes— (1) the date on which each lease was executed; (2) the date on which each lease will expire; (3) a description of the size of the space; (4) the location of the property; (5) the tenant agency; (6) the total annual rental rate; and (7) the amount of the net present value of the total estimated legal obligations of the Federal Government over the life of the contract. (b) Exception Subsection (a) shall not apply to— (1) the United States Postal Service; (2) the Department of Veterans Affairs; or (3) any other property the President excludes from subsection (a) for reasons of national security. 627. Expedited disposal pilot program (a) Establishment The Director shall establish a pilot program for disposal of any surplus property by sale, transfer, or other means. (1) Properties for expedited disposal (A) In general On an annual basis, the Director may authorize the expedited disposal of not more than 200 surplus properties. (B) Priority In determining which properties to dispose of, the Director shall give priority to surplus properties that have the highest fair market value and the greatest potential for disposal. (C) Costs associated with disposal (i) In general The Administrator may obligate an amount to pay any direct and indirect costs under section 572 related to identifying and preparing properties to be reported as excess property by a Federal agency. (ii) Reimbursement An amount obligated under clause (i) shall be paid from the proceeds of any sale of real property under this subsection. (iii) Net proceeds Net proceeds shall be distributed under subsection (b). (D) Maximum net proceeds Any real property authorized for disposal by sale under subparagraph (A) shall be disposed of in a manner that, as determined by the Administrator in consultation with the head of the applicable Federal agency, is structured and marketed to maximize the value to the Federal Government. (E) Monetary proceeds requirement Surplus property may be disposed of under this section only if disposal of the property will generate monetary proceeds to the Federal Government that— (i) exceed the costs of disposal of the property; and (ii) are not less than 90 percent of fair market value. (F) Local government notification (i) Notification Not later than 30 days after the date on which the Director makes the authorization under subparagraph (A), the Director shall submit in writing to the appropriate local government unit in which the property is located a notification that includes a list of each applicable property authorized to be disposed of under subparagraph (A). (ii) Removal from pilot program (I) In general The Director, at the discretion of the Director, may remove a property for which notification has been provided under clause (i) from the pilot program established under subparagraph (A). (II) Replacement For each property removed from the pilot program under subclause (I), the Director may authorize the expedited disposal of 1 property not originally authorized under subparagraph (A). (2) Applicability of certain law Any expedited disposal of real property conducted under this section shall not be subject to— (A) any section of An Act Authorizing the Transfer of Certain Real Property for Wildlife, or Other Purposes ( 16 U.S.C. 667b (B) sections 107 and 317 of title 23; (C) sections 545(b)(8), 550, 553, 554, and 1304(b) of this title; (D) section 501 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11411 (E) section 47151 of title 49; or (F) section 13(d) of the Surplus Property Act of 1944 ( 50 U.S.C. App. 1622(d) (3) Effect Except as provided in paragraph (2), nothing in this subchapter terminates or in any way limits the authority of any Federal agency under any other provision of law to dispose of real property. (b) Use of proceeds (1) In general Of the proceeds received from the disposal of any real property under this subchapter— (A) not less than 80 percent shall be returned to the general fund of the Treasury for debt reduction; (B) the lesser of 18 percent or the share of proceeds otherwise authorized to be retained under law shall be retained by the Federal agency that has custody and is accountable for the real property, subject to paragraph (2); (C) not greater than 2 percent shall be made available to carry out section 628, subject to annual appropriations; and (D) any remaining share of the proceeds shall be returned to the general fund of the Treasury for Federal budget deficit reduction. (2) Limitation on use of proceeds Any proceeds retained by Federal agencies under this section shall be— (A) deposited into the appropriate real property account of the Federal agency that had custody and accountability for the real property, with the funds expended only as authorized in annual appropriations Acts; (B) used— (i) by not later than 2 years after the date of disposal of the real property; and (ii) only for activities relating to Federal real property asset management and disposal; and (C) if not used by the date described in subparagraph (B)(i), shall be deposited in the Treasury and used for Federal budget deficit reduction. (c) Public benefit (1) Conveyance Except as provided in paragraph (2), if a real property authorized to be disposed of under subsection (a) has not been disposed of by the date that is 2 years after the date the property is listed for sale, the Director, in consultation with the Administrator and the Secretary of Housing and Urban Development, may consider a request from the disposing Federal agency that the real property be conveyed to State and local governments or nonprofit organizations for various public purposes or uses as permitted by applicable law. (2) Predominant use and size standards (A) In general Any real property authorized to be disposed of under subsection (a) shall not be conveyed under paragraph (1) if— (i) the predominant use of the property is not for housing; and (ii) (I) the area of the property is not less than 25,000 square feet; or (II) the appraised fair market value of the property is greater than $1,000,000. (B) Appraised fair market value The appraised fair market value described in subparagraph (A)(ii)(II) shall be determined by the Federal agency with custody or control of the property, in consultation with the Administrator and standard appraisal practice. (d) Enforcement (1) Increase in size of inventory Except as provided in paragraph (2), if a Federal agency fails to make available for public sale the real property authorized for disposal under subsection (a) by the date that is 18 months after the date on which the authorization is made, that Federal agency, except for specific exceptions promulgated by the Director, shall not increase the size of the civilian real property inventory, unless the square footage of the increase is offset, within an appropriate time as determined by the Director, through consolidation, colocation, or disposal of another building space from the inventory of that Federal agency. (2) Exception Paragraph (1) shall not apply to a Federal agency that acquires any real property not under the administrative jurisdiction of the Federal Government, by sale or lease, until the Director submits a certification to Congress of the disposal of all of those surplus properties. (e) Termination of authority The authority provided by this section terminates on the date that is 5 years after the date of enactment of this subchapter. 628. Homeless assistance grants (a) Definitions In this section: (1) Eligible nonprofit organization The term eligible nonprofit organization (2) Homeless The term homeless 42 U.S.C. 11302 (3) Permanent housing The term permanent housing (4) Private nonprofit organization The term private nonprofit organization 42 U.S.C. 11360 (5) Representative of the homeless The term representative of the homeless 42 U.S.C. 11411(i) (6) Secretary The term Secretary (7) Transitional housing The term transitional housing 42 U.S.C. 11360 (b) Grant authority (1) In general To the extent amounts are made available under section 627(b)(1)(C) for use under this section, the Secretary shall make grants to eligible private nonprofit organizations through the continuum of care program established under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11381 et seq. (2) Terms and conditions Except as otherwise provided in this section, a grant under this section shall be subject to the same terms and conditions as a grant under the continuum of care program established under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.). (c) Use of properties for housing or shelter for the homeless (1) Eligible uses An eligible private nonprofit organization that receives a grant under subsection (b) shall use the amounts received only to purchase or rehabilitate real property to provide permanent housing, transitional housing, or temporary shelter to the homeless. (2) Term of use The Secretary may not make a grant under subsection (b) to an eligible private nonprofit organization unless the eligible private nonprofit organization provides to the Secretary such assurances as the Secretary determines necessary to ensure that any real property purchased or rehabilitated using amounts received under the grant is used only for the purposes described in paragraph (1) for a period of not less than 15 years. (d) Preference In awarding grants under subsection (b), the Secretary shall give preference to eligible private nonprofit organizations that operate within areas in which Federal real property is being sold under the disposal program authorized under section 627. (e) Regulations The Secretary may promulgate such regulations as are necessary to carry out this section. . 604. Report of the Comptroller General (a) Draft Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a draft report on the expedited disposal pilot program established by the amendments made by section 3. (b) Final Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a final report on the expedited disposal pilot program established by the amendments made by section 3. 605. Technical and conforming amendment The table of sections for chapter 5 of subtitle I of title 40, United States Code, is amended by inserting after the item relating to section 611 the following: SUBCHAPTER VII—Property management and expedited disposal of real property 621. Definitions. 622. Duties of Federal agencies. 623. Colocation among United States Postal Service properties. 624. Establishment of a Federal Real Property Council. 625. Federal real property inventory and database. 626. Limitation on certain leasing authorities. 627. Expedited disposal pilot program. 628. Homeless assistance grants. . July 31, 2014 Reported with an amendment

Postal Reform Act of 2014

(This measure has not been amended since it was introduced. The summary of that version is repeated here.) Stopping Tax Offenders and Prosecuting Identity Theft Act of 2013 or the STOP Identity Theft Act of 2013 - Calls for the Attorney General to: (1) make use of all existing resources of the Department of Justice (DOJ), including task forces, to bring more perpetrators of tax return identity theft to justice; and (2) take into account the need to concentrate efforts in areas of the country where the crime is most frequently reported, to coordinate with state and local authorities to prosecute and prevent such crime, and to protect vulnerable groups from becoming victims or otherwise being used in the offense. Amends the federal criminal code to: (1) include organizations as victims for purposes of prohibitions against identity theft or aggravated identity theft, and (2) subject an identity theft offense committed during and in relation to tax fraud to a fine and/or up to 20 years' imprisonment. Directs the Attorney General to include in the first annual DOJ performance report made more than nine months after the date of this Act's enactment information as to progress in implementing this Act regarding: (1) information readily available to DOJ about trends in the incidence of tax return identity theft, (2) the effectiveness of statutory tools in aiding DOJ in prosecuting it, (3) recommendations on additional statutory tools that would aid in removing barriers to effective prosecution, and (4) the status of implementing DOJ's March 2010 audit report on DOJ efforts to combat identity theft.

To provide effective criminal prosecutions for certain identity thefts, and for other purposes. 1. Short title This Act may be cited as the Stopping Tax Offenders and Prosecuting Identity Theft Act of 2013 STOP Identity Theft Act of 2013 2. Use of Department of Justice resources with regard to tax return identity theft (a) In general The Attorney General should make use of all existing resources of the Department of Justice, including any appropriate task forces, to bring more perpetrators of tax return identity theft to justice. (b) Considerations To be taken into account In carrying out this section, the Attorney General should take into account the following: (1) The need to concentrate efforts in those areas of the country where the crime is most frequently reported. (2) The need to coordinate with State and local authorities for the most efficient use of their laws and resources to prosecute and prevent the crime. (3) The need to protect vulnerable groups, such as veterans, seniors, and minors (especially foster children) from becoming victims or otherwise used in the offense. 3. Victims of identity theft may include organizations Chapter 47 (1) in section 1028— (A) in subsection (a)(7), by inserting (including an organization) another person (B) in subsection (d)(7), in the matter preceding subparagraph (A), by inserting or other person specific individual (2) in section 1028A(a)(1), by inserting (including an organization) another person 4. Identity theft for purposes of tax fraud Section 1028(b)(3) of title 18, United States Code, is amended— (1) in subparagraph (B), by striking or (2) in subparagraph (C), by inserting or (3) by adding at the end the following: (D) during and in relation to a felony under section 7206 or 7207 of the Internal Revenue Code of 1986; . 5. Reporting requirement (a) Generally Beginning with the first report made more than 9 months after the date of the enactment of this Act under section 1116 of title 31, United States Code, the Attorney General shall include in such report the information described in subsection (b) of this section as to progress in implementing this Act and the amendments made by this Act. (b) Contents The information referred to in subsection (a) is as follows: (1) Information readily available to the Department of Justice about trends in the incidence of tax return identity theft. (2) The effectiveness of statutory tools, including those provided by this Act, in aiding the Department of Justice in the prosecution of tax return identity theft. (3) Recommendations on additional statutory tools that would aid in removing barriers to effective prosecution of tax return identity theft. (4) The status on implementing the recommendations of the Department’s March 2010 Audit Report 10–21 entitled The Department of Justice’s Efforts to Combat Identity Theft March 6, 2014 Reported without amendment

STOP Identity Theft Act of 2013

Justice Against Sponsors of Terrorism Act - Amends the federal judicial code to include among the exceptions to U.S. jurisdictional immunity of foreign states any statutory or common law tort claim arising out of an act of extrajudicial killing, aircraft sabotage, hostage taking, terrorism, or the provision of material support or resources for such an act, or any claim for contribution or indemnity relating to a claim arising out of such an act. Amends the federal criminal code to: (1) impose liability on any person who aids, abets, or conspires with a person who commits an act of international terrorism that is committed, planned, or authorized by a designated foreign terrorist organization and that injures a U.S. national; and (2) repeal provisions prohibiting civil actions against foreign states or foreign officials for damages related to acts of terrorism. Grants U.S. district courts personal jurisdiction, to the maximum extent permissible under the Fifth Amendment, over any person who commits or aids and abets an act of international terrorism, or who otherwise sponsors such act or the person who committed such an act, that injures a U.S. national. Makes this Act applicable to any civil action: (1) pending on, or commenced on or after, this Act's enactment date; and (2) arising out of an injury to a person, property, or business on or after September 11, 2001.

To deter terrorism, provide justice for victims, and for other purposes. 1. Short title This Act may be cited as the Justice Against Sponsors of Terrorism Act 2. Findings and purpose (a) Findings Congress finds the following: (1) International terrorism is a serious and deadly problem that threatens the vital interests of the United States. (2) The Constitution confers upon Congress the power to punish crimes against the law of nations and to carry out the treaty obligations of the United States, and therefore Congress may by law impose penalties relating to the provision of material support to foreign organizations engaged in terrorist activity, and allow for victims of international terrorism to recover damages from those who have harmed them. (3) International terrorism affects the interstate and foreign commerce of the United States by harming international trade and market stability, and limiting international travel by United States citizens as well as foreign visitors to the United States. (4) Some foreign terrorist organizations, acting through affiliated groups or individuals, raise significant funds outside of the United States for conduct directed and targeted at the United States. (5) Foreign organizations that engage in terrorist activity are so tainted by their criminal conduct that any contribution to such an organization facilitates that conduct. (6) The imposition of civil liability at every point along the causal chain of terrorism is necessary to deter the flow of money, which is the lifeblood of terrorism. As recognized by Judge Richard Posner in Boim v. Holy Land Foundation for Relief and Development, 549 F.3d 685, 690–91 (7th Cir. 2008) (en banc), [d]amages are a less effective remedy against terrorists and their organizations than against their financial angels[,] … suits against financiers of terrorism can cut the terrorists’ lifeline (7) It is necessary to explicitly recognize the substantive causes of action for aiding and abetting and conspiracy liability under the Anti-Terrorism Act of 1987 (22 U.S.C. 5201 et seq.), especially given that the United States Courts of Appeals for the 2d and 7th Circuits have held that such theories of liability currently are not available. See Rothstein v. UBS AG, 708 F.3d 82 (2d Cir. 2013); Boim v. Holy Land Foundation for Relief and Development, 549 F.3d 685 (7th Cir. 2008) (en banc). (8) The decision of the United States Court of Appeals for the District of Columbia in Halberstam v. Welch, 705 F.2d 472 (D.C. Cir. 1983), which has been widely recognized as the leading case regarding Federal civil aiding and abetting and conspiracy liability, including by the Supreme Court of the United States, provides the proper legal framework for how such liability should function in the context of the Anti-Terrorism Act of 1987 ( 22 U.S.C. 5201 et seq. (9) The United Nations Security Council declared in Resolution 1373, adopted on September 28, 2001, that all countries have an affirmative obligation to “[r]efrain from providing any form of support, active or passive, to entities or persons involved in terrorist acts,” and to [e]nsure that any person who participates in the financing, planning, preparation or perpetration of terrorist acts or in supporting terrorist acts is brought to justice (10) Consistent with these declarations, no country has the discretion to engage knowingly in the financing or sponsorship of terrorism, whether directly or indirectly. (11) Persons, entities, or countries that knowingly or recklessly contribute material support or resources, directly or indirectly, to persons or organizations that pose a significant risk of committing acts of terrorism that threaten the security of nationals of the United States or the national security, foreign policy, or economy of the United States, necessarily direct their conduct at the United States, and should reasonably anticipate being brought to court in the United States to answer for such activities. (12) The United States has a vital interest in providing persons and entities injured as a result of terrorist attacks committed within the United States with full access to the court system in order to pursue civil claims against persons, entities, or countries that have knowingly or recklessly provided material support or resources, directly or indirectly, to the persons or organizations responsible for their injuries. (b) Purpose The purpose of this Act is to provide civil litigants with the broadest possible basis, consistent with the Constitution of the United States, to seek relief against persons, entities, and foreign countries, wherever acting and wherever they may be found, that have provided material support or resources, directly or indirectly, to foreign organizations or persons that engage in terrorist activities against the United States. 3. Foreign sovereign immunity Section 1605(a) of title 28, United States Code, is amended— (1) by amending paragraph (5) to read as follows: (5) not otherwise encompassed in paragraph (2), in which money damages are sought against a foreign state arising out of physical injury or death, or damage to or loss of property, occurring in the United States and caused by the tortious act or omission of that foreign state or of any official or employee of that foreign state while acting within the scope of the office or employment of the official or employee (regardless of where the underlying tortious act or omission occurs), including any statutory or common law tort claim arising out of an act of extrajudicial killing, aircraft sabotage, hostage taking, terrorism, or the provision of material support or resources for such an act, or any claim for contribution or indemnity relating to a claim arising out of such an act, except this paragraph shall not apply to— (A) any claim based upon the exercise or performance of, or the failure to exercise or perform, a discretionary function, regardless of whether the discretion is abused; or (B) any claim arising out of malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, interference with contract rights, or any claim for emotional distress or derivative injury suffered as a result of an event or injury to another person that occurs outside of the United States; or ; and (2) by inserting after subsection (d) the following: (e) Definitions For purposes of subsection (a)(5)— (1) the terms aircraft sabotage extrajudicial killing hostage taking material support or resources (2) the term terrorism . 4. Aiding and abetting liability for civil actions regarding terrorist acts (a) In general Section 2333 of title 18, United States Code, is amended by adding at the end the following: (d) Liability In an action arising under subsection (a), liability may be asserted as to the person or persons who committed such act of international terrorism or any person or entity that aided, abetted, or conspired with the person or persons who committed such an act of international terrorism. (e) Non-Applicability of law of preclusion Any civil action or claim that seeks recovery under this chapter for conduct that was the basis of a civil action or claim previously dismissed for lack of subject matter jurisdiction for failure to meet the requirements for an exception under section 1605(a) of title 28 is not subject to dismissal under the law of preclusion. . (b) Effect on Foreign Sovereign Immunities Act Nothing in the amendments made by this section affects immunity of a foreign state, as that term is defined in section 1603 5. Jurisdiction for civil actions regarding terrorist acts Section 2334 (e) Jurisdiction The district courts shall have personal jurisdiction, to the maximum extent permissible under the 5th Amendment to the Constitution of the United States, over any person who commits, aids and abets an act of international terrorism, or provides material support or resources as set forth in sections 2339A, 2339B, or 2339C, for acts of international terrorism in which any national of the United States suffers injury in his or her person, property, or business by reason of such an act in violation of section 2333. . 6. Liability for Government officials in civil actions regarding terrorist acts Section 2337 2337. Suits against Government officials No action may be maintained under section 2333 against— (a) the United States; (b) an agency of the United States; or (c) an officer or employee of the United States or any agency of the United States acting within the official capacity of the officer or employee or under color of legal authority. . 7. Severability If any provision of this Act or any amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be invalid, the remainder of this Act and the amendments made by this Act, and the application of the provisions and amendments to any other person not similarly situated or to other circumstances, shall not be affected by the holding. 8. Effective Date The amendments made by this Act shall apply to any civil action pending on, or commenced on or after, the date of enactment of this Act. 1. Short title This Act may be cited as the Justice Against Sponsors of Terrorism Act 2. Findings and purpose (a) Findings Congress finds the following: (1) International terrorism is a serious and deadly problem that threatens the vital interests of the United States. (2) The Constitution confers upon Congress the power to punish crimes against the law of nations and therefore Congress may by law impose penalties on those who provide material support to foreign organizations engaged in terrorist activity, and allow for victims of international terrorism to recover damages from those who have harmed them. (3) International terrorism affects the interstate and foreign commerce of the United States by harming international trade and market stability, and limiting international travel by United States citizens as well as foreign visitors to the United States. (4) Some foreign terrorist organizations, acting through affiliated groups or individuals, raise significant funds outside of the United States for conduct directed and targeted at the United States. (5) It is necessary to recognize the substantive causes of action for aiding and abetting and conspiracy liability under the Anti-Terrorism Act of 1987 (22 U.S.C. 5201 et seq.). (6) The decision of the United States Court of Appeals for the District of Columbia in Halberstam v. Welch, 705 F.2d 472 (D.C. Cir. 1983), which has been widely recognized as the leading case regarding Federal civil aiding and abetting and conspiracy liability, including by the Supreme Court of the United States, provides the proper legal framework for how such liability should function in the context of the Anti-Terrorism Act of 1987 ( 22 U.S.C. 5201 et seq. (7) The United Nations Security Council declared in Resolution 1373, adopted on September 28, 2001, that all countries have an affirmative obligation to “[r]efrain from providing any form of support, active or passive, to entities or persons involved in terrorist acts,” and to [e]nsure that any person who participates in the financing, planning, preparation or perpetration of terrorist acts or in supporting terrorist acts is brought to justice (8) Consistent with these declarations, no country has the discretion to engage knowingly in the financing or sponsorship of terrorism, whether directly or indirectly. (9) Persons, entities, or countries that knowingly or recklessly contribute material support or resources, directly or indirectly, to persons or organizations that pose a significant risk of committing acts of terrorism that threaten the security of nationals of the United States or the national security, foreign policy, or economy of the United States, necessarily direct their conduct at the United States, and should reasonably anticipate being brought to court in the United States to answer for such activities. (10) The United States has a vital interest in providing persons and entities injured as a result of terrorist attacks committed within the United States with full access to the court system in order to pursue civil claims against persons, entities, or countries that have knowingly or recklessly provided material support or resources, directly or indirectly, to the persons or organizations responsible for their injuries. (b) Purpose The purpose of this Act is to provide civil litigants with the broadest possible basis, consistent with the Constitution of the United States, to seek relief against persons, entities, and foreign countries, wherever acting and wherever they may be found, that have provided material support, directly or indirectly, to foreign organizations or persons that engage in terrorist activities against the United States. 3. Foreign sovereign immunity Section 1605(a) of title 28, United States Code, is amended— (1) by amending paragraph (5) to read as follows: (5) not otherwise encompassed in paragraph (2), in which money damages are sought against a foreign state arising out of physical injury or death, or damage to or loss of property, occurring in the United States and caused by the tortious act or omission of that foreign state or of any official or employee of that foreign state while acting within the scope of the office or employment of the official or employee (regardless of where the underlying tortious act or omission occurs), including any statutory or common law tort claim arising out of an act of extrajudicial killing, aircraft sabotage, hostage taking, terrorism, or the provision of material support or resources for such an act, or any claim for contribution or indemnity relating to a claim arising out of such an act, except this paragraph shall not apply to— (A) any claim based upon the exercise or performance of, or the failure to exercise or perform, a discretionary function, regardless of whether the discretion is abused; or (B) any claim arising out of malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, interference with contract rights, or any claim for emotional distress or derivative injury suffered as a result of an event or injury to another person that occurs outside of the United States; or ; and (2) by inserting after subsection (d) the following: (e) Definitions For purposes of subsection (a)(5)— (1) the terms aircraft sabotage extrajudicial killing hostage taking material support or resources (2) the term terrorism . 4. Aiding and abetting liability for civil actions regarding terrorist acts (a) In general Section 2333 of title 18, United States Code, is amended by adding at the end the following: (d) Liability In an action under subsection (a) for an injury arising from an act of international terrorism committed, planned, or authorized by an organization that had been designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 (e) Non-applicability of law of preclusion Any civil action or claim that seeks recovery under this chapter for conduct that was the basis of a civil action or claim previously dismissed for lack of subject matter jurisdiction for failure to meet the requirements for an exception under section 1605(a) of title 28 is not subject to dismissal under the law of preclusion. . (b) Effect on Foreign Sovereign Immunities Act Nothing in the amendments made by this section affects immunity of a foreign state, as that term is defined in section 1603 5. Personal jurisdiction for civil actions regarding terrorist acts Section 2334 (e) Personal jurisdiction The district courts shall have personal jurisdiction, to the maximum extent permissible under the 5th Amendment to the Constitution of the United States, over any person who commits or aids and abets an act of international terrorism or otherwise sponsors such act or the person who committed such act, for acts of international terrorism in which any national of the United States suffers injury in his or her person, property, or business by reason of such an act in violation of section 2333. . 6. Liability for Government officials in civil actions regarding terrorist acts Section 2337 2337. Suits against Government officials No action may be maintained under section 2333 against— (1) the United States; (2) an agency of the United States; or (3) an officer or employee of the United States or any agency of the United States acting within the official capacity of the officer or employee or under color of legal authority. . 7. Severability If any provision of this Act or any amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be invalid, the remainder of this Act and the amendments made by this Act, and the application of the provisions and amendments to any other person not similarly situated or to other circumstances, shall not be affected by the holding. 8. Effective Date The amendments made by this Act shall apply to any civil action— (1) pending on, or commenced on or after, the date of enactment of this Act; and (2) arising out of an injury to a person, property, or business on or after September 11, 2001. September 15, 2014 Reported with an amendment

Justice Against Sponsors of Terrorism Act

Older Americans Act Reauthorization Act of 2014 - (Sec. 3) Amends the Older Americans Act of 1965 (OAA), with respect to the Administration on Aging to require the Director of the Office of Long-Term Care Ombudsman Programs to collect and analyze best practices related to responding to elder abuse, neglect, and exploitation in long-term care facilities, and publish a report of such best practices. Makes it a duty and function of the Administration to: (1) provide information and technical assistance to states, area agencies on aging, and service providers, in collaboration with relevant federal agencies, on providing efficient person-centered transportation services, including across geographic boundaries; (2) identify model programs and provide information and technical assistance to the same entities to support modernization of multipurpose senior centers; and (3) provide technical assistance to and share best practices with states, area agencies on again, and Aging and Disability Resource Centers (ADRCs, on how to collaborate and coordinate services with health care entities in order to improve care coordination for individuals with multiple chronic illnesses. Directs the Assistant Secretary of Aging to: (1) develop, when feasible, a consumer-friendly tool to assist older individuals and their families in choosing home and community-based services, with a particular focus on ways for consumers to assess how providers protect the health, safety, welfare, and rights of older individuals; and (2) ensure that programs authorized under OAA include training in the prevention of abuse, neglect, and exploitation and provision of services that address elder justice and exploitation of older individuals. Requires ADRCs to provide information and referrals regarding available home and community-based services for individuals who are at risk for residing in, or who reside in, institutional settings, so that the individuals have the choice to remain in or to return to the community. Extends through FY2018 the authorization of appropriations for the Administration, including the Eldercare Locator Service and pension counseling and information programs. (Sec. 4) Reauthorizes appropriations for FY2014-FY2018 for: (1) specified supportive services, (2) congregate nutrition services, (3) home delivered nutrition services, (4) disease prevention and heath promotion services, (5) family caregiver support, and (6) the Nutrition Services Incentive Program. Requires an area agency on aging plan to: (1) support modernization of multipurpose senior centers (including a plan to use the skills and services of older individuals in paid and unpaid work, including multigenerational and older individual to older individual work); and (2) arrange to increase public awareness of elder abuse, neglect, and exploitation, and remove barriers to education, prevention, investigation, and treatment of elder abuse, neglect, and exploitation. Directs the Assistant Secretary to make grants to states for supportive services that include chronic condition self-care management and falls prevention services. Requires health screening services to include: (1) mental and behavioral health screening and falls prevention screening; as well as (2) screening for elder abuse, neglect, and exploitation. Requires state nutritional projects to: (1) encourage the use of locally grown foods in meal preparations, and (2) contract with local producers and providers of locally grown foods. Specifies that grants to states to provide, at multipurpose senior centers, at congregate meal sites, through home delivered meals programs, or at other appropriate sites disease prevention and health promotion services and information (as under current law) must be evidence-based. Modifies the National Family Caregiver Support Program, making permanent the funding for the caregiver allotment. Redesignates grandparents and older individuals who are relative caregivers "older relative caregivers." (Sec. 5) Authorizes the Assistant Secretary to make grants for continuing support for program integrity initiatives concerning the Medicare program that train senior volunteers to prevent and identify health care fraud and abuse. Extends through FY2018 training, research, and discretionary projects and programs grant programs relating to older Americans. Requires that specified grants and contracts provide for national trainings for directors of grant programs on aging instead of (as currently) an annual national meeting to train such directors. Repeals the restriction of certain grants to national nonprofit organizations experienced in providing nationwide support and technical assistance to entities interested in the legal rights of older individuals. Allows such grants to go to any nonprofit organization so experienced. Repeals certain grants for multidisciplinary centers and multidisciplinary systems, computer training, and ombudsman and advocacy demonstration project. (Sec. 6) Extends through FY2018 the authorization of appropriations for community service senior opportunities programs. (Sec. 7) Extends through FY2018 the authorization of appropriations for grants for the delivery of supportive services, including nutrition services to older American Indians, Alaskan Natives, and Native Hawaiians. (Sec. 8) Revises requirements for ombudsman programs and vulnerable elder rights protection activities, among other changes: (1) extending a State Long-Term Care Ombudsman's responsiblity to any resident of a long-term care facility regardless of age; (2) making the State Long-Term Care Ombudsman responsible for the management, including fiscal management, of his or her Office; and (3) requiring the Ombudsman, when feasible, to continue to carry out certain functions on behalf of residents transitioning from a long-term care facility to a home care setting. Requires the State Ombudsman and any designated local Ombudsman entity to identify, investigate, and resolve complaints of any residents of a long-term care facility, including residents with limited or no decisionmaking capacity and who have no known legal representative. Requires a state to ensure that the access of Office representatives to long-term care facilities and residents be private and unimpeded. Considers the Ombudsman and an Office representative to be a "health oversight agency" for purposes of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) so that release of residents' individually identifiable health information to the Ombudsman or representative is not precluded in cases in which specified requirements are otherwise met. Revises conflict of interest requirements in the designation of an Ombudsman and any situation in which the Office is placed in a state organization. Requires a state agency on aging to: (1) promote the submission of data on elder abuse, neglect, and exploitation for appropriate Administration or other designated databases; and (2) support and study innovative practices in communities to develop elder justice partnerships across disciplines for the prevention, investigation, and prosecution of abuse, neglect, and exploitation. (Sec. 9) Includes behavioral health in programs for mental health. (Sec. 10) Directs the Comptroller General (GAO) to study transportation services for older individuals. (Sec. 11) Directs the Assistant Secretary for Aging to issue guidance to states on serving Holocaust survivors.

To reauthorize the Older Americans Act of 1965, and for other purposes. 1. Short title This Act may be cited as the Older Americans Act Reauthorization Act of 2013 2. Definitions Section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 (1) by striking paragraph (1) and inserting the following: (1) The term abuse ; (2) by striking paragraph (4) and inserting the following: (4) The term Aging and Disability Resource Center 42 U.S.C. 12102 (A) comprehensive information on the full range of available public and private long-term care programs, options, service providers, and resources within a community, including information on the availability of integrated long-term care services, and Federal or State programs that provide long-term care services and supports through home and community-based service programs; (B) person-centered counseling to assist individuals in assessing their existing or anticipated long-term care needs and goals, and developing and implementing a person-centered plan for long-term care that is consistent with the desires of such an individual and designed to meet the individual's specific needs, goals, and circumstances; (C) access for individuals to the full range of publicly supported long-term care services and supports for which the individuals may be eligible, including home and community-based service options, by serving as a convenient point of entry for such programs and supports; and (D) in cooperation with area agencies on aging, centers for independent living described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ; (3) in paragraph (14)(B), by inserting oral health, bone density, (4) by striking paragraph (17) and inserting the following: (17) The term elder justice (A) from a societal perspective, efforts to— (i) prevent, detect, treat, intervene in, and prosecute elder abuse, neglect, and exploitation; and (ii) protect older individuals with diminished capacity while maximizing their autonomy; and (B) from an individual perspective, the recognition of an older individual’s rights, including the right to be free of abuse, neglect, and exploitation. ; (5) in paragraph (18)(A), by striking term exploitation terms exploitation financial exploitation (6) by adding at the end the following: (55) The term adult protective services (A) receiving reports of adult abuse, neglect, or exploitation; (B) investigating the reports described in subparagraph (A); (C) case planning, monitoring, evaluation, and other casework and services; and (D) providing, arranging for, or facilitating the provision of medical, social service, economic, legal, housing, law enforcement, or other protective, emergency, or support services. . 3. Administration on Aging (a) Best practices Section 201 of the Older Americans Act of 1965 (42 U.S.C. 3011) is amended— (1) in subsection (d)(3)— (A) in subparagraph (K), by striking and (B) in subparagraph (L)— (i) by striking Older Americans Act Amendments of 1992 Older Americans Act Reauthorization Act of 2013 (ii) by striking 712(h)(4). 712(h)(5); and (C) by adding at the end the following: (M) collect and analyze best practices related to responding to elder abuse, neglect, and exploitation in long-term care facilities, and publish a report of such best practices. ; and (2) in subsection (e)(2), in the matter preceding subparagraph (A), by inserting , and in coordination with the heads of State adult protective services programs and the Director of the Office of Long-Term Care Ombudsman Programs and services (b) Training Section 202 of the Older Americans Act of 1965 ( 42 U.S.C. 3012 (1) in subsection (a)— (A) in paragraph (5), by inserting health and economic needs of older individuals (B) in paragraph (7), by inserting health and economic welfare (C) in paragraph (14), by inserting (including the Health Resources and Services Administration) other agencies (D) in paragraph (27), by striking and (E) in paragraph (28), by striking the period and inserting a semicolon; and (F) by adding at the end the following: (29) provide information and technical assistance to States, area agencies on aging, and service providers, in collaboration with relevant Federal agencies, on providing efficient, person-centered transportation services, including across geographic boundaries; (30) identify model programs and provide information and technical assistance to States, area agencies on aging, and service providers (including providers operating multipurpose senior centers), to support the modernization of multipurpose senior centers; and (31) provide technical assistance to and share best practices with States, area agencies on aging, and Aging and Disability Resource Centers, on how to collaborate and coordinate services with health care entities, such as Federally-qualified health centers, as defined in section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B)), in order to improve care coordination for individuals with multiple chronic illnesses. ; (2) in subsection (b)— (A) in paragraph (5)— (i) in subparagraph (B), by striking and (ii) in subparagraph (C), by inserting and (iii) by adding at the end the following: (D) when feasible, developing, in consultation with States and national organizations, a consumer-friendly tool to assist older individuals and their families in choosing home and community-based services, with a particular focus on ways for consumers to assess how providers protect the health, safety, welfare, and rights, including the rights provided under section 314, of older individuals; ; and (B) in paragraph (8)— (i) in subparagraph (B), by inserting to identify and articulate goals of care and individuals (ii) in subparagraph (D)— (I) by inserting respond to or plan (II) by striking future long-term care needs; and long-term care needs; (iii) in subparagraph (E), by adding and (iv) by adding at the end the following: (F) to provide information and referrals regarding available home and community-based services for individuals who are at risk for residing in, or who reside in, institutional settings, so that the individuals have the choice to remain in or to return to the community. ; and (3) by adding at the end the following: (g) The Assistant Secretary shall, as appropriate, ensure that programs authorized under this Act include appropriate training in the prevention of abuse, neglect, and exploitation and provision of services that address elder justice and the exploitation of older individuals. . (c) Authorization of appropriations Section 216 of the Older Americans Act of 1965 ( 42 U.S.C. 3020f (1) in subsection (a), by striking 2007, 2008, 2009, 2010, and 2011 2014, 2015, 2016, 2017, and 2018 (2) in subsection (b)— (A) by striking 202(a)(24) 202(a)(21) (B) by striking 2007, 2008, 2009, 2010, and 2011 2014, 2015, 2016, 2017, and 2018 (3) in subsection (c), by striking 2007, 2008, 2009, 2010, and 2011 2014, 2015, 2016, 2017, and 2018 4. State and community programs on aging (a) Authorization of appropriations Section 303 of the Older Americans Act of 1965 ( 42 U.S.C. 3023 (1) in subsection (a)(1), by striking fiscal years 2007 each of fiscal years 2014 through 2018. (2) in subsection (b)— (A) in paragraph (1), by striking fiscal years 2007 each of fiscal years 2014 through 2018. (B) in paragraph (2), by striking fiscal years 2007 each of fiscal years 2014 through 2018. (3) in subsection (d), by striking fiscal years 2007 each of fiscal years 2014 through 2018. (4) in subsection (e)(2), by striking 2011 2011 and each of fiscal years 2014 through 2018 (b) Conforming amendment Section 304(b) of the Older Americans Act of 1965 ( 42 U.S.C. 3024(b) subpart 1 of (c) Planning and service areas Section 305(b)(5)(C)(i)(III) of the Older Americans Act of 1965 ( 42 U.S.C. 3025(b)(5)(C)(i)(III) planning and services areas planning and service areas (d) Area plans Section 306 of the Older Americans Act of 1965 (42 U.S.C. 3026) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking establishment, maintenance, or construction of multipurpose senior centers, establishment, maintenance, modernization, or construction of multipurpose senior centers (including a plan to use the skills and services of older individuals in paid and unpaid work, including multigenerational and older individual to older individual work), (B) in paragraph (6)— (i) in subparagraph (G), by adding and (ii) by adding at the end the following: (H) in coordination with the State agency and with the State agency responsible for elder abuse prevention services, increase public awareness of elder abuse, neglect, and exploitation, and remove barriers to education, prevention, investigation, and treatment of elder abuse neglect, and exploitation education, as appropriate; ; and (2) in subsection (b)(3)— (A) in subparagraph (J), by striking and (B) by redesignating subparagraph (K) as subparagraph (L); and (C) by inserting after subparagraph (J) the following: (K) protection from elder abuse, neglect, and exploitation; and . (e) Nutrition services incentive program Section 311(e) of the Older Americans Act of 1965 ( 42 U.S.C. 3030a(e) fiscal year 2007 each of fiscal years 2014 through 2018. (f) Supportive services Section 321 of the Older Americans Act of 1965 (42 U.S.C. 3030d) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking or referral services referral, chronic condition self-care management, or falls prevention services (B) in paragraph (8), by striking (including (including mental and behavioral health screening and falls prevention services screening) to detect or prevent (or both) illnesses and injuries that occur most frequently in older individuals; (C) in paragraph (15), by inserting before the semicolon the following: , and screening for elder abuse, neglect, and exploitation (2) in subsection (b)(1), by inserting or modernization construction (3) in subsection (c), by inserting before the period the following: , and pursue opportunities for the development of intergenerational shared site models for programs or projects, consistent with the purposes of this Act (g) Home delivered nutrition services program Section 336(a)(1) of the Older Americans Act of 1965 ( 42 U.S.C. 3030f(a)(1) canned meals canned, or fresh foods and, as appropriate, supplemental foods, and any additional meals (h) Nutrition services Section 339 of the Older Americans Act of 1965 (42 U.S.C. 3030g–21) is amended— (1) in paragraph (1), by striking solicit utilize (2) in paragraph (2)— (A) in subparagraph (J), by striking and (B) in subparagraph (K), by striking the period and inserting ; and (C) by adding at the end the following: (L) where feasible, encourages the use of locally grown foods in meal programs and identifies potential partnerships and contracts with local producers and providers of locally grown foods. . (i) Evidence-Based disease prevention and health promotion services program Part D of title III of the Older Americans Act of 1965 ( 42 U.S.C. 3030m et seq. (1) in the part heading, by inserting Evidence-Based Disease (2) in section 361(a), by inserting evidence-based to provide (j) Older relative caregivers (1) Technical amendment Part E of title III of the Older Americans Act of 1965 ( 42 U.S.C. 3030s et seq. (2) Definitions Section 372 of such Act ( 42 U.S.C. 3030s (A) in subsection (a)— (i) in paragraph (1), by striking or who is an individual with a disability (ii) by striking paragraph (2) and inserting the following: (2) Individual with a disability The term individual with a disability 42 U.S.C. 12102 (3) Older relative caregiver The term older relative caregiver (A) (i) is 55 years of age or older; and (ii) lives with, is the informal provider of in-home and community care to, and is the primary caregiver for, a child or an individual with a disability; (B) in the case of a caregiver for a child— (i) is the grandparent, step­grand­par­ent, or other relative (other than the parent) by blood, marriage, or adoption, of the child; (ii) is the primary caregiver of the child because the biological or adoptive parents are unable or unwilling to serve as the primary caregivers of the child; and (iii) has a legal relationship to the child, such as legal custody, adoption, or guardianship, or is raising the child informally; and (C) in the case of a caregiver for an individual with a disability, is the parent, grandparent, or other relative by blood, marriage, or adoption, of the individual with a disability. ; and (B) in subsection (b)— (i) by striking subpart family caregivers part, for family caregivers (ii) by striking ; and (iii) by striking paragraph (2). (k) National family caregiver support program Section 373 of the Older Americans Act of 1965 ( 42 U.S.C. 3030s–1 (1) in subsection (a)(2), by striking grandparents or older individuals who are relative caregivers. older relative caregivers. (2) in subsection (c)— (A) in paragraph (1), in the matter preceding subparagraph (A), by striking grandparents and older individuals who are relative caregivers, and who older relative caregivers, who (B) in paragraph (2)(B), by striking to older individuals providing care to individuals with severe disabilities, including children with severe disabilities to older relative caregivers of children with severe disabilities, or individuals with disabilities who have severe disabilities (3) in subsection (e)(3), by striking grandparents or older individuals who are relative caregivers older relative caregivers (4) in subsection (f)(1)(A), by striking for fiscal years 2007, 2008, 2009, 2010, and 2011 for a fiscal year (5) in subsection (g)(2)(C), by striking grandparents and older individuals who are relative caregivers of a child who is not more than 18 years of age older relative caregivers (l) Conforming amendment Part E of title III is amended by striking this subpart this part 5. Activities for health, independence, and longevity (a) Grant programs Section 411 of the Older Americans Act of 1965 ( 42 U.S.C. 3032 (1) in subsection (a)— (A) in paragraph (12), by striking and (B) by redesignating paragraph (13) as paragraph (14); and (C) by inserting after paragraph (12) the following: (13) continuing support for program integrity initiatives concerning the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ; and (2) in subsection (b), by striking for fiscal years 2007 2011 for each of fiscal years 2014 through 2018 (b) Native american programs Section 418(b) of the Older Americans Act of 1965 ( 42 U.S.C. 3032g(b) a national meeting to train national trainings for (c) Legal assistance for older americans Section 420(c) of the Older Americans Act of 1965 ( 42 U.S.C. 3032i(c) national (d) Repeals Sections 415, 419, and 421 of the Older Americans Act of 1965 ( 42 U.S.C. 3032d (e) Conforming amendment Section 417(a)(1) of the Older Americans Act of 1965 ( 42 U.S.C. 3032f(a)(1) grandparents and other older individuals who are relative caregivers older relative caregivers (as defined in section 372) 6. Community service senior opportunities Section 517(a) of the Older Americans Act of 1965 ( 42 U.S.C. 3056o(a) fiscal years 2007, 2008, 2009, 2010, and 2011 each of fiscal years 2014 through 2018 7. Grants for Native Americans Section 643(2) of the Older Americans Act of 1965 ( 42 U.S.C. 3057n(2) fiscal year 2011 each of fiscal years 2014 through 2018 8. Vulnerable elder rights protection activities (a) Ombudsman definitions Section 711(6) of the Older Americans Act of 1965 ( 42 U.S.C. 3058f(6) older (b) Ombudsman programs Section 712 of the Older Americans Act of 1965 ( 42 U.S.C. 3058g (1) in subsection (a)— (A) in paragraph (2), by adding at the end the following: The Ombudsman shall be responsible for the management, including the fiscal management, of the Office. (B) in paragraph (3)— (i) in subparagraph (A), by striking clause (i) and inserting the following: (i) are made by, or on behalf of, residents, including residents with limited or no decision-making capacity and who have no known legal representative, and if such a resident is unable to communicate consent for an Ombudsman to work on a complaint directly involving the resident, the Ombudsman shall seek evidence to indicate what outcome the resident would have communicated (and, in the absence of evidence to the contrary, shall assume that the resident wishes to have the resident’s health, safety, welfare, and rights protected) and shall work to accomplish that outcome; and ; (ii) in subparagraph (D), by striking regular and timely regular, timely, private, and unimpeded (iii) in subparagraph (H)(iii)— (I) by inserting , actively encourage, and assist in provide technical support for (II) by striking and (iv) by redesignating subparagraph (I) as subparagraph (J); and (v) by inserting after subparagraph (H) the following: (I) when feasible, continue to carry out the functions described in this section on behalf of residents transitioning from a long-term care facility to a home care setting; and ; and (C) in paragraph (5)(B)— (i) in clause (vi)— (I) by inserting , actively encourage, and assist in support (II) by striking and (ii) by redesignating clause (vii) as clause (viii); and (iii) by inserting after clause (vi) the following: (vii) identify, investigate, and resolve complaints described in clause (iii) that are made by or on behalf of residents with limited or no decision-making capacity and who have no known legal representative, and if such a resident is unable to communicate consent for an Ombudsman to work on a complaint directly involving the resident, the Ombudsman shall seek evidence to indicate what outcome the resident would have communicated (and, in the absence of evidence to the contrary, shall assume that the resident wishes to have the resident’s health, safety, welfare, and rights protected) and shall work to accomplish that outcome; and ; (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (A), by striking access private and unimpeded access (ii) in subparagraph (B)— (I) in clause (i)— (aa) in the matter preceding subclause (I), by striking the medical and social records of a all files, records, and other information concerning a (bb) in subclause (II), by striking to consent to communicate consent (II) in clause (ii), in the matter before subclause (I), by striking the records the files, records, and information (B) by adding at the end the following: (3) Health oversight agency For purposes of section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (including regulations issued under that section) (42 U.S.C. 1320d–2 note), the Ombudsman and a representative of the Office shall be considered a health oversight agency, ; (3) in subsection (d)— (A) in paragraph (1), by striking files files, records, and other information (B) in paragraph (2)— (i) in subparagraph (A)— (I) by striking files and records files, records, and other information (II) by striking and (ii) in subparagraph (B)— (I) by striking files or records files, records, or other information (II) in clause (iii), by striking the period at the end and inserting ; and (iii) by adding at the end the following: (C) notwithstanding subparagraph (B), ensure that the Ombudsman may disclose information as needed in order to best serve residents with limited or no decision-making capacity who have no known legal representative and are unable to communicate consent, in order for the Ombudsman to carry out the functions and duties described in paragraphs (3)(A)(i) and (5)(B)(vi) of subsection (a). ; (4) by striking subsection (f) and inserting the following: (f) Conflict of interest (1) Individual conflict of interest The State agency shall— (A) ensure that no individual, or member of the immediate family of an individual, involved in the designation of the Ombudsman (whether by appointment or otherwise) or the designation of an entity designated under subsection (a)(5), is subject to a conflict of interest; (B) ensure that no officer or employee of the Office, representative of a local Ombudsman entity, or member of the immediate family of the officer, employee, or representative, is subject to a conflict of interest; and (C) ensure that the Ombudsman— (i) does not have a direct involvement in the licensing or certification of a long-term care facility or of a provider of a long-term care service; (ii) does not have an ownership or investment interest (represented by equity, debt, or other financial relationship) in a long-term care facility or a long-term care service; (iii) is not employed by, or participating in the management of, a long-term care facility or a related organization, and has not been employed by such a facility or organization within 1 year before the date of the determination involved; (iv) does not receive, or have the right to receive, directly or indirectly, remuneration (in cash or in kind) under a compensation arrangement with an owner or operator of a long-term care facility; (v) does not have management responsibility for, or operate under the supervision of an individual with management responsibility for, adult protective services; and (vi) does not serve as a guardian or in another fiduciary capacity for residents of long-term care facilities in an official capacity (as opposed to serving as a guardian or fiduciary for a family member, in a personal capacity). (2) Organizational conflict of interest (A) In general The State agency shall comply with subparagraph (B)(i) in a case in which the Office poses an organizational conflict of interest, including a situation in which the Office is placed in an organization that— (i) is responsible for licensing, certifying or surveying long-term care services in the State; (ii) is an association (or an affiliate of such an association) of long-term care facilities, or of any other residential facilities for older individuals; (iii) provides long-term care services, including programs carried out under a Medicaid waiver approved under section 1115 of the Social Security Act ( 42 U.S.C. 1315 (iv) provides long-term care case management; (v) sets rates for long-term care services; (vi) provides adult protective services; (vii) is responsible for eligibility determinations for the Medicaid program carried out under title XIX, of the Social Security Act ( 42 U.S.C. 1395 et seq. (viii) conducts preadmission screening for placements in facilities described in clause (ii); or (ix) makes decisions regarding admission or discharge of individuals to or from such facilities. (B) Identifying, removing, and remedying organizational conflict (i) In general The State agency may not operate the Office or carry out the program, directly, or by contract or other arrangement with any public agency or nonprofit private organization, in a case in which there is an organizational conflict of interest (within the meaning of subparagraph (A)) unless such conflict of interest has been— (I) identified by the State agency; (II) disclosed by the State agency to the Assistant Secretary in writing; and (III) remedied in accordance with this subparagraph. (ii) Action by Assistant Secretary In a case in which a potential or actual organizational conflict of interest (within the meaning of subparagraph (A)) involving the Office is disclosed or reported to the Assistant Secretary by any person or entity, the Assistant Secretary shall require that the State agency, in accordance with the policies and procedures established by the State agency under section 705(a)(5)(D)(iii)— (I) remove the conflict; or (II) submit, and obtain the approval of the Assistant Secretary for, an adequate remedial plan that indicates how the Ombudsman will be unencumbered in fulfilling all of the functions specified in subsection (a)(3). ; and (5) in subsection (h)— (A) in paragraph (3)(A)(i), by striking older (B) in paragraph (4), by striking all that precedes procedures (4) strengthen and update ; (C) by redesignating paragraphs (4) through (9) as paragraphs (5) through (10), respectively; (D) by inserting after paragraph (3) the following: (4) ensure that the Ombudsman or a designee participates in training provided by the National Ombudsman Resource Center established in section 202(a)(18); ; (E) in paragraph (6)(A), as redesignated by subparagraph (B) of this paragraph, by striking paragraph (4) paragraph (5) (F) in paragraph (7)(A), as redesignated by subparagraph (B) of this paragraph, by striking subtitle C of the subtitle C of title I of the (G) in paragraph (10), as redesignated by subparagraph (B) of this paragraph, by striking (6), or (7) (7), or (8) (c) Ombudsman regulations Section 713 of the Older Americans Act of 1965 ( 42 U.S.C. 3058h (1) in paragraph (1), by striking paragraphs (1) and (2) of section 712(f) subparagraphs (A) and (B) of section 712(f)(1) (2) in paragraph (2), by striking subparagraphs (A) through (D) of section 712(f)(3) clauses (i) through (vi) of section 712(f)(1)(C) (d) Prevention of elder abuse, neglect, and exploitation Section 721 of the Older Americans Act of 1965 ( 42 U.S.C. 3058i (1) in subsection (b)— (A) by redesignating paragraphs (5) through (12) as paragraphs (6) through (13), respectively; (B) by inserting after paragraph (4) the following: (5) promoting the submission of data on elder abuse, neglect, and exploitation for the appropriate database of the Administration or another database specified by the Assistant Secretary; ; (C) in paragraph (10)(C), as redesignated by paragraph (1) of this subsection— (i) in clause (ii), by inserting , such as forensic specialists, such personnel (ii) in clause (v), by inserting before the comma the following: , including programs and arrangements that protect against financial exploitation (D) in paragraph (12), as redesignated by paragraph (1) of this subsection— (i) in subparagraph (D), by striking and (ii) by adding at the end the following: (F) supporting and studying innovative practices in communities to develop partnerships across disciplines for the prevention, investigation, and prosecution of abuse, neglect, and exploitation; and ; and (2) in subsection (e)(2), in the matter preceding subparagraph (A)— (A) by striking subsection (b)(9)(B)(i) subsection (b)(10)(B)(i) (B) by striking subsection (b)(9)(B)(ii) subsection (b)(10)(B)(ii) 9. Behavioral health The Older Americans Act of 1965 is amended— (1) in section 102 ( 42 U.S.C. 3002 (A) in paragraph (14)(G), by inserting and behavioral mental (B) in paragraph (36), by inserting and behavioral mental (C) in paragraph (47)(B), by inserting and behavioral mental (2) in section 201(f)(1) ( 42 U.S.C. 3011(f)(1) and behavioral mental (3) in section 202(a)(5) ( 42 U.S.C. 3012(a)(5) and behavioral mental (4) in section 306(a) ( 42 U.S.C. 3026(a) (A) in paragraph (2)(A), by inserting and behavioral mental (B) in paragraph (6)(F), by striking mental health services mental and behavioral health services (5) in section 321(a) ( 42 U.S.C. 3030d (A) in paragraph (1), as amended by section 4(f), by inserting and behavioral mental (B) in paragraph (8), as amended by section 4(f), by inserting and behavioral mental (C) in paragraph (14)(B), by inserting and behavioral mental (D) in paragraph (23), by inserting and behavioral mental 10. Study on transportation services (a) Study (1) In general Because access to transportation services is critical for millions of older individuals in the United States, to allow them to maintain independence, health, and quality of life, the Comptroller General of the United States shall conduct a study of transportation services for older individuals. (2) Contents In conducting the study, the Comptroller General— (A) shall identify challenges and barriers affecting the aging network in providing, accessing, or coordinating efficient and effective transportation services, including challenges and barriers in coordinating services with Federal agencies and programs such as the Department of Transportation and Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. (B) shall examine any Federal program requirements that may result in challenges or barriers to the coordination of transportation services within the aging network at the local level. (b) Report Not later than 18 months after the date of enactment of this Act, the Comptroller General shall issue a report. The report shall contain a detailed description of the findings and conclusions of the study, including any recommendations for administrative and other changes to enhance transportation services provided by the aging network. The Comptroller General shall submit the report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. 11. Guidance on serving Holocaust survivors (a) In general Because the services under the Older Americans Act of 1965 ( 42 U.S.C. 3001 et seq. (b) Contents The guidance shall include the following: (1) How nutrition service providers may meet the special health-related or other dietary needs of participants in programs under the Older Americans Act of 1965, including needs based on religious, cultural, or ethnic requirements. (2) How transportation service providers may address the urgent transportation needs of Holocaust survivors. (3) How State long-term care ombudsmen may address the unique needs of residents of long-term care facilities for whom institutional settings may produce sights, sounds, smells, emotions, and routines, that can induce panic, anxiety, and retraumatization as a result of experiences from the Holocaust. (4) How supportive services providers may consider the unique needs of Holocaust survivors. (5) How other services provided under that Act, as determined by the Assistant Secretary for Aging, may serve Holocaust survivors. (c) Date of issuance The guidance described in subsection (a) shall be issued not later than 180 days after the date of enactment of this Act. 1. Short title This Act may be cited as the Older Americans Act Reauthorization Act of 2014 2. Definitions Section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 (1) by striking paragraph (1) and inserting the following: (1) The term abuse ; (2) by striking paragraph (3) and inserting the following: (3) The term adult protective services (A) receiving reports of adult abuse, neglect, or exploitation; (B) investigating the reports described in subparagraph (A); (C) case planning, monitoring, evaluation, and other casework and services; and (D) providing, arranging for, or facilitating the provision of medical, social service, economic, legal, housing, law enforcement, or other protective, emergency, or support services. ; (3) by striking paragraph (4) and inserting the following: (4) The term Aging and Disability Resource Center 42 U.S.C. 12102 (A) comprehensive information on the full range of available public and private long-term care programs, options, service providers, and resources within a community, including information on the availability of integrated long-term care services, and Federal or State programs that provide long-term care services and supports through home and community-based service programs; (B) person-centered counseling to assist individuals in assessing their existing or anticipated long-term care needs and goals, and developing and implementing a person-centered plan for long-term care that is consistent with the desires of such an individual and designed to meet the individual's specific needs, goals, and circumstances; (C) access for individuals to the full range of publicly-supported long-term care services and supports for which the individuals may be eligible, including home and community-based service options, by serving as a convenient point of entry for such programs and supports; and (D) in cooperation with area agencies on aging, centers for independent living described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ; (4) in paragraph (14)(B), by inserting oral health, bone density, (5) by striking paragraph (17) and inserting the following: (17) The term elder justice (A) from a societal perspective, efforts to— (i) prevent, detect, treat, intervene in, and prosecute elder abuse, neglect, and exploitation; and (ii) protect older individuals with diminished capacity while maximizing their autonomy; and (B) from an individual perspective, the recognition of an older individual’s rights, including the right to be free of abuse, neglect, and exploitation. ; and (6) in paragraph (18)(A), by striking term exploitation terms exploitation financial exploitation 3. Administration on Aging (a) Best practices Section 201 of the Older Americans Act of 1965 (42 U.S.C. 3011) is amended— (1) in subsection (d)(3)— (A) in subparagraph (K), by striking and (B) in subparagraph (L)— (i) by striking Older Americans Act Amendments of 1992 Older Americans Act Reauthorization Act of 2014 (ii) by striking 712(h)(4). 712(h)(5); and (C) by adding at the end the following: (M) collect and analyze best practices related to responding to elder abuse, neglect, and exploitation in long-term care facilities, and publish a report of such best practices. ; and (2) in subsection (e)(2), in the matter preceding subparagraph (A), by inserting , and in coordination with the heads of State adult protective services programs and the Director of the Office of Long-Term Care Ombudsman Programs and services (b) Training Section 202 of the Older Americans Act of 1965 ( 42 U.S.C. 3012 (1) in subsection (a)— (A) in paragraph (5), by inserting health and economic needs of older individuals (B) in paragraph (7), by inserting health and economic welfare (C) in paragraph (14), by inserting (including the Health Resources and Services Administration) other agencies (D) in paragraph (27), by striking and (E) in paragraph (28), by striking the period and inserting a semicolon; and (F) by adding at the end the following: (29) provide information and technical assistance to States, area agencies on aging, and service providers, in collaboration with relevant Federal agencies, on providing efficient, person-centered transportation services, including across geographic boundaries; (30) identify model programs and provide information and technical assistance to States, area agencies on aging, and service providers (including providers operating multipurpose senior centers), to support the modernization of multipurpose senior centers; and (31) provide technical assistance to and share best practices with States, area agencies on aging, and Aging and Disability Resource Centers, on how to collaborate and coordinate services with health care entities, such as Federally-qualified health centers, as defined in section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B)), in order to improve care coordination for individuals with multiple chronic illnesses. ; (2) in subsection (b)— (A) in paragraph (5)— (i) in subparagraph (B), by striking and (ii) in subparagraph (C), by inserting and (iii) by adding at the end the following: (D) when feasible, developing, in consultation with States and national organizations, a consumer-friendly tool to assist older individuals and their families in choosing home and community-based services, with a particular focus on ways for consumers to assess how providers protect the health, safety, welfare, and rights, including the rights provided under section 314, of older individuals; ; (B) in paragraph (8)— (i) in subparagraph (B), by inserting to identify and articulate goals of care and individuals (ii) in subparagraph (D)— (I) by inserting respond to or plan (II) by striking future long-term care needs; and long-term care needs; (iii) in subparagraph (E), by adding and (iv) by adding at the end the following: (F) to provide information and referrals regarding available home and community-based services for individuals who are at risk for residing in, or who reside in, institutional settings, so that the individuals have the choice to remain in or to return to the community; ; and (3) by adding at the end the following: (g) The Assistant Secretary shall, as appropriate, ensure that programs authorized under this Act include appropriate training in the prevention of abuse, neglect, and exploitation and provision of services that address elder justice and the exploitation of older individuals. . (c) Authorization of appropriations Section 216 of the Older Americans Act of 1965 ( 42 U.S.C. 3020f (1) in subsection (a), by striking 2007, 2008, 2009, 2010, and 2011 2014, 2015, 2016, 2017, and 2018 (2) in subsection (b)— (A) by striking 202(a)(24) 202(a)(21) (B) by striking 2007, 2008, 2009, 2010, and 2011 2014, 2015, 2016, 2017, and 2018 (3) in subsection (c), by striking 2007, 2008, 2009, 2010, and 2011 2014, 2015, 2016, 2017, and 2018 4. State and community programs on aging (a) Authorization of appropriations Section 303 of the Older Americans Act of 1965 ( 42 U.S.C. 3023 (1) in subsection (a)(1), by striking fiscal years 2007 each of fiscal years 2014 through 2018. (2) in subsection (b)— (A) in paragraph (1), by striking fiscal years 2007 each of fiscal years 2014 through 2018. (B) in paragraph (2), by striking fiscal years 2007 each of fiscal years 2014 through 2018. (3) in subsection (d), by striking fiscal years 2007 each of fiscal years 2014 through 2018. (4) in subsection (e)(2), by striking 2011 2011 and each of fiscal years 2014 through 2018 (b) Conforming amendment Section 304(b) of the Older Americans Act of 1965 ( 42 U.S.C. 3024(b) subpart 1 of (c) Planning and service areas Section 305(b)(5)(C)(i)(III) of the Older Americans Act of 1965 ( 42 U.S.C. 3025(b)(5)(C)(i)(III) planning and services areas planning and service areas (d) Area plans Section 306 of the Older Americans Act of 1965 (42 U.S.C. 3026) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking establishment, maintenance, or construction of multipurpose senior centers, establishment, maintenance, modernization, or construction of multipurpose senior centers (including a plan to use the skills and services of older individuals in paid and unpaid work, including multigenerational and older individual to older individual work), (B) in paragraph (6)— (i) in subparagraph (G), by adding and (ii) by adding at the end the following: (H) in coordination with the State agency and with the State agency responsible for elder abuse prevention services, increase public awareness of elder abuse, neglect, and exploitation, and remove barriers to education, prevention, investigation, and treatment of elder abuse, neglect, and exploitation, as appropriate; ; and (2) in subsection (b)(3)— (A) in subparagraph (J), by striking and (B) by redesignating subparagraph (K) as subparagraph (L); and (C) by inserting after subparagraph (J) the following: (K) protection from elder abuse, neglect, and exploitation; and . (e) Nutrition services incentive program Section 311(e) of the Older Americans Act of 1965 ( 42 U.S.C. 3030a(e) fiscal year 2007 each of fiscal years 2014 through 2018. (f) Supportive services Section 321 of the Older Americans Act of 1965 (42 U.S.C. 3030d) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking or referral services referral, chronic condition self-care management, or falls prevention services (B) in paragraph (8), by striking (including (including mental and behavioral health screening and falls prevention services screening) to detect or prevent (or both) illnesses and injuries that occur most frequently in older individuals; (C) in paragraph (15), by inserting before the semicolon the following: , and screening for elder abuse, neglect, and exploitation (2) in subsection (b)(1), by inserting or modernization construction (3) in subsection (c), by inserting before the period the following: , and pursue opportunities for the development of intergenerational shared site models for programs or projects, consistent with the purposes of this Act (4) by adding at the end the following: (e) In this section, the term adult child with a disability (1) is age 18 or older; (2) is financially dependent on an older individual who is a parent of the child; and (3) has a disability. . (g) Home delivered nutrition services program Section 336(1) of the Older Americans Act of 1965 ( 42 U.S.C. 3030f(1) canned meals canned, or fresh foods and, as appropriate, supplemental foods, and any additional meals (h) Nutrition services Section 339 of the Older Americans Act of 1965 (42 U.S.C. 3030g–21) is amended (1) in paragraph (1), by striking solicit utilize (2) in paragraph (2)— (A) in subparagraph (J), by striking and (B) in subparagraph (K), by striking the period and inserting , and (C) by adding at the end the following: (L) where feasible, encourages the use of locally grown foods in meal programs and identifies potential partnerships and contracts with local producers and providers of locally grown foods. . (i) Evidence-Based disease prevention and health promotion services program Part D of title III of the Older Americans Act of 1965 ( 42 U.S.C. 3030m et seq. (1) in the part heading, by inserting Evidence-Based Disease (2) in section 361(a), by inserting evidence-based to provide (j) Older relative caregivers (1) Technical amendment Part E of title III of the Older Americans Act of 1965 ( 42 U.S.C. 3030s et seq. (2) Definitions Section 372 of such Act ( 42 U.S.C. 3030s (A) in subsection (a)— (i) in paragraph (1), by striking or who is an individual with a disability (ii) by striking paragraph (2) and inserting the following: (2) Individual with a disability The term individual with a disability 42 U.S.C. 12102 (3) Older relative caregiver The term older relative caregiver (A) (i) is age 55 or older; and (ii) lives with, is the informal provider of in-home and community care to, and is the primary caregiver for, a child or an individual with a disability; (B) in the case of a caregiver for a child— (i) is the grandparent, stepgrandparent, or other relative (other than the parent) by blood, marriage, or adoption, of the child; (ii) is the primary caregiver of the child because the biological or adoptive parents are unable or unwilling to serve as the primary caregivers of the child; and (iii) has a legal relationship to the child, such as legal custody, adoption, or guardianship, or is raising the child informally; and (C) in the case of a caregiver for an individual with a disability, is the parent, grandparent, or other relative by blood, marriage, or adoption, of the individual with a disability. ; and (B) in subsection (b)— (i) by striking subpart family caregivers part, for family caregivers (ii) by striking ; and (iii) by striking paragraph (2). (k) National family caregiver support program Section 373 of the Older Americans Act of 1965 ( 42 U.S.C. 3030s–1 (1) in subsection (a)(2), by striking grandparents or older individuals who are relative caregivers. older relative caregivers. (2) in subsection (c)— (A) in paragraph (1), in the matter preceding subparagraph (A), by striking grandparents and older individuals who are relative caregivers, and who older relative caregivers, who (B) in paragraph (2)(B), by striking to older individuals providing care to individuals with severe disabilities, including children with severe disabilities to older relative caregivers of children with severe disabilities, or individuals with disabilities who have severe disabilities (3) in subsection (e)(3), by striking grandparents or older individuals who are relative caregivers older relative caregivers (4) in subsection (f)(1)(A), by striking for fiscal years 2007, 2008, 2009, 2010, and 2011 for a fiscal year (5) in subsection (g)(2)(C), by striking grandparents and older individuals who are relative caregivers of a child who is not more than 18 years of age older relative caregivers (l) Conforming amendment Part E of title III is amended by striking this subpart this part 5. Activities for health, independence, and longevity (a) Grant programs Section 411 of the Older Americans Act of 1965 ( 42 U.S.C. 3032 (1) in subsection (a)— (A) in paragraph (12), by striking and (B) by redesignating paragraph (13) as paragraph (14); and (C) by inserting after paragraph (12) the following: (13) continuing support for program integrity initiatives concerning the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ; (2) in subsection (b), by striking for fiscal years 2007 2011 for each of fiscal years 2014 through 2018 (b) Native american programs Section 418(b) of the Older Americans Act of 1965 ( 42 U.S.C. 3032g(b) a national meeting to train national trainings for (c) Legal assistance for older americans Section 420(c) of the Older Americans Act of 1965 ( 42 U.S.C. 3032i(c) national (d) Repeals Sections 415, 419, and 421 of the Older Americans Act of 1965 ( 42 U.S.C. 3032d (e) Conforming amendment Section 417(a)(1)(A) of the Older Americans Act of 1965 ( 42 U.S.C. 3032f(a)(1)(A) grandparents and other older individuals who are relative caregivers older relative caregivers (as defined in section 372) 6. Community service senior opportunities Section 517(a) of the Older Americans Act of 1965 ( 42 U.S.C. 3056o(a) fiscal years 2007, 2008, 2009, 2010, and 2011 each of fiscal years 2014 through 2018 7. Grants for Native Americans Section 643(2) of the Older Americans Act of 1965 ( 42 U.S.C. 3057n(2) fiscal year 2011 each of fiscal years 2014 through 2018 8. Vulnerable elder rights protection activities (a) Ombudsman definitions Section 711(6) of the Older Americans Act of 1965 ( 42 U.S.C. 3058f(6) older (b) Ombudsman programs Section 712 of the Older Americans Act of 1965 ( 42 U.S.C. 3058g (1) in subsection (a)— (A) in paragraph (2), by adding at the end the following: The Ombudsman shall be responsible for the management, including the fiscal management, of the Office. (B) in paragraph (3)— (i) in subparagraph (A), by striking clause (i) and inserting the following: (i) are made by, or on behalf of, residents, including residents with limited or no decisionmaking capacity and who have no known legal representative, and if such a resident is unable to communicate consent for an Ombudsman to work on a complaint directly involving the resident, the Ombudsman shall seek evidence to indicate what outcome the resident would have communicated (and, in the absence of evidence to the contrary, shall assume that the resident wishes to have the resident’s health, safety, welfare, and rights protected) and shall work to accomplish that outcome; and ; (ii) in subparagraph (D), by striking regular and timely regular, timely, private, and unimpeded (iii) in subparagraph (H)(iii)— (I) by inserting , actively encourage, and assist in provide technical support for (II) by striking and (iv) by redesignating subparagraph (I) as subparagraph (J); and (v) by inserting after subparagraph (H) the following: (I) when feasible, continue to carry out the functions described in this section on behalf of residents transitioning from a long-term care facility to a home care setting; and ; (C) in paragraph (5)(B)— (i) in clause (vi)— (I) by inserting , actively encourage, and assist in support (II) by striking and (ii) by redesignating clause (vii) as clause (viii); and (iii) by inserting after clause (vi) the following: (vii) identify, investigate, and resolve complaints described in clause (iii) that are made by or on behalf of residents with limited or no decisionmaking capacity and who have no known legal representative, and if such a resident is unable to communicate consent for an Ombudsman to work on a complaint directly involving the resident, the Ombudsman shall seek evidence to indicate what outcome the resident would have communicated (and, in the absence of evidence to the contrary, shall assume that the resident wishes to have the resident’s health, safety, welfare, and rights protected) and shall work to accomplish that outcome; and ; (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (A), by striking access private and unimpeded access (ii) in subparagraph (B)— (I) in clause (i)— (aa) in the matter preceding subclause (I), by striking the medical and social records of a all files, records, and other information concerning a (bb) in subclause (II), by striking to consent to communicate consent (II) in clause (ii), in the matter before subclause (I), by striking the records the files, records, and information (B) by adding at the end the following: (3) Health oversight agency For purposes of section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (including regulations issued under that section) (42 U.S.C. 1320d–2 note), the Ombudsman and a representative of the Office shall be considered a health oversight agency, ; (3) in subsection (d)— (A) in paragraph (1), by striking files files, records, and other information (B) in paragraph (2)— (i) in subparagraph (A)— (I) by striking files and records files, records, and other information (II) by striking and (ii) in subparagraph (B)— (I) by striking files or records files, records, or other information (II) in clause (iii), by striking the period at the end and inserting ; and (iii) by adding at the end the following: (C) notwithstanding subparagraph (B), ensure that the Ombudsman may disclose information as needed in order to best serve residents with limited or no decisionmaking capacity who have no known legal representative and are unable to communicate consent, in order for the Ombudsman to carry out the functions and duties described in paragraphs (3)(A) and (5)(B) of subsection (a). ; and (4) by striking subsection (f) and inserting the following: (f) Conflict of interest (1) Individual conflict of interest The State agency shall— (A) ensure that no individual, or member of the immediate family of an individual, involved in the designation of the Ombudsman (whether by appointment or otherwise) or the designation of an entity designated under subsection (a)(5), is subject to a conflict of interest; (B) ensure that no officer or employee of the Office, representative of a local Ombudsman entity, or member of the immediate family of the officer, employee, or representative, is subject to a conflict of interest; and (C) ensure that the Ombudsman— (i) does not have a direct involvement in the licensing or certification of a long-term care facility or of a provider of a long-term care service; (ii) does not have an ownership or investment interest (represented by equity, debt, or other financial relationship) in a long-term care facility or a long-term care service; (iii) is not employed by, or participating in the management of, a long-term care facility or a related organization, and has not been employed by such a facility or organization within 1 year before the date of the determination involved; (iv) does not receive, or have the right to receive, directly or indirectly, remuneration (in cash or in kind) under a compensation arrangement with an owner or operator of a long-term care facility; (v) does not have management responsibility for, or operate under the supervision of an individual with management responsibility for, adult protective services; and (vi) does not serve as a guardian or in another fiduciary capacity for residents of long-term care facilities in an official capacity (as opposed to serving as a guardian or fiduciary for a family member, in a personal capacity). (2) Organizational conflict of interest (A) In general The State agency shall comply with subparagraph (B)(i) in a case in which the Office poses an organizational conflict of interest, including a situation in which the Office is placed in an organization that— (i) is responsible for licensing, certifying, or surveying long-term care services in the State; (ii) is an association (or an affiliate of such an association) of long-term care facilities, or of any other residential facilities for older individuals; (iii) provides long-term care services, including programs carried out under a Medicaid waiver approved under section 1115 of the Social Security Act ( 42 U.S.C. 1315 (iv) provides long-term care case management; (v) sets rates for long-term care services; (vi) provides adult protective services; (vii) is responsible for eligibility determinations for the Medicaid program carried out under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. (viii) conducts preadmission screening for placements in facilities described in clause (ii); or (ix) makes decisions regarding admission or discharge of individuals to or from such facilities. (B) Identifying, removing, and remedying organizational conflict (i) In general The State agency may not operate the Office or carry out the program, directly, or by contract or other arrangement with any public agency or nonprofit private organization, in a case in which there is an organizational conflict of interest (within the meaning of subparagraph (A)) unless such conflict of interest has been— (I) identified by the State agency; (II) disclosed by the State agency to the Assistant Secretary in writing; and (III) remedied in accordance with this subparagraph. (ii) Action by Assistant Secretary In a case in which a potential or actual organizational conflict of interest (within the meaning of subparagraph (A)) involving the Office is disclosed or reported to the Assistant Secretary by any person or entity, the Assistant Secretary shall require that the State agency, in accordance with the policies and procedures established by the State agency under subsection (a)(5)(D)(iii)— (I) remove the conflict; or (II) submit, and obtain the approval of the Assistant Secretary for, an adequate remedial plan that indicates how the Ombudsman will be unencumbered in fulfilling all of the functions specified in subsection (a)(3). ; and (5) in subsection (h)— (A) in paragraph (3)(A)(i), by striking older (B) in paragraph (4), by striking all that precedes procedures (4) strengthen and update ; (C) by redesignating paragraphs (4) through (9) as paragraphs (5) through (10), respectively; (D) by inserting after paragraph (3) the following: (4) ensure that the Ombudsman or a designee participates in training provided by the National Ombudsman Resource Center established in section 202(a)(18); ; (E) in paragraph (6)(A), as redesignated by subparagraph (B) of this paragraph, by striking paragraph (4) paragraph (5) (F) in paragraph (7)(A), as redesignated by subparagraph (B) of this paragraph, by striking subtitle C of the subtitle C of title I of the (G) in paragraph (10), as redesignated by subparagraph (B) of this paragraph, by striking (6), or (7) (7), or (8) (c) Ombudsman regulations Section 713 of the Older Americans Act of 1965 ( 42 U.S.C. 3058h (1) in paragraph (1), by striking paragraphs (1) and (2) of section 712(f) subparagraphs (A) and (B) of section 712(f)(1) (2) in paragraph (2), by striking subparagraphs (A) through (D) of section 712(f)(3) clauses (i) through (vi) of section 712(f)(1)(C) (d) Prevention of elder abuse, neglect, and exploitation Section 721 of the Older Americans Act of 1965 ( 42 U.S.C. 3058i (1) in subsection (b)— (A) in the matter preceding paragraph (1), by striking (including financial exploitation) (B) by redesignating paragraphs (5) through (12) as paragraphs (6) through (13), respectively; (C) by inserting after paragraph (4) the following: (5) promoting the submission of data on elder abuse, neglect, and exploitation for the appropriate database of the Administration or another database specified by the Assistant Secretary; ; (D) in paragraph (10)(C), as redesignated by subparagraph (B) of this paragraph— (i) in clause (ii), by inserting , such as forensic specialists, such personnel (ii) in clause (v), by inserting before the comma the following: , including programs and arrangements that protect against financial exploitation (E) in paragraph (12), as redesignated by subparagraph (B) of this paragraph— (i) in subparagraph (D), by striking and (ii) by adding at the end the following: (F) supporting and studying innovative practices in communities to develop partnerships across disciplines for the prevention, investigation, and prosecution of abuse, neglect, and exploitation; and ; and (2) in subsection (e)(2), in the matter preceding subparagraph (A)— (A) by striking subsection (b)(9)(B)(i) subsection (b)(10)(B)(i) (B) by striking subsection (b)(9)(B)(ii) subsection (b)(10)(B)(ii) 9. Behavioral health The Older Americans Act of 1965 is amended— (1) in section 102 ( 42 U.S.C. 3002 (A) in paragraph (14)(G), by inserting and behavioral mental (B) in paragraph (36), by inserting and behavioral mental (C) in paragraph (47)(B), by inserting and behavioral mental (2) in section 201(f)(1) ( 42 U.S.C. 3011(f)(1) and behavioral mental (3) in section 202(a)(5) ( 42 U.S.C. 3012(a)(5) and behavioral mental (4) in section 306(a) ( 42 U.S.C. 3026(a) (A) in paragraph (2)(A), by inserting and behavioral mental (B) in paragraph (6)(F), by striking mental health services mental and behavioral health services (5) in section 321(a) ( 42 U.S.C. 3030d (A) in paragraph (1), as amended by section 4(f), by inserting and behavioral mental (B) in paragraph (14)(B), by inserting and behavioral mental (C) in paragraph (23), by inserting and behavioral mental 10. Study on transportation services (a) Study (1) In general Because access to transportation services is critical for millions of older individuals in the United States, to allow them to maintain independence, health, and quality of life, the Comptroller General of the United States shall conduct a study of transportation services for older individuals. (2) Contents In conducting the study, the Comptroller General— (A) shall identify challenges and barriers affecting the aging network in providing, accessing, or coordinating efficient and effective transportation services, including challenges and barriers in coordinating services with Federal agencies and programs such as the Department of Transportation and the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. (B) shall examine any Federal program requirements that may result in challenges or barriers to the coordination of transportation services within the aging network at the local level. (b) Report Not later than 18 months after the date of enactment of this Act, the Comptroller General shall issue a report. The report shall contain a detailed description of the findings and conclusions of the study, including any recommendations for administrative and other changes to enhance transportation services provided by the aging network. The Comptroller General shall submit the report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. 11. Guidance on serving Holocaust survivors (a) In general Because the services under the Older Americans Act of 1965 ( 42 U.S.C. 3001 et seq. (b) Contents The guidance shall include the following: (1) How nutrition service providers may meet the special health-related or other dietary needs of participants in programs under the Older Americans Act of 1965, including needs based on religious, cultural, or ethnic requirements. (2) How transportation service providers may address the urgent transportation needs of Holocaust survivors. (3) How State long-term care ombudsmen may address the unique needs of residents of long-term care facilities for whom institutional settings may produce sights, sounds, smells, emotions, and routines, that can induce panic, anxiety, and retraumatization as a result of experiences from the Holocaust. (4) How supportive services providers may consider the unique needs of Holocaust survivors. (5) How other services provided under that Act, as determined by the Assistant Secretary for Aging, may serve Holocaust survivors. (c) Date of issuance The guidance described in subsection (a) shall be issued not later than 180 days after the date of enactment of this Act. January 6, 2014 Reported with an amendment

Older Americans Act Reauthorization Act of 2014

Indian Employment, Training and Related Services Consolidation Act of 2014 - (Sec. 2) Amends the Indian Employment, Training and Related Services Demonstration Act of 1992 to make revisions to the program that provides for the integration of employment, training, and related services programs from federal funds. Renames the Act as the Indian Employment, Training and Related Services Act of 1992. (Sec. 3) Revises the purpose of the Act. (Sec. 5) Revises provisions concerning the authority of Indian tribes to integrate employment, training, and related services programs and federal funds received by the Tribe. (Sec. 6) Lists the types of programs that may be integrated pursuant to an approved integration plan. Makes block grants eligible to be integrated into the plan. Directs the Comptroller General (GAO) to: (1) assess the programs of specified departments of the federal government, and (2) develop an inventory of all programs of those departments that may be integrated. Allows an Indian tribe to include in the plan: (1) any program identified by the Comptroller General in the inventory, and (2) any program not identified in the inventory at the discretion of the Secretary of the Interior. (Sec. 8) Sets forth requirements regarding the granting or denial of a waiver request. Considers a waiver request to be granted if the head of an affected agency does not make a decision on the request within 90 days. Directs the Secretary to establish and initiate an interagency dispute resolution process if an affected federal agency denies such a request and the Secretary determines that the waiver would not be inconsistent with this Act's provisions or prevent the affected agency from fulfilling its obligations under this Act. Requires if, the dispute resolution process fails to resolve the dispute between a participating Indian tribe and an affected agency, the head of the affected agency shall have the final authority to resolve the dispute. Requires the Secretary, after the dispute is resolved, to provide the requesting tribe with: (1) the final decision on the waiver request; and (2) notice of the right to file an appeal in accordance with the applicable provisions specified in this Act. (Sec. 9) Gives the Secretary exclusive authority to approve or disapprove a plan submitted by an Indian tribe. Sets forth requirements for the approval or denial of a plan, including giving the Secretary 90 days to approve or deny a plan. Allows the Secretary to extend or otherwise alter the 90-day period for not more than 90 additional days if the Secretary obtains the express written consent of the Indian tribe. Provides for certain hearing and appeal rights for an Indian tribe if the Secretary denies its plan. (Sec. 10) Revises provisions allowing tribes to use funds available for a plan to place participants in training positions with employers. Expands the program to include non-private employers. Extends the training allowance period from 12 months to 24 months. Removes the requirement that the employer agree to provide permanent employment to participants. (Sec. 11) Revises the responsibilities of the Director of the Bureau of Indian Affairs (BIA) in carrying out this Act to include: the distribution of the funds to the respective Indian tribes by no later than 45 days after the receipt of the funds from the appropriate federal department or agency, the performance of the activities relating to agency waivers, and the establishment of an interagency dispute resolution process. Expands the number of federal departments required to enter into an interdepartmental memorandum of agreement providing for the implementation of this Act. Prohibits the BIA from developing a reporting format that requires a participating tribe to report on the expenditure of funds transferred to the tribe under the Act. (Sec. 12) Provides that the inclusion of a program in a tribal plan under this Act shall not: (1) modify, limit, or otherwise affect the eligibility of the program for contracting under the Indian Self-Determination and Education Assistance Act; or (2) eliminate the applicability of any provision of such Act, as the provision relates to a specific program eligible for contracting under that Act. (Sec. 13) Sets forth provisions governing the transfer of funds to Indian tribes under the Act. (Sec. 14) Establishes rules governing the administration of funds received by Indian tribes under the Act. Treats any funds transferred to an Indian tribe under the Act as non-federal funds for purposes of meeting matching requirements under any other federal law. Applies civil liability limitations to plans approved under the Act. Declares that an Indian tribe shall be entitled to retain interest earned on any funds transferred to the tribe under an approved plan and such interest shall not diminish the amount of funds the tribe is authorized to receive under the plan in the year the interest is earned or in any subsequent fiscal year. (Sec. 15) Revises reporting requirements under the Act. (Sec. 17) Declares that nothing in this Act or any amendment made by this Act: (1) affects any plan approved under the Indian Employment, Training and Related Services Act of 1992 (as so redesignated) before this Act's enactment date, (2) requires any Indian tribe or tribal organization to resubmit an approved plan, or (3) modifies the effective period of any such plan.

To amend the Indian Employment, Training and Related Services Demonstration Act of 1992 to facilitate the ability of Indian tribes to integrate the employment, training, and related services from diverse Federal sources, and for other purposes. 1. Short title; references (a) Short title This Act may be cited as the Indian Employment, Training and Related Services Consolidation Act of 2013 (b) References Except as otherwise expressly provided, wherever 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 Indian Employment, Training and Related Services Demonstration Act of 1992 ( 25 U.S.C. 3401 et seq. 2. Statement of purpose Section 2 (25 U.S.C. 3401) is amended— (1) by striking The purposes of this Act are to demonstrate how Indian tribal governments can The purpose of this Act is to facilitate the ability of Indian tribes to (2) by inserting from diverse Federal sources they provide (3) by striking and serve tribally-determined , serve tribally determined (4) by inserting , reduce administrative, reporting, and accounting costs, and make permanent any demonstration project under any plan referred to in section 4 3. Definitions Section 3 ( 25 U.S.C. 3402 (5) Tribal organization The term tribal organization . 4. Integration of services authorized Section 4 ( 25 U.S.C. 3403 4. Integration of services authorized (a) Authorization The Secretary shall, in cooperation with the Attorney General, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Education, the Secretary of Energy, the Secretary of Health and Human Services, the Secretary of Homeland Security, the Secretary of Housing and Urban Development, the Secretary of Labor, the Secretary of Transportation, and the Secretary of Veterans Affairs, after the Secretary approves a plan submitted by an Indian tribe or tribal organization under section 8, authorize the Indian tribe or tribal organization, as applicable, to coordinate, in accordance with the plan, Federally funded employment, training, and related services programs in a manner that integrates the programs into a consolidated and comprehensive program. (b) Single Integrated Plan Consistent with section 8, after the Secretary approves a plan submitted by an Indian tribe or tribal organization, the Indian tribe or tribal organization shall not be required to submit any additional budget, report, audit, supplemental audit, or other documentation. . 5. Programs affected and transfer of funds Section 5 ( 25 U.S.C. 3404 5. Programs affected (a) In general The programs that may be integrated into a project under a plan described in section 4 shall include— (1) any program under which an Indian tribe or tribal organization is eligible for receipt of funds under a statutory or administrative formula; (2) any funds to which an Indian tribe, tribal organization, or members of an Indian tribe or tribal organization may be under Federal law; (3) any funds an Indian tribe or tribal organization may secure as a result of a competitive process, a noncompetitive process, or a specific designation; and (4) any program under which block grant funds may be provided to an Indian tribe or tribal organization, regardless of whether the block grant is for the benefit of the Indian tribe or tribal organization because of the status of the Indian tribe or tribal organization or the status of the beneficiaries the grant serves, that are made available for the purposes of— (A) job training; (B) welfare to work and tribal work experience; (C) creating or enhancing employment opportunities; (D) higher education; (E) skill development; (F) assisting Indian youth and adults to succeed in the workforce; (G) encouraging self-sufficiency; (H) familiarizing individual participants with the world of work; (I) facilitating the creation of job opportunities; and (J) any services related to the activities described in subparagraphs (A) through (I). (b) Transfer of funds Notwithstanding any other provision of law, all funds for programs and services covered by an approved plan shall, at the request of the Indian tribe or tribal organization, be transferred to the Indian tribe or tribal organization pursuant to an existing contract, compact, or funding agreement awarded pursuant to the title I or IV of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.). . 6. Plan review; waiver authority; and dispute resolution Section 7 ( 25 U.S.C. 3406 (a) In general Upon receipt of a plan from an Indian tribe or tribal organization, the Secretary shall consult with— (1) the head of each Federal agency providing funds to be used to implement the plan; and (2) the Indian tribe or tribal organization that submitted the plan. (b) Identification of waivers The parties described in subsection (a) shall identify any waivers of applicable statutory, regulatory, or administrative requirements, or of Federal agency policies or procedures necessary to enable the Indian tribe or tribal organization to efficiently implement the plan. (c) Tribal waiver request In consultation with the Secretary, a participating Indian tribe or tribal organization may request the head of each affected agency to waive any statutory, regulatory, administrative requirement, policy, or procedure identified subsection (b). (d) Waiver authority (1) In general Except as provided in paragraph (2), notwithstanding any other provision of law, the head of each affected agency shall waive any applicable statutory, regulatory, administrative requirement, regulation, policy, or procedure promulgated by the agency that has been identified by the parties under subparagraph (b). (2) Exception The head of an affected agency shall not grant a waiver under paragraph (1) if the head of the affected agency determines that a waiver will be inconsistent with the purposes of this Act. (e) Decision on waiver request (1) In general Not later than 90 days after the head of an affected agency receives a waiver request, the head of the affected agency shall decide whether to grant or deny the request. (2) Denial of request If the head of the affected agency denies a waiver request, not later than 90 days after the date on which the denial is made, the head of the affected agency shall provide the requesting Indian tribe or tribal organization and the Secretary with written notice of the denial and the reasons for the denial. (3) Failure to act on request If the head of an affected agency does not make a decision under paragraph (1) within 90 days after the date on which the head of the affected agency receives the waiver request, the request shall be granted. (f) Secretarial review If the head of an affected agency denies a waiver request under subsection (e)(2), not later than 10 days after the date on which the request is denied, the Secretary shall review the denial and determine whether granting the waiver— (1) will be inconsistent with the provisions of the Act; or (2) will prevent the affected agency from fulfilling its obligations under the Act. (g) Interagency dispute resolution (1) In general Not later than 20 days after the date on which the Secretary determines that granting the waiver will not be inconsistent with the provisions of the Act and would not prevent the lead agency from fulfilling its obligations under the Act, the Secretary shall establish and initiate an interagency dispute resolution process involving— (A) the Secretary; (B) the participating Indian tribe or tribal organization; and (C) the head of the affected agency. (2) Duration A dispute subject to paragraph (1) shall be resolved not later than 30 days after the date on which the process is initiated. (h) Final authority If the dispute resolution process fails to resolve the dispute between a participating Indian tribe or tribal organization and an affected agency, the head of the affected agency shall have the final authority to resolve the dispute. (i) Final Decision Not later than 10 days after the date on which the dispute is resolved under this section, the Secretary shall inform the requesting Indian tribe or tribal organization— (1) the final decision on the waiver request; and (2) notice of the right to file an appeal to the final decision in an appropriate district court of the United States. . 7. Plan approval; secretarial authority; review of decision Section 8 ( 25 U.S.C. 3407 (a) Plan requirements A plan submitted to the Secretary for approval under this Act shall— (1) identify the programs to be integrated and consolidated; (2) be consistent with the purposes of this Act; (3) describe— (A) a comprehensive strategy identifying the full range of potential employment opportunities on and near the service area of the Indian tribe or tribal organization; (B) the education, training, and related services to be provided to assist Indians to access those employment opportunities; (C) the way in which services are to be integrated, consolidated, and delivered; and (D) the results expected from the plan; (4) identify the projected expenditures under the plan in a single budget covering all consolidated funds; (5) identify any agency of the Indian tribe or tribal organization to be involved in the delivery of the services integrated under the plan; (6) identify any statutory provisions, regulations, policies, or procedures that the Indian tribe or tribal organization believes need to be waived to implement the plan; and (7) be approved by the governing body of the Indian tribe or tribal organization. (b) Exclusive authority of the Secretary The Secretary shall have exclusive authority to approve or disapprove a plan submitted by an Indian tribe or tribal organization in accordance with section 7. (c) Approval process (1) In general Not later than 90 days after the date on which the Secretary receives a plan, the Secretary shall approve or deny the plan, including any request for a waiver that is made as part of the plan. (2) Approval If the Secretary approves a plan under paragraph (1), the Secretary shall authorize the transfer of funds under the plan. (3) Denial If the Secretary denies the plan under paragraph (1), the Secretary shall provide to the Indian tribe or tribal organization a written notification of disapproval of the plan that contains a specific finding that clearly demonstrates that, or that is supported by a controlling legal authority, the plan does not meet the requirements set forth in subsection (a). (4) Failure to act If the Secretary does not make a decision under paragraph (1) within 90 days after the date on which the Secretary receives the plan, the plan shall be approved. (d) Extension of time Notwithstanding any other provision of law, the Secretary may extend or otherwise alter the 90-day period specified in subsection (c)(1) above, if before the expiration of the period, the Secretary obtains the express written consent of the Indian tribe or tribal organization to extend or alter the period for up to 90 additional days. (e) Applicability If the Secretary denies the plan under subsection (c)(1), the following shall apply: (1) Subsections (b) and (e) of section 102 of the Indian Self-Determination Act (25 U.S.C. 450f). (2) Subsections (a) and (c) of section 110 of that Act (25 U.S.C. 450m–1). . 8. Job creation activities authorized Section 9 ( 25 U.S.C. 3408 (1) in subsection (a)— (A) by striking a tribal government may an Indian tribe or tribal organization may (B) by striking tribal government or of individual Indian people Indian tribes, tribal organizations, or Indians (C) by striking an overall regional economic activity which has a reasonable likelihood of success and consistent with the purposes specifically applicable to Indian programs in the statute under which the funds are authorized the plan (2) by striking subsection (b) and inserting the following: (b) Job creation opportunities Notwithstanding any other provision of law, including any requirement of a program that is integrated under a plan under this Act, an Indian tribe or tribal organization may use the funds made available under this Act for the creation of employment opportunities, including providing private sector training placement under section 10. ; and (3) by striking subsection (c). 9. Employer training placements Section 10 ( 25 U.S.C. 3409 10. Employer training placements (a) In general Subject to subsection (b), an Indian tribe or tribal organization that has in place an approved plan under this Act may use the funds made available under the plan— (1) to place participants in training positions with employers; and (2) to pay the participants a training allowance or wage for a training period of not more than 1 year. (b) Requirements An Indian tribe or tribal organization may carry out subsection (a) only if the tribe or tribal organization enters into a written agreement with each applicable employer under which the employer shall agree— (1) to provide on-the-job training to the participants; and (2) on satisfactory completion of the training period described in subsection (a)(2), to prioritize the provision of permanent employment to the participants. . 10. Federal responsibilities Section 11 ( 25 U.S.C. 3410 11. Federal responsibilities (a) Lead agency (1) In general Notwithstanding any other provision of law, the lead agency for each program carried out under this Act shall be the Bureau of Indian Affairs. (2) Inclusions The responsibilities of the Director of the Bureau of Indian Affairs in carrying out this Act shall include— (A) the development of a single model report for each Indian tribe and tribal organization that has in place an approved plan under this Act to submit to the Director reports on any consolidated activities undertaken and joint expenditures made under the plan; (B) the provision, directly or through contract, of appropriate voluntary and technical assistance to participating tribes and tribal organizations; (C) the development and use of a single monitoring and oversight system for plans approved under this Act; (D) (i) the receipt of all funds covered by a plan approved under this Act; and (ii) distribution of the funds to the respective Indian tribes and tribal organizations by not later than 20 days after the date of receipt of the funds from the appropriate Federal department or agency; and (E) (i) the performance of activities described in section 7 relating to agency waivers; and (ii) the establishment of an interagency dispute resolution process. (3) Incorporation of self-determination (A) In general At the election of an Indian tribe or tribal organization that has in place an approved plan under this Act, the plan may incorporate any provision of the Indian Self-Determination Act (25 U.S.C. 450f et seq.). (B) Effect On incorporation of a provision under subparagraph (A), the provision shall have the same force and effect as if incorporated in this Act. (4) Memorandum of agreement (A) In general Not later than 1 year after the date of enactment of the Indian Employment, Training and Related Services Consolidation Act of 2013 (B) Inclusions The memorandum of agreement under subparagraph (A) shall include provisions relating to— (i) an annual meeting of participating Indian tribes, tribal organizations, and Federal departments and agencies, to be cochaired by— (I) a representative of the President; and (II) a representative of the participating tribes and tribal organizations; (ii) an annual review of the achievements under this Act and any statutory, regulatory, administrative, or policy obstacles that prevent participating Indian tribes or tribal organizations from fully and efficiently carrying out the purposes of this Act; and (iii) a forum comprised of participating Indian tribes, tribal organizations, and Federal departments and agencies to identify and resolve interagency conflicts and conflicts between the Federal Government and Indian tribes or tribal organizations in the administration of this Act. (b) Report format (1) In general The Secretary shall develop and distribute to Indian tribes and tribal organizations that have in place an approved plan under this Act a single report format, in accordance with the requirements of this Act. (2) Requirements The Secretary shall ensure that the report format developed under paragraph (1), together with records maintained by each participating Indian tribe or tribal organization, contains information sufficient— (A) to determine whether the tribe or tribal organization has complied with the requirements of the approved plan of the tribe or tribal organization; and (B) to provide assurances to the head of each applicable Federal department or agency that the tribe or tribal organization has complied with all directly applicable statutory and regulatory requirements. (3) Limitation The report format developed under paragraph (1) shall not require a participating Indian tribe or tribal organization to report on the expenditure of funds (expressed by fund source or single agency code) transferred to the tribe or tribal organization under an approved plan under this Act. . 11. No reduction in amounts Section 12 (25 U.S.C. 3411) is amended by striking a tribal government an Indian tribe or tribal organization that has in place an approved plan under this Act be reduced as a result of— (1) the enactment of this Act; or (2) the approval or implementation of a plan under this Act. . 12. Interagency transfers of funds Section 13 ( 25 U.S.C. 3412 13. Interagency transfers of funds Notwithstanding any other provision of law, not later than 20 days after the date of apportionment to the applicable department or agency, the Secretary, together with the Secretaries of Agriculture, Commerce, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Labor, Transportation, and Veterans Affairs and the Attorney General, as appropriate, may transfer to the Director of the Bureau of Indian Affairs, for distribution to an Indian tribe or tribal organization that has in place an approved plan under this Act, any funds otherwise available to the applicable department or agency to achieve the purposes of this Act. . 13. Administration of funds Section 14 (25 U.S.C. 3413) is amended— (1) by redesignating subsection (b) as subsection (d); (2) by striking the section designation and heading and all that follows through subsection (a) and inserting the following: 14. Administration of funds (a) Requirements (1) In general The amounts used to carry out a plan approved under this Act shall be administered in such manner as the Secretary determines to be appropriate to ensure the amounts are spent on activities authorized under the plan. (2) Separate records and audits not required Notwithstanding any other provision of law (including regulations and circulars of any agency (including Office of Management and Budget Circular A–133)), an Indian tribe or tribal organization that has in place an approved plan under this Act shall not be required— (A) to maintain separate records that trace any service or activity conducted under the approved plan to the program for which the funds were initially authorized or transferred; (B) to allocate expenditures among such a program; or (C) to audit expenditures by the original source of the program. (b) Carryover Any funds transferred to an Indian tribe or tribal organization under this Act that are not obligated or expended prior to the beginning of the fiscal year after the fiscal year for which the funds were appropriated shall remain available for obligation or expenditure without fiscal year limitation, subject to the conditions that— (1) the funds shall be obligated or expended in accordance with the approved plan of the tribe or tribal organization; and (2) the tribe or tribal organization shall not be required to provide any additional justification or documentation of the purposes of the approved plan as a condition of receiving or expending the funds. (c) Indirect costs Notwithstanding any other provision of law, an Indian tribe or tribal organization shall be entitled to recover the entire amount of indirect costs associated with any funds transferred to the tribe or tribal organization under this Act, in accordance with the applicable indirect cost rate specified in the approved plan of the tribe or tribal organization. ; and (3) in subsection (d) (as redesignated by paragraph (1))— (A) by striking All administrative (1) In general All administrative ; and (B) by striking regulations) regulations). (2) Treatment The amount equal to the difference between the amount of the commingled funds and the actual administrative cost of the programs, as described in paragraph (1), shall be considered to be properly spent for Federal audit purposes if the amount is used to achieve the purposes of this Act. . 14. Labor market information on Indian work force Section 17 ( 25 U.S.C. 3416 (1) in subsection (a), in the first sentence— (A) by striking , in a consistent and reliable manner, (B) by striking , by gender, (2) in subsection (b)— (A) in the first sentence— (i) by striking and the National Center for Native American Studies and Policy Development authorized by Public Law 101–301, (ii) by striking and Alaska Native population throughout the entire United States throughout the United States (B) in the second sentence, by inserting , tribal organizations, Indian tribes (C) by striking the third sentence and inserting the following: The report under this subsection shall be submitted to the Committee on Indian Affairs of the Senate and the Committees on Natural Resources and Education and Labor of the House of Representatives by not later than October 30, 2015. 15. Assignment of Federal personnel to State Indian economic development programs Section 18 ( 25 U.S.C. 3417 (1) by inserting or tribal organizations Indian tribes (2) by striking 1970, may deem 1970 (42 U.S.C. 4701 et seq.), determines to be 16. Repeals; conforming amendments (a) Repeals Sections 15 and 16 ( 25 U.S.C. 3414 (b) Conforming amendments Sections 17 and 18 ( 25 U.S.C. 3416 17. Effect of Act Nothing in this Act or an amendment made by this Act— (1) affects any plan approved under the Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3401 et seq.) before the date of enactment of this Act; (2) requires any Indian tribe or tribal organization to resubmit a plan described in paragraph (1); or (3) modifies the effective period of any plan described in paragraph (1). 1. Short title This Act may be cited as the Indian Employment, Training and Related Services Consolidation Act of 2014 2. Amendment of short title (a) In general Section 1 of the Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3401 note; 106 Stat. 2302) is amended to read as follows: 1. Short title This Act may be cited as the Indian Employment, Training and Related Services Act of 1992 . (b) References Any reference in law to the Indian Employment, Training and Related Services Demonstration Act of 1992 Indian Employment, Training and Related Services Act of 1992 3. Statement of purpose Section 2 of the Indian Employment, Training and Related Services Act of 1992 25 U.S.C. 3401 (1) by striking The purposes of this Act are to demonstrate how Indian tribal governments can The purpose of this Act is to facilitate the ability of Indian tribes and tribal organizations to (2) by inserting from diverse Federal sources they provide (3) by striking and serve tribally-determined , and serve tribally determined (4) by inserting , while reducing administrative, reporting, and accounting costs policy of self-determination 4. Definitions Section 3 of the Indian Employment, Training, and Related Services Act of 1992 ( 25 U.S.C. 3402 (1) by striking paragraph (2) and inserting the following: (2) Indian tribe (A) In general The terms Indian tribe tribe Indian tribe (B) Inclusion The term Indian tribe 25 U.S.C. 450b ; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following: (4) Program The term program . 5. Integration of services authorized Section 4 of the Indian Employment, Training and Related Services Act of 1992 25 U.S.C. 3403 4. Integration of services authorized The Secretary shall, after approving a plan submitted by an Indian tribe in accordance with section 8, authorize the Indian tribe to, in accordance with the plan— (1) integrate the programs and Federal funds received by the Indian tribe; and (2) coordinate the employment, training, and related services provided with those funds in a consolidated and comprehensive tribal plan. . 6. Programs affected and transfer of funds Section 5 of the Indian Employment, Training and Related Services Act of 1992 25 U.S.C. 3404 5. Programs affected (a) Programs affected (1) In general The programs that may be integrated pursuant to a plan approved under section 8 shall be only programs— (A) implemented for the purpose of— (i) job training; (ii) welfare to work and tribal work experience; (iii) creating or enhancing employment opportunities; (iv) higher education; (v) skill development; (vi) assisting Indian youth and adults to succeed in the workforce; (vii) encouraging self-sufficiency; (viii) familiarizing individual participants with the world of work; (ix) facilitating the creation of job opportunities; (x) economic development; or (xi) any services related to the activities described in clauses (i) through (x); and (B) under which an Indian tribe or members of an Indian tribe— (i) are eligible to receive funds— (I) under a statutory or administrative formula making funds available to an Indian tribe; or (II) due to their status as Indians under Federal law; or (ii) have secured funds as a result of a competitive process, a noncompetitive process, or a specific designation. (2) Treatment of block grant funds For purposes of this section, programs funded by block grant funds provided to an Indian tribe, regardless of whether the block grant is for the benefit of the Indian tribe because of the status of the Indian tribe or the status of the beneficiaries the grant serves, shall be eligible to be integrated into the plan. (b) Inventory of affected programs (1) In general The Comptroller General of the United States shall— (A) assess the programs of the Department of the Interior, the Department of Health and Human Services, the Department of Labor, the Department of Justice, the Department of Agriculture, the Department of Commerce, the Department of Education, the Department of Energy, the Department of Homeland Security, the Department of Housing and Urban Development, the Department of Transportation, and the Department of Veteran Affairs; and (B) not later than 180 days after the date of enactment of this subsection, develop an inventory of all programs of the departments referred to in subparagraph (A) that meet the criteria of a program under subsection (a). (2) Inclusion of programs in tribal plan Notwithstanding any other provision of law, an Indian tribe may include in the plan— (A) any program identified by the Comptroller General of the United States in the inventory under paragraph (1); and (B) any program not identified by the Comptroller General of the United States in the inventory under paragraph (1) at the discretion of the Secretary. . 7. Plan requirements Section 6 of the Indian Employment, Training and Related Services Act of 1992 25 U.S.C. 3405 6. Plan requirements A plan submitted to the Secretary for approval under this Act shall— (1) identify the programs to be integrated and consolidated; (2) be consistent with the purposes of this Act; (3) describe— (A) a comprehensive strategy identifying the full range of potential employment opportunities on and near the service area of the Indian tribe; (B) the education, training, and related services to be provided to assist Indians to access those employment opportunities; (C) the way in which services and program funds are to be integrated, consolidated, and delivered; and (D) the results expected from the plan; (4) identify the projected expenditures under the plan in a single budget covering all consolidated funds; (5) identify any agency of the Indian tribe to be involved in the delivery of the services integrated under the plan; (6) identify any statutory provisions, regulations, policies, or procedures that the Indian tribe believes need to be waived to implement the plan; and (7) be approved by the governing body of the Indian tribe. . 8. Plan review; waiver authority; and dispute resolution Section 7 of the Indian Employment, Training and Related Services Act of 1992 25 U.S.C. 3406 (a) In general Upon receipt of a plan from an Indian tribe, the Secretary shall consult with— (1) the head of each Federal agency overseeing a program identified in the plan; and (2) the Indian tribe that submitted the plan. (b) Identification of waivers The parties identified in subsection (a) shall identify any waivers of applicable statutory, regulatory, or administrative requirements, or of Federal agency policies or procedures necessary to enable the Indian tribe to efficiently implement the plan. (c) Tribal waiver request In consultation with the Secretary, a participating Indian tribe may request that the head of each affected agency waive any statutory, regulatory, or administrative requirement, policy, or procedure identified subsection (b). (d) Waiver authority (1) In general Except as provided in paragraph (2), notwithstanding any other provision of law, the head of each affected Federal agency shall waive any applicable statutory, regulatory, or administrative requirement, regulation, policy, or procedure promulgated by the agency that has been identified by the parties under subparagraph (b). (2) Exception The head of an affected Federal agency shall not grant a waiver under paragraph (1) if the head of the affected agency determines that a waiver will be inconsistent with— (A) the purposes of this Act; or (B) the provision of law from which the program included in the plan derives its authority that is specifically applicable to Indians. (e) Decision on waiver request (1) In general Not later than 90 days after the head of an affected agency receives a waiver request, the head of the affected agency shall decide whether to grant or deny the request. (2) Denial of request If the head of the affected agency denies a waiver request, not later than 30 days after the date on which the denial is made, the head of the affected agency shall provide the requesting Indian tribe and the Secretary with written notice of the denial and the reasons for the denial. (3) Failure to Act on request If the head of an affected agency does not make a decision under paragraph (1) by the deadline identified in that paragraph, the request shall be considered to be granted. (f) Secretarial review If the head of an affected agency denies a waiver request under subsection (e)(2), not later than 30 days after the date on which the request is denied, the Secretary shall review the denial and determine whether granting the waiver— (1) will be inconsistent with the provisions of this Act; or (2) will prevent the affected agency from fulfilling the obligations of the affected agency under this Act. (g) Interagency dispute resolution (1) In general Not later than 30 days after the date on which the Secretary determines that granting the waiver will not be inconsistent with the provisions of this Act and will not prevent the affected agency from fulfilling the obligations of the affected agency under this Act, the Secretary shall establish and initiate an interagency dispute resolution process involving— (A) the Secretary; (B) the participating Indian tribe; and (C) the head of the affected agency. (2) Duration A dispute subject to paragraph (1) shall be resolved not later than 30 days after the date on which the process is initiated. (h) Final authority If the dispute resolution process fails to resolve the dispute between a participating Indian tribe and an affected agency, the head of the affected agency shall have the final authority to resolve the dispute. (i) Final decision Not later than 10 days after the date on which the dispute is resolved under this section, the Secretary shall provide the requesting Indian tribe with— (1) the final decision on the waiver request; and (2) notice of the right to file an appeal in accordance with the applicable provisions described in section 8(d). . 9. Plan approval; secretarial authority; review of decision Section 8 of the Indian Employment, Training and Related Services Act of 1992 25 U.S.C. 3407 8. Plan approval; secretarial authority; review of decision (a) In general The Secretary shall have exclusive authority to approve or disapprove a plan submitted by an Indian tribe in accordance with section 6. (b) Approval process (1) In general Not later than 90 days after the date on which the Secretary receives a plan, the Secretary shall approve or deny the plan. (2) Approval If the Secretary approves a plan under paragraph (1), the Secretary shall authorize the transfer of program funds identified in the plan in accordance with section 13. (3) Denial If the Secretary denies the plan under paragraph (1), the Secretary shall provide to the Indian tribe a written notification of disapproval of the plan that contains a specific finding that clearly demonstrates, or that is supported by a controlling legal authority, that the plan does not meet the requirements described in section 6. (4) Partial Approval (A) In general If a plan is denied under paragraph (3) solely on the basis that a request for a waiver that is part of the plan has not been approved (or is subject to dispute resolution) under section 7, the Secretary shall, upon a request from the tribe, grant partial approval for those portions of the plan not affected by the request for a waiver. (B) Approval after resolution With respect to a plan described in subparagraph (A), on resolution of the request for a waiver under section 7, the Secretary shall, on a request from the tribe, approve the plan or amended plan not later than 90 days after the date on which the Secretary receives the request. (5) Failure to Act If the Secretary does not make a decision under paragraph (1) within 90 days of the date on which the Secretary receives the plan, the plan shall be considered to be approved. (c) Extension of time Notwithstanding any other provision of law, the Secretary may extend or otherwise alter the 90-day period identified in subsection (b)(1) for not more than 90 additional days, if, before the expiration of the period, the Secretary obtains the express written consent of the Indian tribe. (d) Review of denial (1) Procedure upon refusal to approve plan If the Secretary denies a plan under subsection (b)(3), the Secretary shall— (A) state any objections in writing to the Indian tribe; (B) provide assistance to the Indian tribe to overcome the stated objections; and (C) unless the Indian tribe brings a civil action under paragraph (2), provide the Indian tribe with a hearing on the record with the right to engage in full discovery relevant to any issue raised in the matter and the opportunity for appeal on the objections raised, under such rules and regulations as the Secretary may promulgate. (2) Civil actions; concurrent jurisdiction; relief (A) In general The district courts of the United States shall have original jurisdiction of a civil action or claim against the appropriate Secretary arising under this section and over any civil action or claim against the Secretary for money damages arising under contracts authorized by this section. (B) Administrative hearing and appeal not required An Indian tribe may bring a civil action or claim under this paragraph without regard to whether the Indian tribe had a hearing or filed an appeal under paragraph (1). (C) Relief In an action brought under this paragraph, the court may order appropriate relief, including— (i) money damages; (ii) injunctive relief against any action by an officer or employee of the United States or any agency thereof contrary to this Act or regulations promulgated thereunder (including immediate injunctive relief to reverse a denial of a plan under this section or to compel the Secretary to approve a plan); and (iii) a writ of mandamus to compel an officer or employee of the United States, or any agency thereof, to perform a duty provided under this Act or regulations promulgated hereunder. (3) Burden of proof at hearing or appeal declining contract; final agency action (A) In general With respect to any hearing or appeal conducted under paragraph (1)(C) or any civil action brought under paragraph (2), the Secretary shall have the burden of proving by clear and convincing evidence the validity of the grounds for denying approval of a plan (or portion thereof). (B) Agency action Notwithstanding any other provision of law, a decision by an official of the Department of the Interior or the Department of Health and Human Services, as appropriate (collectively referred to in this paragraph as the Department (i) by an official of the Department who holds a position at a higher organizational level within the Department than the level of the departmental agency (such as the Indian Health Service or the Bureau of Indian Affairs) in which the decision that is the subject of the appeal was made; or (ii) by an administrative judge. (4) Application of laws to administrative appeals Section 504 section 2412 . 10. Employer training placements Section 10 of the Indian Employment, Training and Related Services Act of 1992 25 U.S.C. 3409 10. Employer training placements (a) In general Subject to subsection (b), an Indian tribe that has in place an approved plan under this Act may use the funds made available for the plan under this Act— (1) to place participants in training positions with employers; and (2) to pay the participants a training allowance or wage for a training period of not more than 24 months, which may be nonconsecutive. (b) Requirements An Indian tribe may carry out subsection (a) only if the Indian tribe enters into a written agreement with each applicable employer under which the employer shall agree— (1) to provide on-the-job training to the participants; and (2) on satisfactory completion of the training period described in subsection (a)(2), to prioritize the provision of permanent employment to the participants. . 11. Federal responsibilities Section 11 of the Indian Employment, Training and Related Services Act of 1992 25 U.S.C. 3410 11. Federal responsibilities (a) Lead agency (1) In general Notwithstanding any other provision of law, the lead agency responsible for implementation of this Act shall be the Bureau of Indian Affairs. (2) Inclusions The responsibilities of the Director of the Bureau of Indian Affairs in carrying out this Act shall include— (A) the development of a single model report for each Indian tribe that has in place an approved plan under this Act to submit to the Director reports on any consolidated activities undertaken and joint expenditures made under the plan; (B) the provision, directly or through contract, of appropriate voluntary and technical assistance to participating Indian tribes; (C) the development and use of a single monitoring and oversight system for plans approved under this Act; (D) (i) the receipt of all funds covered by a plan approved under this Act; and (ii) the distribution of the funds to the respective Indian tribes by not later than 45 days after the date of receipt of the funds from the appropriate Federal department or agency; and (E) (i) the performance of activities described in section 7 relating to agency waivers; and (ii) the establishment of an interagency dispute resolution process. (3) Memorandum of agreement (A) In general Not later than 1 year after the date of enactment of the Indian Employment, Training and Related Services Consolidation Act of 2014 (B) Inclusions The memorandum of agreement under subparagraph (A) shall include provisions relating to— (i) an annual meeting of participating Indian tribes and Federal departments and agencies, to be co-chaired by— (I) a representative of the President; and (II) a representative of the participating Indian tribes; (ii) an annual review of the achievements under this Act and any statutory, regulatory, administrative, or policy obstacles that prevent participating Indian tribes from fully and efficiently carrying out the purposes of this Act; and (iii) a forum comprised of participating Indian tribes and Federal departments and agencies to identify and resolve interagency conflicts and conflicts between the Federal Government and Indian tribes in the administration of this Act. (b) Report format (1) In general The lead agency shall develop and distribute to Indian tribes that have in place an approved plan under this Act a single report format, in accordance with the requirements of this Act. (2) Requirements The lead agency shall ensure that the report format developed under paragraph (1), together with records maintained by each participating Indian tribe, contains information sufficient— (A) to determine whether the Indian tribe has complied with the requirements of the approved plan of the Indian tribe; and (B) to provide assurances to the head of each applicable Federal department or agency that the Indian tribe has complied with all directly applicable statutory and regulatory requirements not waived under section 7. (3) Limitation The report format developed under paragraph (1) shall not require a participating Indian tribe to report on the expenditure of funds (expressed by fund source or single agency code) transferred to the Indian tribe under an approved plan under this Act. . 12. No reduction in amounts Section 12 of the Indian Employment, Training and Related Services Act of 1992 25 U.S.C. 3411 12. No reduction in amounts (a) In general In no case shall the amount of Federal funds available to an Indian tribe that has in place an approved plan under this Act be reduced as a result of— (1) the enactment of this Act; or (2) the approval or implementation of a plan of an Indian tribe under this Act. (b) Interaction with other laws The inclusion of a program in a tribal plan under this Act shall not— (1) modify, limit, or otherwise affect the eligibility of the program for contracting under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.); or (2) eliminate the applicability of any provision of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), as the provision relates to a specific program eligible for contracting under that Act. . 13. Transfer of funds Section 13 of the Indian Employment, Training and Related Services Act of 1992 25 U.S.C. 3412 13. Transfer of funds (a) In general Notwithstanding any other provision of law, not later than 30 days after the date of apportionment to the applicable Federal department or agency, the head of a Federal agency overseeing a program identified in a plan approved under this Act shall transfer to the Director of the Bureau of Indian Affairs for distribution to an Indian tribe any funds identified in the approved plan of the Indian tribe. (b) Transfer of funds Notwithstanding any other provision of law, at the request of the Indian tribe, all program funds transferred to an Indian tribe in accordance with the approved plan of the Indian tribe shall be transferred to the Indian tribe pursuant to an existing contract, compact, or funding agreement awarded pursuant to title I or IV of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. . 14. Administration of funds Section 14 of the Indian Employment, Training and Related Services Act of 1992 ( 25 U.S.C. 3413 (1) by redesignating subsection (b) as subsection (e); (2) by striking the section designation and heading and all that follows through subsection (a) and inserting the following: 14. Administration of funds (a) Requirements (1) In general (A) Consolidation and reallocation of funds Notwithstanding any other provision of law, all amounts transferred to a tribe pursuant to an approved plan may be consolidated, reallocated, and rebudgeted as specified in the approved plan to best meet the employment, training, and related needs of the local community served by the Indian tribe. (B) Authorized use of funds The amounts used to carry out a plan approved under this Act shall be administered in such manner as the Secretary determines to be appropriate to ensure the amounts are spent on activities authorized under the approved plan. (C) Effect Nothing in this section interferes with the ability of the Secretary or the lead agency to use accounting procedures that conform to generally accepted accounting principles, auditing procedures, and safeguarding of funds that conform to chapter 75 Single Audit Act of 1984 (2) Separate records and audits not required Notwithstanding any other provision of law (including regulations and circulars of any agency (including Office of Management and Budget Circular A–133)), an Indian tribe that has in place an approved plan under this Act shall not be required— (A) to maintain separate records that trace any service or activity conducted under the approved plan to the program for which the funds were initially authorized or transferred; (B) to allocate expenditures among such a program; or (C) to audit expenditures by the original source of the program. (b) Carryover (1) In general Any funds transferred to an Indian tribe under this Act that are not obligated or expended prior to the beginning of the fiscal year after the fiscal year for which the funds were appropriated shall remain available for obligation or expenditure without fiscal year limitation, subject to the condition that the funds shall be obligated or expended in accordance with the approved plan of the Indian tribe. (2) No additional documentation The Indian tribe shall not be required to provide any additional justification or documentation of the purposes of the approved plan as a condition of receiving or expending the funds. (c) Indirect costs Notwithstanding any other provision of law, an Indian tribe shall be entitled to recover 100 percent of any indirect costs incurred by the Indian tribe as a result of the transfer of funds to the Indian tribe under this Act. ; and (3) in subsection (e) (as redesignated by paragraph (1))— (A) by striking All administrative (1) In general All administrative ; and (B) by striking regulations) regulations). (2) Treatment The amount equal to the difference between the amount of the commingled funds and the actual administrative cost of the programs, as described in paragraph (1), shall be considered to be properly spent for Federal audit purposes if the amount is used to achieve the purposes of this Act. (e) Matching Funds Notwithstanding any other provision of law, any funds transferred to an Indian tribe under this Act shall be treated as non-Federal funds for purposes of meeting matching requirements under any other Federal law. (f) Claims The following provisions of law shall apply to plans approved under this Act: (1) Section 314 of the Department of the Interior and Related Agencies Appropriations Act, 1991 (Public Law 101–512; 104 Stat. 1959). (2) Chapter 171 Federal Tort Claims Act (g) Interest or other income (1) In general An Indian tribe shall be entitled to retain interest earned on any funds transferred to the tribe under an approved plan and such interest shall not diminish the amount of funds the Indian tribe is authorized to receive under the plan in the year the interest is earned or in any subsequent fiscal year. (2) Prudent investment Funds transferred under a plan shall be managed in accordance with the prudent investment standard. . 15. Labor market information on Indian work force Section 17(a) of the Indian Employment, Training and Related Services Act of 1992 (25 U.S.C. 3416(a)) is amended in the first sentence— (1) by striking The Secretary manner, The Secretary of Labor, in consultation with the Secretary, Indian tribes, and the Director of the Bureau of the Census, shall (2) by striking , by gender, 16. Repeals; conforming amendments (a) Repeals Sections 15 and 16 of the Indian Employment, Training and Related Services Act of 1992 (25 U.S.C. 3414, 3415) are repealed. (b) Conforming amendments Sections 17 and 18 of the Indian Employment, Training and Related Services Act of 1992 (25 U.S.C. 3416, 3417) (as amended by this Act) are redesignated as sections 15 and 16, respectively. 17. Effect of Act Nothing in this Act or any amendment made by this Act— (1) affects any plan approved under the Indian Employment, Training and Related Services Act of 1992 ( 25 U.S.C. 3401 et seq. (2) requires any Indian tribe or tribal organization to resubmit a plan described in paragraph (1); or (3) modifies the effective period of any plan described in paragraph (1). August 26, 2014 Reported with an amendment

Indian Employment, Training and Related Services Consolidation Act of 2014

(This measure has not been amended since it was introduced. The summary of that version is repeated here.) Gun Lake Trust Land Reaffirmation Act - Ratifies and confirms the actions of the Secretary of the Interior in taking specified land into trust for the benefit of the Match-E-Be-Nash-She-Wish Band of Pottawatami Indians. Reaffirms that land as trust land. Prohibits an action relating to that land from being filed or maintained in a federal court.

To reaffirm that certain land has been taken into trust for the benefit of the Match-E-Be-Nash-She-Wish Band of Pottawatami Indians, and for other purposes. 1. Short title This Act may be cited as the Gun Lake Trust Land Reaffirmation Act 2. Reaffirmation of Indian trust land (a) In general The land taken into trust by the United States for the benefit of the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians and described in the final Notice of Determination of the Department of the Interior (70 Fed. Reg. 25596 (May 13, 2005)) is reaffirmed as trust land, and the actions of the Secretary of the Interior in taking that land into trust are ratified and confirmed. (b) No claims Notwithstanding any other provision of law, an action (including an action pending in a Federal court as of the date of enactment of this Act) relating to the land described in subsection (a) shall not be filed or maintained in a Federal court and shall be promptly dismissed. (c) Retention of future rights Nothing in this Act alters or diminishes the right of the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians from seeking to have any additional land taken into trust by the United States for the benefit of the Band. June 12, 2014 Reported without amendment

Gun Lake Trust Land Reaffirmation Act

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Little Shell Tribe of Chippewa Indians Restoration Act of 2013 - Extends federal recognition to the Little Shell Tribe of Chippewa Indians of Montana. Makes the Tribe and each member eligible for all services and benefits provided by the United States to Indians and federally recognized Indian tribes, without regard to the existence of a reservation for the Tribe or the location of the residence of any member on or near an Indian reservation. Considers the federal service area of the Tribe to be the area comprised of Blaine, Cascade, Glacier, and Hill Counties, Montana. Directs the Tribe, as a condition of receiving recognition, services, and benefits pursuant to this Act, to submit to the Secretary of the Interior a membership roll consisting of the name of each individual enrolled as a member of the Tribe. Requires the Tribe to maintain such membership roll. Directs the Secretary to acquire, for the benefit of the Tribe, trust title to 200 acres of land within the Tribe's service area to be used for a tribal land base. Authorizes the Secretary to acquire additional land for the benefit of the Tribe pursuant to the Indian Reorganization Act.

To extend the Federal recognition to the Little Shell Tribe of Chippewa Indians of Montana, and for other purposes. 1. Short title This Act may be cited as the Little Shell Tribe of Chippewa Indians Restoration Act of 2013 2. Findings Congress finds that— (1) the Little Shell Tribe of Chippewa Indians is a political successor to signatories of the Pembina Treaty of 1863, under which a large area of land in the State of North Dakota was ceded to the United States; (2) the Turtle Mountain Band of Chippewa of North Dakota and the Chippewa-Cree Tribe of the Rocky Boy’s Reservation of Montana, which also are political successors to the signatories of the Pembina Treaty of 1863, have been recognized by the Federal Government as distinct Indian tribes; (3) the members of the Little Shell Tribe continue to live in the State of Montana, as their ancestors have for more than 100 years since ceding land in the State of North Dakota as described in paragraph (1); (4) in the 1930s and 1940s, the Tribe repeatedly petitioned the Federal Government for reorganization under the Act of June 18, 1934 ( 25 U.S.C. 461 et seq. Indian Reorganization Act (5) Federal agents who visited the Tribe and Commissioner of Indian Affairs John Collier attested to the responsibility of the Federal Government for the Tribe and members of the Tribe, concluding that members of the Tribe are eligible for, and should be provided with, trust land, making the Tribe eligible for reorganization under the Act of June 18, 1934 (25 U.S.C. 461 et seq.) (commonly known as the Indian Reorganization Act (6) due to a lack of Federal appropriations during the Depression, the Bureau of Indian Affairs lacked adequate financial resources to purchase land for the Tribe, and the members of the Tribe were denied the opportunity to reorganize; (7) in spite of the failure of the Federal Government to appropriate adequate funding to secure land for the Tribe as required for reorganization under the Act of June 18, 1934 (25 U.S.C. 461 et seq.) (commonly known as the Indian Reorganization Act (8) the Tribe, together with the Turtle Mountain Band of Chippewa of North Dakota and the Chippewa-Cree Tribe of the Rocky Boy’s Reservation of Montana, filed 2 law suits under the Act of August 13, 1946 (60 Stat. 1049) (commonly known as the Indian Claims Commission Act (9) in 1971 and 1982, pursuant to Acts of Congress, the tribes received awards for the claims described in paragraph (8); (10) in 1978, the Tribe submitted to the Bureau of Indian Affairs a petition for Federal recognition, which is still pending as of the date of enactment of this Act; and (11) the Federal Government, the State of Montana, and the other federally recognized Indian tribes of the State have had continuous dealings with the recognized political leaders of the Tribe since the 1930s. 3. Definitions In this Act: (1) Member The term member (2) Secretary The term Secretary (3) Tribe The term Tribe 4. Federal recognition (a) In general Federal recognition is extended to the Tribe. (b) Effect of Federal laws Except as otherwise provided in this Act, all Federal laws (including regulations) of general application to Indians and Indian tribes, including the Act of June 18, 1934 ( 25 U.S.C. 461 et seq. Indian Reorganization Act 5. Federal services and benefits (a) In general Beginning on the date of enactment of this Act, the Tribe and each member shall be eligible for all services and benefits provided by the United States to Indians and federally recognized Indian tribes, without regard to— (1) the existence of a reservation for the Tribe; or (2) the location of the residence of any member on or near an Indian reservation. (b) Service area For purposes of the delivery of services and benefits to members, the service area of the Tribe shall be considered to be the area comprised of Blaine, Cascade, Glacier, and Hill Counties in the State of Montana. 6. Reaffirmation of rights (a) In general Nothing in this Act diminishes any right or privilege of the Tribe or any member that existed before the date of enactment of this Act. (b) Claims of Tribe Except as otherwise provided in this Act, nothing in this Act alters or affects any legal or equitable claim of the Tribe to enforce any right or privilege reserved by, or granted to, the Tribe that was wrongfully denied to, or taken from, the Tribe before the date of enactment of this Act. 7. Membership roll (a) In general As a condition of receiving recognition, services, and benefits pursuant to this Act, the Tribe shall submit to the Secretary, by not later than 18 months after the date of enactment of this Act, a membership roll consisting of the name of each individual enrolled as a member of the Tribe. (b) Determination of membership The qualifications for inclusion on the membership roll of the Tribe shall be determined in accordance with sections 1 through 3 of article 5 of the constitution of the Tribe dated September 10, 1977 (including amendments to the constitution). (c) Maintenance of roll The Tribe shall maintain the membership roll under this section. 8. Transfer of land (a) Homeland The Secretary shall acquire, for the benefit of the Tribe, trust title to 200 acres of land within the service area of the Tribe to be used for a tribal land base. (b) Additional land The Secretary may acquire additional land for the benefit of the Tribe pursuant to section 5 of the Act of June 18, 1934 ( 25 U.S.C. 465 Indian Reorganization Act April 3, 2014 Reported without amendment

Little Shell Tribe of Chippewa Indians Restoration Act of 2013

Federal Data Center Consolidation Act of 2013 - Requires the heads of specified federal agencies, assisted by their chief information officers, to submit to the Administrator for the Office of E-Government and Information Technology of the Office of Management and Budget (OMB) each fiscal year: (1) a comprehensive inventory of data centers owned, operated, or maintained by each such agency; and (2) a multi-year strategy to achieve the consolidation and optimization of such data centers that includes performance metrics, a timeline for agency activities to be completed under the OMB Federal Data Center Consolidation Initiative (FDCCI), and year-by-year calculations of investments and cost savings. Provides that for any year that the Department of Defense (DOD) is required to submit a performance plan for the reduction of resources required for data servers and centers, DOD: (1) may submit to the Administrator, in lieu of the multi-year strategy, the defense-wide plan and report on cost savings required by the National Defense Authorization Act for Fiscal Year 2012; and (2) shall submit the comprehensive inventory required by this Act unless the defense-wide plan contains a comparable comprehensive inventory. Requires the Administrator to: (1) establish deadlines for annual reporting and requirements such agencies must meet to be considered in compliance with this Act, (2) develop and make publicly available a goal for the amount of planned cost savings and optimization improvements achieved through the FDCCI during a specified period, (3) aggregate the reported cost savings of each agency and optimization improvements achieved to date through the FDCCI and compare such savings to the projected cost savings and optimization improvements achieved through the FDCCI, and (4) report to Congress. Directs the Comptroller General (GAO) to review and verify the quality and completeness of the asset inventory and strategy of each agency and report to Congress. Requires such agencies to implement their data center consolidation and optimization strategies consistent with federal guidelines on cloud computing security, including: (1) applicable provisions in the Federal Risk and Authorization Management Program (FedRAMP), and (2) guidance published by the National Institute of Standards and Technology (NIST).  Authorizes the Director of National Intelligence (DNI) and the Secretary of Defense to waive the applicability of any provision of this Act to any national security system if such waiver is in the interest of national security. Requires the Director or the Secretary to submit to specified congressional committees a statement describing the waiver and the reasons for it. Repeals this Act effective on October 1, 2018.

To require certain agencies to conduct assessments of data centers and develop data center consolidation and optimization plans. 1. Short title This Act may be cited as the Federal Data Center Consolidation Act of 2013 2. Federal data center consolidation initiative (a) Definitions In this Act: (1) Administrator The term Administrator (2) FDCCI The term FDCCI (b) Federal data center consolidation inventories and strategies (1) In general (A) Annual reporting Each year, beginning in the first fiscal year after the date of enactment of this Act and for each of the 4 fiscal years thereafter, the head of each agency that is described in subparagraph (D), assisted by the Chief Information Officer of the agency, shall submit to the Administrator— (i) a comprehensive asset inventory of the data centers owned, operated, or maintained by or on behalf of the agency, even if the center is administered by a third party; and (ii) a multi-year strategy to achieve the optimization and consolidation of agency data center assets, that includes— (I) performance metrics— (aa) that are consistent with performance metrics established by the Administrator under subparagraphs (C) and (G) of paragraph (2); and (bb) by which the quantitative and qualitative progress of the agency toward data center consolidation goals can be measured; (II) a timeline for agency activities completed under the FDCCI, with an emphasis on benchmarks the agency can achieve by specific dates; (III) an aggregation of year-by-year investment and cost savings calculations for the period beginning on the date of enactment of this Act and ending on the date described in subsection (e), broken down by each year, including a description of any initial costs for data center consolidation and life cycle cost savings, with an emphasis on— (aa) meeting the Government-wide performance metrics described in subparagraphs (C) and (G) of paragraph (2); and (bb) demonstrating agency-specific savings each fiscal year achieved through the FDCCI; and (IV) any additional information required by the Administrator. (B) Use of existing reporting structures The Administrator may require agencies described in subparagraph (D) to submit any information required to be submitted under this subsection through reporting structures in use as of the date of enactment of this Act. (C) Certification Each year, beginning in the first fiscal year after the date of enactment of this Act and for each of the 4 fiscal years thereafter, acting through the chief information officer of the agency, shall submit a statement to the Administrator certifying that the agency has complied with the requirements of this Act. (D) Agencies described The agencies (including all associated components of the agency) described in this paragraph are the— (i) Department of Agriculture; (ii) Department of Commerce; (iii) Department of Defense; (iv) Department of Education; (v) Department of Energy; (vi) Department of Health and Human Services; (vii) Department of Homeland Security; (viii) Department of Housing and Urban Development; (ix) Department of the Interior; (x) Department of Justice; (xi) Department of Labor; (xii) Department of State; (xiii) Department of Transportation; (xiv) Department of the Treasury; (xv) Department of Veterans Affairs; (xvi) Environmental Protection Agency; (xvii) General Services Administration; (xviii) National Aeronautics and Space Administration; (xix) National Science Foundation; (xx) Nuclear Regulatory Commission; (xxi) Office of Personnel Management; (xxii) Small Business Administration; (xxiii) Social Security Administration; and (xxiv) United States Agency for International Development. (E) Agency implementation of strategies Each agency described in subparagraph (D), under the direction of the Chief Information Officer of the agency shall— (i) implement the consolidation strategy required under subparagraph (A)(ii); and (ii) provide updates to the Administrator, on a quarterly basis, of— (I) the completion of activities by the agency under the FDCCI; (II) any progress of the agency towards meeting the Government-wide data center performance metrics described in subparagraphs (C) and (G) of paragraph (2); and (III) the actual cost savings realized through the implementation of the FDCCI. (F) Rule of construction Nothing in this paragraph shall be construed to limit the reporting of information by any agency described in subparagraph (F) to the Administrator, the Director of the Office of Management and Budget, or to Congress. (2) Administrator responsibilities The Administrator shall— (A) establish the deadline, on an annual basis, for agencies to submit information under this section; (B) establish a list of requirements that the agencies must meet to be considered in compliance with paragraph (1); (C) ensure that each certification submitted under paragraph (1)(C) and information relating to agency progress towards meeting the Government-wide total cost of ownership optimization and consolidation metrics is made available in a timely manner to the general public; (D) review the plans submitted under paragraph (1) to determine whether each plan is comprehensive and complete; (E) monitor the implementation of the data center plan of each agency described in paragraph (1)(A)(ii); (F) update, on an annual basis, the cumulative cost savings realized through the implementation of the agency plans; and (G) establish Government-wide data center total cost of ownership optimization and consolidation metrics, which shall include server efficiency and other comprehensive metrics established at the discretion of the Administrator. (3) Cost saving goal and updates for Congress (A) In general Not later than 1 year after the date of enactment of this Act, the Administrator shall develop and publish a goal for the total amount of planned cost savings by the Federal Government through the Federal Data Center Consolidation Initiative during the 5-year period beginning on the date of enactment of this Act, which shall include a breakdown on a year-by-year basis of the projected savings. (B) Annual update (i) In general Not later than 1 year after the date on which the goal described in subparagraph (A) is determined and each year thereafter until the end of 2018, the Administrator shall aggregate the savings achieved to date, by each relevant agency, through the FDCCI as compared to the projected savings developed under subparagraph (A) (based on data collected from each affected agency under paragraph (1)). (ii) Update for Congress The goal required to be developed and published under subparagraph (A) shall be submitted to Congress and shall include an update on the progress made by each agency described in subsection paragraph (1)(E) on— (I) whether each agency has in fact submitted a comprehensive asset inventory, including an assessment broken down by agency, which shall include the specific numbers, utilization, and efficiency level of data centers; and (II) whether each agency has submitted a comprehensive consolidation plan with the key elements described in paragraph (1)(A)(ii). (iii) Request for information Upon request from the Committee on Homeland Security and Governmental Affairs of the Senate or the Committee on Oversight and Government Reform of the House of Representatives, the head of an agency described in paragraph (1)(E) or the Director of the Office of Management and Budget shall submit to the requesting committee any report or information submitted to the Office of Management and Budget for the purpose of preparing a report required under clause (i) or an updated progress report required under clause (ii). (4) GAO Review (A) In general During the 5-fiscal-year period following the date of enactment of this Act, the Comptroller General of the United States shall review the quality and completeness, and verify, each agency's asset inventory and plans required under paragraph (1)(A). (B) Report The Comptroller General of the United States shall, on an annual basis during the 5-fiscal-year period following the date of enactment of this Act, publish a report on each review conducted under subparagraph (A) of an agency during the fiscal year for which the report is published. (c) Ensuring cybersecurity standards for data center consolidation and cloud computing An agency required to implement a data center consolidation plan under this Act and migrate to cloud computing shall do so in a manner that is consistent with Federal guidelines on cloud computing security, including— (1) applicable provisions found within the Federal Risk and Authorization Management Program (FedRAMP); and (2) guidance published by the National Institute of Standards and Technology. (d) Classified information The Director of National Intelligence may waive the requirements of this Act for any element (or component of an element) of the intelligence community. (e) Sunset This Act is repealed effective on October 1, 2018. 1. Short title This Act may be cited as the Federal Data Center Consolidation Act of 2013 2. Federal data center consolidation initiative (a) Definitions In this Act: (1) Administrator The term Administrator (2) Covered agency The term covered agency (A) Department of Agriculture; (B) Department of Commerce; (C) Department of Defense; (D) Department of Education; (E) Department of Energy; (F) Department of Health and Human Services; (G) Department of Homeland Security; (H) Department of Housing and Urban Development; (I) Department of the Interior; (J) Department of Justice; (K) Department of Labor; (L) Department of State; (M) Department of Transportation; (N) Department of Treasury; (O) Department of Veterans Affairs; (P) Environmental Protection Agency; (Q) General Services Administration; (R) National Aeronautics and Space Administration; (S) National Science Foundation; (T) Nuclear Regulatory Commission; (U) Office of Personnel Management; (V) Small Business Administration; (W) Social Security Administration; and (X) United States Agency for International Development. (3) FDCCI The term FDCCI (4) Government-wide data center consolidation and optimization metrics The term Government-wide data center consolidation and optimization metrics (b) Federal data center consolidation inventories and strategies (1) In general (A) Annual reporting Each year, beginning in the first fiscal year after the date of enactment of this Act and each fiscal year thereafter, the head of each covered agency, assisted by the Chief Information Officer of the agency, shall submit to the Administrator— (i) a comprehensive inventory of the data centers owned, operated, or maintained by or on behalf of the agency; and (ii) a multi-year strategy to achieve the consolidation and optimization of the data centers inventoried under clause (i), that includes— (I) performance metrics— (aa) that are consistent with the Government-wide data center consolidation and optimization metrics; and (bb) by which the quantitative and qualitative progress of the agency toward the goals of the FDCCI can be measured; (II) a timeline for agency activities to be completed under the FDCCI, with an emphasis on benchmarks the agency can achieve by specific dates; (III) year-by-year calculations of investment and cost savings for the period beginning on the date of enactment of this Act and ending on the date described in subsection (e), broken down by each year, including a description of any initial costs for data center consolidation and optimization and life cycle cost savings and other improvements, with an emphasis on— (aa) meeting the Government-wide data center consolidation and optimization metrics; and (bb) demonstrating the amount of agency-specific cost savings each fiscal year achieved through the FDCCI; and (IV) any additional information required by the Administrator. (B) Use of other reporting structures The Administrator may require a covered agency to include the information required to be submitted under this subsection through reporting structures determined by the Administrator to be appropriate. (C) Statement Each year, beginning in the first fiscal year after the date of enactment of this Act and each fiscal year thereafter, the head of each covered agency, acting through the Chief Information Officer of the agency, shall— (i) (I) submit a statement to the Administrator stating whether the agency has complied with the requirements of this Act; and (II) make the statement submitted under subclause (I) publically available; and (ii) if the agency has not complied with the requirements of this Act, submit a statement to the Administrator explaining the reasons for not complying with such requirements. (D) Agency implementation of strategies Each covered agency, under the direction of the Chief Information Officer of the agency, shall— (i) implement the strategy required under subparagraph (A)(ii); and (ii) provide updates to the Administrator, on a quarterly basis, of — (I) the completion of activities by the agency under the FDCCI; (II) any progress of the agency towards meeting the Government-wide data center consolidation and optimization metrics; and (III) the actual cost savings and other improvements realized through the implementation of the strategy of the agency. (E) Rule of construction Nothing in this Act shall be construed to limit the reporting of information by a covered agency to the Administrator, the Director of the Office of Management and Budget, or Congress. (2) Administrator responsibilities The Administrator shall— (A) establish the deadline, on an annual basis, for covered agencies to submit information under this section; (B) establish a list of requirements that the covered agencies must meet to be considered in compliance with paragraph (1); (C) ensure that information relating to agency progress towards meeting the Government-wide data center consolidation and optimization metrics is made available in a timely manner to the general public; (D) review the inventories and strategies submitted under paragraph (1) to determine whether they are comprehensive and complete; (E) monitor the implementation of the data center strategy of each covered agency that is required under paragraph (1)(A)(ii); (F) update, on an annual basis, the cumulative cost savings realized through the implementation of the FDCCI; and (G) establish metrics applicable to the consolidation and optimization of data centers Government-wide, including metrics with respect to— (i) costs; (ii) efficiencies, including at least server efficiency; and (iii) any other metrics the Administrator establishes under this subparagraph. (3) Cost saving goal and updates for Congress (A) In general Not later than 1 year after the date of enactment of this Act, the Administrator shall develop, and make publically available, a goal, broken down by year, for the amount of planned cost savings and optimization improvements achieved through the FDCCI during the period beginning on the date of enactment of this Act and ending on the date described in subsection (e). (B) Annual update (i) In general Not later than 1 year after the date on which the goal described in subparagraph (A) is made publically available, and each year thereafter, the Administrator shall aggregate the reported cost savings of each covered agency and optimization improvements achieved to date through the FDCCI and compare the savings to the projected cost savings and optimization improvements developed under subparagraph (A). (ii) Update for Congress The goal required to be developed under subparagraph (A) shall be submitted to Congress and shall be accompanied by a statement describing— (I) whether each covered agency has in fact submitted a comprehensive asset inventory, including an assessment broken down by agency, which shall include the specific numbers, utilization, and efficiency level of data centers; and (II) whether each covered agency has submitted a comprehensive consolidation strategy with the key elements described in paragraph (1)(A)(ii). (4) GAO Review (A) In general Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Comptroller General of the United States shall review and verify the quality and completeness of the asset inventory and strategy of each covered agency required under paragraph (1)(A). (B) Report The Comptroller General of the United States shall, on an annual basis, publish a report on each review conducted under subparagraph (A). (c) Ensuring cybersecurity standards for data center consolidation and cloud computing (1) In general In implementing a data center consolidation and optimization strategy under this Act, a covered agency shall do so in a manner that is consistent with Federal guidelines on cloud computing security, including— (A) applicable provisions found within the Federal Risk and Authorization Management Program (FedRAMP); and (B) guidance published by the National Institute of Standards and Technology. (2) Rule of construction Nothing in this Act shall be construed to limit the ability of the Director of the Office of Management and Budget to update or modify the Federal guidelines on cloud computing security. (d) Waiver of disclosure requirements The Director of National Intelligence may waive the applicability to any element (or component of an element) of the intelligence community of any provision of this Act if the Director of National Intelligence determines that such waiver is in the interest of national security. Not later than 30 days after making a waiver under this subsection, the Director of National Intelligence shall submit to the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate and the Committee on Oversight and Government Reform and the Permanent Select Committee on Intelligence of the House of Representatives a statement describing the waiver and the reasons for the waiver. (e) Sunset This Act is repealed effective on October 1, 2018. May 6, 2014 Reported with an amendment

`Federal Data Center Consolidation Act of 2013

Enhanced Security Clearance Act of 2014 - Requires the Director of National Intelligence to develop and implement a plan to eliminate the backlog of overdue periodic reinvestigations of individuals determined eligible for access to classified information or eligible to hold a sensitive position (covered individuals). Requires such plan to: (1) use a risk-based approach to identify high-risk populations and prioritize reinvestigations that are due or overdue to be conducted, and (2) use random automated record checks of covered individuals that shall include all covered individuals in the pool of individuals subject to a one-time check. Requires the Director to direct each executive agency, military department, and element of the intelligence community to implement a program to provide enhanced security review of covered individuals not later than the earlier of five years after the enactment date of this Act or the date on which the backlog of overdue periodic reinvestigations of covered individuals is eliminated. Requires such agency program to integrate relevant information from various sources to obtain information relating to any criminal or civil legal proceeding, financial and credit information, public information, publicly available electronic information on social media, and data maintained on any terrorist or criminal watch list. Requires an agency enhanced personnel security program to conduct periodic reviews, not less than two times every five years, of information to ensure the continued eligibility of covered individuals or agency contractors for a security clearance or access to classified information. Requires the head of each agency to ensure that each covered individual is adequately advised of the types of relevant security or counterintelligence information he or she is required to report. Requires the Director to issue guidance defining minor financial or mental health issues. Requires an Inspector General of an agency implementing an enhanced personnel security program to conduct at least one audit to assess the effectiveness and fairness of the program and to submit the results of the audit to the Director.

To enhance the Office of Personnel Management background check system for the granting, denial, or revocation of security clearances or access to classified information of employees and contractors of the Federal Government. 1. Short title This Act may be cited as the Enhanced Security Clearance Act of 2013 2. Office of Personnel Management enhanced security clearance system (a) In general Part III of title 5, United States Code, is amended by adding at the end the following: J Office of Personnel Management enhanced security clearance system 110 Office of Personnel Management enhanced security clearance system Sec. 11001. Office of Personnel Management enhanced security clearance system. 11001. Office of Personnel Management enhanced security clearance system. (a) Definitions In this section— (1) the term agency 50 U.S.C. 3341 (2) the term consumer reporting agency (3) the term covered individual (4) the term enhanced security clearance system 50 U.S.C. 3341(e) (5) the term major consumer reporting agency (b) Enhanced security clearance system Not later than 1 year after the date of enactment of the Enhanced Security Clearance Act of 2013 (c) Comprehensiveness (1) Sources of information The enhanced security clearance system shall integrate information obtained from various sources, including government, publically available, and commercial data sources, the major consumer reporting agencies, and social media. (2) Types of information Information obtained and integrated from sources described in paragraph (1) shall include— (A) information relating to any criminal or civil legal proceeding to which the covered individual is or becomes a party or witness; (B) financial information relating to the covered individual, including information relating to— (i) any bankruptcy proceeding of the covered individual; (ii) any lien against property of the covered individual; (iii) credit reports from the major consumer reporting agencies relating to the covered individual; (iv) mortgage fraud engaged in by the covered individual; (v) high-value assets, including financial assets, obtained by the covered individual from an unknown source; and (vi) bank accounts and the bank account balances of the covered individual; (C) associations, past or present, of the covered individual with any individual or group that may suggest ill intent, vulnerability to blackmail, compulsive behavior, allegiance to another country, or change in ideology of the covered individual; (D) public information, including news articles or reports, that includes derogatory information about the covered individual; (E) information posted on any social media website or forum that may suggest ill intent, vulnerability to blackmail, compulsive behavior, allegiance to another country, or change in ideology of the covered individual; and (F) data maintained on any terrorist or criminal watch list maintained by any agency, State or local government, or international organization, including any such list maintained by— (i) the Office of Foreign Assets Control of the Department of the Treasury; (ii) the Federal Bureau of Investigation; and (iii) the International Criminal Police Organization. (3) Wealth indicator The enhanced security clearance system shall have the ability to provide a wealth indicator for a covered individual about whom the major credit reporting agencies have little or no information. (4) Past contacts The enhanced security clearance system shall have the ability to provide the contact information of family members and present and former associates, co-habitants, and neighbors of the covered individual that has not been provided by the covered individual. (d) Reviews of security clearances and access (1) Reviews (A) In general Not less than 2 times every 5 years, the Director of the Office of Personnel Management, using the enhanced security clearance system, shall review the accuracy and comprehensiveness of information relating to the security clearance or access to classified information of each covered individual who is appointed to a position that requires its occupant to have such security clearance or access. (B) Individual reviews A review of the information relating to the security clearance or access to classified information of a covered individual under subparagraph (A) may not be conducted until after the end of the 120-day period beginning on the date such covered individual receives the required notification under paragraph (4). (2) Reporting results The Director of the Office of Personnel Management shall— (A) notify the agency that employs or contracts a covered individual if a review under paragraph (1) finds information pertinent to the revocation of the security clearance or access to classified information of the covered individual; and (B) provide such information to the agency. (3) Active security clearances and access Each agency that employs or contracts a covered individual who has an active security clearance or access to classified information shall provide the names of such individuals to the Director of the Office of Personnel Management at intervals determined appropriate by the Director of the Office of Personnel Management. (4) Information for covered individuals The Director of the Office of Personnel Management, in consultation with the head of each agency that employs or contracts with covered individuals who have an active security clearance or access to classified information, shall ensure that each such individual is adequately advised of what types of information the individual is required to report to the head of the agency that may be pertinent to the continuation of the security clearance or access to classified information of the individual. (5) Limitation Nothing in this subsection shall be construed as requiring increased consideration of information relating to minor financial or mental health issues of a covered individual in evaluating the security clearance or access to classified information of such individual. (e) Customization An agency may provide to the Director of the Office of Personnel Management specific parameters, including specifications relating to the types of information to be monitored by the enhanced security clearance system, to create a method for evaluating the potential risk posed by a covered individual based on the position to which the covered individual is being considered for appointment or has been appointed. (f) Individuals under investigation (1) Requirements for Inspector General The Inspector General of each agency shall— (A) maintain a list of each individual employed by or contracted with the agency who— (i) has an active security clearance or access to classified information; and (ii) is the subject of a completed investigation by the Director of the Office of Personnel Management or such Inspector General; and (B) provide the list required under subparagraph (A) to the Director of the Office of Personnel Management upon request. (2) Requirements for Director of the Office of Personnel Management The Director of the Office of Personnel Management shall— (A) request the list required under paragraph (1)(A) before any notification under subsection (d)(2)(A); and (B) include in any notification regarding a covered individual under subsection (d)(2)(A) information indicating that the covered individual is included on a list maintained under paragraph (1)(A). (g) Audit Beginning 2 years after the date of implementation of the enhanced security clearance system under subsection (b), the Inspector General of the Office of Personnel Management shall conduct an audit of the enhanced security clearance system to assess the effectiveness of the enhanced security clearance system, and its fairness to covered individuals. . (b) Funding from the revolving fund of the Office of Personnel Management Section 1304(e)(1) implementation of the enhanced security clearance system under section 11001 and including (c) Amendment to the Fair Credit Reporting Act Section 603(d) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a(d) (1) in paragraph (2)— (A) in the matter preceding subparagraph (A), by striking paragraph (3) paragraphs (3) and (4) (B) in subparagraph (C), by striking or (C) in subparagraph (D), by striking the period and inserting ; or (D) by adding at the end the following: (E) any communication made in connection with the granting, denial, review, or revocation of a Federal security clearance or access to classified information of a covered individual (as that term is defined in section 11001 (i) an agency (as that term is defined in section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341 (ii) an authorized contractor or subcontractor of the Federal Government. ; and (2) by adding at the end the following: (4) Communications relating to Federal security clearances and access to classified information The exclusion under paragraph (2)(E) shall not apply with respect to information originating from a major consumer reporting agency (as that term is defined in section 11001 of title 5, United States Code) relating to a credit account or the credit history of a covered individual (as that term is defined in section 11001 of title 5, United States Code). . (d) Technical and conforming amendment The table of chapters for part III of title 5, United States Code, is amended by adding at the end following: Subpart J—Office of Personnel Management Enhanced Security Clearance System 110. Office of Personnel Management Enhanced Security Clearance System 11001 . 1. Short title This Act may be cited as the Enhanced Security Clearance Act of 2014 2. Enhancing government personnel security programs (a) Definitions In this section— (1) the term covered individual (2) the term periodic reinvestigations (b) Resolution of backlog of overdue periodic reinvestigations (1) In general The Director of National Intelligence shall develop and implement a plan to eliminate the backlog of overdue periodic reinvestigations of covered individuals. (2) Requirements The plan developed under paragraph (1) shall— (A) use a risk-based approach to— (i) identify high-risk populations; and (ii) prioritize reinvestigations that are due or overdue to be conducted; and (B) use random automated record checks of covered individuals that shall include all covered individuals in the pool of individuals subject to a one-time check. (c) Enhanced security clearance programs Part III of title 5, United States Code, is amended by adding at the end the following: J Enhanced personnel security programs 110 Enhanced personnel security programs Sec. 11001. Enhanced personnel security programs. 11001. Enhanced personnel security programs (a) Definitions In this section— (1) the term agency 50 U.S.C. 3341 (2) the term consumer reporting agency 15 U.S.C. 1681a (3) the term covered individual (4) the term enhanced personnel security program (5) the term periodic reinvestigations (b) Enhanced Personnel Security Program The Director of National Intelligence shall direct each agency to implement a program to provide enhanced security review of covered individuals— (1) in accordance with this section; and (2) not later than the earlier of— (A) the date that is 5 years after the date of enactment of the Enhanced Security Clearance Act of 2014 (B) the date on which the backlog of overdue periodic reinvestigations of covered individuals is eliminated, as determined by the Director of National Intelligence. (c) Comprehensiveness (1) Sources of information The enhanced personnel security program of an agency shall integrate relevant information from various sources, including government, publicly available, and commercial data sources, consumer reporting agencies, social media, and such other sources as determined by the Director of National Intelligence. (2) Types of information Information obtained and integrated from sources described in paragraph (1) may include— (A) information relating to any criminal or civil legal proceeding; (B) financial information relating to the covered individual, including the credit worthiness of the covered individual; (C) public information, including news articles or reports, that includes relevant security or counterintelligence information about the covered individual; (D) publicly available electronic information, to include relevant security or counterintelligence information on any social media website or forum, that may suggest ill intent, vulnerability to blackmail, compulsive behavior, allegiance to another country, change in ideology, or any other information that may suggest the covered individual lacks good judgment, reliability or trustworthiness; and (E) data maintained on any terrorist or criminal watch list maintained by any agency, State or local government, or international organization. (d) Reviews of covered individuals (1) Reviews (A) In general The enhanced personnel security program of an agency shall require that, not less than 2 times every 5 years, the head of the agency shall conduct or request the conduct of automated record checks and checks of information from sources under subsection (c) to ensure the continued eligibility of each covered individual employed by the agency or a contractor of the agency, unless more frequent reviews of automated record checks and checks of information from sources under subsection (c) are conducted on the covered individual. (B) Scope of reviews Except for a covered individual who is subject to more frequent reviews to ensure the continued eligibility of the covered individual, the reviews under subparagraph (A) shall consist of random or aperiodic checks of covered individuals, such that each covered individual is subject to at least 2 reviews during the 5-year period beginning on the date on which the agency implements the enhanced personnel security program of an agency, and during each 5-year period thereafter. (C) Individual reviews A review of the information relating to the continued eligibility of a covered individual under subparagraph (A) may not be conducted until after the end of the 120-day period beginning on the date the covered individual receives the notification required under paragraph (3). (2) Results The head of an agency shall take appropriate action if a review under paragraph (1) finds relevant information that may affect the continued eligibility of a covered individual. (3) Information for covered individuals The head of an agency shall ensure that each covered individual employed by the agency or a contractor of the agency is adequately advised of the types of relevant security or counterintelligence information the covered individual is required to report to the head of the agency. (4) Limitation Nothing in this subsection shall be construed to affect the authority of an agency to determine the appropriate weight to be given to information relating to a covered individual in evaluating the continued eligibility of the covered individual. (5) Guidance for minor financial or mental health issues The Director of National Intelligence shall issue guidance defining minor financial or mental health issues, in accordance with this section and any direction from the President. (6) Authority of the President Nothing in this subsection shall be construed as limiting the authority of the President to direct or perpetuate periodic reinvestigations of a more comprehensive nature or to delegate the authority to direct or perpetuate such reinvestigations. (e) Audit (1) In general Beginning 2 years after the date of implementation of the enhanced personnel security program of an agency under subsection (b), the Inspector General of the agency shall conduct at least 1 audit to assess the effectiveness and fairness, which shall be determined in accordance with performance measures and standards established by the Director of National Intelligence, to covered individuals of the enhanced personnel security program of the agency. (2) Submissions to the DNI The results of each audit conducted under paragraph (1) shall be submitted to the Director of National Intelligence to assess the effectiveness and fairness of the enhanced personnel security programs across the Federal Government. . (d) Technical and conforming amendment The table of chapters for part III of title 5, United States Code, is amended by adding at the end following: Subpart J—Enhanced personnel security programs 110. Enhanced personnel security programs 11001 . Amend the title so as to read: A bill to enhance background checks for the granting, denial, or revocation of eligibility for access to classified information for employees and contractors of the Federal Government, or eligibility to hold a sensitive position for Federal employees. December 2, 2014 Reported with an amendment and an amendment to the title

Enhanced Security Clearance Act of 2014

Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act - (Sec. 4) Establishes the Alyce Spotted Bear and Walter Soboleff Commission on Native Children in the Office of Tribal Justice of the Department of Justice (DOJ). Requires the President and Congress to appoint to the Commission individuals who have significant experience and expertise in Indian affairs and matters to be studied by the Commission, including health care issues facing Native children, Indian education, juvenile justice programs, and social service programs used by Native children. Requires the Commission to establish a Native Advisory Committee consisting of representatives of Indian tribes from each region of the Bureau of Indian Affairs (BIA) and a native Hawaiian. Requires members of the Committee to be experienced in matters to be studied by the Commission. Requires the Commission to conduct a comprehensive study of federal, state, local, and tribal programs that serve Native children, including an evaluation of: the impact of concurrent jurisdiction on child welfare systems; barriers Indian tribes and Native Hawaiians face in using public and private grant resources; obstacles to nongovernmental financial support for programs benefitting Native children; issues relating to the validity and statistical significance of data on Native children; barriers to the development of sustainable, multidisciplinary programs designed to assist high-risk Native children and their families, as well as any examples of successful program models; and barriers to interagency coordination. Directs the Commission to use the results of the study and analyses of existing federal data to: develop plans and goals for federal policy relating to Native children in the short-, mid-, and long-term informed by the development of accurate child well-being measures; recommend modifications and improvements to programs that serve Native children that integrate the cultural strengths of Native communities and result in improvements to the child welfare system, the mental and physical health of Native children, educational and vocational opportunities, and tribal juvenile detention programs. recommend improvements to the collection of data regarding Native children and the programs that serve them; and identify models of successful federal, state, and tribal programs in the areas studied by the Commission. Requires the Commission to submit a report to the President, Congress, and the White House Council on Native American Affairs on its findings, conclusions, and recommendations for legislative and administrative action. Terminates the Commission 90 days after the report is submitted.

To establish the Alyce Spotted Bear and Walter Soboleff Commission on Native Children, and for other purposes. 1. Short title This Act may be cited as the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act 2. Findings Congress finds that— (1) the United States has a distinct legal, treaty, and trust obligation to provide for the education, health care, safety, social welfare, and other needs of Native children; (2) chronic underfunding of Federal programs to fulfill the longstanding Federal trust obligation has resulted in limited access to critical services for the more than 2,100,000 Native children under the age of 24 living in the United States; (3) Native children are the most at-risk population in the United States, confronting serious disparities in education, health, and safety, with 37 percent living in poverty; (4) 17 percent of Native children have no health insurance coverage, and child mortality has increased 15 percent among Native children aged 1 to 14, while the overall rate of child mortality in the United States decreased by 9 percent; (5) suicide is the second leading cause of death in Native children aged 15 through 24, a rate that is 2.5 times the national average, and violence, including intentional injuries, homicide, and suicide, account for 75 percent of the deaths of Native children aged 12 through 20; (6) 58 percent of 3- and 4-year-old Native children are not attending any form of preschool, 15 percent of Native children are not in school and not working, and the graduation rate for Native high school students is 50 percent; (7) 22.9 percent of Native children aged 12 and older report alcohol use, 16 percent report substance dependence or abuse, 35.8 percent report tobacco use, and 12.5 percent report illicit drug use; (8) Native children disproportionately enter foster care at a rate more than 2.1 times the general population and have the third highest rate of victimization; and (9) there is no resource that is more vital to the continued existence and integrity of Native communities than Native children, and the United States has a direct interest, as trustee, in protecting Native children. 3. Definitions In this Act: (1) Commission The term Commission (2) Indian The term Indian 25 U.S.C. 450b (3) Indian tribe The term Indian tribe 25 U.S.C. 450b (4) Native child The term Native child (A) an Indian child, as that term is defined in section 4 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903); (B) an Indian who is between the ages of 18 and 24 years old; and (C) a Native Hawaiian who is not older than 24 years old. (5) Native Hawaiian The term Native Hawaiian 20 U.S.C. 7517 (6) Secretary The term Secretary (7) Tribal College or University The term Tribal College or University 4. Commission on Native Children (a) In general There is established a commission in the Office of Tribal Justice of the Department of Justice, to be known as the Alyce Spotted Bear and Walter Soboleff Commission on Native Children (b) Membership (1) In general The Commission shall be composed of 11 members, of whom— (A) 3 shall be appointed by the President, in consultation with— (i) the Attorney General; (ii) the Secretary; (iii) the Secretary of Education; and (iv) the Secretary of Health and Human Services; (B) 3 shall be appointed by the Majority Leader of the Senate, in consultation with the Chairperson of the Committee on Indian Affairs of the Senate; (C) 1 shall be appointed by the Minority Leader of the Senate, in consultation with the Vice Chairperson of the Committee on Indian Affairs of the Senate; (D) 3 shall be appointed by the Speaker of the House of Representatives, in consultation with the Chairperson of the Committee on Natural Resources of the House of Representatives; and (E) 1 shall be appointed by the Minority Leader of the House of Representatives, in consultation with the Ranking Member of the Committee on Natural Resources of the House of Representatives. (2) Requirements for eligibility (A) In general Subject to subparagraph (B), each member of the Commission shall have significant experience and expertise in— (i) Indian affairs; and (ii) matters to be studied by the Commission, including— (I) health care issues facing Native children, including mental health, physical health, and nutrition; (II) Indian education, including experience with Bureau of Indian Education schools and public schools, tribally operated schools, tribal colleges or universities, early childhood education programs, and the development of extracurricular programs; (III) juvenile justice programs relating to prevention and reducing incarceration and rates of recidivism; and (IV) social service programs that are used by Native children and designed to address basic needs, such as food, shelter, and safety, including child protective services, group homes, and shelters. (B) Experts (i) Native children 1 member of the Commission shall— (I) meet the requirements under subparagraph (A); and (II) be responsible for providing the Commission with insight into and input from Native children on the matters studied by the Commission. (ii) Research 1 member of the Commission shall— (I) meet the requirements of subparagraph (A); and (II) have extensive experience in statistics or social science research. (3) Terms (A) In general Each member of the Commission shall be appointed for a term of 3 years. (B) Vacancies (i) In general A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (ii) Terms Any member appointed to fill a vacancy shall be appointed for the remainder of that term. (c) Operation (1) Chairperson Not later than 15 days after the date on which all members of the Commission have been appointed, the Commission shall select 1 member to serve as Chairperson of the Commission. (2) Meetings (A) In general The Commission shall meet at the call of the Chairperson. (B) Initial meeting The initial meeting of the Commission shall take place not later than 30 days after the date described in paragraph (1). (3) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (4) Rules The Commission may establish, by majority vote, any rules for the conduct of Commission business, in accordance with this Act and other applicable law. (d) Native Advisory Committee (1) Establishment The Commission shall establish a committee, to be known as the Native Advisory Committee (2) Membership (A) Composition The Native Advisory Committee shall consist of— (i) 1 representative of Indian tribes from each region of the Bureau of Indian Affairs who is 25 years of age or older; and (ii) 1 Native Hawaiian who is 25 years of age or older. (B) Qualifications Each member of the Native Advisory Committee shall have experience relating to matters to be studied by the Commission. (3) Duties The Native Advisory Committee shall— (A) serve as an advisory body to the Commission; and (B) provide to the Commission advice and recommendations, submit materials, documents, testimony, and such other information as the Commission determines to be necessary to carry out the duties of the Commission under this section. (4) Native children subcommittee The Native Advisory Committee shall establish a subcommittee that shall consist of at least 1 member from each region of the Bureau of Indian Affairs and 1 Native Hawaiian, each of whom shall be a Native child, and have experience serving on the council of a tribal, regional, or national youth organization. (e) Comprehensive study of Native children issues (1) In general The Commission shall conduct a comprehensive study of Federal, State, local, and tribal programs that serve Native children, including an evaluation of— (A) the impact of concurrent jurisdiction on child welfare systems; (B) the barriers Indian tribes and Native Hawaiians face in applying, reporting on, and using existing public and private grant resources, including identification of any Federal cost-sharing requirements; (C) the obstacles to nongovernmental financial support, such as from private foundations and corporate charities, for programs benefitting Native children; (D) the issues relating to data collection, such as small sample sizes, large margins of errors, or other issues related to the validity and statistical significance of data on Native children; (E) the barriers to the development of sustainable, multidisciplinary programs designed to assist high-risk Native children and families of those high-risk Native children, as well as any examples of successful program models and use of best practices; and (F) the barriers to interagency coordination on programs benefitting Native children. (2) Coordination In conducting the study under paragraph (1), to avoid duplication of efforts, the Commission shall, to the maximum extent practicable, collaborate with other workgroups focused on similar issues, such as the Task Force on American Indian/Alaska Native Children Exposed to Violence of the Attorney General. (3) Recommendations Taking into consideration the results of the study under paragraph (1) and the analysis of any existing data relating to Native children received from Federal agencies, the Commission shall— (A) develop goals, and plans for achieving those goals, for Federal policy relating to Native children in the short-, mid-, and long-term, which shall be informed by the development of accurate child well-being measures; (B) make recommendations on necessary modifications and improvements to programs that serve Native children at the Federal, State, and tribal level that integrate the cultural strengths of the communities of the Native children and will result in— (i) improvements to the child welfare system that— (I) reduce the disproportionate rate at which Native children enter child protective services and the period of time spent in the foster system; (II) increase coordination among social workers, police, and foster families assisting Native children while in the foster system to result in the increased safety of Native children while in the foster system; (III) encourage the hiring and retention of licensed social workers in Native communities; (IV) address the lack of available foster homes in Native communities; and (V) improve the academic proficiency and graduation rates of Native children in the foster system; (ii) improvements to the mental and physical health of Native children, taking into consideration the rates of suicide, substance abuse, and access to nutrition and health care, including— (I) an analysis of the increased access of Native children to Medicaid under the Patient Protection and Affordable Care Act ( Public Law 111–148 (II) an evaluation of the effects of a lack of public sanitation infrastructure, including in-home sewer and water, on the health status of Native children; (iii) improvements to educational and vocational opportunities for Native children that will lead to— (I) increased school attendance, performance, and graduation rates for Native children across all educational levels, including early education, post-secondary, and graduate school; (II) scholarship opportunities at a Tribal College or University and other public and private postsecondary institutions; (III) increased participation of the immediate families of Native children; (IV) coordination among schools and Indian tribes that serve Native children, including in the areas of data sharing and student tracking; (V) accurate identification of students as Native children; and (VI) increased school counseling services, improved access to quality nutrition at school, and safe student transportation; (iv) improved policies and practices by local school districts that would result in improved academic proficiency for Native children; (v) increased access to extracurricular activities for Native children that are designed to increase self-esteem, promote community engagement, and support academic excellence while also serving to prevent unplanned pregnancy, membership in gangs, drug and alcohol abuse, and suicide, including activities that incorporate traditional language and cultural practices of Indians and Native Hawaiians; (vi) improvements to Federal, State, and tribal juvenile detention programs— (I) to provide greater access to educational opportunities and social services for incarcerated Native children; (II) to promote prevention and reduce incarceration and recidivism rates among Native children; (III) to incorporate families and the traditional cultures of Indians and Native Hawaiians in the process, including through the development of a family court for juvenile offenses; and (IV) to prevent unnecessary detentions and identify successful reentry programs; (vii) expanded access to a continuum of early development and learning services for Native children from prenatal to age 5 that are culturally competent, support Native language preservation, and comprehensively promote the health, well-being, learning, and development of Native children, such as— (I) high quality early care and learning programs for children starting from birth, including Early Head Start, Head Start, child care, and preschool programs; (II) programs, including home visiting and family resource and support programs, that increase the capacity of parents to support the learning and development of the children of the parents, beginning prenatally, and connect the parents with necessary resources; (III) early intervention and preschool services for infants, toddlers, and preschool-aged children with developmental delays or disabilities; and (IV) professional development opportunities for Native providers of early development and learning services; (viii) the development of a system that delivers wrap-around services to Native children in a way that is comprehensive and sustainable, including through increased coordination among Indian tribes, schools, law enforcement, health care providers, social workers, and families; (ix) more flexible use of existing Federal programs, such as by— (I) providing Indians and Native Hawaiians with more flexibility to carry out programs, while minimizing administrative time, cost, and expense and reducing the burden of Federal paperwork requirements; and (II) allowing unexpended Federal funds to be used flexibly across Federal agencies to support programs benefitting Native children, while taking into account— (aa) the 477 Demonstration Initiative of the Department of the Interior; (bb) the Coordinated Tribal Assistance Solicitation program of the Department of Justice; (cc) the Federal policy of self-determination; and (dd) any consolidated grant programs; and (x) solutions to other issues that, as determined by the Commission, would improve the health, safety, and well-being of Native children; (C) based on the use by the Commission of the existing data, make recommendations for improving data collection methods that consider— (i) the adoption of standard definitions and compatible systems platforms to allow for greater linkage of data sets across Federal agencies; (ii) the appropriateness of existing data categories for comparative purposes; (iii) the development of quality data and measures, such as by ensuring sufficient sample sizes and frequency of sampling, for Federal, State, and tribal programs that serve Native children; (iv) the collection and measurement of data that are useful to Indian tribes and Native Hawaiians; (v) the inclusion of Native children in longitudinal studies; and (vi) tribal access to data gathered by Federal, State, and local governmental agencies; and (D) identify models of successful Federal, State, and tribal programs in the areas studied by the Commission. (f) Report Not later than 3 years after the date on which all members of the Commission are appointed and amounts are made available to carry out this Act, the Commission shall submit to the President, Congress, and the White House Council on Native American Affairs a report that contains— (1) a detailed statement of the findings and conclusions of the Commission; and (2) the recommendations of the Commission for such legislative and administrative actions as the Commission considers to be appropriate. (g) Powers (1) Hearings (A) In general The Commission may hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Commission considers to be advisable to carry out the duties of the Commission under this section, except that the Commission shall hold not less than 5 hearings in Native communities. (B) Public requirement The hearings of the Commission under this paragraph shall be open to the public. (2) Witness expenses (A) In general A witness requested to appear before the Commission shall be paid the same fees and allowances as are paid to witnesses under section 1821 of title 28, United States Code. (B) Per diem and mileage The fees and allowances for a witness shall be paid from funds made available to the Commission. (3) Information from Federal, tribal, and State agencies (A) In general The Commission may secure directly from a Federal agency such information as the Commission considers to be necessary to carry out this section. (B) Tribal and State agencies The Commission may request the head of any tribal or State agency to provide to the Commission such information as the Commission considers to be necessary to carry out this Act. (4) Postal services The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (5) Gifts The Commission may accept, use, and dispose of gifts or donations of services or property related to the purpose of the Commission. (h) Commission personnel matters (1) Travel expenses A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 (2) Detail of Federal employees (A) In general On the affirmative vote of 2/3 (i) the Attorney General, the Secretary, the Secretary of Education, and the Secretary of the Health and Human Services shall each detail, without reimbursement, 1 or more employees of the Department of Justice, the Department of the Interior, the Department of Education, and the Department of Health and Human Services; and (ii) with the approval of the appropriate Federal agency head, an employee of any other Federal agency may be, without reimbursement, detailed to the Commission. (B) Effect on detailees Detail under this paragraph shall be without interruption or loss of civil service status, benefits, or privileges. (3) Procurement of temporary and intermittent services (A) In general On request of the Commission, the Attorney General shall provide to the Commission, on a reimbursable basis, reasonable and appropriate office space, supplies, and administrative assistance. (B) No requirement for physical facilities The Administrator of General Services shall not be required to locate a permanent, physical office space for the operation of the Commission. (4) Members not Federal employees No member of the Commission, the Native Advisory Committee, or the Native Children Subcommittee shall be considered to be a Federal employee. (i) Termination of commission The Commission shall terminate 90 days after the date on which the Commission submits the report under subsection (f). (j) Nonapplicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission, the Native Advisory Committee, or the Native Children Subcommittee. (k) Funding Out of any unobligated amounts made available to the Secretary, the Attorney General, or the Secretary of Health and Human Services, the Attorney General shall make not more than $2,000,000 available to the Commission to carry out this Act. 1. Short title This Act may be cited as the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act 2. Findings Congress finds that— (1) the United States has a distinct legal, treaty, and trust obligation to provide for the education, health care, safety, social welfare, and other needs of Native children; (2) chronic underfunding of Federal programs to fulfill the longstanding Federal trust obligation has resulted in limited access to critical services for the more than 2,100,000 Native children under the age of 24 living in the United States; (3) Native children are the most at-risk population in the United States, confronting serious disparities in education, health, and safety, with 37 percent living in poverty; (4) 17 percent of Native children have no health insurance coverage, and child mortality has increased 15 percent among Native children aged 1 to 14, while the overall rate of child mortality in the United States decreased by 9 percent; (5) suicide is the second leading cause of death in Native children aged 15 through 24, a rate that is 2.5 times the national average, and violence, including intentional injuries, homicide, and suicide, account for 75 percent of the deaths of Native children aged 12 through 20; (6) 58 percent of 3- and 4-year-old Native children are not attending any form of preschool, 15 percent of Native children are not in school and not working, and the graduation rate for Native high school students is 50 percent; (7) 22.9 percent of Native children aged 12 and older report alcohol use, 16 percent report substance dependence or abuse, 35.8 percent report tobacco use, and 12.5 percent report illicit drug use; (8) Native children disproportionately enter foster care at a rate more than 2.1 times the general population and have the third highest rate of victimization; and (9) there is no resource that is more vital to the continued existence and integrity of Native communities than Native children, and the United States has a direct interest, as trustee, in protecting Native children. 3. Definitions In this Act: (1) Commission The term Commission (2) Indian The term Indian 25 U.S.C. 450b (3) Indian tribe The term Indian tribe 25 U.S.C. 450b (4) Native child The term Native child (A) an Indian child, as that term is defined in section 4 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903); (B) an Indian who is between the ages of 18 and 24 years old; and (C) a Native Hawaiian who is not older than 24 years old. (5) Native Hawaiian The term Native Hawaiian 20 U.S.C. 7517 (6) Secretary The term Secretary (7) Tribal College or University The term Tribal College or University 4. Commission on Native Children (a) In general There is established a commission in the Office of Tribal Justice of the Department of Justice, to be known as the Alyce Spotted Bear and Walter Soboleff Commission on Native Children (b) Membership (1) In general The Commission shall be composed of 11 members, of whom— (A) 3 shall be appointed by the President, in consultation with— (i) the Attorney General; (ii) the Secretary; (iii) the Secretary of Education; and (iv) the Secretary of Health and Human Services; (B) 3 shall be appointed by the Majority Leader of the Senate, in consultation with the Chairperson of the Committee on Indian Affairs of the Senate; (C) 1 shall be appointed by the Minority Leader of the Senate, in consultation with the Vice Chairperson of the Committee on Indian Affairs of the Senate; (D) 3 shall be appointed by the Speaker of the House of Representatives, in consultation with the Chairperson of the Committee on Natural Resources of the House of Representatives; and (E) 1 shall be appointed by the Minority Leader of the House of Representatives, in consultation with the Ranking Member of the Committee on Natural Resources of the House of Representatives. (2) Requirements for eligibility (A) In general Subject to subparagraph (B), each member of the Commission shall have significant experience and expertise in— (i) Indian affairs; and (ii) matters to be studied by the Commission, including— (I) health care issues facing Native children, including mental health, physical health, and nutrition; (II) Indian education, including experience with Bureau of Indian Education schools and public schools, tribally operated schools, tribal colleges or universities, early childhood education programs, and the development of extracurricular programs; (III) juvenile justice programs relating to prevention and reducing incarceration and rates of recidivism; and (IV) social service programs that are used by Native children and designed to address basic needs, such as food, shelter, and safety, including child protective services, group homes, and shelters. (B) Experts (i) Native children 1 member of the Commission shall— (I) meet the requirements of subparagraph (A); and (II) be responsible for providing the Commission with insight into and input from Native children on the matters studied by the Commission. (ii) Research 1 member of the Commission shall— (I) meet the requirements of subparagraph (A); and (II) have extensive experience in statistics or social science research. (3) Terms (A) In general Each member of the Commission shall be appointed for the life of the Commission. (B) Vacancies A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (c) Operation (1) Chairperson Not later than 15 days after the date on which all members of the Commission have been appointed, the Commission shall select 1 member to serve as Chairperson of the Commission. (2) Meetings (A) In general The Commission shall meet at the call of the Chairperson. (B) Initial meeting The initial meeting of the Commission shall take place not later than 30 days after the date described in paragraph (1). (3) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (4) Rules The Commission may establish, by majority vote, any rules for the conduct of Commission business, in accordance with this Act and other applicable law. (d) Native Advisory Committee (1) Establishment The Commission shall establish a committee, to be known as the Native Advisory Committee (2) Membership (A) Composition The Native Advisory Committee shall consist of— (i) 1 representative of Indian tribes from each region of the Bureau of Indian Affairs who is 25 years of age or older; and (ii) 1 Native Hawaiian who is 25 years of age or older. (B) Qualifications Each member of the Native Advisory Committee shall have experience relating to matters to be studied by the Commission. (3) Duties The Native Advisory Committee shall— (A) serve as an advisory body to the Commission; and (B) provide to the Commission advice and recommendations, submit materials, documents, testimony, and such other information as the Commission determines to be necessary to carry out the duties of the Commission under this section. (4) Native children subcommittee The Native Advisory Committee shall establish a subcommittee that shall consist of at least 1 member from each region of the Bureau of Indian Affairs and 1 Native Hawaiian, each of whom shall be a Native child, and have experience serving on the council of a tribal, regional, or national youth organization. (e) Comprehensive study of Native children issues (1) In general The Commission shall conduct a comprehensive study of Federal, State, local, and tribal programs that serve Native children, including an evaluation of— (A) the impact of concurrent jurisdiction on child welfare systems; (B) the barriers Indian tribes and Native Hawaiians face in applying, reporting on, and using existing public and private grant resources, including identification of any Federal cost-sharing requirements; (C) the obstacles to nongovernmental financial support, such as from private foundations and corporate charities, for programs benefitting Native children; (D) the issues relating to data collection, such as small sample sizes, large margins of error, or other issues related to the validity and statistical significance of data on Native children; (E) the barriers to the development of sustainable, multidisciplinary programs designed to assist high-risk Native children and families of those high-risk Native children, as well as any examples of successful program models and use of best practices; and (F) the barriers to interagency coordination on programs benefitting Native children. (2) Coordination In conducting the study under paragraph (1), the Commission shall, to the maximum extent practicable— (A) to avoid duplication of efforts, collaborate with other workgroups focused on similar issues, such as the Task Force on American Indian/Alaska Native Children Exposed to Violence of the Attorney General; and (B) to improve coordination and reduce travel costs, use available technology. (3) Recommendations Taking into consideration the results of the study under paragraph (1) and the analysis of any existing data relating to Native children received from Federal agencies, the Commission shall— (A) develop goals, and plans for achieving those goals, for Federal policy relating to Native children in the short-, mid-, and long-term, which shall be informed by the development of accurate child well-being measures; (B) make recommendations on necessary modifications and improvements to programs that serve Native children at the Federal, State, and tribal levels that integrate the cultural strengths of the communities of the Native children and will result in— (i) improvements to the child welfare system that— (I) reduce the disproportionate rate at which Native children enter child protective services and the period of time spent in the foster system; (II) increase coordination among social workers, police, and foster families assisting Native children while in the foster system to result in the increased safety of Native children while in the foster system; (III) encourage the hiring and retention of licensed social workers in Native communities; (IV) address the lack of available foster homes in Native communities; and (V) reduce truancy and improve the academic proficiency and graduation rates of Native children in the foster system; (ii) improvements to the mental and physical health of Native children, taking into consideration the rates of suicide, substance abuse, and access to nutrition and health care, including— (I) an analysis of the increased access of Native children to Medicaid under the Patient Protection and Affordable Care Act ( Public Law 111–148 (II) an evaluation of the effects of a lack of public sanitation infrastructure, including in-home sewer and water, on the health status of Native children; (iii) improvements to educational and vocational opportunities for Native children that will lead to— (I) increased school attendance, performance, and graduation rates for Native children across all educational levels, including early education, post-secondary, and graduate school; (II) localized strategies developed by educators, tribal and community leaders, and law enforcement to prevent and reduce truancy among Native children; (III) scholarship opportunities at a Tribal College or University and other public and private postsecondary institutions; (IV) increased participation of the immediate families of Native children; (V) coordination among schools and Indian tribes that serve Native children, including in the areas of data sharing and student tracking; (VI) accurate identification of students as Native children; and (VII) increased school counseling services, improved access to quality nutrition at school, and safe student transportation; (iv) improved policies and practices by local school districts that would result in improved academic proficiency for Native children; (v) increased access to extracurricular activities for Native children that are designed to increase self-esteem, promote community engagement, and support academic excellence while also serving to prevent unplanned pregnancy, membership in gangs, drug and alcohol abuse, and suicide, including activities that incorporate traditional language and cultural practices of Indians and Native Hawaiians; (vi) improvements to Federal, State, and tribal juvenile detention programs— (I) to provide greater access to educational opportunities and social services for incarcerated Native children; (II) to promote prevention and reduce incarceration and recidivism rates among Native children; (III) to incorporate families and the traditional cultures of Indians and Native Hawaiians in the process, including through the development of a family court for juvenile offenses; and (IV) to prevent unnecessary detentions and identify successful reentry programs; (vii) expanded access to a continuum of early development and learning services for Native children from prenatal to age 5 that are culturally competent, support Native language preservation, and comprehensively promote the health, well-being, learning, and development of Native children, such as— (I) high quality early care and learning programs for children starting from birth, including Early Head Start, Head Start, child care, and preschool programs; (II) programs, including home visiting and family resource and support programs, that increase the capacity of parents to support the learning and development of the children of the parents, beginning prenatally, and connect the parents with necessary resources; (III) early intervention and preschool services for infants, toddlers, and preschool-aged children with developmental delays or disabilities; and (IV) professional development opportunities for Native providers of early development and learning services; (viii) the development of a system that delivers wrap-around services to Native children in a way that is comprehensive and sustainable, including through increased coordination among Indian tribes, schools, law enforcement, health care providers, social workers, and families; (ix) more flexible use of existing Federal programs, such as by— (I) providing Indians and Native Hawaiians with more flexibility to carry out programs, while minimizing administrative time, cost, and expense and reducing the burden of Federal paperwork requirements; and (II) allowing unexpended Federal funds to be used flexibly across Federal agencies to support programs benefitting Native children, while taking into account— (aa) the 477 Demonstration Initiative of the Department of the Interior; (bb) the Coordinated Tribal Assistance Solicitation program of the Department of Justice; (cc) the Federal policy of self-determination; and (dd) any consolidated grant programs; and (x) solutions to other issues that, as determined by the Commission, would improve the health, safety, and well-being of Native children; (C) based on the use by the Commission of the existing data, make recommendations for improving data collection methods that consider— (i) the adoption of standard definitions and compatible systems platforms to allow for greater linkage of data sets across Federal agencies; (ii) the appropriateness of existing data categories for comparative purposes; (iii) the development of quality data and measures, such as by ensuring sufficient sample sizes and frequency of sampling, for Federal, State, and tribal programs that serve Native children; (iv) the collection and measurement of data that are useful to Indian tribes and Native Hawaiians; (v) the inclusion of Native children in longitudinal studies; and (vi) tribal access to data gathered by Federal, State, and local governmental agencies; and (D) identify models of successful Federal, State, and tribal programs in the areas studied by the Commission. (f) Report Not later than 3 years after the date on which all members of the Commission are appointed and amounts are made available to carry out this Act, the Commission shall submit to the President, Congress, and the White House Council on Native American Affairs a report that contains— (1) a detailed statement of the findings and conclusions of the Commission; and (2) the recommendations of the Commission for such legislative and administrative actions as the Commission considers to be appropriate. (g) Powers (1) Hearings (A) In general The Commission may hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Commission considers to be advisable to carry out the duties of the Commission under this section, except that the Commission shall hold not less than 5 hearings in Native communities. (B) Public requirement The hearings of the Commission under this paragraph shall be open to the public. (2) Witness expenses (A) In general A witness requested to appear before the Commission shall be paid the same fees and allowances as are paid to witnesses under section 1821 of title 28, United States Code. (B) Per diem and mileage The fees and allowances for a witness shall be paid from funds made available to the Commission. (3) Information from Federal, tribal, and State agencies (A) In general The Commission may secure directly from a Federal agency such information as the Commission considers to be necessary to carry out this section. (B) Tribal and State agencies The Commission may request the head of any tribal or State agency to provide to the Commission such information as the Commission considers to be necessary to carry out this Act. (4) Postal services The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (5) Gifts The Commission may accept, use, and dispose of gifts or donations of services or property related to the purpose of the Commission. (h) Commission personnel matters (1) Travel expenses A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 (2) Detail of Federal employees (A) In general On the affirmative vote of 2/3 (i) the Attorney General, the Secretary, the Secretary of Education, and the Secretary of the Health and Human Services shall each detail, without reimbursement, 1 or more employees of the Department of Justice, the Department of the Interior, the Department of Education, and the Department of Health and Human Services; and (ii) with the approval of the appropriate Federal agency head, an employee of any other Federal agency may be, without reimbursement, detailed to the Commission. (B) Effect on detailees Detail under this paragraph shall be without interruption or loss of civil service status, benefits, or privileges. (3) Procurement of temporary and intermittent services (A) In general On request of the Commission, the Attorney General shall provide to the Commission, on a reimbursable basis, reasonable and appropriate office space, supplies, and administrative assistance. (B) No requirement for physical facilities The Administrator of General Services shall not be required to locate a permanent, physical office space for the operation of the Commission. (4) Members not Federal employees No member of the Commission, the Native Advisory Committee, or the Native Children Subcommittee shall be considered to be a Federal employee. (i) Termination of commission The Commission shall terminate 90 days after the date on which the Commission submits the report under subsection (f). (j) Nonapplicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission, the Native Advisory Committee, or the Native Children Subcommittee. (k) Funding Out of any unobligated amounts made available to the Secretary, the Attorney General, or the Secretary of Health and Human Services, the Attorney General shall make not more than $2,000,000 available to the Commission to carry out this Act. August 26, 2014 Reported with an amendment

Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act

Recidivism Reduction and Public Safety Act of 2014 - (Sec. 2) Directs the Attorney General to: (1) conduct a review of recidivism reduction programming and productive activities, including prison jobs, offered in correctional institutions; (2) conduct a survey to identify products currently manufactured overseas that could be manufactured by prisoners without reducing job opportunities for other U.S. workers; and (3) submit to the House and Senate Committees on Appropriations and the Judiciary a strategic plan for the expansion of recidivism reduction programming and productive activities, including prison jobs, in Bureau of Prison facilities. Amends the federal criminal code to direct the Director of the Bureau of Prisons to make available appropriate recidivism reduction programming or productive activities, including prison jobs, to all eligible prisoners and to assign such prisoners to such activities using the Post-Sentencing Risk and Needs Assessment System developed by the Attorney General. Defines "eligible prisoner" to mean a prisoner serving a sentence of incarceration for conviction of a federal offense, but excludes a prisoner whom the Bureau of Prisons determines: (1) is medically unable to successfully complete recidivism reduction activities, (2) would present a security risk if permitted to participate in such activities, or (3) is serving a sentence of incarceration of less than one month. Directs the Attorney General to issue regulations requiring the official in charge of each correctional facility to enter into partnerships with nonprofit organizations, including faith-based and community-based organizations, educational organizations, and private entities, to make recidivism reduction programming and productive activities available to eligible prisoners. Grants eligibility to a prisoner who has successfully completed a recidivism reduction program or productive activity for time credits for each period of 30 days of successful completion of such a program or activity, except prisoners who have been convicted of certain federal crimes, including crimes involving terrorism, violence, or child exploitation. Sets forth criteria for determining whether a prisoner has successfully completed such a program or activity. (Sec. 3) Requires the Attorney General to develop the Post-Sentencing Risk and Needs Assessment System for use by the Bureau of Prisons to: (1) assess and determine the recidivism risk level of all prisoners and classify each prisoner as having a low, moderate, or high risk of recidivism, (2) ensure that low-risk prisoners are grouped together in housing and assignment decisions, and (3) provide information on best practices. Directs the Attorney General to: (1) develop training protocols and programs for Bureau of Prisons officials and employees responsible for administering the System, and (2) monitor and assess the use of the System and conduct periodic audits of its use at Bureau of Prisons facilities. (Sec. 4) Amends the federal criminal code to allow a prisoner: (1) a period of home confinement as part of a program of prerelease custody, not to exceed 10% of the prisoner's imposed sentence; (2) to enter into prerelease custody if such prisoner is classified as low or moderate risk; and (3) to serve a certain portion of his or her sentence on community supervision if such prisoner is classified as low risk, complies with all conditions of prerelease custody, remains current on financial obligations, and refrains from committing any federal, state, or local offense. Prohibits the Director of the Bureau of Prisons from transferring a prisoner to prerelease custody if the prisoner has been sentenced to a term of incarceration of more than three years unless the Director gives six-month's prior notice to the sentencing court of such transfer. (Sec. 5) Requires the Attorney General to report to specified congressional committees on: (1) activities and accomplishments of the Attorney General in carrying out this Act, an assessment of the status and use of the Post-Sentencing Risk and Needs Assessment System by the Bureau of Prisons, a summary and assessment of recidivism reduction programs operated by the Bureau of Prisons, and an assessment of budgetary saving resulting from this Act; (2) the status of prison work programs; (3) rates of recidivism; and (4) the effectiveness of recidivism reduction programs and activities offered to prisoners who are ineligible for time credits. (Sec. 6) Directs the Attorney General to: (1) evaluate best practices used for the reentry of federal prisoners released from custody and report to the House and Senate Judiciary Committees on such evaluation; (2) select an appropriate number of federal judicial districts to conduct federal reentry demonstration projects using such best practices, and (3) report on the impact of reentry of prisoners on communities in which a disproportionate number of individuals reside upon release from incarceration. Requires the Director of the Bureau of Prisons to: (1) notify the Secretary of Veterans Affairs (VA) if a prisoner's presentence report indicates that the prisoner has previously served in the U.S. Armed Forces, and (2) provide VA with reasonable access to such prisoner to facilitate reentry. (Sec. 7) Amends the federal criminal code to require a presentence report to include: (1) information about the defendant's history of substance abuse and addiction; (2) information about the defendant's service in the Armed Forces and veteran status; and (3) a detailed plan that the probation officer determines will reduce the likelihood that the defendant will abuse drugs or alcohol, will reduce the defendant's likelihood of recidivism by addressing the defendant's specific recidivism risk factors, and will assist the defendant in preparing for reentry into the community. Requires the Director of the Bureau of Prisons to ensure that each prisoner eligible for substance abuse treatment completes treatment not later than one year prior to such prisoner's release date. Requires the Administrative Office of the United States Courts to: (1) establish a five-year recidivism reduction and recovery enhancement pilot program, premised on high-intensity supervision and the use of sanctions for noncompliance with program rules; and (2) conduct an evaluation of the pilot program and report to Congress on the results of the evaluation. Sets forth requirements for participation in the pilot program.

To reduce recidivism and increase public safety, and for other purposes. 1. Short title This Act may be cited as the Recidivism Reduction and Public Safety Act of 2013 2. Evidence-based recidivism reduction programming (a) In general Section 3621 (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2) by inserting after subsection (e) the following: (f) Recidivism reduction programming (1) Definitions In this subsection— (A) the term evidence-based recidivism reduction programming (i) means a course of instruction or activities that have been demonstrated to reduce recidivism or promote successful reentry, which may include vocational training, cognitive behavioral programming, prison employment, and educational programming; and (ii) includes recovery programming; and (B) the term recovery programming (2) Recidivism reduction programs Subject to the availability of appropriations, the Bureau of Prisons shall offer evidence-based recidivism reduction programs to prisoners who have been assessed, pursuant to section 3 of the Recidivism Reduction and Public Safety Act of 2013 (3) Consultation In carrying out this subsection, the Bureau of Prisons shall consult with other relevant agencies within the Department of Justice, including the National Institute of Justice and the Criminal Division, as well as with the Administrative Office of the Courts, United States Probation and Pretrial Services, the United States Sentencing Commission, and any other entity as appropriate. (4) Credit for successful participation (A) In general The period a prisoner remains in custody after successfully participating in an evidence-based recidivism reduction program may be reduced, in the discretion of the Bureau of Prisons, by no more than 60 days per year of participation in the program, from the term the prisoner must otherwise serve. (B) Participation in programs lasting less than 1 year The credit described in subparagraph may be prorated for prisoners who successfully participate in evidence-based recidivism reduction programs lasting less than 1 year. (C) Bureau of Prisons determination Any determination as to whether a prisoner has successfully participated in an evidence-based recidivism reduction program shall be in the sole discretion of the Bureau of Prisons and no prisoner shall be entitled to a reduction in sentence pursuant to this subsection. (D) Limitation on reduction in sentence The combined credit awarded under this subsection and subsection (e) may not exceed 15 percent of the total sentence imposed. (5) Partnerships with non-profit organizations In carrying out this subsection, the Bureau of Prisons shall enter into partnerships, as appropriate, with non-profit organizations, including faith- and community-based organizations and educational institutions, that offer appropriate evidence-based recidivism reduction programming. (6) Prioritization In offering programming to prisoners under this subsection, the Bureau of Prisons shall give preference to— (A) prisoners with earlier anticipated release dates; and (B) prisoners who have demonstrated the greatest need for such programming. (7) Report to Congress Beginning 2 years after the date of enactment of this Act, and every year thereafter, the Bureau of Prisons shall submit to the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives and the Committee on the Judiciary and the Committee on Appropriations of the Senate a report that describes— (A) all evidence-based recidivism reduction programming offered pursuant to this section and the Bureau of Prisons facilities in which such programming was offered; (B) the number of participants in each such recidivism reduction program at each institution; the number who successfully participated in such program; and the amount of credit for such successful participation awarded; and (C) the partnerships with non-profit organizations entered into pursuant to paragraph (5). . (b) Effective date The amendments made by this section shall take effect 180 days after the date of enactment of this Act. 3. Individual recidivism risk factor and needs assessment (a) Development of methodology and procedures (1) In general Not later than 180 days after the date of enactment of this Act, the Attorney General shall develop a methodology and procedure to assess the recidivism risk factors of all prisoners committed to the custody of the Bureau of Prisons for a term of imprisonment other than life imprisonment and to identify programming to reduce the risk factors. (2) Consultation In developing the methodology and procedure required under paragraph (1), and in updating the methodology and procedure as appropriate, the Attorney General shall— (A) use available research in the field; (B) consult with academic and other experts as appropriate; and (C) consult with the Administrative Office of the Courts, United States Probation and Pretrial Services, the United States Sentencing Commission, and any other entity as appropriate. (b) Assessments of prisoners The Bureau of Prisons shall use the methodology and procedure developed under subsection (a) to assess each prisoner’s recidivism risk factors and to identify evidence-based recidivism reduction programming (as defined in section 3621(f) of title 18, United States Code, as added by this Act) likely to address such recidivism risk factors. (c) Time period for assessments (1) Sentencing after date of enactment For prisoners sentenced to a term of imprisonment after the date that is 180 days after the date of enactment of this Act, the Bureau of Prisons shall complete the assessment required by this section as soon as is practicable after the prisoner is sentenced. (2) Prior sentencing (A) Definition In this paragraph, the term covered prisoner (B) Requirement The Bureau of Prisons shall complete the assessment required by this section— (i) for not less than 20 percent of the total number of covered prisoners not later than 2 years after the date of enactment of this Act; (ii) for not less than 40 percent of the total number of covered prisoners not later than 3 years after the date of enactment of this Act; (iii) for not less than 60 percent of the total number of covered prisoners not later than 4 years after the date of enactment of this Act; (iv) for not less than 80 percent of the total number of covered prisoners not later than 5 years after the date of enactment of this Act; and (v) for all covered prisoners not later than 6 years after the date of enactment of this Act. (d) Update of assessments The Bureau of Prisons shall update the assessment of each prisoner required by this section on an appropriate schedule of review and reassessment, as determined by the Bureau of Prisons. (e) Reporting on recidivism rates (1) In general Beginning 1 year after the date of enactment of this Act, and every year thereafter, United States Probation and Pretrial Services shall report to Congress and the Department of Justice on rates of recidivism among individuals who have been released from Federal prison and who are under the supervision of United States Probation and Pretrial Services. (2) Contents The report required under paragraph (1) shall contain information on rates of recidivism among former Federal prisoners, including information on rates of recidivism among former Federal prisoners based on the following criteria: (A) Primary offense charged. (B) Length of sentence. (C) Bureau of Prisons facility or facilities in which the prisoner’s sentence was served. (D) Recidivism reduction programming in which the prisoner successfully participated, if any. (E) The prisoner’s assessed risk of recidivism pursuant to subsection (b). 4. Promoting successful reentry (a) Federal reentry demonstration projects (1) Evaluation of existing best practices for reentry Not later than 180 days after the date of enactment of this Act, the Administrative Office of the Courts, in consultation with the Attorney General, shall— (A) evaluate best practices used for the reentry into society of individuals released from the custody of the Bureau of Prisons, including conducting examinations of reentry practices in State and local justice systems and consulting with Federal, State, and local prosecutors, Federal, State, and local public defenders, and nonprofit organizations that provide reentry services; and (B) shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report that details the evaluation conducted under subparagraph (A). (2) Creation of reentry demonstration projects Not later than 1 year after the date of enactment of this Act, the Attorney General, in consultation with the Administrative Office of the United States Courts, shall select an appropriate number of Federal judicial districts which shall conduct Federal reentry demonstration projects using the best practices identified in the evaluation conducted under paragraph (1). The Attorney General shall determine the appropriate number of Federal judicial districts to conduct demonstration projects under this paragraph. (3) Project design For each Federal judicial district selected under paragraph (2), the United States Attorney, in consultation with the Chief Judge, Chief Federal Defender, and the Chief Probation Officer, shall design a Federal reentry demonstration project for the Federal judicial district in accordance with paragraph (4). (4) Project elements A project designed under paragraph (3) shall coordinate efforts by Federal agencies to assist participating prisoners in preparing for and adjusting to reentry into the community and may include, as appropriate— (A) the use of community correctional facilities and home confinement, as determined to be appropriate by the Bureau of Prisons; (B) a reentry review team for each prisoner to develop a reentry plan specific to the needs of the prisoner, and to meet with the prisoner following transfer to monitor the reentry plan; (C) steps to assist the prisoner in obtaining health care, housing, and employment, before the prisoner’s release from a community correctional facility or home confinement; (D) regular drug testing; (E) a system of graduated levels of supervision and immediate sanctions for violations of the conditions of participation in the project; (F) substance abuse treatment, medical treatment, including mental health treatment, vocational and educational training, life skills instruction, recovery support, conflict resolution training, and other programming to promote effective reintegration into the community; (G) the participation of volunteers to serve as advisors and mentors to prisoners being released into the community; and (H) steps to ensure that the prisoner makes satisfactory progress toward satisfying any obligations to victims of the prisoner’s offense, including any obligation to pay restitution. (5) Review of project outcomes Not later than 5 years after the date of enactment of this Act, the Administrative Office of the Courts, in consultation with the Attorney General, shall— (A) evaluate the results from each Federal judicial district selected under paragraph (2), including the extent to which participating prisoners released from the custody of the Bureau of Prisons were successfully reintegrated into their communities, maintained employment, and refrained from committing further offenses; and (B) submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report that contains— (i) the evaluation of the best practices identified in the report required under paragraph (1); and (ii) the results of the demonstration projects required under paragraph (2). (b) Study on the impact of reentry on certain communities (1) In general Not later than 2 years after the date of enactment of this Act, the Attorney General, in consultation with the Administrative Office of the Courts, shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report on the impact of reentry of prisoners on communities in which a disproportionate number of individuals reside upon release from incarceration. (2) Contents The report required under paragraph (1) shall analyze the impact of reentry of individuals released from both State and Federal correctional systems as well as State and Federal juvenile justice systems, and shall include— (A) an assessment of the reentry burdens borne by local communities; (B) a review of the resources available in such communities to support successful reentry, including resources provided by State, local, and Federal governments, the extent to which those resources are used effectively; and (C) recommendations to strengthen the resources in such communities available to support successful reentry and to lessen the burden placed on such communities by the need to support reentry. 5. Additional tools to promote recovery and prevent drug and alcohol abuse and dependence (a) Reentry and recovery planning (1) Presentence reports Section 3552 (A) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; (B) by inserting after subsection (a) the following: (b) Reentry and recovery planning (1) In general In addition to the information required by rule 32(d) of the Federal Rules of Criminal Procedure, the report submitted pursuant to subsection (a) shall contain the following information, unless such information is required to be excluded pursuant to rule 32(d)(3) of the Federal Rules of Criminal Procedure or except as provided in paragraph (2): (A) Information about the defendant’s history of substance abuse and addiction, if any. (B) A detailed plan, which shall include the identification of programming provided by the Bureau of Prisons that is appropriate for the defendant’s needs, that the probation officer determines will— (i) reduce the likelihood the defendant will abuse drugs or alcohol; (ii) reduce the defendant’s likelihood of recidivism by addressing the defendant’s specific recidivism risk factors; and (iii) assist the defendant preparing for reentry into the community. (2) Exception The information described in paragraph (1)(B) shall not be required to be included under paragraph (1) if the applicable sentencing range under the sentencing guidelines, as determined by the probation officer, includes a sentence of life imprisonment. ; (C) in subsection (c), as redesignated, in the first sentence, by striking subsection (a) or (c) subsection (a) or (d) (D) in subsection (d), as redesignated, by striking subsection (a) or (b) subsection (a) or (c) (2) Technical and conforming amendment Section 3672 subsection (b) or (c) subsection (c) or (d) (b) Promoting full utilization of residential drug treatment Section 3621(e)(2) (C) Commencement of treatment Not later than 3 years after the date of enactment of the Recidivism Reduction and Public Safety Act of 2013 . (c) Supervised release pilot program To reduce recidivism and improve recovery from alcohol and drug abuse (1) In general Not later than 2 years after the date of enactment of this Act, United States Probation and Pretrial Services shall establish a recidivism reduction and recovery enhancement pilot program, premised on high-intensity supervision and the use of swift, predictable, and graduated sanctions for noncompliance with program rules, in Federal judicial districts selected by the Administrative Office of the Courts in consultation with the Attorney General. (2) Requirements of program Participation in the pilot program required under paragraph (1) shall be subject to the following requirements: (A) Upon entry into the pilot program, the court shall notify program participants of the rules of the program and consequences for violating such rules, including the penalties to be imposed as a result of such violations pursuant to paragraph (E). (B) Probation officers shall conduct regular drug testing of all pilot program participants with a history of substance abuse. (C) In the event that a probation officer determines that a participant has violated a term of supervised release, the officer shall notify the court within 24 hours of such violation. (D) As soon as is practicable, and in no case more than 1 week after the violation was reported by the probation officer, absent good cause, the court shall conduct a hearing on the alleged violation. (E) If the court determines that a program participant has violated a term of supervised release, it shall impose an appropriate sanction, which may include the following, if appropriate: (i) Modification of the terms of such participant’s supervised release, which may include imposition of a period of home confinement. (ii) Referral to appropriate substance abuse treatment. (iii) Revocation of the defendant’s supervised release and the imposition of a sentence of incarceration that is no longer than necessary to punish the participant for such violation and deter the participant from committing future violations. (iv) For participants who habitually fail to abide by program rules or pose a threat to public safety, termination from the program. (3) Status of participant if incarcerated (A) In general In the event that a program participant is sentenced to incarceration as described in paragraph (2)(E)(iii), the participant shall remain in the program upon release from incarceration unless terminated from the program in accordance with paragraph (2)(E)(iv). (B) Policies for maintaining employment The Bureau of Prisons, in consultation with the Chief Probation Officers of the Federal judicial districts selected for participation in the pilot program required under paragraph (1), shall develop policies to enable program participants sentenced to terms of incarceration as described in paragraph (2)(E) to, where practicable, serve the terms of incarceration while maintaining employment, including allowing the terms of incarceration to be served on weekends. (4) Advisory sentencing policies (A) In general The United States Sentencing Commission, in consultation with the Chief Probation Officers, the United States Attorneys, Federal Defenders, and Chief Judges of the districts selected for participation in the pilot program required under paragraph (1), shall establish advisory sentencing policies to be used by the district courts in imposing sentences of incarceration in accordance with paragraph (2)(E). (B) Requirement The advisory sentencing policies established under subparagraph (A) shall be consistent with the stated goal of the pilot program to impose predictable and graduated sentences that are no longer than necessary for violations of program rules. (5) Duration of program The pilot program required under paragraph (1) shall continue for not less than 5 years and may be extended for not more than 5 years by the Administrative Office of the Courts. (6) Assessment of program outcomes and report to Congress (A) In general Not later than 6 years after the date of enactment of this Act, the Administrative Office of the Courts shall conduct an evaluation of the pilot program and submit to Congress a report on the results of the evaluation. (B) Contents The report required under subparagraph (A) shall include— (i) the rates of substance abuse among program participants; (ii) the rates of violations of the terms of supervised release by program participants, and sanctions imposed; (iii) information about employment of program participants; (iv) a comparison of outcomes among program participants with outcomes among similarly situated individuals under the supervision of United States Probation and Pretrial Services not participating in the program; and (v) an assessment of the effectiveness of each of the relevant features of the program. 6. Calculation of good-time credit (a) In general Section 3624(b) (1) by striking paragraph (1) and inserting the following: (1) Subject to paragraphs (2) and (3)(C), a prisoner who is serving a term of imprisonment of more than 1 year, other than a term of imprisonment for the duration of the prisoner’s life, shall receive credit toward the service of the prisoner’s sentence, in addition to the time actually served by the prisoner, beginning on the date on which the sentence of the prisoner commences, at the rate of 54 days per year of sentence imposed, if the Bureau of Prisons determines that the prisoner has displayed exemplary compliance with institutional disciplinary regulations. ; and (2) by striking paragraphs (3) and (4) and inserting the following: (3) (A) This subsection shall apply to all prisoners serving a term of imprisonment for offenses committed on or after November 1, 1987. (B) With respect to a prisoner serving a term of imprisonment on the date of enactment of the Recidivism Reduction and Public Safety Act of 2013 (C) A prisoner may not be awarded credit under this subsection that would cause the prisoner to be eligible for release earlier than the time already served by the prisoner on the imposed sentence. . (b) Effective date The amendments made by subsection (a) shall take effect 90 days after the date of enactment of this Act. 7. Authorization of appropriations There are authorized to be appropriated to the Department of Justice to carry out this Act such sums as may be necessary for each of fiscal years 2015 through 2019. 1. Short title This Act may be cited as the Recidivism Reduction and Public Safety Act of 2014 2. Recidivism reduction programming and productive activities (a) In general Not later than 1 year after the date of enactment of this Act, the Attorney General shall— (1) conduct a review of recidivism reduction programming and productive activities, including prison jobs, offered in correctional institutions, including programming and activities offered in State correctional institutions, which shall include a review of research on the effectiveness of such programs; (2) conduct a survey to identify products, including products purchased by Federal agencies, that are currently manufactured overseas and could be manufactured by prisoners participating in a prison work program without reducing job opportunities for other workers in the United States; and (3) submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives a strategic plan for the expansion of recidivism reduction programming and productive activities, including prison jobs, in Bureau of Prisons facilities required by section 3621(h)(1) (b) Amendment Section 3621 (h) Recidivism reduction programming and productive activities (1) In general The Director of the Bureau of Prisons, shall, subject to the availability of appropriations, make available to all eligible prisoners appropriate recidivism reduction programming or productive activities, including prison jobs, in accordance with paragraph (2). (2) Expansion period In carrying out this subsection, the Director of the Bureau of Prisons shall have 6 years beginning on the date of enactment of this subsection to ensure appropriate recidivism reduction programming and productive activities, including prison jobs, are available for all eligible prisoners. (3) Recidivism reduction partnerships Not later than 18 months after the date of enactment of this subsection, the Attorney General shall issue regulations requiring the official in charge of each correctional facility to ensure, subject to the availability of appropriations, that appropriate recidivism reduction programming and productive activities, including prison jobs, are available for all eligible prisoners within the time period specified in paragraph (2), by entering into partnerships with the following: (A) Nonprofit organizations, including faith-based and community-based organizations, that provide recidivism reduction programming, on a paid or volunteer basis. (B) Educational institutions that will deliver academic classes in Bureau of Prisons facilities, on a paid or volunteer basis. (C) Private entities that will, on a volunteer basis— (i) deliver occupational and vocational training and certifications in Bureau of Prisons facilities; (ii) provide equipment to facilitate occupational and vocational training or employment opportunities for prisoners; (iii) employ prisoners; or (iv) assist prisoners in prerelease custody or supervised release in finding employment. (4) Assignments In assigning prisoners to recidivism reduction programming and productive activities, the Director of the Bureau of Prisons shall use the Post-Sentencing Risk and Needs Assessment System described in section 3621A and shall ensure that— (A) to the extent practicable, prisoners are separated from prisoners of other risk classifications in accordance with best practices for effective recidivism reduction; (B) a prisoner who has been classified as low risk and without need for recidivism reduction programming shall participate in and successfully complete productive activities, including prison jobs, in order to maintain a low-risk classification; (C) a prisoner who has successfully completed all recidivism reduction programming to which the prisoner was assigned shall participate in productive activities, including a prison job; and (D) to the extent practicable, each eligible prisoner shall participate in and successfully complete recidivism reduction programming or productive activities, including prison jobs, throughout the entire term of incarceration of the prisoner. (5) Mentoring services Any person who provided mentoring services to a prisoner while the prisoner was in a penal or correctional facility of the Bureau of Prisons shall be permitted to continue such services after the prisoner has been transferred into prerelease custody, unless the person in charge of the penal or correctional facility of the Bureau of Prisons demonstrates, in a written document submitted to the person, that such services would be a significant security risk to the prisoner, persons who provide such services, or any other person. (6) Recidivism reduction program incentives and rewards Prisoners who have successfully completed recidivism reduction programs and productive activities shall be eligible for the following: (A) Time credits (i) In general Subject to clauses (ii) and (iii), a prisoner who has successfully completed a recidivism reduction program or productive activity shall receive time credits of 5 days for each period of 30 days of successful completion of such program or activity. A prisoner who is classified as low risk shall receive additional time credits of 5 days for each period of 30 days of successful completion of such program or activity. (ii) Availability A prisoner may not receive time credits under this subparagraph for successfully completing a recidivism reduction program or productive activity— (I) before the date of enactment of this subsection; or (II) during official detention before the date on which the prisoner’s sentence commences under section 3585(a). (iii) Exclusions No credit shall be awarded under this subparagraph to a prisoner serving a sentence for a second or subsequent conviction for a Federal offense imposed after the date on which the prisoner’s first such conviction became final. No credit shall be awarded under this subparagraph to a prisoner who is in criminal history category VI at the time of sentencing. No credit shall be awarded under this subparagraph to any prisoner serving a sentence of imprisonment for conviction for any of the following offenses: (I) A Federal crime of terrorism, as defined under section 2332b(g)(5). (II) A Federal crime of violence, as defined under section 16. (III) A Federal sex offense, as described in section 111 of the Sex Offender Registration and Notification Act (42 U.S.C. 16911). (IV) A violation of section 1962. (V) Engaging in a continuing criminal enterprise, as defined in section 408 of the Controlled Substances Act ( 21 U.S.C. 848 (VI) A Federal fraud offense for which the prisoner received a sentence of imprisonment of more than 15 years. (VII) A Federal crime involving child exploitation, as defined in section 2 of the PROTECT Our Children Act of 2008 ( 42 U.S.C. 17601 (iv) Identification of covered offenses Not later than 1 year after the date of enactment of this subsection, the United States Sentencing Commission shall prepare and submit to the Director of the Bureau of Prisons a list of all Federal offenses described in subclauses (I) through (VII) of clause (iii), and shall update such list on an annual basis. (B) Other incentives The Bureau of Prisons shall develop policies to provide appropriate incentives for successful completion of recidivism reduction programming and productive activities, other than time credit pursuant to subparagraph (A), including incentives for prisoners who are precluded from earning credit under subparagraph (A)(iii). Such incentives may include additional telephone or visitation privileges for use with family, close friends, mentors, and religious leaders. (C) Penalties The Bureau of Prisons may reduce rewards a prisoner has previously earned under subparagraph (A) for prisoners who violate the rules of the penal or correctional facility in which the prisoner is imprisoned, a recidivism reduction program, or a productive activity. (D) Relation to other incentive programs The incentives described in this paragraph shall be in addition to any other rewards or incentives for which a prisoner may be eligible, except that a prisoner shall not be eligible for the time credits described in subparagraph (A) if the prisoner has accrued time credits under another provision of law based solely upon participation in, or successful completion of, such program. (7) Successful completion For purposes of this subsection, a prisoner— (A) shall be considered to have successfully completed a recidivism reduction program or productive activity, if the Bureau of Prisons determines that the prisoner— (i) regularly attended and participated in the recidivism reduction program or productive activity; (ii) regularly completed assignments or tasks in a manner that allowed the prisoner to realize the criminogenic benefits of the recidivism reduction program or productive activity; (iii) did not regularly engage in disruptive behavior that seriously undermined the administration of the recidivism reduction program or productive activity; and (iv) satisfied the requirements of clauses (i) through (iii) for a time period that is not less than 30 days and allowed the prisoner to realize the criminogenic benefits of the recidivism reduction program or productive activity; and (B) for purposes of paragraph (6)(A), may be given credit for successful completion of a recidivism reduction program or productive activity for the time period during which the prisoner participated in such program or activity if the prisoner satisfied the requirements of subparagraph (A) during such time period, notwithstanding that the prisoner continues to participate in such program or activity. (8) Definitions In this subsection: (A) Eligible prisoner For purposes of this subsection, the term eligible prisoner (i) means a prisoner serving a sentence of incarceration for conviction of a Federal offense; and (ii) does not include any prisoner who the Bureau of Prisons determines— (I) is medically unable to successfully complete recidivism reduction programming or productive activities; (II) would present a security risk if permitted to participate in recidivism reduction programming; or (III) is serving a sentence of incarceration of less than 1 month. (B) Productive activity The term productive activity (i) means a group or individual activity, including holding a job as part of a prison work program, that is designed to allow prisoners classified as having a lower risk of recidivism to maintain such classification, when offered to such prisoners; and (ii) may include the delivery of the activities described in subparagraph (C)(i)(II) to other prisoners. (C) Recidivism reduction program The term recidivism reduction program (i) means a group or individual activity that— (I) has been shown by evidence to reduce recidivism or promote successful reentry; and (II) may include— (aa) classes on social learning and life skills; (bb) classes on morals or ethics; (cc) academic classes; (dd) cognitive behavioral treatment; (ee) mentoring; (ff) occupational and vocational training; (gg) faith-based classes or services; (hh) victim-impact classes or other restorative justice programs; and (ii) a prison job; and (ii) shall include— (I) a productive activity; and (II) recovery programming. (D) Recovery programming The term recovery programming . 3. Post-sentencing risk and needs assessment system (a) In general Subchapter C of chapter 229 3621A. Post-sentencing risk and needs assessment system (a) In general Not later than 30 months after the date of the enactment of this section, the Attorney General shall develop for use by the Bureau of Prisons an offender risk and needs assessment system, to be known as the Post-Sentencing Risk and Needs Assessment System Assessment System (1) assess and determine the recidivism risk level of all prisoners and classify each prisoner as having a low, moderate, or high risk of recidivism; (2) ensure that, to the extent practicable, low-risk prisoners are grouped together in housing and assignment decisions; (3) assign each prisoner to appropriate recidivism reduction programs or productive activities based on the prisoner’s risk level and the specific criminogenic needs of the prisoner, and in accordance with section 3621(h)(4); (4) reassess and update the recidivism risk level and programmatic needs of each prisoner pursuant to the schedule set forth in subsection (c)(2), and assess changes in the prisoner’s recidivism risk within a particular risk level; and (5) provide information on best practices concerning the tailoring of recidivism reduction programs to the specific criminogenic needs of each prisoner so as to effectively lower the prisoner’s risk of recidivating. (b) Development of system (1) In general In designing the Assessment System, the Attorney General shall— (A) use available research and best practices in the field and consult with academic and other criminal justice experts as appropriate; and (B) ensure that the Assessment System measures indicators of progress and improvement, and of regression, including newly acquired skills, attitude, and behavior changes over time, through meaningful consideration of dynamic risk factors, such that— (i) all prisoners at each risk level other than low risk have a meaningful opportunity to progress to a lower risk classification during the period of the incarceration of the prisoner through changes in dynamic risk factors; and (ii) all prisoners on prerelease custody, other than prisoners classified as low risk, have a meaningful opportunity to progress to a lower risk classification during such custody through changes in dynamic risk factors. (2) Risk and needs assessment tools In carrying out this subsection, the Attorney General shall— (A) develop a suitable intake assessment tool to perform the initial assessments and determinations described in subsection (a)(1), and to make the assignments described in subsection (a)(3); (B) develop a suitable reassessment tool to perform the reassessments and updates described in subsection (a)(4); and (C) develop a suitable tool to assess the recidivism risk level of prisoners in prerelease custody. (3) Use of existing risk and needs assessment tools permitted In carrying out this subsection, the Attorney General may use existing risk and needs assessment tools, as appropriate, for the assessment tools required under paragraph (2). (4) Validation In carrying out this subsection, the Attorney General shall statistically validate the risk and needs assessment tools on the Federal prison population, or ensure that the tools have been so validated. To the extent such validation cannot be completed with the time period specified in subsection (a), the Attorney General shall ensure that such validation is completed as soon as is practicable. (5) Relationship with existing classification systems The Bureau of Prisons may incorporate its existing Inmate Classification System into the Assessment System if the Assessment System assesses the risk level and criminogenic needs of each prisoner and determines the appropriate security level institution for each prisoner. Before the development of the Assessment System, the Bureau of Prisons may use the existing Inmate Classification System, or a pre-existing risk and needs assessment tool that can be used to classify prisoners consistent with subsection (a)(1), or can be reasonably adapted for such purpose, for purposes of this section, section 3621(h), and section 3624(c). (c) Risk assessment (1) Initial assessments Not later than 30 months after the date on which the Attorney General develops the Assessment System, the Bureau of Prisons shall determine the risk level of each prisoner using the Assessment System. (2) Reassessments and updates The Bureau of Prisons shall update the assessment of each prisoner required under paragraph (1)— (A) not less frequently than once each year for any prisoner whose anticipated release date is within 3 years; (B) not less frequently than once every 2 years for any prisoner whose anticipated release date is within 10 years; and (C) not less frequently than once every 3 years for any other prisoner. (d) Assignment of recidivism reduction programs or productive activities The Assessment System shall provide guidance on the kind and amount of recidivism reduction programming or productive activities appropriate for each prisoner. (e) Bureau of prisons training The Attorney General shall develop training protocols and programs for Bureau of Prisons officials and employees responsible for administering the Assessment System. Such training protocols shall include a requirement that personnel of the Bureau of Prisons demonstrate competence in using the methodology and procedure developed under this section on a regular basis. (f) Quality assurance In order to ensure that the Bureau of Prisons is using the Assessment System in an appropriate and consistent manner, the Attorney General shall monitor and assess the use of the Assessment System and shall conduct periodic audits of the use of the Assessment System at facilities of the Bureau of Prisons. (g) Determinations and classifications unreviewable Subject to any constitutional limitations, there shall be no right of review, right of appeal, cognizable property interest, or cause of action, either administrative or judicial, arising from any determination or classification made by any Federal agency or employee while implementing or administering the Assessment System, or any rules or regulations promulgated under this section. (h) Definitions In this section: (1) Dynamic risk factor The term dynamic risk factor (2) Recidivism risk The term recidivism risk (3) Recidivism reduction program; productive activity; recovery programming The terms recidivism reduction program productive activity recovery programming . (b) Technical and conforming amendment The table of sections for subchapter C of chapter 229 3621A. Post-sentencing risk and needs assessment system. . 4. Prerelease custody (a) In general Section 3624(c) (1) in paragraph (1), by striking the period at the end of the second sentence and inserting or home confinement, subject to the limitation that no prisoner may serve more than 10 percent of the prisoner’s imposed sentence in home confinement pursuant to this paragraph. (2) by striking paragraphs (2) and (3) and inserting the following: (2) Credit for recidivism reduction In addition to any time spent in prerelease custody pursuant to paragraph (1), a prisoner shall spend an additional portion of the final months of the prisoner’s sentence, equivalent to the amount of time credit the prisoner has earned pursuant to section 3621(h)(6)(A), in prerelease custody, if— (A) the prisoner’s most recent risk and needs assessment, conducted within 1 year of the date on which the prisoner would first be eligible for transfer to prerelease custody pursuant to paragraph (1) and this paragraph, reflects that the prisoner is classified as low or moderate risk; and (B) for a prisoner classified as moderate risk, the prisoner’s most recent risk and needs assessment reflects that the prisoner’s risk of recidivism has declined during the period of the prisoner’s incarceration. (3) Types of prerelease custody A prisoner eligible to serve a portion of the prisoner’s sentence in prerelease custody pursuant to paragraph (2) may serve such portion in a residential reentry center, on home confinement, or, subject to paragraph (5), on community supervision. ; (3) by redesignating paragraphs (4) through (6) as paragraphs (9) through (11), respectively; (4) by inserting the following after paragraph (3): (4) Home confinement (A) In general Upon placement in home confinement pursuant to paragraph (2), a prisoner shall— (i) be subject to 24-hour electronic monitoring that enables the prompt identification of any violation of clause (ii); (ii) remain in the prisoner’s residence, with the exception of the following activities, subject to approval by the Director of the Bureau of Prisons— (I) participation in a job or job-seeking activities; (II) participation in recidivism reduction programming or productive activities assigned by the Post-Sentencing Risk and Needs Assessment System, or similar activities approved in advance by the Director of the Bureau of Prisons; (III) participation in community service; (IV) crime victim restoration activities; (V) medical treatment; or (VI) religious activities; and (iii) comply with such other conditions as the Director of the Bureau of Prisons deems appropriate. (B) Alternative means of monitoring If compliance with subparagraph (A)(i) is infeasible due to technical limitations or religious considerations, the Director of the Bureau of Prisons may employ alternative means of monitoring that are determined to be as effective as or more effective than electronic monitoring. (C) Modifications The Director of the Bureau of Prisons may modify the conditions of the prisoner’s home confinement for compelling reasons, if the prisoner’s record demonstrates exemplary compliance with such conditions. (5) Community supervision (A) Time credit less than 36 months Any prisoner described in subparagraph (D) who has earned time credit of less than 36 months pursuant to section 3621(h)(6)(A) shall be eligible to serve no more than one-half of the amount of such credit on community supervision, if the prisoner satisfies the conditions set forth in subparagraph (C). (B) Time credit of 36 months or more Any prisoner described in subparagraph (D) who has earned time credit of 36 months or more pursuant to section 3621(h)(6)(A) shall be eligible to serve the amount of such credit exceeding 18 months on community supervision, if the prisoner satisfies the conditions set forth in subparagraph (C). (C) Conditions of community supervision A prisoner placed on community supervision shall be subject to such conditions as the Director of the Bureau of Prisons deems appropriate. A prisoner on community supervision may remain on community supervision until the conclusion of the prisoner’s sentence of incarceration if the prisoner— (i) complies with all conditions of prerelease custody; (ii) remains current on any financial obligations imposed as part of the prisoner’s sentence, including payments of court-ordered restitution arising from the offense of conviction; and (iii) refrains from committing any State, local, or Federal offense. (D) Covered prisoners A prisoner described in this subparagraph is a prisoner who— (i) is classified as low risk by the Post-Sentencing Risk and Needs Assessment System in the assessment conducted for purposes of paragraph (2); or (ii) is subsequently classified as low risk by the Post-Sentencing Risk and Needs Assessment System. (6) Violations If a prisoner violates a condition of the prisoner’s prerelease custody, the Director of the Bureau of Prisons may revoke the prisoner’s prerelease custody and require the prisoner to serve the remainder of the prisoner’s term of incarceration, or any portion thereof, in prison, or impose additional conditions on the prisoner’s prerelease custody as the Director of the Bureau of Prisons deems appropriate. If the violation is non-technical in nature, the Director of the Bureau of Prisons shall revoke the prisoner’s prerelease custody. (7) Credit for prerelease custody Upon completion of a prisoner’s sentence, any term of supervised release imposed on the prisoner shall be reduced by the amount of time the prisoner served in prerelease custody pursuant to paragraph (2). (8) Agreements with United States Probation and Pretrial Services The Director of the Bureau of Prisons shall, to the extent practicable, enter into agreements with the United States Probation and Pretrial Services to supervise prisoners placed in home confinement or community supervision under this subsection. Such agreements may authorize United States Probation and Pretrial Services to exercise the authority granted to the Director of the Bureau of Prisons pursuant to paragraphs (4), (5), and (12). United States Probation and Pretrial Services shall, to the extent practicable, offer assistance to any prisoner not under its supervision during prerelease custody under this subsection. ; and (5) by inserting at the end the following: (12) Determination of appropriate conditions for prerelease custody In determining appropriate conditions for prerelease custody pursuant to this subsection, and in accordance with paragraph (5), the Director of the Bureau of Prisons shall, to the extent practicable, subject prisoners who demonstrate continued compliance with the requirements of such prerelease custody to increasingly less restrictive conditions, so as to most effectively prepare such prisoners for reentry. No prisoner shall be transferred to community supervision unless the length of the prisoner's eligibility for community supervision pursuant to paragraph (5) is equivalent to or greater than the length of the prisoner's remaining period of prerelease custody. (13) Aliens subject to deportation If the prisoner is an alien whose deportation was ordered as a condition of supervised release or who is subject to a detainer filed by Immigration and Customs Enforcement for the purposes of determining the alien’s deportability, the Director of the Bureau of Prisons shall, upon the prisoner’s transfer to prerelease custody pursuant to paragraphs (1) and (2), deliver the prisoner to United States Immigration and Customs Enforcement for the purpose of conducting proceedings relating to the alien’s deportation. (14) Notice to court (A) In general The Director of the Bureau of Prisons may not transfer a prisoner to prerelease custody pursuant to paragraph (2) if the prisoner has been sentenced to a term of incarceration of more than 3 years, unless the Director of the Bureau of Prisons provides prior notice to the sentencing court. (B) Time requirement The notice required under subparagraph (A) shall be provided not later than 6 months before the date on which the prisoner is to be transferred. (C) Contents of notice The notice required under subparagraph (A) shall include the following information: (i) The amount of credit earned pursuant to paragraph (2). (ii) The anticipated date of the prisoner’s transfer. (iii) The nature of the prisoner’s planned prerelease custody. (iv) The prisoner's behavioral record. (v) The most recent risk assessment of the prisoner. (D) Hearing (i) In general The court may, on motion of the Government or on the court's own motion, conduct a hearing on the prisoner's transfer to prerelease custody. (ii) Prisoner's presence The prisoner shall have the right to be present at a hearing described in clause (i), which right the prisoner may waive. (iii) Motion A motion filed by the Government seeking a hearing— (I) shall set forth the basis for the Government’s request that the prisoner’s transfer be denied or modified pursuant to subparagraph (E); and (II) shall not require the Court to conduct a hearing described in clause (i). (E) Determination of the Court The court may deny the transfer of the prisoner to prerelease custody or modify the terms of such transfer, if, after conducting a hearing pursuant to subparagraph (D), the court finds in writing, by a preponderance of the evidence, that the transfer of the prisoner is inconsistent with the factors specified in paragraphs (2), (6), and (7) of section 3553(a). . (b) Effective date The amendments made by this section shall take effect 1 year after the date of enactment of this Act. 5. Reports (a) Annual reports Not later than 1 year after the date of enactment of this Act, and every year thereafter, the Attorney General shall submit to the appropriate committees of Congress a report that contains the following: (1) A summary of the activities and accomplishments of the Attorney General in carrying out this Act and the amendments made by this Act. (2) An assessment of the status and use of the Post-Sentencing Risk and Needs Assessment System by the Bureau of Prisons, including the number of prisoners classified at each risk level under the Post-Sentencing Risk and Needs Assessment System at each facility of the Bureau of Prisons. (3) A summary and assessment of the types and effectiveness of the recidivism reduction programs and productive activities in facilities operated by the Bureau of Prisons, including— (A) evidence about which programs and activities have been shown to reduce recidivism; (B) the capacity of each program and activity at each facility, including the number of prisoners along with the risk level of each prisoner enrolled in each program and activity; and (C) identification of any problems or shortages in capacity of such programs and activities, and how these should be remedied. (4) An assessment of budgetary savings resulting from this Act and the amendments made by this Act, to include— (A) a summary of savings resulting from the transfer of prisoners into prerelease custody under this Act and the amendments made by this Act; (B) a summary of savings resulting from any decrease in recidivism that may be attributed to the implementation of the Post-Sentencing Risk and Needs Assessment System or the increase in recidivism reduction programs and productive activities required by this Act and the amendments made by this Act; and (C) a strategy to reinvest such savings into other Federal, State, and local law enforcement activities and expansions of recidivism reduction programs and productive activities in the Bureau of Prisons. (b) Prison work programs report Not later than 180 days after the date of enactment of this Act, the Attorney General shall submit to the appropriate committees of Congress a report on the status of prison work programs at facilities operated by the Bureau of Prisons, including— (1) a strategy to expand the availability of such programs without reducing job opportunities for workers in the United States who are not in the custody of the Bureau of Prisons; (2) an assessment of the feasibility of expanding such programs, consistent with the strategy required under paragraph (1), so that, not later than 5 years after the date of enactment of this Act, not less than 75 percent of eligible low-risk offenders have the opportunity to participate in a prison work program for not less than 20 hours per week; and (3) a detailed discussion of legal authorities that would be useful or necessary to achieve the goals described in paragraphs (1) and (2). (c) Reporting on recidivism rates (1) In general Beginning 1 year after the date of enactment of this Act, and every year thereafter, the Attorney General, in consultation with the Administrative Office of the United States Courts, shall report to the appropriate committees of Congress on rates of recidivism among individuals who have been released from Federal prison and who are under judicial supervision. (2) Contents The report required under paragraph (1) shall contain information on rates of recidivism among former Federal prisoners, including information on rates of recidivism among former Federal prisoners based on the following criteria: (A) Primary offense charged. (B) Length of sentence imposed and served. (C) Bureau of Prisons facility or facilities in which the prisoner’s sentence was served. (D) Recidivism reduction programming that the prisoner successfully completed, if any. (E) The prisoner’s assessed risk of recidivism. (3) Assistance The Administrative Office of the United States Courts shall provide to the Attorney General any information in its possession that is necessary for the completion of the report required under paragraph (1). (d) Reporting on excluded prisoners Not later than 8 years after the date of enactment of this Act, the Attorney General shall submit to the appropriate committees of Congress a report on the effectiveness of recidivism reduction programs and productive activities offered to prisoners described in section 3621(h)(6)(A)(iii) (e) Definition The term appropriate committees of Congress (1) the Committee on the Judiciary and the Subcommittee on Commerce, Justice, Science, and Related Agencies of the Committee on Appropriations of the Senate; and (2) the Committee on the Judiciary and the Subcommittee on Commerce, Justice, Science, and Related Agencies of the Committee on Appropriations of the House of Representatives. 6. Promoting successful reentry (a) Federal reentry demonstration projects (1) Evaluation of existing best practices for reentry Not later than 2 years after the date of enactment of this Act, the Attorney General, in consultation with the Administrative Office of the United States Courts, shall— (A) evaluate best practices used for the reentry into society of individuals released from the custody of the Bureau of Prisons, including— (i) conducting examinations of reentry practices in State and local justice systems; and (ii) consulting with Federal, State, and local prosecutors, Federal, State, and local public defenders, nonprofit organizations that provide reentry services, and criminal justice experts; and (B) submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that details the evaluation conducted under subparagraph (A). (2) Creation of reentry demonstration projects Not later than 3 years after the date of enactment of this Act, the Attorney General, in consultation with the Administrative Office of the United States Courts, shall, subject to the availability of appropriations, select an appropriate number of Federal judicial districts to conduct Federal reentry demonstration projects using the best practices identified in the evaluation conducted under paragraph (1). The Attorney General shall determine the appropriate number of Federal judicial districts to conduct demonstration projects under this paragraph. (3) Project design For each Federal judicial district selected under paragraph (2), the United States Attorney, in consultation with the Chief Judge, the Chief Federal Defender, the Chief Probation Officer, the Bureau of Justice Assistance, the National Institute of Justice, and criminal justice experts shall design a Federal reentry demonstration project for the Federal judicial district in accordance with paragraph (4). (4) Project elements A project designed under paragraph (3) shall coordinate efforts by Federal agencies to assist participating prisoners in preparing for and adjusting to reentry into the community and may include, as appropriate— (A) the use of community correctional facilities and home confinement, as determined to be appropriate by the Bureau of Prisons; (B) a reentry review team for each prisoner to develop a reentry plan specific to the needs of the prisoner, and to meet with the prisoner following transfer to monitor the reentry plan; (C) steps to assist the prisoner in obtaining health care, housing, and employment, before the prisoner’s release from a community correctional facility or home confinement; (D) regular drug testing for participants with a history of substance abuse; (E) substance abuse treatment, which may include addiction treatment medication, if appropriate, medical treatment, including mental health treatment, occupational, vocational and educational training, life skills instruction, recovery support, conflict resolution training, and other programming to promote effective reintegration into the community; (F) the participation of volunteers to serve as advisors and mentors to prisoners being released into the community; (G) steps to ensure that the prisoner makes satisfactory progress toward satisfying any obligations to victims of the prisoner’s offense, including any obligation to pay restitution; and (H) the appointment of a reentry coordinator in the United States Attorney’s Office. (5) Review of project outcomes Not later than 5 years after the date of enactment of this Act, the Administrative Office of the United States Courts, in consultation with the Attorney General, shall— (A) evaluate the results from each Federal judicial district selected under paragraph (2), including the extent to which participating prisoners released from the custody of the Bureau of Prisons were successfully reintegrated into their communities, including whether the participating prisoners maintained employment, and refrained from committing further offenses; and (B) submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that contains— (i) the evaluation of the best practices identified in the report required under paragraph (1); and (ii) the results of the demonstration projects required under paragraph (2). (b) Study on the impact of reentry on certain communities (1) In general Not later than 2 years after the date of enactment of this Act, the Attorney General, in consultation with the Administrative Office of the United States Courts, shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the impact of reentry of prisoners on communities in which a disproportionate number of individuals reside upon release from incarceration. (2) Contents The report required under paragraph (1) shall analyze the impact of reentry of individuals released from both State and Federal correctional systems as well as State and Federal juvenile justice systems, and shall include— (A) an assessment of the reentry burdens borne by local communities; (B) a review of the resources available in such communities to support successful reentry, including resources provided by State, local, and Federal governments, the extent to which those resources are used effectively; and (C) recommendations to strengthen the resources in such communities available to support successful reentry and to lessen the burden placed on such communities by the need to support reentry. (c) Facilitating reentry assistance to veterans (1) In general Not later than 2 months after the date of the commencement of a prisoner’s sentence pursuant to section 3585(a) of title 18, United States Code, the Director of the Bureau of Prisons shall notify the Secretary of Veterans Affairs if the prisoner’s presentence report, prepared pursuant to section 3552 (2) Post-commencement notice If the prisoner informs the Bureau of Prisons of the prisoner’s prior service in the Armed Forces of the United States after the commencement of the prisoner’s sentence, the Director of the Bureau of Prisons shall notify the Secretary of Veterans Affairs not later than 2 months after the date on which the prisoner provides such notice. (3) Contents of notice The notice provided by the Director of the Bureau of Prisons to the Secretary of Veterans Affairs under this subsection shall include the identity of the prisoner, the facility in which the prisoner is located, the prisoner’s offense of conviction, and the length of the prisoner’s sentence. (4) Access to VA The Bureau of Prisons shall provide the Department of Veterans Affairs with reasonable access to any prisoner who has previously served in the Armed Forces of the United States for purposes of facilitating that prisoner’s reentry. 7. Additional tools to promote recovery and prevent drug and alcohol abuse and dependence — (a) Reentry and recovery planning (1) Presentence reports Section 3552 (A) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; (B) by inserting after subsection (a) the following: (b) Reentry and recovery planning (1) In general In addition to the information required by rule 32(d) of the Federal Rules of Criminal Procedure, the report submitted pursuant to subsection (a) shall contain the following information, unless such information is required to be excluded pursuant to rule 32(d)(3) of the Federal Rules of Criminal Procedure or except as provided in paragraph (2): (A) Information about the defendant’s history of substance abuse and addiction, if applicable. (B) Information about the defendant’s service in the Armed Forces of the United States and veteran status, if applicable. (C) A detailed plan, which shall include the identification of programming provided by the Bureau of Prisons that is appropriate for the defendant’s needs, that the probation officer determines will— (i) reduce the likelihood the defendant will abuse drugs or alcohol if the defendant has a history of substance abuse; (ii) reduce the defendant’s likelihood of recidivism by addressing the defendant’s specific recidivism risk factors; and (iii) assist the defendant in preparing for reentry into the community. (2) Exceptions The information described in paragraph (1)(C)(iii) shall not be required to be included under paragraph (1), in the discretion of the Probation Officer, if the applicable sentencing range under the sentencing guidelines, as determined by the probation officer, includes a sentence of life imprisonment or a sentence of probation. ; (C) in subsection (c), as redesignated, in the first sentence, by striking subsection (a) or (c) subsection (a) or (d) (D) in subsection (d), as redesignated, by striking subsection (a) or (b) subsection (a) or (c) (2) Technical and conforming amendment Section 3672 subsection (b) or (c) subsection (c) or (d) (b) Promoting full utilization of residential drug treatment Section 3621(e)(2) (C) Commencement of treatment Not later than 3 years after the date of enactment of this subparagraph, the Director of the Bureau of Prisons shall ensure that each eligible prisoner has an opportunity to commence participation in treatment under this subsection by such date as is necessary to ensure that the prisoner completes such treatment not later than 1 year before the date on which the prisoner would otherwise be released from custody prior to the application of any reduction in sentence pursuant to this paragraph. (D) Other credits The Director of the Bureau of Prisons may, in the Director’s discretion, reduce the credit awarded under subsection (h)(6)(A) to a prisoner who receives a reduction under subparagraph (B), but such reduction may not exceed one-half the amount of the reduction awarded to the prisoner under subparagraph (B). . (c) Supervised release pilot program to reduce recidivism and improve recovery from alcohol and drug abuse (1) In general Not later than 2 years after the date of enactment of this Act, the Administrative Office of the United States Courts shall establish a recidivism reduction and recovery enhancement pilot program, premised on high-intensity supervision and the use of swift, predictable, and graduated sanctions for noncompliance with program rules, in Federal judicial districts selected by the Administrative Office of the United States Courts in consultation with the Attorney General. (2) Requirements of program Participation in the pilot program required under paragraph (1) shall be subject to the following requirements: (A) Upon entry into the pilot program, the court shall notify program participants of the rules of the program and consequences for violating such rules, including the penalties to be imposed as a result of such violations pursuant to paragraph (E). (B) Probation officers shall conduct regular drug testing of all pilot program participants with a history of substance abuse. (C) In the event that a probation officer determines that a participant has violated a term of supervised release, the officer shall notify the court within 24 hours of such determination, absent good cause. (D) As soon as is practicable, and in no case more than 1 week after the violation was reported by the probation officer, absent good cause, the court shall conduct a hearing on the alleged violation. (E) If the court determines that a program participant has violated a term of supervised release, it shall impose an appropriate sanction, which may include the following, if appropriate: (i) Modification of the terms of such participant’s supervised release, which may include imposition of a period of home confinement. (ii) Referral to appropriate substance abuse treatment. (iii) Revocation of the defendant’s supervised release and the imposition of a sentence of incarceration that is no longer than necessary to punish the participant for such violation and deter the participant from committing future violations. (iv) For participants who habitually fail to abide by program rules or pose a threat to public safety, termination from the program. (3) Status of participant if incarcerated (A) In general In the event that a program participant is sentenced to incarceration as described in paragraph (2)(E)(iii), the participant shall remain in the program upon release from incarceration unless terminated from the program in accordance with paragraph (2)(E)(iv). (B) Policies for maintaining employment The Bureau of Prisons, in consultation with the Chief Probation Officers of the Federal judicial districts selected for participation in the pilot program required under paragraph (1), shall develop policies to enable program participants sentenced to terms of incarceration as described in paragraph (2)(E) to, where practicable, serve the terms of incarceration while maintaining employment, including allowing the terms of incarceration to be served on weekends. (4) Advisory sentencing policies (A) In general The United States Sentencing Commission, in consultation with the Chief Probation Officers, the United States Attorneys, Federal Defenders, and Chief Judges of the districts selected for participation in the pilot program required under paragraph (1), shall establish advisory sentencing policies to be used by the district courts in imposing sentences of incarceration in accordance with paragraph (2)(E). (B) Requirement The advisory sentencing policies established under subparagraph (A) shall be consistent with the stated goal of the pilot program to impose predictable and graduated sentences that are no longer than necessary for violations of program rules. (5) Duration of program The pilot program required under paragraph (1) shall continue for not less than 5 years and may be extended for not more than 5 years by the Administrative Office of the United States Courts. (6) Assessment of program outcomes and report to congress (A) In general Not later than 6 years after the date of enactment of this Act, the Administrative Office of the United States Courts shall conduct an evaluation of the pilot program and submit to Congress a report on the results of the evaluation. (B) Contents The report required under subparagraph (A) shall include— (i) the rates of substance abuse among program participants; (ii) the rates of violations of the terms of supervised release by program participants, and sanctions imposed; (iii) information about employment of program participants; (iv) a comparison of outcomes among program participants with outcomes among similarly situated individuals under the supervision of United States Probation and Pretrial Services not participating in the program; and (v) an assessment of the effectiveness of each of the relevant features of the program. March 11, 2014 Reported with an amendment

Recidivism Reduction and Public Safety Act of 2014

Second Chance Reauthorization Act of 2013 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 and the Second Chance Act of 2007 to revise and expand requirements for grant programs for adult and juvenile offender state and local reentry demonstration projects. (Sec. 2) Extends through FY2018 the authorization of appropriations for grants for: (1) family-based substance abuse treatment, (2) the technology careers training demonstration program, and (3) the offender reentry substance abuse and criminal justice collaboration program. Renames the program of mentoring grants to nonprofit organizations for offender reentry as the program of community-based mentoring and transitional service grants to nonprofit organizations. Provides for transitional services under such program to assist in the reintegration of offenders into the community. Reauthorizes the program through FY2018. Directs the Attorney General to identify and publish best practices relating to academic and vocational education for offenders in prisons, jails, and juvenile facilities. (Sec. 3) Requires the Inspector General of the Department of Justice (DOJ) to periodically conduct audits of not less than 5% of all recipients of specified offender reentry grants under the Omnibus Crime Control and Safe Streets Act of 1968 and the Second Chance Act of 2007. Prohibits: (1) a grantee that is found to have an unresolved audit finding from receiving grant funds; and (2) the use of grant funds for lobbying DOJ representatives or representatives of a federal, state, local, or tribal government regarding the award of grant funding. (Sec. 4) Amends the Second Chance Act of 2007 to: (1) modify and extend through FY2018 grant programs for reentry of federal prisoners into the community, including the program for placing elderly offenders (not less than 60 years of age) in home detention; (2) repeal programs under such Act relating to responsible reintegration of offenders, the study of the effectiveness of depot naltrexone for heroin addiction, and the satellite tracking and reentry training program; and (3) establish a program for partnering faith-based or community-based nonprofit organizations with prisons to conduct recidivism reduction activities. (Sec. 5) Directs the Attorney General to establish an interagency task force on federal programs and activities for the reentry of offenders into the community. Requires the task force to: (1) identify and evaluate methods for improving such programs and activities, and (2) submit to Congress and annually update a report on barriers faced by offenders in reentering the community. (Sec. 6) Amends the Prison Rape Elimination Act of 2003 to exclude from the scope of such Act grant programs administered by the Office of Violence Against Women or funded under certain provisions of the Omnibus Crime Control and Safe Streets Act of 1968 or the Juvenile Justice and Delinquency Prevention Act of 1974 during the four-year period after enactment of this Act.

To reauthorize the Second Chance Act of 2007. 1. Short title This Act may be cited as the Second Chance Reauthorization Act of 2013 2. Improvements to existing programs (a) Reauthorization of adult and juvenile offender State and local demonstration projects Section 2976 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797w (1) by striking subsection (a) and inserting the following: (a) Grant authorization The Attorney General shall make grants to States, local governments, territories, or Indian tribes, or any combination thereof (in this section referred to as an eligible entity ; (2) in subsection (b)— (A) in paragraph (3), by inserting or reentry courts, community, (B) in paragraph (6), by striking and (C) in paragraph (7), by striking the period at the end and inserting ; and (D) by adding at the end the following: (8) promoting employment opportunities consistent with the Transitional Jobs strategy (as defined in section 4 of the Second Chance Act of 2007 ( 42 U.S.C. 17502 ; (3) by striking subsections (d), (e), and (f) and inserting the following: (d) Combined grant application; priority consideration (1) In general The Attorney General shall develop a procedure to allow applicants to submit a single application for a planning grant under subsection (e) and an implementation grant under subsection (f). (2) Priority consideration The Attorney General shall give priority consideration to grant applications under subsections (e) and (f) that include a commitment by the applicant to partner with a local evaluator to identify and analyze data that will— (A) enable the grantee to target the intended offender population; and (B) serve as a baseline for purposes of the evaluation. (e) Planning grants (1) In general Except as provided in paragraph (3), the Attorney General may make a grant to an eligible entity of not more than $75,000 to develop a strategic, collaborative plan for an adult or juvenile offender reentry demonstration project as described in subsection (h) that includes— (A) a budget and a budget justification; (B) a description of the outcome measures that will be used to measure the effectiveness of the program in promoting public safety and public health; (C) the activities proposed; (D) a schedule for completion of the activities described in subparagraph (C); and (E) a description of the personnel necessary to complete the activities described in subparagraph (C). (2) Maximum total grants and geographic diversity (A) Maximum amount The Attorney General may not make planning grants and implementation grants to 1 eligible entity in a total amount that is more than a $1,000,000. (B) Geographic diversity The Attorney General shall make every effort to ensure equitable geographic distribution of grants under this section and take into consideration the needs of underserved populations, including rural and tribal communities. (3) Period of grant A planning grant made under this subsection shall be for a period of not longer than 1 year, beginning on the first day of the month in which the planning grant is made. (f) Implementation grants (1) Applications An eligible entity desiring an implementation grant under this subsection shall submit to the Attorney General an application that— (A) contains a reentry strategic plan as described in subsection (h), which describes the long-term strategy and incorporates a detailed implementation schedule, including the plans of the applicant to fund the program after Federal funding is discontinued; (B) identifies the local government role and the role of governmental agencies and nonprofit organizations that will be coordinated by, and that will collaborate on, the offender reentry strategy of the applicant, and certifies the involvement of such agencies and organizations; (C) describes the evidence-based methodology and outcome measures that will be used to evaluate the program funded with a grant under this subsection, and specifically explains how such measurements will provide valid measures of the impact of that program; and (D) describes how the project could be broadly replicated if demonstrated to be effective. (2) Requirements The Attorney General may make a grant to an applicant under this subsection only if the application— (A) reflects explicit support of the chief executive officer, or their designee, of the State, unit of local government, territory, or Indian tribe applying for a grant under this subsection; (B) provides extensive discussion of the role of Federal corrections, State corrections departments, community corrections agencies, juvenile justice systems, and tribal or local jail systems in ensuring successful reentry of offenders into their communities; (C) provides extensive evidence of collaboration with State and local government agencies overseeing health, housing, child welfare, education, substance abuse, victims services, and employment services, and with local law enforcement agencies; (D) provides a plan for analysis of the statutory, regulatory, rules-based, and practice-based hurdles to reintegration of offenders into the community; (E) includes the use of a State, local, territorial, or tribal task force, described in subsection (i), to carry out the activities funded under the grant; (F) provides a plan for continued collaboration with a local evaluator as necessary to meeting the requirements under subsection (h); and (G) demonstrates that the applicant participated in the planning grant process or engaged in comparable planning for the reentry project. (3) Priority considerations The Attorney General shall give priority to grant applications under this subsection that best— (A) focus initiative on geographic areas with a disproportionate population of offenders released from prisons, jails, and juvenile facilities; (B) include— (i) input from nonprofit organizations, in any case where relevant input is available and appropriate to the grant application; (ii) consultation with crime victims and offenders who are released from prisons, jails, and juvenile facilities; (iii) coordination with families of offenders; (iv) input, where appropriate, from the juvenile justice coordinating council of the region; (v) input, where appropriate, from the reentry coordinating council of the region; and (vi) other interested persons, as appropriate; (C) demonstrate effective case assessment and management abilities in order to provide comprehensive and continuous reentry, including— (i) planning for prerelease transitional housing and community release that begins upon admission for juveniles and jail inmates, and, as appropriate, for prison inmates, depending on the length of the sentence; (ii) establishing prerelease planning procedures to ensure that the eligibility of an offender for Federal, tribal, or State benefits upon release is established prior to release, subject to any limitations in law, and to ensure that offenders obtain all necessary referrals for reentry services, including assistance identifying and securing suitable housing; and (iii) delivery of continuous and appropriate mental health services, drug treatment, medical care, job training and placement, educational services, vocational services, and any other service or support needed for reentry; (D) review the process by which the applicant adjudicates violations of parole, probation, or supervision following release from prison, jail, or a juvenile facility, taking into account public safety and the use of graduated, community-based sanctions for minor and technical violations of parole, probation, or supervision (specifically those violations that are not otherwise, and independently, a violation of law); (E) provide for an independent evaluation of reentry programs that include, to the maximum extent possible, random assignment and controlled studies to determine the effectiveness of such programs; (F) target moderate and high-risk offenders for reentry programs through validated assessment tools; and (G) target offenders with histories of homelessness, substance abuse, or mental illness, including a prerelease assessment of the housing status of the offender and behavioral health needs of the offender with clear coordination with mental health, substance abuse, and homelessness services systems to achieve stable and permanent housing outcomes with appropriate support service. (4) Amount The amount of a grant made under this subsection may not be more than $925,000. (5) Period of grant A grant made under this subsection shall be effective for a 2-year period— (A) beginning on the date on which the planning grant awarded under subsection (e) concludes; or (B) in the case of an implementation grant awarded to an eligible entity that did not receive a planning grant, beginning on the date on which the implementation grant is awarded. ; (4) in subsection (h)— (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (B) by striking paragraph (1) and inserting the following: (1) In general As a condition of receiving financial assistance under subsection (f), each application shall develop a comprehensive reentry strategic plan that— (A) contains a plan to assess inmate reentry needs and measurable annual and 3-year performance outcomes; (B) uses, to the maximum extent possible, randomly assigned and controlled studies, or rigorous quasi-experimental studies with matched comparison groups, to determine the effectiveness of the program funded with a grant under subsection (f); and (C) includes as a goal of the plan to reduce the rate of recidivism for offenders released from prison, jail or a juvenile facility with funds made available under subsection (f). (2) Local evaluator A partnership with a local evaluator described in subsection (d)(2) shall require the local evaluator to use the baseline data and target population characteristics developed under a subsection (e) planning grant to derive a feasible and meaningful target goal for recidivism reduction during the 3-year period beginning on the date of implementation of the program. ; (5) in subsection (i)(1)— (A) in the matter preceding subparagraph (A), by striking under this section under subsection (f) (B) in subparagraph (B), by striking subsection (e)(4) subsection (f)(2)(D) (6) in subsection (j)— (A) in paragraph (1), by inserting for an implementation grant under subsection (f) applicant (B) in paragraph (2)— (i) in subparagraph (E), by inserting , where appropriate support (ii) by striking subparagraphs (F), (G), and (H), and inserting the following: (F) increased number of staff trained to administer reentry services; (G) increased proportion of individuals served by the program among those eligible to receive services; (H) increased number of individuals receiving risk screening needs assessment, and case planning services; (I) increased enrollment in, and completion of treatment services, including substance abuse and mental health services among those assessed as needing such services; (J) increased enrollment in and degrees earned from educational programs, including high school, GED, vocational training, and college education; (K) increased number of individuals obtaining and retaining employment; (L) increased number of individuals obtaining and maintaining housing; (M) increased self-reports of successful community living, including stability of living situation and positive family relationships; (N) reduction in drug and alcohol use; and (O) reduction in recidivism rates for individuals receiving reentry services after release, as compared to either baseline recidivism rates in the jurisdiction of the grantee or recidivism rates of the control or comparison group. ; (C) in paragraph (3), by striking facilities. facilities, including a cost-benefit analysis to determine the cost effectiveness of the reentry program. (D) in paragraph (4), by striking this section subsection (f) (E) in paragraph (5), by striking this section subsection (f) (7) in subsection (k)(1), by striking this section subsection (f) (8) in subsection (l)— (A) in paragraph (2), by inserting beginning on the date on which the most recent implementation grant is made to the grantee under subsection (f) 2-year period (B) in paragraph (4), by striking over a 2-year period during the 2-year period described in paragraph (2) (9) in subsection (o)(1), by striking appropriated appropriated $35,000,000 for each of fiscal years 2014 through 2018. (10) by adding at the end the following: (p) Definition In this section, the term reentry court (1) monitors juvenile and adult eligible offenders reentering the community; (2) provides continual judicial supervision; (3) provides juvenile and adult eligible offenders reentering the community with coordinated and comprehensive reentry services and programs, such as— (A) drug and alcohol testing and assessment for treatment; (B) assessment for substance abuse from a substance abuse professional who is approved by the State or Indian tribe and licensed by the appropriate entity to provide alcohol and drug addiction treatment, as appropriate; (C) substance abuse treatment from a provider that is approved by the State or Indian tribe, and licensed, if necessary, to provide medical and other health services; (D) health (including mental health) services and assessment; (E) aftercare and case management services that— (i) facilitate access to clinical care and related health services; and (ii) coordinate with such clinical care and related health services; and (F) any other services needed for reentry; (4) convenes community impact panels, victim impact panels, or victim impact educational classes; (5) provides and coordinates the delivery of community services to juvenile and adult eligible offenders, including— (A) housing assistance; (B) education; (C) job training; (D) conflict resolution skills training; (E) batterer intervention programs; and (F) other appropriate social services; and (6) establishes and implements graduated sanctions and incentives. . (b) Grants for family-Based substance abuse treatment Part DD of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797s et seq.) is amended— (1) in section 2921 ( 42 U.S.C. 3797s nonprofit organizations, and Indian (2) in section 2923 ( 42 U.S.C. 3797s–2 (c) Priority considerations The Attorney General shall give priority consideration to grant applications for grants under section 2921 that are submitted by a nonprofit organization that demonstrates a relationship with State and local criminal justice agencies, including— (1) within the judiciary and prosecutorial agencies; or (2) with the local corrections agencies, which shall be documented by a written agreement that details the terms of access to facilities and participants and provides information on the history of the organization of working with correctional populations. ; and (3) by striking section 2926(a) ( 42 U.S.C. 3797s–5(a) (a) In general There are authorized to be appropriated to carry out this part $10,000,000 for each of fiscal years 2014 through 2018. . (c) Grant program To evaluate and improve educational methods at prisons, jails, and juvenile facilities Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3711 et seq. (1) by redesignating part KK ( 42 U.S.C. 3797ee et seq. (2) by redesignating the second part designated as part JJ, as added by the Second Chance Act of 2007 ( Public Law 110–199 (3) by redesignating the second section designated as section 3001 and section 3002 (42 U.S.C. 3797dd and 3797dd–1), as added by the Second Chance Act of 2007 (Public Law 110–199; 122 Stat. 677), relating to grants to evaluate and improve educational methods, as sections 3005 and 3006, respectively; (4) in section 3005, as so redesignated— (A) in subsection (a)— (i) in paragraph (2), by striking and (ii) in paragraph (3), by striking the period at the end and inserting ; and (iii) by adding at the end the following: (4) implement methods to improve academic and vocational education for offenders in prisons, jails, and juvenile facilities consistent with the best practices identified in subsection (c). ; (B) by redesignating subsection (c) as subsection (d); and (C) by inserting after subsection (b), the following: (c) Best practices Not later than 180 days after the date of enactment of the Second Chance Reauthorization Act of 2013 Second Chance Reauthorization Act of 2013 ; and (5) in section 3006, as so redesignated, by striking to carry 2010 for each of fiscal years 2014, 2015, 2016, 2017, and 2018 for grants for purposes described in section 3005(a)(4) (d) Careers training demonstration grants Section 115 of the Second Chance Act of 2007 ( 42 U.S.C. 17511 (1) in subsection (a)— (A) by striking and Indian nonprofit organizations, and Indian (B) by striking technology career training to prisoners career training, including subsidized employment, when part of a training program, to prisoners and reentering youth and adults (2) in subsection (b)— (A) by striking technology careers training (B) by striking technology-based (C) by inserting , as well as upon transition and reentry into the community facility (3) by striking subsections (c) and (e); (4) by inserting after subsection (b) the following: (c) Priority consideration Priority consideration shall be given to any application under this section that— (1) provides assessment of local demand for employees in the geographic areas to which offenders are likely to return; (2) conducts individualized reentry career planning upon the start of incarceration or post-release employment planning for each offender served under the grant; (3) demonstrates connections to employers within the local community; or (4) tracks and monitors employment outcomes. ; and (5) by adding at the end the following: (e) Authorization of appropriations There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2014, 2015, 2016, 2017, and 2018. . (e) Offender reentry substance abuse and criminal justice collaboration program Section 201(f)(1) of the Second Chance Act of 2007 (42 U.S.C. 17521(f)(1)) is amended to read as follows: (1) In general There are authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2014 through 2018. . (f) Community-Based mentoring and transitional service grants to nonprofit organizations (1) In general Section 211 of the Second Chance Act of 2007 (42 U.S.C. 17531) is amended— (A) in the header, by striking Mentoring grants to nonprofit organizations Community-based mentoring and transitional service grants to nonprofit organizations (B) in subsection (a), by striking mentoring and other (C) in subsection (b), by striking paragraph (2) and inserting the following: (2) transitional services to assist in the reintegration of offenders into the community, including— (A) educational, literacy, and vocational, services and the Transitional Jobs strategy; (B) substance abuse treatment and services; (C) coordinated supervision and comprehensive services for offenders, including housing and mental and physical health care; (D) family services; and (E) validated assessment tools to assess the risk factors of returning inmates; and ; and (D) in subsection (f), by striking this section this section $15,000,000 for fiscal years 2014 through 2018. (2) Table of contents amendment The table of contents in section 2 of the Second Chance Act of 2007 ( 42 U.S.C. 17501 note Public Law 110–199; 122 Stat. 657 Sec. 211. Community-based mentoring and transitional service grants. . (g) Definitions (1) In general Section 4 of the Second Chance Act of 2007 (42 U.S.C. 17502) is amended to read as follows: 4. Definitions In this Act— (1) the term exoneree (A) has been convicted of a Federal, tribal, or State offense that is punishable by a term of imprisonment of more than 1 year; (B) has served a term of imprisonment for not less than 6 months in a Federal, tribal, or State prison or correctional facility as a result of the conviction described in subparagraph (A); and (C) has been determined to be factually innocent of the offense described in subparagraph (A); (2) the term Indian tribe (3) the term offender (4) the term Transitional Jobs strategy (A) is conducted by State, tribal, and local governments, State, tribal, and local workforce boards, and nonprofit organizations; (B) provides time-limited employment using individual placements, team placements, and social enterprise placements, without displacing existing employees; (C) pays wages in accordance with applicable law, but in no event less than the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable State or local minimum wage law, which are subsidized, in whole or in part, by public funds; (D) combines time-limited employment with activities that promote skill development, remove barriers to employment, and lead to unsubsidized employment such as a thorough orientation and individual assessment, job readiness and life skills training, case management and supportive services, adult education and training, child support-related services, job retention support and incentives, and other similar activities; (E) places participants into unsubsidized employment; and (F) provides job retention, re-employment services, and continuing and vocational education to ensure continuing participation in unsubsidized employment and identification of opportunities for advancement. . (2) Table of contents amendment The table of contents in section 2 of the Second Chance Act of 2007 ( 42 U.S.C. 17501 note Public Law 110–199; 122 Stat. 657 Sec. 4. Definitions. . (h) Extension of the length of section 2976 grants Section 6(1) of the Second Chance Act of 2007 ( 42 U.S.C. 17504(1) striking 211, and 212 and 211 title I of 42 U.S.C. 3797w after and 212 3. Audit and accountability of grantees (a) Definition In this section, the term unresolved audit finding (b) Audit requirement Beginning in fiscal year 2013, and every 3 years thereafter, the Inspector General of the Department of Justice shall conduct an audit of not less than 5 percent of all grantees that are awarded funding under— (1) section 2976(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w(b)); (2) part CC of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797q et seq.), as amended by this Act; ( 3 2 part DD of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797s et seq.); ( 4 3 part JJ of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797dd et seq.); or ( 5 4 section 115, 201, or 211 of the Second Chance Act of 2007 ( 42 U.S.C. 17511 (c) Mandatory exclusion A grantee that is found to have an unresolved audit finding under an audit conducted under subsection (b) may not receive grant funds under the grant programs described in paragraphs (1) through (5) of subsection (b) in the fiscal year following the fiscal year to which the finding relates. (d) Priority of grant awards The Attorney General, in awarding grants under the programs described in paragraphs (1) through (5) of subsection (b) shall give priority to eligible entities that during the 2-year period preceding the application for a grant have not been found to have an unresolved audit finding. (e) Prohibition on lobbying activity (1) In general Amounts authorized to be appropriated to carry out a grant program described in paragraphs (1) through (5) of subsection (b) may not be used by any grant recipient to— (A) lobby any representative of the Department of Justice regarding the award of grant funding; or (B) lobby any representative of a Federal, State, local, or tribal government regarding the award of grant funding. (2) Penalty If the Attorney General determines that any recipient of a grant under this Act has violated paragraph (1), the Attorney General shall— (A) require the grant recipient to repay the grant in full; and (B) prohibit the grant recipient from receiving another grant under any grant program described in paragraphs (1) through (5) of subsection (b) for not less than 5 years. 4. Federal reentry improvements (a) Responsible reintegration of offenders Section 212 of the Second Chance Act of 2007 ( 42 U.S.C. 17532 (b) Federal prisoner reentry initiative Section 231 of the Second Chance Act of 2007 ( 42 U.S.C. 17541 (1) in subsection (g)— (A) in paragraph (3), by striking carried out during fiscal years 2009 and 2010 carried out during fiscal years 2014 through 2018 (B) in paragraph (5)(A)— (i) in clause (i), by striking 65 years 60 years (ii) in clause (ii), by striking or 75 percent or 2/3 (2) by striking subsection (h); (3) by redesignating subsection (i) as subsection (h); and (4) in subsection (h), as so redesignated, by striking 2009 and 2010 2014 through 2018 (c) Enhancing reporting requirements pertaining to community corrections Section 3624(c) (1) in paragraph (5), in the second sentence, by inserting , and number of prisoners not being placed in community corrections facilities for each reason set forth , and any other information (2) in paragraph (6), by striking the Second Chance Act of 2007 the Second Chance Reauthorization Act of 2013 (d) Termination of study on effectiveness of depot naltrexone for heroin addiction Section 244 of the Second Chance Act of 2007 (42 U.S.C. 17554) is repealed. (e) Authorization of appropriations for research Section 245 of the Second Chance Act of 2007 ( 42 U.S.C. 17555 (1) by striking 243, and 244 and 243 (2) by striking $10,000,000 for each of the fiscal years 2009 and 2010 $5,000,000 for each of the fiscal years 2014, 2015, 2016, 2017, and 2018 (f) Federal prisoner recidivism reduction programming enhancement (1) In general Section 3621 (A) by redesignating subsection (g) as subsection (h); and (B) by inserting after subsection (f) the following: (g) Partnerships To expand access to reentry programs proven To reduce recidivism (1) Definition The term demonstrated to reduce recidivism (2) Eligibility for recidivism reduction partnership A faith-based or community-based nonprofit organization that provides mentoring or other programs that have been demonstrated to reduce recidivism is eligible to enter into a recidivism reduction partnership with a prison or community-based facility operated by the Bureau of Prisons. (3) Recidivism reduction partnerships The Director of the Bureau of Prisons shall develop policies to require wardens of prisons and community-based facilities to enter into recidivism reduction partnerships with faith-based and community-based nonprofit organizations that are willing to provide, on a volunteer basis, programs described in paragraph (2). (4) Reporting requirement The Director of the Bureau of Prisons shall submit to Congress an annual report on the last day of each fiscal year that— (A) details, for each prison and community-based facility for the fiscal year just ended— (i) the number of recidivism reduction partnerships under this section that were in effect; (ii) the number of volunteers that provided recidivism reduction programming; and (iii) the number of recidivism reduction programming hours provided; and (B) explains any disparities between facilities in the numbers reported under subparagraph (A). . (2) Effective date The amendments made by paragraph (1) shall take effect 180 days after the date of enactment of this Act. (g) Repeals (1) Section 2978 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w–2) is repealed. (2) Part CC of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797q et seq.) is repealed. 5. Task Force on Federal programs and activities relating to reentry of offenders (a) Task Force Required The Attorney General, in consultation with the Secretary of Housing and Urban Development, the Secretary of Labor, the Secretary of Education, the Secretary of Health and Human Services, the Secretary of Veterans Affairs, the Secretary of Agriculture, and the heads of such other agencies of the Federal Government as the Attorney General considers appropriate, and in collaboration with interested persons, service providers, nonprofit organizations, States, tribal, and local governments, shall establish an interagency task force on Federal programs and activities relating to the reentry of offenders into the community (referred to in this section as the Task Force (b) Duties The Task Force shall— (1) identify such programs and activities that may be resulting in overlap or duplication of services, the scope of such overlap or duplication, and the relationship of such overlap and duplication to public safety, public health, and effectiveness and efficiency; (2) identify methods to improve collaboration and coordination of such programs and activities; (3) identify areas of responsibility in which improved collaboration and coordination of such programs and activities would result in increased effectiveness or efficiency; (4) develop innovative interagency or intergovernmental programs, activities, or procedures that would improve outcomes of reentering offenders and children of offenders; (5) develop methods for increasing regular communication among agencies that would increase interagency program effectiveness; (6) identify areas of research that can be coordinated across agencies with an emphasis on applying evidence-based practices to support, treatment, and intervention programs for reentering offenders; (7) identify funding areas that should be coordinated across agencies and any gaps in funding; and (8) in collaboration with the National Adult and Juvenile Offender Reentry Resources Center, identify successful programs currently operating and collect best practices in offender reentry from demonstration grantees and other agencies and organizations, determine the extent to which such programs and practices can be replicated, and make information on such programs and practices available to States, localities, nonprofit organizations, and others. (c) Report (1) In general Not later than 1 year after the date of the enactment of this Act, the Task Force shall submit a report, including recommendations, to Congress on barriers to reentry. (2) Contents The report required under paragraph (1) shall identify Federal and other barriers to successful reentry of offenders into the community and analyze the effects of such barriers on offenders and on children and other family members of offenders, including— (A) admissions and evictions from Federal housing programs; (B) child support obligations and procedures; (C) Social Security benefits, veterans benefits, food stamps, and other forms of Federal public assistance; (D) Medicaid Program and Medicare Program procedures, requirements, regulations, and guidelines; (E) education programs, financial assistance, and full civic participation; (F) Temporary Assistance for Needy Families program funding criteria and other welfare benefits; (G) employment and training; (H) reentry procedures, case planning, and transitions of persons from the custody of the Federal Bureau of Prisons to a Federal parole or probation program or community corrections; (I) laws, regulations, rules, and practices that may require a parolee to return to the same county that they were living in before their arrest and therefore prevent offenders from changing their setting upon release; and (J) trying to establish pre-release planning procedures for prisoners to ensure that a prisoner's eligibility for Federal or State benefits (including Medicaid, Medicare, Social Security and veterans benefits) upon release is established prior to release, subject to any limitations in law, and to ensure that prisoners are provided with referrals to appropriate social and health services or are referred to appropriate nonprofit organizations. (d) Updated reports On an annual basis, the Task Force shall submit to Congress an updated report on the activities of the Task Force, including specific recommendations on issues described in subsections (b) and (c). 6. Protecting important funding for crime victims and law enforcement Section 8(e)(1) of the Prison Rape Elimination Act of 2003 ( 42 U.S.C. 15607(e)(1) (C) Limitation (i) Violence Against Women Act For purposes of this subsection, a grant program shall not be considered to be covered by this subsection if the program is administered by the Office of Violence Against Women. (ii) Delay During the 4-year period beginning on the date of enactment of the Second Chance Reauthorization Act of 2013 42 U.S.C. 5631 (iii) Applicability to funds No funds appropriated to programs described in clause (i) or (ii), including any funds appropriated before the date of enactment of the Second Chance Reauthorization Act of 2013 . October 1, 2014 Reported with amendments

Second Chance Reauthorization Act of 2013

(This measure has not been amended since it was passed by the Senate on September 18, 2014. The summary of that version is repeated here.) Border Patrol Agent Pay Reform Act of 2014 - (Sec. 2) States as the purposes of this Act: (1) strengthening U.S. Customs and Border Protection (CBP) and ensuring that border patrol agents are sufficiently ready to conduct necessary work and will perform overtime hours in excess of a 40-hour workweek based on the needs of CBP, and (2) ensuring CBP has the flexibility to cover shift changes and retains the right to assign scheduled and unscheduled work for mission requirements and planning based on operational need. Requires a border patrol agent, not later than 30 days before the first day of each year beginning after the enactment of this Act, to make an election whether such agent shall, for that year, be assigned to: (1) the level 1 border patrol rate of pay (i.e., hourly rate of pay equal to 1.25 times the otherwise applicable hourly rate of basic pay); (2) the level 2 border patrol rate of pay (i.e., the hourly rate of pay equal to 1.125 times the otherwise hourly rate of basic pay); or (3) the basic border patrol rate of pay, with additional overtime as needed by CBP. Requires: (1) the Office of Personnel Management (OPM) to promulgate regulations establishing procedures for such elections, and (2) CBP to provide each border patrol agent with information on each type of election available and how to make an election. Exempts from such limitation agents working at CBP headquarters or a CBP training location. Provides that an agent who fails to elect a pay level or an agent who is assigned a canine shall  be assigned to the level 1 rate of pay. Requires CBP to: (1) assign an agent to the basic border patrol rate of pay until it determines that the agent is able to perform scheduled overtime on a daily basis, and (2) take such action to ensure that not more than 10% of the agents stationed at a location are assigned to the level 2 border patrol rate of pay or the basic border patrol rate of pay. Allows CBP to waive the 10% limitation if it determines that it may do so and adequately fulfill its operational requirements. Requires CBP to develop, implement, and report on, a plan to ensure that the assignment of a border patrol agent during the three years of service before such agent becomes eligible for immediate retirement are consistent with the average border patrol rate of pay level to which the agent has been assigned during the course of his or her career. Requires the Comptroller General (GAO) to report to Congress on the effectiveness of the plan in ensuring that agents are not able to artificially enhance their retirement annuities. Specifies the terms and conditions of level 1 and 2 border patrol rates of pay, premium pay, eligibility for leave without pay, overtime, and compensatory time off. Requires CBP to avoid the use of scheduled overtime work by border patrol agents to the maximum extent practicable. Includes supplemental pay from levels 1 and 2 rates of pay as part of a border patrol agent's basic pay for purposes of calculating retirement annuities. Requires: (1) CBP to conduct a comprehensive analysis that examines the staffing requirements for CBP and estimates the cost of such requirements and submit a report on such analysis to GAO, and (2) GAO to report on the methodology used by CBP to carry out its analysis and whether GAO concurs with the findings in the CBP report.  States that nothing in this Act shall be construed to: (1) limit the right of CBP to assign both scheduled and unscheduled work to a border patrol agent based on the needs of the agency in excess of the hours of work normally applicable under the election made by the agent; (2) require compensation of an agent for other than for hours during which the agent is actually performing work or using approved leave; or (3) exempt an agent from any limitations on pay, earnings, or compensation prescribed by law. Requires OPM to promulgate regulations to carry out this Act. (Sec. 3) Amends the Homeland Security Act of 2002 to authorize the Secretary of Homeland Security to: (1) establish positions in the excepted service in which the incumbent performs, manages, or supervises functions that execute the responsibilities of the Department of Homeland Security (DHS) relating to cybersecurity (qualified positions), including positions formerly identified as senior level positions and positions in the Senior Executive Service (SES); and (2) appoint an individual to such a qualified position. Requires the Secretary to fix the rates of basic pay for any qualified position in relation to the rates of pay provided for comparable positions in the Department of Defense (DOD) and allows the Secretary to provide such employees with additional compensation, incentives, and allowances. Requires the Secretary to annually submit to Congress for five years a report that: (1) discusses the process used in accepting applications and accessing candidates for qualified positions, ensuring adherence to veteran preferences; (2) describes how the Secretary plans to fulfill the critical need of DHS to recruit and retain employees in a qualified position; (3) discusses how such planning is integrated into the strategic workforce of DHS; (4) provides information on the number of employees, including veterans, hired and the number of separations and retirements of employees in qualified positions; and (5) describes the training provided to supervisors of employees in qualified positions on the use of new authorities. Establishes a probationary period of three years for all employees hired. Directs the National Protection and Programs Directorate to report to Congress on the availability of, and benefits of using, cybersecurity personnel and facilities outside of the National Capital Region. (Sec. 4) Homeland Security Cybersecurity Workforce Assessment Act - Requires the Secretary to: (1) identify all cybersecurity workforce positions within DHS; (2) determine the primary cybersecurity work category and specialty area of all DHS cybersecurity workforce positions; (3) assign the corresponding data element code, as set forth in OPM's Guide to Data Standards, that is aligned with the National Initiative for Cybersecurity Education's National Cybersecurity Workforce Framework report; (4) establish procedures to identify open positions that include cybersecurity functions; and (5) assign the appropriate employment code to each such position. Directs the Secretary, annually through 2021, to: (1) identify cybersecurity work categories and specialty areas of critical need in the DHS cybersecurity workforce, and (2) submit a report to the OPM Director that describes such categories and areas and substantiates the critical need designations. Requires: (1) the OPM Director to provide the Secretary with guidance for identifying cybersecurity work categories and specialty areas of critical need, including areas with acute skill and emerging skill shortages; and (2) the Secretary to identify specialty areas of critical need in DHS's cybersecurity workforce and submit a progress report to Congress. Directs GAO to analyze, monitor, and report on the implementation of DHS cybersecurity workforce measures.

To amend title 5, United States Code, to improve the security of the United States border and to provide for reforms and rates of pay for border patrol agents. 1. Short title This Act may be cited as the Border Patrol Agent Pay Reform Act of 2013 2. Border patrol rate of pay (a) Purpose The purposes of this Act are— (1) to strengthen U.S. Customs and Border Protection and ensure border patrol agents are sufficiently ready to conduct necessary work and that agents will perform overtime hours in excess of a 40-hour work week based on the needs of the employing agency; and (2) to ensure U.S. Customs and Border Protection has the flexibility to cover shift changes and retains the right to assign scheduled and unscheduled work for mission requirements and planning based on operational need. (b) Rates of pay Subchapter V of chapter 55 5550. Border patrol rate of pay (a) Definitions In this section— (1) the term available to work (2) the term border patrol agent (3) the term covered border patrol activities (A) detecting and preventing illegal entry and smuggling of aliens, commercial goods, narcotics, weapons, or contraband into the United States; (B) arresting individuals suspected of conduct described in subparagraph (A); (C) attending training authorized by U.S. Customs and Border Protection; (D) on approved annual, sick, or administrative leave; (E) on ordered travel status; (F) on official time, within the meaning of section 7131; (G) on excused absence with pay for relocation purposes; (H) on light duty due to injury or disability; (I) performing administrative duties or mission critical work assignments while maintaining law enforcement authority; (J) caring for the canine assigned to the border patrol agent, which may not exceed 1 hour per day; or (K) engaged in an activity similar to an activity described in subparagraphs (A) through (J) while temporarily away from the regular duty assignment of the border patrol agent; (4) the term level 1 border patrol rate of pay (5) the term level 2 border patrol rate of pay (6) the term work period (b) Receipt of border patrol rate of pay (1) Voluntary election (A) In general Not later than 30 days before the first day of each year beginning after the date of enactment of this section, a border patrol agent shall make an election whether the border patrol agent shall, for the following year— (i) be assigned to the level 1 border patrol rate of pay; (ii) be assigned the level 2 border patrol rate of pay; or (iii) decline to be assigned the level 1 border patrol rate of pay or the level 2 border patrol rate of pay. (B) Procedures The Director of the Office of Personnel Management shall establish procedures for elections under subparagraph (A). (C) Information regarding election Not later than 60 days before the first day of each year beginning after the date of enactment of this section, U.S. Customs and Border Protection shall provide each border patrol agent with information regarding each type of election available under subparagraph (A) and how to make such an election. (D) Failure to elect A border patrol agent who fails to make a timely election under subparagraph (A) shall be deemed to have made an election to be assigned to the level 1 border patrol rate of pay under subparagraph (A)(i). (E) Sense of Congress It is the sense of Congress that U.S. Customs and Border Protection should take such action as is necessary to ensure that not more than 10 percent of the border patrol agents stationed at a location decline to be assigned to the level 1 border patrol rate of pay or the level 2 border patrol rate of pay. (2) Level 1 border patrol rate of pay For a border patrol agent who has in effect an election under paragraph (1)(A)(i)— (A) the border patrol agent shall be scheduled to work, for 5 days per week— (i) 8 hours of regular time per day; and (ii) 2 additional hours of scheduled overtime during each day the border patrol agent is scheduled to work under clause (i); (B) for the hours of regular time work described in subparagraph (A)(i), the border patrol agent shall receive pay at the level 1 border patrol rate of pay; (C) for the hours of regularly scheduled overtime work described in subparagraph (A)(ii), the border patrol agent shall not receive— (i) additional compensation under this section or any other provision of law; or (ii) compensatory time off; (D) any hours during which the border patrol agent is available to work during a work period shall be included in the hours of regular time or regularly scheduled overtime scheduled under subparagraph (A); (E) shall receive compensatory time off or pay at the overtime hourly rate of pay for hours of work in excess of 100 hours during a work period, as determined in accordance with section 5542(a)(7); and (F) shall be charged leave in increments of 8 hours for 1 shift of leave, regardless of the length of the shift. (3) Level 2 border patrol rate of pay For a border patrol agent who has in effect an election under paragraph (1)(A)(ii)— (A) the border patrol agent shall be scheduled to work, for 5 days per week— (i) 8 hours of regular time per day; and (ii) 1 additional hour of scheduled overtime during each day the border patrol agent is scheduled to work under clause (i); (B) for the hours of regular time work described in subparagraph (A)(i), the border patrol agent shall receive pay at the level 2 border patrol rate of pay; (C) for the hours of regularly scheduled overtime work described in subparagraph (A)(ii), the border patrol agent shall not receive— (i) additional compensation under this section or any other provision of law; or (ii) compensatory time off; (D) any hours during which the border patrol agent is available to work during a work period shall be included in the hours of regular time or regularly scheduled overtime scheduled under subparagraph (A); (E) shall receive compensatory time off or pay at the overtime hourly rate of pay for hours of work in excess of 90 hours during a work period, as determined in accordance with section 5542(a)(7); and (F) shall be charged leave in increments of 8 hours for 1 shift of leave, regardless of the length of the shift. (4) Basic border patrol rate of pay For a border patrol agent who has in effect an election under paragraph (1)(A)(iii)— (A) the border patrol agent shall be scheduled to work 8 hours of regular time per day and 5 days per week; (B) any hours during which the border patrol agent is available to work during a work period shall be included in the hours of regular time scheduled under subparagraph (A); and (C) the border patrol agent shall receive compensatory time off or pay at the overtime hourly rate of pay for hours of work in excess of 80 hours during a work period, as determined in accordance with section 5542(a)(7). (c) Eligibility for other premium pay A border patrol agent— (1) shall receive premium pay for night work in accordance with subsections (a) and (b) of section 5545 and Sunday and holiday pay in accordance with section 5546, without regard to the election of the border patrol agent under subsection (b)(1)(A), except that section 5546(d) shall not apply and eligibility for pay for, and the rate of pay for, any overtime work shall be determined in accordance with this section and section 5542(a)(7); and (2) shall not be eligible for any other form of premium pay under this title, except as provided in section 5542(a)(7). (d) Treatment as basic pay Any pay received at the level 1 border patrol rate of pay or the level 2 border patrol rate of pay or pay described in subsection (b)(3)(B) shall be treated as part of basic pay for— (1) purposes of sections 5595(c), 8114(e), 8331(3), and 8704(c); (2) any other purpose that the Office of Personnel Management may by regulation prescribe; and (3) any other purpose expressly provided for by law. (e) Authority To require overtime work Nothing in this section shall be construed to limit the authority of U.S. Customs and Border Protection to require a border patrol agent to perform hours of overtime work in accordance with the needs of U.S. Customs and Border Protection, including if needed in the event of a local or national emergency. . (c) Overtime work Section 5542(a) (7) (A) In this paragraph, the term border patrol agent (B) Notwithstanding the matter preceding paragraph (1) or paragraphs (1) and (2), for a border patrol agent who has in effect an election to be assigned to the level 1 border patrol rate of pay under section 5550(b)(1)(A)(i)— (i) except as provided in subparagraph (E), hours of work in excess of 100 hours during a 14-day biweekly pay period shall be overtime work; and (ii) the border patrol agent— (I) shall receive pay at the overtime hourly rate of pay (as determined in accordance with paragraphs (1) and (2)) for hours of overtime work that are officially ordered or approved in advance of the work assignment; and (II) shall receive compensatory time off for any hours of overtime work that are not hours of overtime work described in subclause (I). (C) Notwithstanding the matter preceding paragraph (1) or paragraphs (1) and (2), for a border patrol agent who has in effect an election to be eligible for the level 2 border patrol rate of pay under section 5550(b)(1)(A)(ii)— (i) except as provided in subparagraph (E), hours of work in excess of 90 hours during a 14-day biweekly pay period shall be overtime work; and (ii) the border patrol agent— (I) shall receive pay at the overtime hourly rate of pay (as determined in accordance with paragraphs (1) and (2)) for hours of overtime work that are officially ordered or approved in advance of the work assignment; and (II) shall receive compensatory time off for any hours of overtime work that are not hours of overtime work described in subclause (I). (D) Notwithstanding the matter preceding paragraph (1) or paragraphs (1) and (2), for a border patrol agent who has in effect an election under section 5550(b)(1)(A)(iii)— (i) except as provided in subparagraph (E), hours of work in excess of 80 hours during a 14-day biweekly pay period shall be overtime work; and (ii) the border patrol agent— (I) shall receive pay at the overtime hourly rate of pay (as determined in accordance with paragraphs (1) and (2)) for hours of overtime work that are officially ordered or approved in advance of the work assignment; and (II) shall receive compensatory time off for any hours of overtime work that are not hours of overtime work described in subclause (I). (E) (i) Except as provided in clause (ii), during a 14-day biweekly pay period, a border patrol agent shall not perform and may not receive compensatory time off for more than 8 hours of overtime work. (ii) U.S. Customs and Border Protection may, as it determines appropriate, waive the limitation under clause (i) for hours of overtime work, but such waiver must be approved in advance of any work being performed that would be subject to compensatory time under subsection (B)(ii)(II), (C)(ii)(II), or (D)(ii)(II). (F) A border patrol agent— (i) may not earn more than 240 hours of compensatory time off during a year; and (ii) shall use any hours of compensatory time off not later than 1 year after the date on which the compensatory time off is accrued. . (d) Technical and conforming amendments (1) Section 13(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(a) (A) in paragraph (16), by striking or (B) in paragraph (17), by striking the period at the end and inserting ; or (C) by adding at the end the following: (18) any employee who is a border patrol agent, as defined in section 5550(a) . (2) The table of sections for chapter 55 5550. Border patrol rate of pay. . 1. Short title This Act may be cited as the Border Patrol Agent Pay Reform Act of 2014 2. Border patrol rate of pay (a) Purpose The purposes of this Act are— (1) to strengthen U.S. Customs and Border Protection and ensure that border patrol agents are sufficiently ready to conduct necessary work and will perform overtime hours in excess of a 40-hour workweek based on the needs of U.S. Customs and Border Protection; and (2) to ensure U.S. Customs and Border Protection has the flexibility to cover shift changes and retains the right to assign scheduled and unscheduled work for mission requirements and planning based on operational need. (b) Rates of pay Subchapter V of chapter 55 5550. Border patrol rate of pay (a) Definitions In this section— (1) the term basic border patrol rate of pay (2) the term border patrol agent (3) the term level 1 border patrol rate of pay (4) the term level 2 border patrol rate of pay (5) the term work period (b) Receipt of border patrol rate of pay (1) Voluntary election (A) In general Not later than 30 days before the first day of each year beginning after the date of enactment of this section, a border patrol agent shall make an election whether the border patrol agent shall, for that year, be assigned to— (i) the level 1 border patrol rate of pay; (ii) the level 2 border patrol rate of pay; or (iii) the basic border patrol rate of pay, with additional overtime assigned as needed by U.S. Customs and Border Protection. (B) Regulations The Director of the Office of Personnel Management shall promulgate regulations establishing procedures for elections under subparagraph (A). (C) Information regarding election Not later than 60 days before the first day of each year beginning after the date of enactment of this section, U.S. Customs and Border Protection shall provide each border patrol agent with information regarding each type of election available under subparagraph (A) and how to make such an election. (D) Assignment in lieu of election Notwithstanding subparagraph (A)— (i) a border patrol agent who fails to make a timely election under subparagraph (A) shall be assigned to the level 1 border patrol rate of pay; (ii) a border patrol agent who is assigned a canine shall be assigned to the level 1 border patrol rate of pay; (iii) if at any time U.S. Customs and Border Protection concludes that a border patrol agent is unable to perform overtime on a daily basis in accordance with this section, U.S. Customs and Border Protection shall assign the border patrol agent to the basic border patrol rate of pay until such time as U.S. Customs and Border Protection determines that the border patrol agent is able to perform scheduled overtime on a daily basis; (iv) unless the analysis conducted under section 2(e) of the Border Patrol Agent Pay Reform Act of 2014 (I) at U.S. Customs and Border Protection headquarters; (II) as a training instructor at a U.S. Customs and Border Protection training facility; (III) in an administrative position; or (IV) as a fitness instructor; and (v) a border patrol agent may be assigned to the level 1 border patrol rate of pay or the level 2 border patrol rate of pay in accordance with subparagraph (E). (E) Flexibility (i) In general Except as provided in clauses (ii) and (iii), and notwithstanding any other provision of law, U.S. Customs and Border Protection shall take such action as is necessary, including the unilateral assignment of border patrol agents to the level 1 border patrol rate of pay or the level 2 border patrol rate of pay, to ensure that not more than 10 percent of the border patrol agents stationed at a location are assigned to the level 2 border patrol rate of pay or the basic border patrol rate of pay. (ii) Waiver U.S. Customs and Border Protection may waive the limitation under clause (i) on the percent of border patrol agents stationed at a location who are assigned to the level 2 border patrol rate of pay or the basic border patrol rate of pay if, based on the analysis conducted under section 2(e) of the Border Patrol Agent Pay Reform Act of 2014 (iii) Certain locations Clause (i) shall not apply to border patrol agents working at the headquarters of U.S. Customs and Border Protection or a training location of U.S. Customs and Border Protection. (F) Canine care For a border patrol agent assigned to provide care for a canine and assigned to the level 1 border patrol rate of pay in accordance with subparagraph (D)(ii)— (i) that rate of pay covers all such care; (ii) for the purposes of scheduled overtime under paragraph (2)(A)(ii), such care shall be counted as 1 hour of scheduled overtime on each regular workday without regard to the actual duration of such care or whether such care occurs on the regular workday; and (iii) no other pay shall be paid to the border patrol agent for such care. (G) Pay assignment continuity (i) In general Not later than 1 year after the date of enactment of the Border Patrol Agent Pay Reform Act of 2014 (ii) Implementation Notwithstanding any other provision of law, U.S. Customs and Border Protection may take such action as is necessary, including the unilateral assignment of border patrol agents to the level 1 border patrol rate of pay, the level 2 border patrol rate of pay, or the basic border patrol rate of pay, to implement the plan developed under this subparagraph. (iii) Reporting U.S. Customs and Border Protection shall submit the plan developed under clause (i) to the appropriate committees of Congress. (iv) GAO review Not later than 6 months after U.S. Customs and Border Protection issues the plan required under clause (i), the Comptroller General of the United States shall submit to the appropriate committees of Congress a report on the effectiveness of the plan in ensuring that border patrol agents are not able to artificially enhance their retirement annuities. (v) Definition In this subparagraph, the term appropriate committees of Congress (I) the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate; and (II) the Committee on Homeland Security, the Committee on Oversight and Government Reform, and the Committee on Appropriations of the House of Representatives. (vi) Rule of construction Nothing in this subparagraph shall be construed to limit the ability of U.S. Customs and Border Protection to assign border patrol agents to border patrol rates of pay as necessary to meet operational requirements. (2) Level 1 border patrol rate of pay For a border patrol agent who is assigned to the level 1 border patrol rate of pay— (A) the border patrol agent shall have a regular tour of duty consisting of 5 workdays per week with— (i) 8 hours of regular time per workday, which may be interrupted by an unpaid off-duty meal break; and (ii) 2 additional hours of scheduled overtime during each day the agent performs work under clause (i); (B) for paid hours of regular time described in subparagraph (A)(i), the border patrol agent shall receive pay at the level 1 border patrol rate of pay; (C) compensation for the hours of regularly scheduled overtime work described in subparagraph (A)(ii) is provided indirectly through the 25 percent supplement within the level 1 border patrol rate of pay, and the border patrol agent may not receive for such hours— (i) any compensation in addition to the compensation under subparagraph (B) under this section or any other provision of law; or (ii) any compensatory time off; (D) the border patrol agent shall receive compensatory time off or pay at the overtime hourly rate of pay for hours of work in excess of 100 hours during a work period, as determined in accordance with section 5542(g); (E) the border patrol agent shall be charged corresponding amounts of paid leave, compensatory time off, or other paid time off for each hour (or part thereof) the agent is absent from work during regular time (except that full days off for military leave shall be charged when required); (F) if the border patrol agent is absent during scheduled overtime described in subparagraph (A)(ii)— (i) the border patrol agent shall accrue an obligation to perform other overtime work for each hour (or part thereof) the border patrol agency is absent; and (ii) any overtime work applied toward the obligation under clause (i) shall not be credited as overtime work under any other provision of law; and (G) for the purposes of advanced training, the border patrol agent— (i) shall be paid at the level 1 border patrol rate of pay for the first 60 days of advanced training in a calendar year; and (ii) for any advanced training in addition to the advanced training described in clause (i), shall be paid at the basic border patrol rate of pay. (3) Level 2 border patrol rate of pay For a border patrol agent who is assigned to the level 2 border patrol rate of pay— (A) the border patrol agent shall have a regular tour of duty consisting of 5 workdays per week with— (i) 8 hours of regular time per workday, which may be interrupted by an unpaid off-duty meal break; and (ii) 1 additional hour of scheduled overtime during each day the agent performs work under clause (i); (B) for paid hours of regular time described in subparagraph (A)(i), the border patrol agent shall receive pay at the level 2 border patrol rate of pay; (C) compensation for the hours of regularly scheduled overtime work described in subparagraph (A)(ii) is provided indirectly through the 12.5 percent supplement within the level 2 border patrol rate of pay, and the border patrol agent may not receive for such hours— (i) any compensation in addition to the compensation under subparagraph (B) under this section or any other provision of law; or (ii) any compensatory time off; (D) the border patrol agent shall receive compensatory time off or pay at the overtime hourly rate of pay for hours of work in excess of 90 hours during a work period, as determined in accordance with section 5542(g); (E) the border patrol agent shall be charged corresponding amounts of paid leave, compensatory time off, or other paid time off for each hour (or part thereof) the agent is excused from work during regular time (except that full days off for military leave shall be charged when required); (F) if the border patrol agent is absent during scheduled overtime described in subparagraph (A)(ii)— (i) the border patrol agent shall accrue an obligation to perform other overtime work for each hour (or part thereof) the border patrol agency is absent; and (ii) any overtime work applied toward the obligation under clause (i) shall not be credited as overtime work under any other provision of law; and (G) for the purposes of advanced training, the border patrol agent— (i) shall be paid at the level 2 border patrol rate of pay for the first 60 days of advanced training in a calendar year; and (ii) for any advanced training in addition to the advanced training described in clause (i), shall be paid at the basic border patrol rate of pay. (4) Basic border patrol rate of pay For a border patrol agent who is assigned to the basic border patrol rate of pay— (A) the border patrol agent shall have a regular tour of duty consisting of 5 workdays per week with 8 hours of regular time per workday; and (B) the border patrol agent shall receive compensatory time off or pay at the overtime hourly rate of pay for hours of work in excess of 80 hours during a work period, as determined in accordance with section 5542(g). (c) Eligibility for other premium pay A border patrol agent— (1) shall receive premium pay for nightwork in accordance with subsections (a) and (b) of section 5545 and Sunday and holiday pay in accordance with section 5546, without regard to the rate of pay to which the border patrol agent is assigned under this section, except that— (A) no premium pay for night, Sunday, or holiday work shall be provided for hours of regularly scheduled overtime work described in paragraph (2)(A)(ii) or (3)(A)(ii) of subsection (b), consistent with the requirements of paragraph (2)(C) or (3)(C) of subsection (b); and (B) section 5546(d) shall not apply and instead eligibility for pay for, and the rate of pay for, any overtime work on a Sunday or a designated holiday shall be determined in accordance with this section and section 5542(g); (2) except as provided in paragraph (3) or section 5542(g), shall not be eligible for any other form of premium pay under this title; and (3) shall be eligible for hazardous duty pay in accordance with section 5545(d). (d) Treatment as basic pay Any pay in addition to the basic border patrol rate of pay for a border patrol agent resulting from application of the level 1 border patrol rate of pay or the level 2 border patrol rate of pay— (1) subject to paragraph (2), shall be treated as part of basic pay solely for— (A) purposes of sections 5595(c), 8114(e), 8331(3)(I), and 8704(c); (B) any other purpose that the Director of the Office of Personnel Management may by regulation prescribe; and (C) any other purpose expressly provided for by law; and (2) shall not be treated as part of basic pay for the purposes of calculating overtime pay, night pay, Sunday pay, or holiday pay under section 5542, 5545, or 5546. (e) Travel time Travel time to and from home and duty station by a border patrol agent shall not be considered hours of work under any provision of law. (f) Leave without pay and substitution of hours (1) Regular time (A) In general For a period of leave without pay during the regular time of a border patrol agent (as described in paragraph (2)(A)(i), (3)(A)(i), or (4)(A) of subsection (b)) within a work period, an equal period of work outside the regular time of the border patrol agent, but in the same work period— (i) shall be substituted and paid for at the rate applicable for the regular time; and (ii) shall not be credited as overtime hours for any purpose. (B) Priority for same day work In substituting hours of work under subparagraph (A), work performed on the same day as the period of leave without pay shall be substituted first. (C) Priority for regular time substitution Hours of work shall be substituted for regular time work under this paragraph before being substituted for scheduled overtime under paragraphs (2), (3), and (4). (2) Overtime work (A) In general For a period of absence during scheduled overtime (as described in paragraph (2)(F) or (3)(F) of subsection (b)) within a work period, an equal period of additional work in the same work period— (i) shall be substituted and credited as scheduled overtime; and (ii) shall not be credited as overtime hours under any other provision of law. (B) Priority for same day work In substituting hours of work under subparagraph (A), work performed on the same day as the period of absence shall be substituted first. (3) Application of compensatory time If a border patrol agent does not have sufficient additional work in a work period to substitute for all periods of absence during scheduled overtime (as described in paragraph (2)(F) or (3)(F) of subsection (b)) within that work period, any accrued compensatory time off under section 5542(g) shall be applied to satisfy the hours obligation. (4) Insufficient hours If a border patrol agent has a remaining hours obligation of scheduled overtime after applying paragraphs (2) and (3), any additional work in subsequent work periods that would otherwise be credited under section 5542(g) shall be applied towards the hours obligation until that obligation is satisfied. (g) Authority To require overtime work Nothing in this section shall be construed to limit the authority of U.S. Customs and Border Protection to require a border patrol agent to perform hours of overtime work in accordance with the needs of U.S. Customs and Border Protection, including if needed in the event of a local or national emergency. . (c) Overtime work (1) In general Section 5542 of title 5, United States Code, is amended by adding at the end the following: (g) In applying subsection (a) with respect to a border patrol agent covered by section 5550, the following rules apply: (1) Notwithstanding the matter preceding paragraph (1) in subsection (a), for a border patrol agent who is assigned to the level 1 border patrol rate of pay under section 5550— (A) hours of work in excess of 100 hours during a 14-day biweekly pay period shall be overtime work; and (B) the border patrol agent— (i) shall receive pay at the overtime hourly rate of pay (as determined in accordance with paragraphs (1) and (2) of subsection (a)) for hours of overtime work that are officially ordered or approved in advance of the workweek; and (ii) except as provided in paragraphs (4) and (5), shall receive compensatory time off for an equal amount of time spent performing overtime work that is not overtime work described in clause (i). (2) Notwithstanding the matter preceding paragraph (1) in subsection (a), for a border patrol agent who is assigned to the level 2 border patrol rate of pay under section 5550— (A) hours of work in excess of 90 hours during a 14-day biweekly pay period shall be overtime work; and (B) the border patrol agent— (i) shall receive pay at the overtime hourly rate of pay (as determined in accordance with paragraphs (1) and (2) of subsection (a)) for hours of overtime work that are officially ordered or approved in advance of the workweek; and (ii) except as provided in paragraphs (4) and (5), shall receive compensatory time off for an equal amount of time spent performing overtime work that is not overtime work described in clause (i). (3) Notwithstanding the matter preceding paragraph (1) in subsection (a), for a border patrol agent who is assigned to the basic border patrol rate of pay under section 5550— (A) hours of work in excess of 80 hours during a 14-day biweekly pay period shall be overtime work; and (B) the border patrol agent— (i) shall receive pay at the overtime hourly rate of pay (as determined in accordance with paragraphs (1) and (2) of subsection (a)) for hours of overtime work that are officially ordered or approved in advance of the workweek; and (ii) except as provided in paragraphs (4) and (5), shall receive compensatory time off for an equal amount of time spent performing overtime work that is not overtime work described in clause (i). (4) (A) Except as provided in subparagraph (B), during a 14-day biweekly pay period, a border patrol agent may not earn compensatory time off for more than 10 hours of overtime work. (B) U.S. Customs and Border Protection may, as it determines appropriate, waive the limitation under subparagraph (A) for an individual border patrol agent for hours of irregular or occasional overtime work, but such waiver must be approved in writing in advance of the performance of any such work for which compensatory time off is earned under paragraph (1)(B)(ii), (2)(B)(ii), or (3)(B)(ii). If a waiver request by a border patrol agent is denied, the border patrol agent may not be ordered to perform the associated overtime work. (5) A border patrol agent— (A) may not earn more than 240 hours of compensatory time off during a leave year; (B) shall use any hours of compensatory time off not later than the end of the 26th pay period after the pay period during which the compensatory time off was earned; (C) shall be required to use 1 hour of compensatory time off for each hour of regular time not worked for which the border patrol agent is not on paid leave or other paid time off or does not substitute time in accordance with section 5550(f); (D) shall forfeit any compensatory time off not used in accordance with this paragraph and, regardless of circumstances, shall not be entitled to any cash value for compensatory time earned under section 5550; (E) shall not receive credit towards the computation of the annuity of the border patrol agent for compensatory time, whether used or not; and (F) shall not be credited with compensatory time off if the value of such time off would cause the aggregate premium pay of the border patrol agent to exceed the limitation established under section 5547 in the period in which it was earned. . (2) Minimization of overtime U.S. Customs and Border Protection shall, to the maximum extent practicable, avoid the use of scheduled overtime work by border patrol agents. (d) Retirement Section 8331(3) (1) in subparagraph (G), by striking and (2) in subparagraph (H), by inserting and (3) by inserting a new subparagraph after subparagraph (H) as follows: (I) with respect to a border patrol agent, the amount of supplemental pay received through application of the level 1 border patrol rate of pay or the level 2 border patrol rate of pay for scheduled overtime within the regular tour of duty of the border patrol agent as provided in section 5550; ; and (4) in the undesignated matter following subparagraph (H), by striking subparagraphs (B) through (H) subparagraphs (B) through (I) (e) Comprehensive staffing analysis (1) In general Not later than 1 year after the date of enactment of this Act, U.S. Customs and Border Protection shall conduct a comprehensive analysis, and submit to the Comptroller General of the United States a report, that— (A) examines the staffing requirements for U.S. Border Patrol to most effectively meet its operational requirements at each Border Patrol duty station; (B) estimates the cost of the staffing requirements at each Border Patrol duty station; and (C) includes— (i) a position-by-position review at each Border Patrol station to determine— (I) the duties assigned to each position; (II) how the duties relate to the operational requirements of U.S. Border Patrol; and (III) the number of hours border patrol agents in that position would need to work each pay period to meet the operational requirements of U.S. Border Patrol; (ii) the metrics used to determine the number of hours of work performed at each Border Patrol station, broken down by the type of hours worked; (iii) a cost analysis of the most recent full fiscal year by the type of full-time equivalent hours worked; (iv) a cost estimate by the type of full-time equivalent hours expected to be worked during the first full fiscal year after the date of enactment of this Act; and (v) an analysis that compares the cost of assigning the full-time equivalent hours needed to meet the operational requirements of U.S. Border Patrol to existing border patrol agents through higher rates of pay versus recruiting, hiring, training, and deploying additional border patrol agents. (2) Independent validator Not later than 90 days after the date on which the Comptroller General receives the report under paragraph (1), the Comptroller General shall submit to the appropriate committees of Congress a report that— (A) examines the methodology used by U.S. Customs and Border Protection to carry out the analysis; and (B) indicates whether the Comptroller General concurs with the findings in the report under paragraph (1). (3) Definition In this subsection, the term appropriate committees of Congress (A) the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate; and (B) the Committee on Oversight and Government Reform and the Committee on Appropriations of the House of Representatives. (f) Rules of construction Nothing in this section or the amendments made by this section shall be construed to— (1) limit the right of U.S. Customs and Border Protection to assign both scheduled and unscheduled work to a border patrol agent based on the needs of U.S. Customs and Border Protection in excess of the hours of work normally applicable under the election of the border patrol agent, regardless of what the border patrol agent might otherwise have elected; (2) require compensation of a border patrol agent other than for hours during which the border patrol agent is actually performing work or using approved paid leave or other paid time off; or (3) exempt a border patrol agent from any limitations on pay, earnings, or compensation, including the limitations under section 5547 (g) Technical and conforming amendments (1) Section 5547 (A) in subsection (a), in the matter preceding paragraph (1)— (i) by striking, and 5546 (ii) by inserting , and 5550 5546 (a) and (b) (B) by adding at the end the following: (e) Any supplemental pay resulting from receipt of the level 1 border patrol rate of pay or the level 2 border patrol rate of pay under section 5550 shall be considered premium pay in applying this section. . (2) Section 13(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(a) (A) in paragraph (16), by striking or (B) in paragraph (17), by striking the period at the end and inserting ; or (C) by adding at the end the following: (18) any employee who is a border patrol agent, as defined in section 5550(a) . (3) The table of sections for chapter 55 5550. Border patrol rate of pay. . (h) Regulations The Director of the Office of Personnel Management shall promulgate regulations to carry out this Act and the amendments made by this Act. August 26, 2014 Reported with an amendment

Border Patrol Agent Pay Reform Act of 2014

Safeguarding Elections for our Nation's Troops through Reforms and Improvements (SENTRI) Act - Makes amendments to the Uniformed and Overseas Citizens Absentee Voting Act to expand access to voting in federal elections for members of the uniformed services and U.S. citizens residing abroad (overseas voters). Title I: Amendments Related to the Uniformed and Overseas Citizens Absentee Voting Act - (Sec. 101) Requires the chief election official of a state to report, not later than 43 days before any federal election held in the state, on the total number of absentee ballots validly requested by absent uniformed services voters and overseas voters whose requests were received by the 47th day before the election. (Sec. 102) Eliminates the hardship waiver allowed for states from the requirement to provide absentee voters ballots 46 days prior to an election. Requires express delivery of an absentee ballot that is not timely transmitted, unless a state permits transmission and return of an absentee ballot by electronic means. Requires a state to notify the Attorney General as soon as practicable and take all actions necessary, including seeking necessary judicial review, to ensure that affected absent uniformed services voters and overseas voters are provided a reasonable opportunity to receive and return their absentee ballots in time to be counted. (Sec. 104) Prohibits a state from disqualifying any voter who has registered to vote using the official post card form prescribed by the National Voter Registration Act of 1993. (Sec. 105) Prohibits a state from rejecting a voter registration or absentee ballot application from an overseas voter because of early submission. Allows an absentee voter to use a single absentee ballot application for subsequent elections. Requires the presidential designee to ensure that the official postcard form prescribed under the Uniformed and Overseas Citizens Absentee Voting Act enables a voter using the form to request: (1) an absentee ballot for each election for federal office held in a state through the next regularly scheduled general election, including any runoff elections; or (2) an absentee ballot for a specific election or elections for federal office. (Sec. 106) Makes the Uniformed and Overseas Citizens Absentee Voting Act applicable to the Commonwealth of the Northern Mariana Islands. (Sec. 107) Revises reporting requirements for voting assistance programs for members of the uniformed services and overseas voters to require a biennial report by the presidential designee on June 30 of each odd-numbered year (currently, March 31 of each year) on the effectiveness of such programs. Requires the Comptroller General (GAO) to review such biennial reports for elections held in calendar years 2014 through 2020 and report to Congress on such review. (Sec. 108) Makes the amendments made by this title effective on January 1, 2015. Title II: Provision of Voter Assistance to Members of the Armed Forces - Directs the Secretary of Defense (DOD), in coordination with the Secretary of each military department, to: (1) affirmatively offer, on an annual basis, each member of the Armed Forces on active duty (other than active duty for training) the opportunity, through an online system, to register to vote in a federal election, update voter registration information, or request an absentee ballot; (2) implement an online system for such purposes; and (3) implement a system to track a change of address or duty status of a member of the Armed Forces on active duty to provide an automatic notice to such member of voter registration requirements. Requires the Secretary to prescribe regulations to implement such voter assistance measures and report to the House Committees on Appropriations, Armed Services, and Administration and the Senate Committees on Appropriations, Armed Services, and Rules and Administration on such implementation. Title III: Electronic Voting Systems - Amends the National Defense Authorization Act for Fiscal Year 2002 to repeal the demonstration project allowing absent members of the uniformed services to vote in the regularly scheduled general election for federal office for November 2002 through an electronic voting system.

To amend the Uniformed and Overseas Citizens Absentee Voting Act to improve ballot accessibility to uniformed services voters and overseas voters, and for other purposes. 1. Short title This Act may be cited as the Safeguarding Elections for our Nation's Troops through Reforms and Improvements (SENTRI) Act I Amendments related to the Uniformed and Overseas Citizens Absentee Voting Act 101. Pre-election reporting requirement on transmission of absentee ballots (a) In general Subsection (c) of section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1(c)) is amended by striking Not later than 90 days (1) Pre-election report on absentee ballots transmitted (A) In general Not later than 43 days before any election for Federal office held in a State, the chief State election official of such State shall submit a report to the Attorney General and the Presidential designee, and make that report publicly available that same day, confirming— (i) the number of absentee ballots validly requested by absent uniformed services voters and overseas voters whose requests were received by the 46th day before the election, and (ii) whether those ballots were timely transmitted. (B) Matters to be included The report under subparagraph (A) shall include the following information: (i) Specific information about ballot transmission, including the total numbers of ballot requests received from such voters and ballots transmitted to such voters by the 46th day before the election from each unit of local government that will administer the election. (ii) If the chief State election official has incomplete information on any items required to be included in the report, an explanation of what information is incomplete information and efforts made to acquire such information. (C) Requirement to supplement incomplete information If the report under subparagraph (A) has incomplete information on any items required to be included in the report, the chief State election official shall make all reasonable efforts to expeditiously supplement the report with complete information. (D) Format The report under subparagraph (A) shall be in a format prescribed by the Attorney General in consultation with the chief State election officials of each State. (2) Post election report on number of absentee ballots transmitted and received Not later than 90 days . (b) Conforming amendment The heading for subsection (c) of section 102 of such Act ( 42 U.S.C. 1973ff–1(c) Report on number of absentee ballots transmitted and received Reports on absentee ballots 102. Transmission requirements; repeal of waiver provision (a) In general Paragraph (8) of section 102(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1(a)) is amended to read as follows: (8) transmit a validly requested absentee ballot to an absent uniformed services voter or overseas voter by the date and in the manner determined under subsection (g); . (b) Ballot transmission requirements and repeal of waiver provision Subsection (g) of section 102 of such Act (42 U.S.C. 1973ff–1(g)) is amended to read as follows: (g) Ballot transmission requirements (1) In general For purposes of subsection (a)(8), in the case in which a valid request for an absentee ballot is received at least 46 days before an election for Federal office, the following rules shall apply: (A) Transmission deadline The State shall transmit the absentee ballot not later than 46 days before the election. (B) Special rules in case of failure to transmit on time (i) In general If the State fails to transmit any absentee ballot by the 46th day before the election as required by subparagraph (A) and the absent uniformed services voter or overseas voter did not request electronic ballot transmission pursuant to subsection (f), the State shall transmit such ballot by express delivery. (ii) Extended failure If the State fails to transmit any absentee ballot by the 41st day before the election, in addition to transmitting the ballot as provided in clause (i), the State shall— (I) in the case of absentee ballots requested by absent uniformed services voters with respect to regularly scheduled general elections, notify such voters of the procedures established under section 103A for the collection and delivery of marked absentee ballots; and (II) in any other case, provide for the return of such ballot by express delivery. (iii) Cost of express delivery In any case in which express delivery is required under this subparagraph, the cost of such express delivery— (I) shall not be paid by the voter, and (II) may be required by the State to be paid by a local jurisdiction if the State determines that election officials in such jurisdiction are responsible for the failure to transmit the ballot by any date required under this paragraph. (iv) Enforcement A State’s compliance with this subparagraph does not bar the Attorney General from seeking additional remedies necessary to effectuate the purposes of this Act. (2) Requests received after 46th day before election For purposes of subsection (a)(8), in the case in which a valid request for an absentee ballot is received less than 46 days but not less than 30 days before an election for Federal office, the State shall transmit the absentee ballot not later than 3 business days after such request is received. . 103. Technical clarifications to conform to 2009 MOVE Act amendments related to the Federal write-in absentee ballot (a) In general Section 102(a)(3) of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–1(a)(3) general elections general, special, primary, and runoff elections (b) Conforming amendment Section 103 of such Act ( 42 U.S.C. 1973ff–2 (1) in subsection (b)(2)(B), by striking general (2) in the heading thereof, by striking general 104. Treatment of ballot requests (a) Application of prohibition of refusal of applications on grounds of early submission to overseas voters Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–3) is amended— (1) by inserting or overseas voter submitted by an absent uniformed services voter (2) by striking members of the uniformed services absent uniformed services voters or overseas voters (b) Use of single application for subsequent elections (1) In general Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–3 (A) by striking A State (a) Prohibition of refusal of applications on grounds of early submission A State , and (B) by adding at the end the following new subsections: (b) Application treated as valid for subsequent elections (1) In general If a State accepts and processes a request for an absentee ballot by an absent uniformed services voter or overseas voter 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) and any special elections for Federal office held in the State through the calendar year following such general election, the State shall provide an absentee ballot to the voter for each such subsequent election. (2) Exceptions Paragraph (1) shall not apply with respect to either of the following: (A) Voters changing registration A voter removed from the list of official eligible voters in accordance with subparagraph (A), (B), or (C) of section 8(a)(3) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–6(a) (B) Undeliverable ballots A voter whose ballot is returned by mail to the State or local election officials as undeliverable or, in the case of a ballot delivered electronically, if the email sent to the voter was undeliverable or rejected due to an invalid email address. . (2) Conforming amendment The heading of section 104 of such Act is amended by striking Prohibition of refusal of applications on grounds of early submission Treatment of ballot requests (3) Revision to postcard form (A) In general The Presidential designee shall ensure that the official postcard form prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff(b)(2) (i) request an absentee ballot for each election for Federal office held in a 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) and any special elections for Federal office held in the State through the calendar year following such general election; or (ii) request an absentee ballot for a specific election or elections for Federal office held in a State during the period described in paragraph (1). (B) Presidential designee For purposes of this paragraph, the term Presidential designee 105. Applicability to Commonwealth of the Northern Mariana Islands Paragraphs (6) and (8) of section 107 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–6(6)) are each amended by striking and American Samoa American Samoa, and the Commonwealth of the Northern Mariana Islands 106. Biennial report on the effectiveness of activities of the federal voting assistance program and Comptroller General review (a) In general Section 105A(b) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–4a(b)) is amended— (1) in the matter preceding paragraph (1)— (A) by striking March 31 of each year June 30 of each odd-numbered year (B) by striking the following information the following information with respect to the Federal elections held during the 2 preceding calendar years (2) in paragraph (1), by striking separate assessment separate assessment and statistical analysis (3) in paragraph (2)— (A) by striking section 1566a sections 1566a and 1566b (B) by striking such section such sections (C) by adding at the end the following new subparagraphs: (C) The number of completed official postcard forms prescribed under section 101(b)(2) that were completed by absent uniformed services members and accepted and transmitted. (D) The number of absent uniformed services members who declined to register to vote under such sections. . (b) Comptroller General reviews Section 105A of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–4a (c) Comptroller General reviews (1) In general (A) Review The Comptroller General shall conduct a review of any reports submitted by the Presidential designee under subsection (b) with respect to elections occurring in calendar years 2014 through 2020. (B) Report Not later than 180 days after a report is submitted by the Presidential designee under subsection (b), the Comptroller General shall submit to the relevant committees of Congress a report containing the results of the review conducted under subparagraph (A). (2) Matters reviewed A review conducted under paragraph (1) shall assess— (A) the methodology used by the Presidential designee to prepare the report and to develop the data presented in the report, including the approach for designing, implementing, and analyzing the results of any surveys, (B) the effectiveness of any voting assistance covered in the report provided under subsection (b) and provided by the Presidential designee to absent overseas uniformed services voters and overseas voters who are not members of the uniformed services, including an assessment of— (i) any steps taken toward improving the implementation of such voting assistance; and (ii) the extent of collaboration between the Presidential designee and the States in providing such voting assistance; and (C) any other information the Comptroller General considers relevant to the review. . (c) Conforming amendments (1) Section 101(b) of such Act ( 42 U.S.C. 1973ff(b) (A) by striking paragraph (6); and (B) by redesignating paragraphs (7) through (11) as paragraphs (6) through (10), respectively. (2) Section 102(a) of such Act ( 42 U.S.C. 1973ff–1(a) (A) in paragraph (5), by striking 101(b)(7) 101(b)(6) (B) in paragraph (11), by striking 101(b)(11) 101(b)(10) (3) Section 105A(b) of such Act (42 U.S.C. 1973ff–4a(b)) is amended— (A) by striking Annual report Biennial report (B) by striking In the case of a description A description 107. Effective date The amendments made by this title shall apply with respect to the regularly scheduled general election for Federal office held in November 2014 and each succeeding election for Federal office. II Provision of voter assistance to members of the Armed Forces 201. Provision of annual voter assistance (a) Annual voter assistance (1) In general Chapter 80 section 1566a 1566b. Annual voter assistance (a) In general The Secretary of Defense shall carry out the following activities: (1) In coordination with the Secretary of each military department— (A) affirmatively offer, on an annual basis, each member of the armed forces on active duty (other than active duty for training) the opportunity, through the online system developed under paragraph (2), to— (i) register to vote in an election for Federal office; (ii) update the member's voter registration information; or (iii) request an absentee ballot; (B) provide services to such members for the purpose of carrying out the activities in clauses (i), (ii), and (iii) of subparagraph (A); and (C) require any such member who declines the offer for voter assistance under subparagraph (A) to indicate and record that decision. (2) Implement an online system that, to the extent practicable, is integrated with the existing systems of each of the military departments and that— (A) provides an electronic means for carrying out the requirements of paragraph (1); (B) in the case of an individual registering to vote in a State that accepts electronic voter registration and operates its own electronic voter registration system using a form that meets the requirements for mail voter registration forms under section 9(b) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg–7(b)), directs such individual to that system; and (C) in the case of an individual using the official postcard form prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)(2)) to register to vote and request an absentee ballot— (i) pre-populates such official postcard form with the personal information of such individual, and (ii) (I) produces the pre-populated form and a pre-addressed envelope for use in transmitting such official postcard form; or (II) transmits the completed official postcard form electronically to the appropriate State or local election officials. (3) Implement a system (either independently or in conjunction with the online system under paragraph (2)) by which any change of address by a member of the armed forces on active duty who is undergoing a permanent change of station, deploying overseas for at least six months, or returning from an overseas deployment of at least six months automatically triggers, through the Defense Enrollment and Eligibility Registration System or related systems, a notification via electronic means to such member that— (A) indicates that such member's voter registration or absentee mailing address should be updated with the appropriate State or local election officials; and (B) includes instructions on how to update such voter registration using the online system developed under paragraph (2). (b) Data collection The online system developed under subsection (a)(2) shall collect and store all data required to meet the reporting requirements of section 201(b) of the Safeguarding Elections for our Nation's Troops through Reforms and Improvements (SENTRI) Act section 552a (c) Timing of voter assistance To the extent practicable, the voter assistance under subsection (a)(1) shall be offered as a part of each servicemember’s annual training. (d) Regulations Not later than 1 year after the date of the enactment of this section, the Secretary of Defense shall prescribe regulations implementing the requirements of subsection (a). Such regulations shall include procedures to inform those members of the armed forces on active duty (other than active duty for training) experiencing a change of address about the benefits of this section and the timeframe for requesting an absentee ballot to ensure sufficient time for State delivery of the ballot. . (2) Clerical amendment The table of sections at the beginning of chapter 80 of such title is amended by inserting after the item relating to section 1566a the following new item: 1566b. Annual voter assistance. . (b) Report on status of implementation (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the relevant committees of Congress a report on the status of the implementation of the requirements of section 1566b (2) Elements The report under paragraph (1) shall include— (A) a detailed description of any specific steps already taken towards the implementation of the requirements of such section 1566b; (B) a detailed plan for the implementation of such requirements, including milestones and deadlines for the completion of such implementation; (C) the costs expected to be incurred in the implementation of such requirements; (D) a description of how the annual voting assistance and system under subsection (a)(3) of such section will be integrated with the Defense Enrollment and Eligibility Registration System or other Department of Defense personnel databases that track military servicemembers' address changes; (E) an estimate of how long it will take an average member to complete the voter assistance process required under subsection (a)(1) of such section; (F) an explanation of how the Secretary of Defense will collect reliable data on the utilization of the online system under subsection (a)(2) of such section; and (G) a summary of any objections, concerns, or comments made by State or local election officials regarding the implementation of such section. (3) Relevant committees of congress defined In this subsection, the term relevant committees of Congress (A) the Committees on Appropriations, Armed Services, and Rules and Administration of the Senate; and (B) the Committees on Appropriations, Armed Services, and House Administration of the House of Representatives. III Electronic voting systems 301. Repeal of electronic voting demonstration project Section 1604 of the National Defense Authorization Act for Fiscal Year 2002 ( 42 U.S.C. 1973ff IV Residency of military family members 401. Extending guarantee of residency for voting purposes to family members of absent military personnel (a) In general Subsection (b) of section 705 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 595 (1) by striking a person who is absent from a State because the person is accompanying the persons's spouse who is absent from that same State in compliance with military or naval orders shall not, solely by reason of that absence a dependent of a person who is absent from a State in compliance with military orders shall not, solely by reason of absence, whether or not accompanying that person (2) in the heading by striking Spouses Dependents (b) Conforming amendment The heading of section 705 of such Act ( 50 U.S.C. App. 595 spouses dependents (c) Effective date The amendments made by this section shall apply with respect to absences from States described in section 705(b) of the Servicemembers Civil Relief Act (50 U.S.C. App. 595(b)), as amended by subsection (a), after the date of the enactment of this Act, regardless of the date of the military orders concerned. 1. Short title This Act may be cited as the Safeguarding Elections for our Nation's Troops through Reforms and Improvements (SENTRI) Act I Amendments related to the Uniformed and Overseas Citizens Absentee Voting Act 101. Pre-election reporting requirement on transmission of absentee ballots (a) In general Subsection (c) of section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1(c)) is amended by striking Not later than 90 days (1) Pre-election report on absentee ballots transmitted (A) In general Not later than 43 days before any election for Federal office held in a State, the chief State election official of such State shall submit a report containing the information in subparagraph (B) to the Attorney General and the Presidential designee, and make that report publicly available that same day. (B) Information reported The report under subparagraph (A) shall consist of the following: (i) The total number of absentee ballots validly requested by absent uniformed services voters and overseas voters whose requests were received by the 47th day before the election. (ii) The total number of ballots transmitted to such voters by the 46th day before the election by each unit of local government within the State that will administer the election. (iii) If the chief State election official has incomplete information on any items required to be included in the report, an explanation of what information is incomplete information and efforts made to acquire such information, including the identity of any unit of local government that failed to provide required information to the State. (C) Requirement to supplement incomplete information If the report under subparagraph (A) has incomplete information on any items required to be included in the report, the chief State election official shall make all reasonable efforts to expeditiously supplement the report with complete information. (D) Format The report under subparagraph (A) shall be in a format prescribed by the Attorney General in consultation with the chief State election officials of each State. (2) Post election report on number of absentee ballots transmitted and received Not later than 90 days . (b) Conforming amendment The heading for subsection (c) of section 102 of such Act ( 42 U.S.C. 1973ff–1(c) Report on number of absentee ballots transmitted and received Reports on absentee ballots 102. Transmission requirements; repeal of waiver provision (a) In general Paragraph (8) of section 102(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1(a)) is amended to read as follows: (8) transmit a validly requested absentee ballot to an absent uniformed services voter or overseas voter by the date and in the manner determined under subsection (g); . (b) Ballot transmission requirements and repeal of waiver provision Subsection (g) of section 102 of such Act (42 U.S.C. 1973ff–1(g)) is amended to read as follows: (g) Ballot transmission requirements (1) In general For purposes of subsection (a)(8), in the case in which a valid request for an absentee ballot is received at least 47 days before an election for Federal office, the following rules shall apply: (A) Transmission deadline The State shall transmit the absentee ballot not later than 46 days before the election. (B) Special rules in case of failure to transmit on time (i) In general If the State fails to transmit any absentee ballot by the 46th day before the election as required by subparagraph (A) and the absent uniformed services voter or overseas voter did not request electronic ballot transmission pursuant to subsection (f), the State shall transmit such ballot by express delivery. (ii) Extended failure If the State fails to transmit any absentee ballot by the 41st day before the election, in addition to transmitting the ballot as provided in clause (i), the State shall— (I) in the case of absentee ballots requested by absent uniformed services voters with respect to regularly scheduled general elections, notify such voters of the procedures established under section 103A for the collection and delivery of marked absentee ballots; and (II) in any other case, provide for the return of such ballot by express delivery. (iii) Cost of express delivery In any case in which express delivery is required under this subparagraph, the cost of such express delivery— (I) shall not be paid by the voter, and (II) may be required by the State to be paid by a local jurisdiction if the State determines that election officials in such jurisdiction are responsible for the failure to transmit the ballot by any date required under this paragraph. (iv) Exception Clause (ii)(II) shall not apply when an absent uniformed services voter or overseas voter indicates the preference to return the late sent absentee ballot by electronic transmission in a State that permits return of an absentee ballot by electronic transmission. (v) Enforcement A State’s compliance with this subparagraph does not bar the Attorney General from seeking additional remedies necessary to fully resolve or prevent ongoing, future, or systematic violations of this provision. (C) Special procedure in event of disaster If a disaster (hurricane, tornado, earthquake, storm, volcanic eruption, landslide, fire, flood, or explosion), or an act of terrorism prevents the State from transmitting any absentee ballot by the 46th day before the election as required by subparagraph (A), it shall notify the Attorney General as soon as practicable and take all actions necessary, including seeking any necessary judicial relief, to ensure that affected absent uniformed services voters and overseas voters are provided a reasonable opportunity to receive and return their absentee ballots in time to be counted. (2) Requests received after 47th day before election For purposes of subsection (a)(8), in the case in which a valid request for an absentee ballot is received less than 47 days but not less than 30 days before an election for Federal office, the State shall transmit the absentee ballot not later than 3 business days after such request is received. . 103. Technical clarifications to conform to 2009 MOVE Act amendments related to the Federal write-in absentee ballot (a) In general Section 102(a)(3) of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–1(a)(3) general elections general, special, primary, and runoff elections (b) Conforming amendment Section 103 of such Act ( 42 U.S.C. 1973ff–2 (1) in subsection (b)(2)(B), by striking general (2) in the heading thereof, by striking general 104. Treatment of post card registration requests Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–1 (j) Treatment of post card registrations A State shall not remove any voter who has registered to vote using the official post card form (prescribed under section 101) except in accordance with subparagraph (A), (B), or (C) of section 8(a)(3) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–6(a) . 105. Treatment of ballot requests (a) Application of prohibition of refusal of applications on grounds of early submission to overseas voters Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–3) is amended— (1) by inserting or overseas voter submitted by an absent uniformed services voter (2) by striking members of the uniformed services absent uniformed services voters or overseas voters (b) Use of single application for subsequent elections (1) In general Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–3 (A) by striking A State (a) Prohibition of refusal of applications on grounds of early submission A State , and (B) by adding at the end the following new subsections: (b) Application treated as valid for subsequent elections (1) In general If a State accepts and processes a request for an absentee ballot by an absent uniformed services voter or overseas voter 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. (2) Exceptions Paragraph (1) shall not apply with respect to either of the following: (A) Voters changing registration A voter removed from the list of official eligible voters in accordance with subparagraph (A), (B), or (C) of section 8(a)(3) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–6(a) (B) Undeliverable ballots A voter whose ballot is returned by mail to the State or local election officials as undeliverable or, in the case of a ballot delivered electronically, if the email sent to the voter was undeliverable or rejected due to an invalid email address. . (2) Conforming amendment The heading of section 104 of such Act is amended by striking Prohibition of refusal of applications on grounds of early submission Treatment of ballot requests (3) Revision to postcard form (A) In general The Presidential designee shall ensure that the official postcard form prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff(b)(2) (i) request an absentee ballot for each election for Federal office held in a 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); or (ii) request an absentee ballot for a specific election or elections for Federal office held in a State during the period described in paragraph (1). (B) Presidential designee For purposes of this paragraph, the term Presidential designee 106. Applicability to Commonwealth of the Northern Mariana Islands Paragraphs (6) and (8) of section 107 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–6(6)) are each amended by striking and American Samoa American Samoa, and the Commonwealth of the Northern Mariana Islands 107. Biennial report on the effectiveness of activities of the federal voting assistance program and Comptroller General review (a) In general Section 105A(b) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–4a(b)) is amended— (1) in the matter preceding paragraph (1)— (A) by striking March 31 of each year June 30 of each odd-numbered year (B) by striking the following information the following information with respect to the Federal elections held during the 2 preceding calendar years (2) in paragraph (1), by striking separate assessment separate assessment and statistical analysis (3) in paragraph (2)— (A) by striking section 1566a sections 1566a and 1566b (B) by striking such section such sections (C) by adding at the end the following new subparagraphs: (C) The number of completed official postcard forms prescribed under section 101(b)(2) that were completed by absent uniformed services members and accepted and transmitted. (D) The number of absent uniformed services members who declined to register to vote under such sections. . (b) Comptroller General reviews Section 105A of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–4a (c) Comptroller General reviews (1) In general (A) Review The Comptroller General shall conduct a review of any reports submitted by the Presidential designee under subsection (b) with respect to elections occurring in calendar years 2014 through 2020. (B) Report Not later than 180 days after a report is submitted by the Presidential designee under subsection (b), the Comptroller General shall submit to the relevant committees of Congress a report containing the results of the review conducted under subparagraph (A). (2) Matters reviewed A review conducted under paragraph (1) shall assess— (A) the methodology used by the Presidential designee to prepare the report and to develop the data presented in the report, including the approach for designing, implementing, and analyzing the results of any surveys, (B) the effectiveness of any voting assistance covered in the report provided under subsection (b) and provided by the Presidential designee to absent overseas uniformed services voters and overseas voters who are not members of the uniformed services, including an assessment of— (i) any steps taken toward improving the implementation of such voting assistance; and (ii) the extent of collaboration between the Presidential designee and the States in providing such voting assistance; and (C) any other information the Comptroller General considers relevant to the review. . (c) Conforming amendments (1) Section 101(b) of such Act ( 42 U.S.C. 1973ff(b) (A) by striking paragraph (6); and (B) by redesignating paragraphs (7) through (11) as paragraphs (6) through (10), respectively. (2) Section 102(a) of such Act ( 42 U.S.C. 1973ff–1(a) (A) in paragraph (5), by striking 101(b)(7) 101(b)(6) (B) in paragraph (11), by striking 101(b)(11) 101(b)(10) (3) Section 105A(b) of such Act (42 U.S.C. 1973ff–4a(b)) is amended— (A) by striking Annual report Biennial report (B) by striking In the case of a description A description (d) Effective date The amendments made by this section shall apply to reports required to be issued after the date of the enactment of this Act. 108. Effective date Except as provided in section 107(d), the amendments made by this title shall take effect on January 1, 2015. II Provision of voter assistance to members of the Armed Forces 201. Provision of annual voter assistance (a) Annual voter assistance (1) In general Chapter 80 section 1566a 1566b. Annual voter assistance (a) In general The Secretary of Defense shall carry out the following activities: (1) In coordination with the Secretary of each military department— (A) affirmatively offer, on an annual basis, each member of the armed forces on active duty (other than active duty for training) the opportunity, through the online system developed under paragraph (2), to— (i) register to vote in an election for Federal office; (ii) update the member's voter registration information; or (iii) request an absentee ballot; (B) provide services to such members for the purpose of carrying out the activities in clauses (i), (ii), and (iii) of subparagraph (A); and (C) require any such member who declines the offer for voter assistance under subparagraph (A) to indicate and record that decision. (2) Implement an online system that, to the extent practicable, is integrated with the existing systems of each of the military departments and that— (A) provides an electronic means for carrying out the requirements of paragraph (1); (B) in the case of an individual registering to vote in a State that accepts electronic voter registration and operates its own electronic voter registration system using a form that meets the requirements for mail voter registration forms under section 9(b) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg–7(b)), directs such individual to that system; and (C) in the case of an individual using the official postcard form prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)(2)) to register to vote and request an absentee ballot— (i) pre-populates such official postcard form with the personal information of such individual, and (ii) (I) produces the pre-populated form and a pre-addressed envelope for use in transmitting such official postcard form; or (II) transmits the completed official postcard form electronically to the appropriate State or local election officials. (3) Implement a system (either independently or in conjunction with the online system under paragraph (2)) by which any change of address by a member of the armed forces on active duty who is undergoing a permanent change of station, deploying overseas for at least six months, or returning from an overseas deployment of at least six months automatically triggers a notification via electronic means to such member that— (A) indicates that such member's voter registration or absentee mailing address should be updated with the appropriate State or local election officials; and (B) includes instructions on how to update such voter registration using the online system developed under paragraph (2). (b) Data collection The online system developed under subsection (a)(2) shall collect and store all data required to meet the reporting requirements of section 201(b) of the Safeguarding Elections for our Nation's Troops through Reforms and Improvements (SENTRI) Act section 552a (c) Timing of voter assistance To the extent practicable, the voter assistance under subsection (a)(1) shall be offered as a part of each servicemember’s annual training. (d) Regulations Not later than 1 year after the date of the enactment of this section, the Secretary of Defense shall prescribe regulations implementing the requirements of subsection (a). Such regulations shall include procedures to inform those members of the armed forces on active duty (other than active duty for training) experiencing a change of address about the benefits of this section and the timeframe for requesting an absentee ballot to ensure sufficient time for State delivery of the ballot. . (2) Clerical amendment The table of sections at the beginning of chapter 80 of such title is amended by inserting after the item relating to section 1566a the following new item: 1566b. Annual voter assistance. . (b) Report on status of implementation (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the relevant committees of Congress a report on the status of the implementation of the requirements of section 1566b (2) Elements The report under paragraph (1) shall include— (A) a detailed description of any specific steps already taken towards the implementation of the requirements of such section 1566b; (B) a detailed plan for the implementation of such requirements, including milestones and deadlines for the completion of such implementation; (C) the costs expected to be incurred in the implementation of such requirements; (D) a description of how the annual voting assistance and system under subsection (a)(3) of such section will be integrated with Department of Defense personnel databases that track military servicemembers' address changes; (E) an estimate of how long it will take an average member to complete the voter assistance process required under subsection (a)(1) of such section; (F) an explanation of how the Secretary of Defense will collect reliable data on the utilization of the online system under subsection (a)(2) of such section; and (G) a summary of any objections, concerns, or comments made by State or local election officials regarding the implementation of such section. (3) Relevant committees of congress defined In this subsection, the term relevant committees of Congress (A) the Committees on Appropriations, Armed Services, and Rules and Administration of the Senate; and (B) the Committees on Appropriations, Armed Services, and House Administration of the House of Representatives. III Electronic voting systems 301. Repeal of electronic voting demonstration project Section 1604 of the National Defense Authorization Act for Fiscal Year 2002 ( 42 U.S.C. 1973ff April 10, 2014 Reported with an amendment

Safeguarding Elections for our Nation's Troops through Reforms and Improvements (SENTRI) Act

Security Clearance Accountability, Reform, and Enhancement Act - (Sec. 3) Deems a federal agency employee to be unfit for federal employment if the agency determines that such employee has engaged in misconduct affecting the integrity of a background investigation, including falsification of any information relating to such an investigation (covered misconduct). Prohibits an individual who has engaged in covered misconduct from being appointed to or continuing to occupy a position that requires the performance of background investigations. Extends such sanctions to employees performing background investigations under a contract between an agency and a prime contractor and subcontractors (covered contract). Requires a covered contract to include provisions requiring mandatory disclosure of covered misconduct within 24 hours after the contractor discovers such misconduct and referral to the agency for investigation. Requires the President to report to specified congressional committees on: (1) the number of individuals determined to be unfit for federal employment due to covered misconduct or ineligible to perform work under a covered contract; and (2) the details of such misconduct. (Sec. 4) Requires the President to: (1) review and update guidance to assist agencies in determining position sensitivity designation and the appropriate background investigation to initiate for each position designation; (2) review, not less frequently than every five years, and revise the position designation of positions within federal agencies; and (3) report on any issues identified and the number of position designations revised as a result of the review.

To strengthen the accountability of individuals involved in misconduct affecting the integrity of background investigations, to update guidelines for security clearances, and for other purposes. 1. Short title This Act may be cited as the Security Clearance Accountability, Reform, and Enhancement Act 2. Definitions In this Act— (1) the term administrative leave (A) means a period of administratively authorized absence from official duties by an employee of an agency without loss of pay or charge to the leave account of the employee; and (B) does not include the absence of an employee of an agency who is performing officially sanctioned duties away from the usual work site or that are different from the regular duties of the employee; (2) the term agency 50 U.S.C. 3341 (3) the term appropriate congressional committees (A) the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate; and (B) the Committee on Oversight and Government Reform and the Permanent Select Committee on Intelligence of the House of Representatives; (4) the term background investigation (5) the term covered contract (A) between an agency and a prime contractor; (B) between a prime contractor and a subcontractor; and (C) between subcontractors; (6) the term debar (A) means to prohibit an individual from being appointed to, or continuing to occupy, a position, as a contractor of an agency, that requires its occupant to supervise, conduct, or otherwise administer background investigations; and (B) shall be construed within the parameters and scope of debarment under subpart 9.4 of part 9 of title 48, Code of Federal Regulations, or any successor thereto; (7) the term Director (8) the term prime contractor (9) the term subcontractor (10) the term terminate 3. Termination and debarment of individuals involved in misconduct affecting the integrity of the background investigations program of the Office of Personnel Management (a) Termination The Director shall terminate an individual employed by the Office of Personnel Management if the Director determines, based upon a preponderance of the evidence, that the individual was intentionally involved in misconduct affecting the integrity of the background investigations program of the Office of Personnel Management, including— (1) falsification of a background investigation report; (2) fraud relating to a background investigation report; or (3) other serious misconduct that compromises the integrity of a background investigation report. (b) Debarment The Director shall debar an individual employed or contracted by a person under contract with the Office of Personnel Management if the Director determines, based upon a preponderance of the evidence, that the individual was intentionally involved in misconduct that has the potential to affect the integrity of the background investigations program of the Office of Personnel Management, including— (1) falsification of a background investigation report; (2) fraud relating to a background investigation report; or (3) other serious misconduct that compromises the integrity of a background investigation report. (c) Suspension (1) In general The Director shall suspend an individual employed or contracted by a person under contract with the Office of Personnel Management if the Director determines, based upon a preponderance of the evidence, that an investigation is required to determine whether the individual was intentionally involved in misconduct affecting the integrity of the background investigations program of the Office of Personnel Management, including— (A) falsification of a background investigation report; (B) fraud relating to a background investigation report; or (C) other serious misconduct that compromises the integrity of a background investigation report. (2) Duration of suspension An individual suspended under paragraph (1) shall remain suspended until such time that the Director determines that the individual was not intentionally involved in misconduct affecting the integrity of the background investigations program of the Office of Personnel Management. (d) Administrative leave (1) In general The Director shall place on administrative leave an individual employed by the Office of Personnel Management if the Director determines, based upon a preponderance of the evidence, that an investigation is required to determine whether the individual was intentionally involved in misconduct affecting the integrity of the background investigations program of the Office of Personnel Management, including— (A) falsification of a background investigation report; (B) fraud relating to a background investigation report; or (C) other serious misconduct that compromises the integrity of a background investigation report. (2) Period of administrative leave An individual placed on administrative leave under paragraph (1) shall remain on administrative leave until such time that the Director determines that the individual was not intentionally involved in misconduct affecting the integrity of the background investigations program of the Office of Personnel Management. (e) Procedures The Director shall establish procedures under which subsections (a) through (d) shall be carried out, which shall— (1) with respect to employees— (A) ensure that— (i) the employee is provided with notice and opportunity to be heard; and (ii) the determination whether to terminate or reinstate the employee is made expeditiously; and (B) be in accordance with chapters 5 and 75 of title 5, United States Code; and (2) with respect to individuals employed or contracted by persons under contract with the Office of Personnel Management, shall be carried out in accordance with section 9.406–3 of title 48, Code of Federal Regulations, or any successor thereto. (f) Mandatory disclosure Any covered contract shall include a provision requiring the prime contractor or subcontractor to disclose any misconduct of the type described under subsections (a) through (d) and any violation of Federal law to the agency in a timely manner, and in no event later than 90 days after the date that the misconduct is discovered by the prime contractor or subcontractor. (g) Reporting Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director shall submit to the appropriate congressional committees a report providing— (1) the number of individuals terminated under subsection (a); (2) the number of individuals debarred under subsection (b); (3) the number of individuals suspended under subsection (c); (4) the number of individuals placed on administrative leave under subsection (d); and (5) details of the misconduct that resulted in each termination under subsection (a), debarment under subsection (b), suspension under subsection (c), and placement on administrative leave under subsection (d). 4. Review and update of classified information guidance (a) Guidelines Not later than 180 days after the date of enactment of this Act, the President shall review and update guidance for agencies that shall be used to— (1) determine whether a position requires its occupant to have a security clearance; (2) implement the guidance provided in paragraph (1), including quality controls; and (3) not less frequent than every 5 years, review and, if necessary, revise the designation of a position as requiring its occupant to have access to classified information or secure government facilities. (b) Reports to Congress Not later than 30 days after a review under subsection (a)(2), the President shall submit to the appropriate congressional committees a report on any issues identified in the review, and any updates made, under subsection (a)(2). (c) No change in authority Nothing in this section limits or expands the authority of any agency to designate a position as requiring its occupant to have access to classified information or secure government facilities. 1. Short title This Act may be cited as the Security Clearance Accountability, Reform, and Enhancement Act 2. Definitions In this Act— (1) the term agency (2) the term appropriate agency (A) in the case of a prime contractor for a covered contract, the agency with which the prime contractor entered the covered contract; or (B) in the case of a subcontractor for a covered contract, any agency on whose behalf the subcontractor is performing work under the covered contract; (3) the term appropriate congressional committees (A) the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate; and (B) the Committee on Oversight and Government Reform and the Permanent Select Committee on Intelligence of the House of Representatives; (4) the term background investigation (A) eligibility of a covered individual for logical and physical access to federally controlled facilities or information systems; (B) suitability or fitness of a covered individual for Federal employment; (C) eligibility of a covered individual for access to classified information or to hold a national security sensitive position; or (D) fitness of a covered individual to perform work for or on behalf of the United States Government as a contractor employee; (5) the term covered contract (A) between an agency and a prime contractor; (B) between a prime contractor and a subcontractor, if the prime contractor has a contract with an agency; or (C) between subcontractors, if one of the subcontractors has a contract with a prime contractor that has a contract with an agency; (6) the term covered individual (A) performs work for or on behalf of an agency; or (B) seeks to perform work for or on behalf of an agency; (7) the term covered misconduct (A) falsification of any information relating to a background investigation; or (B) other serious misconduct that compromises the integrity of a background investigation; (8) the term prime contractor (9) the term subcontractor 3. Accountability of individuals involved in misconduct affecting the integrity of agency background investigations (a) Misconduct by Federal employees (1) Unfit for Federal employment If an agency determines that an employee of the agency has engaged in covered misconduct, the employee shall be found unfit for Federal employment. (2) Fitness determinations An agency shall make a determination under paragraph (1) in accordance with any statutory, regulatory, or internal agency procedures applicable to investigating alleged misconduct by employees of the agency. (3) Prohibition on reemployment to conduct background investigations If an agency determines under paragraph (1) that an individual is unfit for Federal employment, the individual shall not be appointed to or continue to occupy a position, as an employee of any agency, that requires its occupant to perform background investigations. (b) Misconduct by employees under contract (1) Ineligibility for performance of work under a covered contract If an appropriate agency, prime contractor, or subcontractor determines that an individual performing work under a covered contract has engaged in covered misconduct, the individual shall be ineligible to perform background investigations under a covered contract. (2) Mandatory disclosure A covered contract shall include a provision requiring a prime contractor or subcontractor to disclose to each appropriate agency any allegation of covered misconduct by an employee of the prime contractor or subcontractor not later than 24 hours after the prime contractor or subcontractor discovers the alleged covered misconduct. (3) Investigation of covered misconduct (A) Contractor investigation A covered contract shall include a provision requiring that, not later than 5 business days after the date on which a prime contractor or subcontractor discloses an allegation under paragraph (2), the prime contractor or subcontractor shall refer the allegation of covered misconduct to the agency for investigation. (B) Agency investigation Nothing in subparagraph (A) shall be construed to prohibit an appropriate agency from conducting its own investigation into an allegation of covered misconduct. (4) Prohibition on reemployment to conduct background investigations If an appropriate agency determines, based on an investigation conducted under paragraph (3), that an individual is ineligible to perform work under a covered contract under paragraph (1), the individual shall be prohibited from performing background investigations under any covered contract. (5) Modification of existing contracts Not later than 30 days after the date of enactment of this Act, any covered contract that is in effect and was entered into before the date of enactment of this Act shall be modified to include the provisions required under paragraphs (2) and (3). (c) Reporting Not later than 1 year after the date of enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report providing— (1) the number of individuals determined to be— (A) unfit for Federal employment under subsection (a); or (B) ineligible to perform work under a covered contract under subsection (b); and (2) details of the covered misconduct that resulted in each determination described in paragraph (1). 4. Review and update of position designation guidance (a) Guidelines (1) Initial review and update of guidance Not later than 180 days after the date of enactment of this Act, the President shall review and, if appropriate, update the guidance the President issues to assist agencies in determining— (A) position sensitivity designation; and (B) the appropriate background investigation to initiate for each position designation. (2) Reviews and revisions of position designations Not less frequently than every 5 years, the President, acting through relevant agencies (as determined by the President) and in accordance with the guidance described in paragraph (1), shall review and, if necessary, revise the position designation of positions within agencies. (b) Reports to Congress Not later than 30 days after completing a review under subsection (a)(2), the President shall submit to the appropriate congressional committees a report on— (1) any issues identified in the review; and (2) the number of position designations revised as a result of the review. (c) No change in authority Nothing in this section limits or expands the authority of any agency to designate a position as sensitive or as requiring its occupant to have access to classified information. Amend the title so as to read: A bill to strengthen the accountability of individuals involved in misconduct affecting the integrity of background investigations, to update guidelines for position designation, and for other purposes. November 20, 2014 Reported with an amendment and an amendment to the title

Security Clearance Accountability, Reform, and Enhancement Act

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Public Access to Public Land Guarantee Act - (Sec. 4) Directs the Department of the Interior or the Department of Agriculture (USDA) to enter into an agreement under which they may accept funds from the state or local government to reopen units of the National Park System, the National Wildlife Refuge System, or the National Forest System during any period in which Interior or USDA is unable to maintain normal level of operations at their units because of a lapse in appropriations. Requires Interior or USDA, as appropriate, to refund all amounts it provided under the agreement to the state or local government: (1) upon enactment of an Act retroactively appropriating amounts sufficient to maintain normal operating levels at the reopened units, or (2) on the date on which the state or local government establishes that Interior or USDA collected entrance or user fees for the units during the agreement period. Allows Interior or USDA to reimburse the state or local government voluntarily for any amounts it provided to the United States under the agreement if the refund requirements are not met.

To authorize the Secretary of the Interior or the Secretary of Agriculture to enter into agreements with States and political subdivisions of States providing for the continued operation, in whole or in part, of public land, units of the National Park System, units of the National Wildlife Refuge System, and units of the National Forest System in the State during any period in which the Secretary of the Interior or the Secretary of Agriculture is unable to maintain normal level of operations at the units due to a lapse in appropriations, and for other purposes. 1. Short title This Act may be cited as the Public Access to Public Land Guarantee Act 2. Findings Congress finds that— (1) public land in the United States is managed and administered for the use and enjoyment of present and future generations; (2) the National Park System (including National Parks, National Monuments, and National Recreation Areas) is managed for the benefit and inspiration of all the people of the United States; (3) the National Wildlife Refuge System is administered for the benefit of present and future generations of people in the United States, with priority consideration for compatible wildlife-dependent general public uses of the National Wildlife Refuge System; (4) the National Forest System is dedicated to the long-term benefit of present and future generations; and (5) the reopening and temporary operation and management of public land, the National Park System, the National Wildlife Refuge System, and the National Forest System using funds from States and political subdivisions of States during periods in which the Federal Government is unable to operate and manage the areas at normal levels due to a lapse in appropriations is consistent with the values and purposes for which those areas were established. 3. Definitions In this Act: (1) Covered unit The term covered unit (A) public land; (B) units of the National Park System; (C) units of the National Wildlife Refuge System; or (D) units of the National Forest System. (2) Public land The term public land public lands 43 U.S.C. 1702 (3) Secretary The term Secretary (A) the Secretary of the Interior, with respect to land under the jurisdiction of the Secretary of the Interior; or (B) the Secretary of Agriculture, with respect to land under the jurisdiction of the Secretary of Agriculture. 4. Agreement to keep public land open during a government shutdown (a) In general Subject to subsection (b), if a State or political subdivision of the State offers, the Secretary shall enter into an agreement with the State or political subdivision of the State under which the United States may accept funds from the State or political subdivision of the State to reopen, in whole or in part, any covered unit within the State or political subdivision of the State during any period in which there is a lapse in appropriations for the covered unit. (b) Applicability The authority under subsection (a) shall only be in effect during any period in which the Secretary is unable to operate and manage covered units at normal levels, as determined in accordance with the terms of agreement entered into under subsection (a). (c) Refund The Secretary shall refund to the State or political subdivision of the State all amounts provided to the United States under an agreement entered into under subsection (a)— (1) on the date of enactment of an Act retroactively appropriating amounts sufficient to maintain normal operating levels at the covered unit reopened under an agreement entered into under subsection (a); or (2) on the date on which the State or political subdivision establishes, in accordance with the terms of the agreement, that, during the period in which the agreement was in effect, fees for entrance to, or use of, the covered units were collected by the Secretary. (d) Voluntary reimbursement If the requirements for a refund under subsection (c) are not met, the Secretary may, subject to the availability of appropriations, reimburse the State and political subdivision of the State for any amounts provided to the United States by the State or political subdivision under an agreement entered into under subsection (a). December 10, 2014 Reported without amendment

Public Access to Public Land Guarantee Act